Personal data All information about an identified or identifiable natural person. Anidentifiable natural person is one who can be identified, directly or indirectly, inparticular by an identifier such as a name, an identification number, location data, an online identifier or
by one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Accomodata Accomodata bvba, having its registered office at 9600 Ronse, Oscar Delghuststraat 60, registered in the Belgian Company
register under number 0644.829.373, RPR Ghent, Department of Oudenaarde
Tel: +32 55 21 80 07
Processing Means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination,
blocking, erasure or destruction.
3. WHICH PERSONAL DATA DOES ACCOMODATA TRACK/PROCESS?
The following personal data is tracked/processed:
Identification (name, address, telephone number, …)
Electronic identification data (IP addresses, …)
Electronic localisation data (GSM, GPS, …)
Accomodata does not track sensitive Personal Data.
4. FOR WHAT PURPOSES ARE YOUR PERSONAL DATA?
Your Personal Data will be kept for the following purposes:
Execution or conclusion of (an) agreement(s)
Relationship management (customers (CRM) and/or suppliers)
5. WHAT DOES ACCOMODATA DO WITH YOUR PERSONAL DATA?
Accomodata is concerned about the protection of your privacy and personal data.
It has therefore already taken all the initiatives it deems necessary to comply with the current privacy legislation, in particular the Act of 8 December 1992 on the protection of privacy with regard to the processing of Personal Data (hereinafter referred to as the "Privacy Act"), its implementing decrees, the amendments thereto and as recently updated and still to be amended pursuant to the General Data Protection Regulation (hereinafter referred to as the "GDPR"). (hierna “AVG” genoemd).
Accomodata undertakes to comply with this legal framework and, where necessary, to take additional measures and implement adjustments as a result of the update.
The Personal Data requested by Accomodata are therefore always limited to the data that we consider necessary and sufficient for the correct performance of our services.
We strive to ensure that the Personal Data processed by us are correct and are updated in the event of any change.
Your Personal Data is always kept for a specific period of time, in function of our services and/or the legal requirements with which Accomodata must comply (e.g. accounting obligations).
Finally, we guarantee adequate protection (including encryption) against unauthorized or unlawful processing and against accidental loss, destruction or damage of your Personal Data, depending on the state of the art and the sensitivity of the Personal Data concerned.
6. PROCESSING LEGITIMACY (OPT-IN)
6.1. Accomodata will only process your Personal Data if (i) you give your permission to do so in relation to one or more of the specific purposes mentioned above, (ii) the processing of your Personal Data is necessary for the performance of the services you request from
Accomodata(processing in the context of the performance of a contract), or (iii) Accomodata can invoke a legitimate interest to this end, provided that your interests or fundamental rights and freedoms do not weigh more heavily.
For direct marketing purposes, Accomodata will always request your explicit consent for the use of your Personal Data. Notwithstanding your consent, you have the right at any time to object to the processing of your Personal Data for direct marketing purposes.
6.2. If you change your mind after your opt-in, you can withdraw your consent to the further processing of your Personal Data at any time by contacting us at firstname.lastname@example.org or by sending your request to the folliwing address:
Oscar Delghuststraat 60
7. YOUR RIGHTS
Accomodata strives for transparency with regard to the processing of your Personal Data. When Accomodata processes your Personal Data, you may request us to be informed thereof in a concise and comprehensible manner.
Where applicable, you have the right to request Accomodata to inspect, rectify or delete your Personal Data, or to restrict the processing you are involved in. You can also object to the processing of your Personal Data and you have a right to a data transfer.
7.2. Right of access
When we process your Personal Data, you have the right to inspect this data and you can also request the following information from us:
The processing purposes;
The categories of Personal Data concerned
The recipients or categories of recipients to whom the Personal Data have been or will be
disclosed, in particular recipients in third countries or international organisations
If possible, the period for which it is expected that the Personal Data will be stored or, if that is not possible, the criteria for determining that period
Where we do not obtain your Personal Data directly from you, the information available on the source of your Personal Data
If you request more than one copy, we reserve the right to charge an administrative fee for this.
7.3. Right of amendments
If you find that the Personal Data processed by us is incorrect or incomplete, you can ask us to make the necessary amendments or additions.
7.4. Right to be forgotten
You have the right to require Accomodata to delete the Personal Data that we process from you, but only in one of the following cases:
Your Personal Data is no longer necessary for the purposes for which it has been collected or otherwise processed by Accomodata
You withdraw your consent to the processing of your Personal Data and there is no other legal basis for Accomodata to further process your Personal Data
You may object to the processing of your Personal Data on account of a specific situation relating to you, unless Accomodata provides compelling, legitimate grounds for the processing that outweigh your interests, rights and freedoms or that are connected with the institution, exercise or substantiation of a legal claim
Your Personal Data has been unlawfully processed
Your personal data must be deleted in order to comply with a legal obligation that rests on Accomodata
7.5. Right to limitation of Processing
In certain cases, you may request Accomodata to limit the processing of your Personal Data, in particular:
If you dispute the correctness of your Personal Data, for a period that allows Accomodata to verify the correctness of your Personal Data
The processing would be unlawful, but you do not want your Personal Data to be deleted
Accomodata no longer needs your Personal Data for processing purposes, but you need it yourself to set up, exercise or substantiate a legal claim
You may object to the processing of your Personal Data on account of a specific situation relating to you, awaiting an answer to the question whether the justifiable grounds of Accomodata outweigh your interests, rights and freedoms or relating to the institution, exercise or substantiation of a claim.
