What do we do with your Personal Data?
- ENERGIS SA, a limited liability company organised under Belgian law, with registered office at Avenue Jean Monnet 1, 1348 Louvain-la-Neuve, Belgium, registered with the Crossroads Bank for Enterprises under company number 0676.634.881 (hereinafter “Energis SA”, “we”, “our”, “us”) processes personal data related to its current and past customers’ representatives, its prospects, its suppliers’ representatives, the visitors to its websites, job candidates and other data subjects (hereinafter the “data subject”, “you”, “your”).
- This Privacy Policy (hereinafter the “Policy”) applies to any processing by Energis SA of your personal data.
Undertaking
- We use our best efforts to bring our data processing activities into compliance with applicable data protection legislation, including Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”) and the Belgian Data Protection Act of 30 July 2018, each as applicable, and as amended, restated or replaced from time to time (hereinafter the “Applicable Data Protection Law”).
Categories of Personal Data
- We process the following categories of personal data, in particular for the purposes described hereafter:
- Your personal identification data (surname, first name, etc.), email address, log-in details and password for creating your account and allowing you to access Energis.Cloud and other services;
- Your professional identification data (job function, company address, etc.) for managing our customer and supplier relationships;
- Data related to your professional life (work aptitudes, experience, information on your CV, etc.), only for recruitment purposes if you apply for a job at Energis SA;
- Your electronic identification data (IP address, dates and hour of access to the website, pages consulted, etc.), only processed, on an aggregate basis, for measuring our website audience and for generally improving your user experience on our website and on Energis.Cloud;
- Your personal identification data and email address when you make a request for information through our website.
- We may also process certain other categories of personal data where their processing is necessary for the establishment, exercise or defence of a legal claim.
- We may also process your personal data:
- To carry out corporate restructuring operations;
- For the management of disputes with customers, suppliers and other data subjects.
- The provision of your personal data may be necessary for:
- The performance of a contract (e.g. the contract between a customer and Energis SA) or in order to take pre-contractual steps at your request (e.g. in the context of a request for information);
- Compliance with a legal obligation applicable to us (e.g. with regard to invoicing, taxation, etc.);
- The legitimate interests pursued by us (or by a data recipient) provided that such interests prevail over your fundamental rights and freedoms.
- In some cases, we will ask for your free, prior and informed consent before processing some of your personal data (e.g. your email address for direct marketing purposes, etc.).
- We will not subject you to decisions based exclusively on automated processing that produce legal effects that concern you or affect you significantly.
- The provision of certain of your personal data (e.g. your name, email address, etc.) is a condition for us to create an account for you to access and use Energis.Cloud.
- The possible consequences of not providing your personal data could include our inability to meet our obligations under the contract with our customers or a breach by us of one or more obligations under applicable laws (e.g. accounting or tax laws).
- Please note that we may process personal data contained in the electronic communications carried out with us or that you voluntarily provide in the context of a request for information.
Source of the Data
- We may collect your personal data as follows:
- Directly from you, e.g. through the request for information process; or
- From publicly accessible information (on the Internet).
Recipients of your Personal Data
- We may disclose your personal data to the following recipients:
- The customer support team;
- The directors of Energis SA;
- Our legal counsels and/or lawyers in the context of corporate restructuring operations and litigation proceedings;
- Third party service providers related to the operation and maintenance of the information systems processing your personal data (these providers only have access to the personal data necessary to carry out their missions);
- Government entities authorised to access and/or obtain your personal data in accordance with applicable law;
- The courts and tribunals of the judicial order in the event of a dispute involving you;
- Law enforcement authorities in the event of a finding or a suspicion of the occurrence of an offence involving you in accordance with or as required by applicable law.
- In the event of corporate restructuring operations (e.g. mergers or acquisitions), we may transfer your personal data to a third party involved in the transaction (for example, a buyer) in accordance with Applicable Data Protection Law.
Third Parties
- We take appropriate measures to ensure that our third-party vendors process your personal data in accordance with Applicable Data Protection Law.
- We also ensure that our processors undertake to, among other things, process your personal data only on our instructions, not hire subprocessors without our consent, take appropriate technical and organisational measures to ensure an adequate level of security of your personal data, ensure that persons authorised to access your personal data are subject to the obligations of confidentiality, return and/or destroy your personal data at the end of their services, comply with audits and assist us in following up on your requests regarding the exercise of your data protection rights.
Transfers Outside of the European Economic Area
- We may transfer your personal data to countries located outside of the European Economic Area (hereinafter “EEA”).
