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PRIVACY STATEMENT FACIL WEBSITE

 

1. GENERAL
1.1. This is the general privacy statement of Facil Corporate BV, with its registered office at Geleenlaan 20, 3600 Genk ( Belgium ) and registered at the Belgian Crossroads Bank for Enterprises under number 0466.971.955, telephone number: EU: +32 (0)89 41 04 50, e-mail: privacy@facil.be ( hereafter ‘Facil’) and / or its associated companies according to article 1:20 of the Belgian Companies and Associations Code (hereinafter referred to together or separately as the ‘Facil Group, “Us” or “We”).

1.2. This privacy statement applies to all Facil Group operations via the website www.facil.be. ( including any other subdomain / linked domain of the Website and the e-order platform accessible via www.webshop-facil.be ) (hereinafter referred to as the ‘Website’), unless it is expressly stated that another more specific privacy statement applies.

1.3. 1.3. Facil Group is a premier full service provider for automotive fastening solutions. In this context, Facil Group works with suppliers, distribution partners, clients acting as trade intermediaries and end-users.

1.4. This privacy statement is provided to you electronically or on paper and is always available under the ‘Privacy statement’ section of the Website. The aim of this Facil Group privacy statement is to inform you ( about your privacy rights ), as you are possible a data subject of which the personal data is processed by Us. We can change this privacy statement at any time, so make sure to consult it regularly. All privacy statement updates are published on the Website. They automatically take effect on the date of publication on the Website. Please read this privacy statement carefully to understand our policies and practices regarding your personal data and how we will treat it. If you do not agree with our policies and practices, it is your choice not to use our Website. By accessing or using this Website, you agree to this privacy policy. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the privacy statement periodically for updates.

1.5. For all matters relating to the processing of Personal Data by Facil Group you can contact Us via privacy@facil.be.

 

2. LEGAL FRAMEWORK
2.1. The Facil Group acts as the controller when processing your personal data or personal data about others you communicate to the Facil Group directly or indirectly ( for example, by ordering via the Website, by e-mail or personal contact ) (‘Personal Data”).

2.2. This privacy statement is subject to regulations to protect Personal Data, such as:

(i) The Belgian Law of 30 July 2018 on the protection of privacy in terms of personal data processing;

(ii) The General Data Protection Regulation (EU) 2016/679 (GDPR) of 27 April 2016 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;

(iii) When residing in US, US Privacy Laws ( including the California Consumer Privacy Act (US) of 2018 (CCPA) providing protection of personal data including the right to know, right to delete, right to opt-out, and the right to not delete to natural persons )

(iii) All other applicable rules and regulations on the protection of privacy and the processing of personal data. (hereinafter referred to together or separately as the ( ‘Privacy Law’.)

2.3. This privacy statement generally applies to all website-operations of the Facil Group and therefore to, for example, all the pages of the Website ( ( including when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this privacy statement ). However, this privacy statement does not apply to any third-party operations or any third-party web pages that are referred to by the Website or that refer to the Website themselves, as they may be subject to other privacy statements.

 

3. LEGAL GROUNDS AND SCOPE
3.1. The Facil Group has the following legal grounds for processing your Personal Data:

(i) The agreement you (shall) conclude(d) with the Facil Group;
(ii) Your free, specific, informed and unambiguous consent allowing the Facil Group or its partners (for example subcontractors or contracting parties) to process the Personal Data. This consent can be given in any way, for example: by letter, by e-mail, in an online or offline consent form, by clicking on a link, by registering and verbally;
(iii) A legal obligation and/or
(iv) A legitimate interest of the Facil Group.

 

4. PURPOSE
4.1. The Facil Group processes the Personal Data in accordance with the provisions of the Privacy Law and this privacy statement, with a view to:

(i) Carry out its respective operations (including the conclusion and execution of agreements in this respect);
(ii) Manage a (possible) contractual relationship with you and provide products or services in the context of this (possible) relationship;
(iii) Send information on (changes to) your purchased product;
(iv) Send sales invoices and other commercial documents;
(v) Ensure the optimal operation of the Website;
(vi) Engage in (similar or different) direct marketing about its operations, such as promotions, updates, specific offers and services, newsletters, brochures, e-mails, marketing materials and other information on the Facil Group or the industry that may be of interest or use;
(vii) Create personal access to the Website (an account);
(viii) Understand your needs and preferences, so that the Facil Group can tailor its range, products and methods better;
(ix) Achieve certain statistical purposes;
(x) Use your personal data to communicate with you in relation to our services through different channels;
(xi) Prevent and detect fraud and abuse;
(xii) Outsource the execution of the previous items to subcontractors, contracting parties and third-parties;
(xiii) Comply with the applicable regulations.

(hereinafter referred to together or individually as the ‘Purpose’).

 

5. PERSONAL DATA
5.1. The Facil Group can retrieve, collect and process:

(i) Personal Data that may be useful to achieve the Purpose, such as first name, surname, address, e-mail address, telephone number, bank account information, IP address, professional interests and preferences, other information provided to the Facil Group;
(ii) Personal Data that is collected in the context of the operations of Facil Group as defined in Article 1.3.

5.2. Registration with the Website or other websites or the communication of such a registration to the Facil Group makes the personal data automatically accessible and available to the Facil Group for further use in order to achieve the Purpose, unless You objected thereto.

