Jacops NV, with its registered office at Nijverheidslaan 31, 8540 Deerlijk and entered in the Crossroads Bank for Enterprises under enterprise number BE0415.826.627, considers the safe, transparent and confidential collection and processing of your personal data to be of the utmost importance. More specifically, we want to protect the data of, for example, our customers, subcontractors and suppliers from any loss, leaks, errors, unauthorised access and unlawful processing.
The aim of this Data Protection Notice is to inform you about the collection and processing of your personal data.
We ask you to read this Data Protection Notice carefully because it contains essential information about how and the purposes for which your personal data is processed.
By providing us with your personal data, you expressly declare that you are aware of this Data Protection Notice and also expressly agree to it, as well as to the actual processing of your personal data.
This Data Protection Notice covers all the services we provide and, in general, all the activities we carry out.
The controller of your personal data is Jacops NV, with its registered office at Nijverheidslaan 31, 8540 Deerlijk, and enterprise number BE0415.826.627.
When collecting and processing your personal data, we respect Belgian data protection regulations, as well as the General Data Protection Regulation (GDPR) as of its entry into force on 25 May 2018.
Depending on your activities and your relationship with our company, you provide us with the following personal data: your identity and contact details (name, title, address, e-mail address, telephone and mobile phone number).
For certain specific legal obligations (electronic attendance registration, 30bis declaration of works, Flemish Duty of Care obligation), you may have to provide us with additional data for attendance registration (such as E-ID data, A1, single permit, residence data, Limosa number, Dimona list).
We kindly remind you that you are ultimately responsible for all the data you provide to us and that we trust it is accurate. If your data is no longer up-to-date, please inform us immediately.
You are not obliged to communicate your personal data, but you must understand that the provision of certain services or cooperation becomes impossible if you do not consent to its collection and processing.
Customer details
As part of our services and activities, we collect and process the identity and contact details of our customers and clients, their employees, workers, appointees and other useful contacts. The purposes of this processing relate to implementing contracts with our customers, customer management, accounting and direct marketing activities such as communicating promotional or commercial information. The legal basis relates to the performance of the contract, compliance with legal and regulatory obligations (e.g. the 30bis declaration of works) and/or our legitimate interest.
Details of suppliers and subcontractors
We collect and process the identity and contact details of our suppliers and subcontractors, as well as their subcontractor(s), if applicable, their employees, workers, appointees and other useful contacts. The purposes of this processing relate to implementing this contract, supplier/subcontractor management, accounting and direct marketing activities such as communicating promotional or commercial information. The legal basis relates to implementing the contract, compliance with legal and regulatory obligations (such as mandatory electronic attendance registration, the 30bis declaration of works, the attendance list or other obligations in government contracts, the Flemish Duty of Care obligation, etc.) and/or our legitimate interest (such as direct marketing). For direct marketing activities by e-mail (such as a newsletter or an invitation to an event), consent will always be sought and can also be withdrawn at any time.
For electronic attendance registration, E-ID data or the Limosa number will also be processed where appropriate.
Under the Flemish Duty of Care obligation (Flemish Government Decree implementing the Law of 30 April 1999 on the employment of foreign workers), we are legally obliged, prior to the commencement of the works, to request details of the foreign workers of our subcontractor, or of foreign subcontractors, and to check that these details are complete and correct. It concerns the data mentioned in Article 79/1 of the aforementioned Decree, i.e.:
(a) Proof of a valid passport or equivalent travel document of all third-country nationals employed by the subcontractor or performing self-employed professional activities on behalf of the subcontractor. If the subcontractor is a natural person who is a third-country national, proof of their valid passport or equivalent travel document must also be attached;
b) Proof of the right to reside or the residence permit of more than three months in the Member State of the European Economic Area or the Swiss Confederation in which the aforementioned third-country nationals reside;
(c) Proof of registration in the Limosa Database if the activities constitute a posting within the scope mentioned in Article 138 of the Programme Law (I) of 27 December 2006;
(d) Proof of the document issued by the foreign institution, certifying that the social security legislation of that country remains applicable during their employment in the Belgian territory;
(e) Proof of a valid Belgian work permit or professional card for the aforementioned third-country nationals;
(f) Proof of the immediate declaration of employment of third-country nationals as mentioned in the Royal Decree of 5 November 2002 introducing an immediate declaration of employment, pursuant to Article 38 of the Law of 26 July 1996, on the modernisation of social security and the sustainability of statutory pension schemes 2 [or proof of registration in the Limosa Database if the activities constitute a posting within the scope mentioned in Article 138 of the Programme Law (I) of 27 December 2006.]