Any limitation of your Personal Data will result in it being marked by Accomodata for the purpose of limiting its processing in the future.
7.6. Right to transferability of your Personal Data
In certain cases, you have the right to obtain the Personal Data relating to you that you have provided to Accomodata in a structured, common and machine-readable form, and you have the right to transfer that data to another data processor. The cases in question are as follows:
1. The processing of Personal Data is based on your consent or is necessary for the perormance of the contract
2. Processing shall be carried out by means of automated processes.
Both of the above conditions must be met. If this is not the case, you do not have a right to transferability.
Finally, the right to transferability should not affect the rights and freedoms of others (e.g. if the data concern more than one data subject). Accomodata reserves the right to refuse the transferability if it believes that the rights and freedoms of others are being harmed.
8. SECURITY OF YOUR PERSONAL DATA
8.1. Taking into account the state of the art, the implementation costs, as well as the nature, scope, context, processing purposes and the various risks to your rights and freedoms, which vary in terms of probability and seriousness, Accomodata shall ensure that it has taken - and shall update
from time to time - the necessary security measures to ensure a level of security appropriate to the risk.
Where relevant, the measures taken by Accomodata may include the following:
The pseudonymisation and encryption of your personal data
The ability to ensure the confidentiality, integrity and availability of its processing systems and services on an ongoing basis
The possibility, in the event of an incident, of restoring the availability of, and access to, the Personal Data in a timely manner
The establishment of a procedure for periodical testing, assessing and evaluating the effectiveness of technical and organisational measures to safeguard processing.
Where Accomodata itself is responsible for the storage of your Personal Data, this is done on its own secure devices, media, servers and/or other material or immaterial carriers.
8.2. Accomodata guarantees that it has also taken adequate measures to ensure that any natural person acting under its authority or under the authority of the processor and, in the performance of his/her duties or instructions for Accomodata or the processor, gains access to your
Personal Data, only processes it on the instructions of Accomodata, unless he/she is obliged to do so by law.
9. NOTIFICATION OF INFRINGEMENTS
9.1. Accomodata is required by law to report any breach of your Personal Data to the supervisory authority without unreasonable delay and, if possible, no later than 72 hours after it becomes awareof it.
For Belgium, this regulatory authority is the Commission for the Protection of Privacy (hereinafter referred to as the "Privacy Commission"), having its registered office at 1000 Brussels, rue Haute 139 (Tel: +32(0)2/213.85.40; Fax: +32(0)2/213.85.65; E-mail: email@example.com). The Privacy Commission is an independent body that oversees the protection of privacy in the processing of Personal Data.
9.2. Where appropriate, and where the breach is likely to pose a high risk to your rights and freedoms, Accomodata undertakes to report the breach of your Personal Data to you as well, unless one of the following conditions is met:
Accomodata has taken appropriate technical and organizational protection measures to make your Personal Data incomprehensible to unauthorized persons (encryption, pseudonymization, etc.) and these measures have been applied to your Personal Data to which the breach relates
Following the ascertainment of the infringement, Accomodata has taken the necessary measures to ensure that the infringement is no longer likely to pose a high risk to your rights and freedoms
The communication would require a disproportionate effort. In that case, Accomodata will instead make a public announcement or take a similar measure on the basis of which you will be informed equaly effective
10. THIRD-PARTY PROCESSING
10.1. It is possible that Accomodata depends on the services of third parties for the correct performance of its services. In this respect, Accomodata guarantees that it has concluded an agreement with its direct subcontractors for the processing of Personal Data (hereinafter referred to
as the "Processor Agreement"), and has obtained at least a written guarantee from this third party that they will at all times act in accordance
with the applicable privacy legislation, in particular the Privacy Act and the GDPR.
By means of a Processing Agreement, these third parties undertake, when processing your Personal Data in the context of an assignment outsourced to them by Accomodata, to act in full compliance with the applicable privacy legislation, in particular the Privacy Act and the GDPR.
10.2. Accomodata may rely on certain third party service providers who have their own privacy policies regarding the information it needs to provide to them for your purchase related transactions, such as payment gateways and other payment transaction processors.
Where appropriate, we encourage you to review the privacy policies of these service providers so that you understand how your Personal Data is handled by these providers.
Please note in particular that certain providers may be located in a jurisdiction other than Belgium or the European Union or may have facilities there. When you choose to proceed with a transaction involving the services of an external service provider, your information may be subject to the laws of the jurisdiction or jurisdictions in which that service provider or its facilities are located.
For example, if you are located in Canada and your transaction is processed by a payment gateway in the United States, your personal information used in completing that transaction may be disclosed under U.S. law, including the Patriot Act.
12. COMPLAINTS AND REMARKS
This can be done by sending an e-mail to firstname.lastname@example.org or by sending your complaint to thefollowing address:
Oscar Delghuststraat 60
Accomodata undertakes to deal with your complaint as a matter of urgency, but reserves the sovereign right to decide whether it is well-founded.
12.2. If you wish, you can also address your complaint to the Privacy Commission (Tel: +32(0)2/213.85.40; Fax: +32(0)2/213.85.65;
13. APPLICABLE LAW AND COMPETENT COURT
13.1. Applicable law
13.2. Competent court
The courts of the judicial district of Ghent, department Ghent, are competent to take knowledge of any dispute arising between Accomodata and the data subject whose Personal Data are processed by or on behalf of Accomodata.