- If your personal data is transferred to countries located outside of the EEA, we will ensure that appropriate safeguards are taken, such as:
- The country to which the personal data are transferred has benefited from an adequacy decision by the European Commission under Article 45 of the GDPR; or
- Standard data protection contractual clauses as approved by the European Commission pursuant to Article 47 of the GDPR have been established; or
- In case of a transfer of personal data to the United States, the transfer complies with the conditions imposed by the EU-US Privacy Shield under Article 45 of the GDPR.
- For further information about transfers of personal data outside of the EEA, please consult the following link: https://edps.europa.eu/data-protection/data-protection/reference-library/international-transfers_en.
- If you would like to obtain more information about the appropriate safeguards taken by Energis SA for the transfer of personal data outside of the EEA, please contact our Data Protection Correspondent by email at privacy@energis.cloud.
Retention
- We ensure that your personal data are kept for no longer than is necessary for the purposes for which they are processed.
- We use the following criteria to determine the retention periods of personal data according to the context and purposes of each processing operation:
- The date of your last log-in on Energis.Cloud;
- The sensitivity of the personal data;
- Security reasons (for example, the security of our information systems);
- Any current or potential dispute involving you;
- Any legal or regulatory obligation to retain or delete personal data (for example, a retention obligation imposed by accounting or tax laws).
Your Rights
- Subject to Applicable Data Protection Law, you have the rights to access, rectify and erase your personal data, the rights to object to or limit the processing of your personal data, the right to data portability and the right to withdraw consent.
| Right | What does it mean? |
|---|---|
| The right to be informed | You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights. This is why we are providing you with the information in this Policy. |
| The right of access | You have the right to obtain access to your personal data. This is so you are aware and can check that we are using your personal data in accordance with Applicable Data Protection Law. |
| The right to rectification | You are entitled to have your personal data rectified if they are inaccurate or incomplete. |
| The right to erasure (the “right to be forgotten”) | You have the right to have your personal data erased. However, the right to erasure (or the “right to be forgotten”) is not absolute and is subject to special conditions. We may retain your personal data to the extent permitted by applicable law, and in particular when their processing remains necessary to comply with a legal obligation to which Energis SA is subject or for the establishment, exercise or defence of a legal claim. |
| The right to restrict processing | You have the right to restrict further use of your personal data (e.g. when Energis SA does not need your personal data anymore but your personal data are still necessary for the establishment, exercise or defence of a legal claim). |
| The right to data portability | You have the right, in certain circumstances, to receive the personal data concerning you and that you have provided to Energis SA in a structured and commonly used machine-readable format and to transmit them to another data controller. |
| The right to object to processing | You have the right to object to certain types of processing (e.g. when the processing is based on the legitimate interests of Energis SA and, taking into account your particular situation, your interests or fundamental rights and freedoms prevail). |
| The right to withdraw consent | If you have given your consent to the processing by Energis SA of your personal data, you have the right to withdraw your consent at any time. |
- Please forward any request regarding your rights as data subject to our Data Protection Correspondent by email at privacy@energis.cloud. We will try to comply with your request as soon as reasonably practicable and always under the timeframes set forth by Applicable Data Protection Law. Please note that we may need to retain some of your personal data for certain purposes as required or authorised by law. Please also note that, if we have doubts about your identity, we may require you to provide us with proof of your identity to prevent unauthorised access to your personal data.
Right to Object to Marketing
- We may process your email address for direct marketing purposes to the extent permitted by applicable law.
- You have the right to object at any time to the processing of your personal data for direct marketing purposes by unsubscribing from our mailing list or by sending an email to our Data Protection Correspondent at privacy@energis.cloud.
Security
- We implement adequate technical and organisational measures to ensure a level of security of your personal data that is appropriate to the risks.
- We take appropriate measures to ensure that we report security incidents leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.
Questions and Complaints
- If you have any questions or complaints about the way we process your personal data, please send them to our Data Protection Correspondent by email at privacy@energis.cloud or by post at Energis SA, Avenue Jean Monnet 1, 1348 Louvain-la-Neuve (Belgium).
- You have the right to lodge a complaint at the competent supervisory authority. The competent supervisory authority for Belgium can be contacted at: Data Protection Authority 35 Rue de la Presse / Drukpersstraat, 1000 Brussels +32 (0)2 274 48 00 contact@apd-gba.be
Miscellaneous
- We reserve the right to modify this Policy at any time, so please review it frequently. We will inform you of any changes made to this Policy so that you are aware of the way we process your personal data at all times.
- In the event of a conflict or inconsistency between a provision of this Policy and a provision of another policy or another document of Energis SA relating to the processing of personal data, the provision of this Policy shall prevail.
- This Policy is governed by Belgian law and any litigation arising out of, or in connection with, the formation, execution, interpretation and termination of this Policy will be submitted to the courts of Brussels.