Employee data
We process the personal data of our employees as part of our personnel management and payroll services. Given its specific nature, this processing is subject to more comprehensive regulation set out in an Employee Data Protection Policy.
Other data
In addition to the data of customers, suppliers/subcontractors and employees, we also process personal data of other persons, such as potential new customers/prospects, useful industry contacts, network contacts, expert contacts, etc. The purposes of this processing relate to the interest of our operations, direct marketing and public relations. The legal basis is our legitimate interest or, in some cases, to perform a contract.
The personal data will be stored and processed by us for the duration necessary in relation to the purposes of the processing and in relation to our relationship (contractual or otherwise).
Customer data and the data of suppliers or subcontractors will in any case be deleted from our systems after a period of ten (10) years after the termination of the contract or project, except with regard to any personal data we are required to retain for a longer period on the basis of specific legislation or in the event of an ongoing dispute for which the personal data is still necessary.
The data collected under the Flemish Duty of Care obligation will be retained for a period of five (5) years and kept at the disposal of the social inspectorate services, starting from the date on which the framework contract is agreed.
In accordance with and under the terms of Belgian privacy legislation and the provisions of the General Data Protection Regulation, we inform you that you have the following rights:
You can exercise the aforementioned rights by contacting Jacops NV. To do so, please contact the DPO at: dpo@jacops.be and/or 056/77.84.51.
We make every effort to handle your personal data in a diligent and legitimate manner in accordance with the applicable regulations. Nevertheless, if you believe that your rights have been violated and your concerns have not been addressed by our company, you are entitled to file a complaint with:
The Data Protection Authority
Drukpersstraat 35, 1000 Brussels
Tel.: 02 274 48 00
Fax: 02 274 48 35
E-mail: contact@apd-gba.be
You may also submit the matter to a court if you believe that you have suffered damage as a result of the processing of your personal data.
Certain personal data collected by us will be passed on to and possibly processed by third-party service providers such as our IT supplier, accountant, auditor, customers (such as Proximus, Telenet) as well as by the government (e.g. in the case of the 30bis declaration of works, electronic attendance registration or tenders for public contracts).
Data collected under the Flemish Duty of Care obligation may be held by GeoDynamics, which acts as a sub-processor.
One or more of the above third parties may be located outside the European Economic Area (EEA). However, personal data will only be transferred to third countries with an adequate level of protection.
The employees, managers and/or representatives of the service providers or institutions mentioned above and the specialised service providers appointed by them must respect the confidential nature of your personal data and may only use the data for the purposes for which it was provided.
If necessary, your personal data may be transferred to other third parties. This could be the case, for example, if we were to undergo a partial or comprehensive reorganisation, if our operations were transferred or if we were declared bankrupt. Personal data may also need to be transferred pursuant to a court order or to comply with a particular legal obligation. In that case, we will make reasonable efforts to inform you in advance of the transfer to other third parties. However, you must be aware and understand that in certain circumstances this may not always be technically or commercially feasible or that legal restrictions may apply.
We will not sell your personal data or make it available commercially to direct marketing agencies or similar service providers, under any circumstances whatsoever, except with your prior consent.
We take the necessary technical and organisational measures to process your personal data subject to an adequate level of security and protect it against destruction, loss, falsification, modification, unauthorised access or communication by mistake to third parties, as well as any other unauthorised processing of this data.
Jacops NV cannot be held liable under any circumstances whatsoever for any direct or indirect damage resulting from erroneous or unlawful use of the personal data by a third party.
For the purpose of processing your personal data, we grant access to your personal data to our employees, associates and appointees. We guarantee a similar level of protection by imposing binding contractual obligations on these employees, associates and appointees, which are similar to this Data Protection Notice.
If, after reading this Data Protection Notice, you have further questions or comments regarding the collection and processing of your personal data, please contact Jacops NV by post at Jacops NV, to the attention of the DPO, Nijverheidslaan 31 - 8540 Deerlijk, or by e-mail to dpo@jacops.be.