 

6. TRANSFER TO THIRD PARTIES
6.1. The Facil Group can use subcontractors or partners to handle certain processing operations, such as website hosting and other ICT objectives, etc. The Facil Group concludes a data processing agreement with these third parties, who can access the Personal Data in compliance with the applicable Privacy Law. You will receive a notice when personal data about you might be shared with other third parties, at which point, you will have the opportunity to refuse this action.

6.2. The Facil Group guarantees that it shall not pass on any Personal Data to third parties other than within the group (see definition in Article 1.1) and those mentioned in Article 6.1, unless:

(i) It has a legal obligation to pass on the Personal Data;

(ii) Protect the rights, property, and safety of Facil Group users which includes the exchange of information with other companies and organizations for fraud protection; and

(iii) The Facil Group has a legitimate interest to do so.

6.3. The third parties to which the Facil Group can or must transfer the Personal Data according to the above categories may be based inside or outside the European Union. The provided Personal Data therefore may also be provided to companies or authorities in non-EU countries but only in accordance with the Privacy Law. Therefore such transfers shall only be done if authorised or required by the applicable Privacy Law or after the Facil Group has foreseen in appropriate safeguards in accordance with the Privacy Law, such as standard contractual clauses. The Facil Group shall not be held responsible in the context of the Personal Data transfer and cannot be held liable for further processing of the Personal Data by third parties other than the processors acting on behalf of the Facil Group.

 

7. STATEMENTS AND GUARANTEES
7.1. You guarantee that you are authorised (on behalf of the data subject) to transfer the Personal Data he or she provided to the Facil Group. This data may concern you, your employees, your partners and so on. You guarantee that you have obtained the required consent for the Personal Data transfer obtained above and that you shall indemnify the Facil Group against any claim in this regard (including compensation).

7.2. By accepting this privacy statement, you guarantee that the (Personal) Data you provide are accurate and complete.

7.3. You are aware that any violation of this provision shall be considered a serious error.

7.4. The communication of false identities, incomplete or incorrect data or data belonging to third parties that has not been authorised by the visitor / user may result in the temporary or permanent denial of visitor / user access to all or some of the Website.

 

8. PROCESSING PERIOD
8.1. The Facil Group stores Personal Data in accordance with the Privacy Law and no longer required then to achieve the Purpose.

 

9. RIGHTS
9.1. The Privacy Law grants all people certain rights with respect to their Personal Data. All individuals are entitled to do the following in terms of their Personal Data free of charge:

(i) They can access and copy the Personal Data;
(ii) They can correct the Personal Data in case of any errors;
(iii) They can have the Personal Data deleted provided that:
a. The Personal Data are no longer necessary to achieve the Purpose;
b. Consent is withdrawn and there is no other legal basis for processing the Personal Data;
c. An objection has been made and there is no other legal basis for processing the Personal Data;
d. The Personal Data were processed without observing the rules and regulations;
e. There is a legal obligation to delete the Personal Data.
(iv) They can have the processing of Personal Data restricted;
(v) They can object to the processing of their Personal Data, particularly in the context of direct marketing;
(vi) They can have the Personal Data transferred to a third party;
(vii) They can revoke, to the extent applicable by the Privacy law, the consent that entitles the Facil group to process the Personal Data;
(viii) They can file a complaint with the supervisory authority if they feel that the processing of their Personal Data is in conflict with the Privacy Law.

9.2. If you provide proof of identity (f.e. a copy of front side of your identity card), you can send a written, dated and signed request to exercise the above rights and to ask further questions. You can submit your request by post to Facil NV, Geleenlaan 20, 3600 Genk ( Belgium ) or electronically via privacy@facil.be.

9.3. However, exercising your rights as explained above depends on the requirements and conditions as stipulated in the Privacy Law. When residing in the United States more information regarding your rights ( including your right to object to the sale of your personal data ) can be found at https://oag.ca.gov/privacy/ccpa.

9.4. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

 

10. STORAGE AND PROTECTION
10.1. The Personal Data are stored by the Facil Group or its ICT provider located in the EU, unabated the rights of transfer described in this privacy statement.

10.2. Facil shall take all reasonable steps (or shall ensure that all reasonable steps are taken) to the best of its ability to protect the Personal Data against loss, destruction, alteration or unauthorized access. It shall do this by implementing technical and organisational measures in accordance with the Privacy Law.

10.3. You acknowledge and accept that forwarding and storing Personal Data is never without risk and consequently any damage suffered by you or the data subject due to unauthorized third-party use of the Personal Data shall never be recovered from the Facil Group.

10.4. If you become aware of a personal data breach, you shall inform Us immediately and no later than 2 hours after detecting the breach by calling +32 (0)89 41 04 50, and / or by sending an e-mail to e-mail: privacy@facil.be.

 

11. LIABILITY
11.1. The Facil Group can only be held liable for damage resulting from errors or negligence perpetrated by the Facil Group with regard to the processing of the Personal Data. Under no circumstances shall the Facil Group be held liable (i) in case of force majeure, (ii) for any indirect or consequential damage, (iii) for any damage resulting from errors, shortcomings or negligence perpetrated by you or by third parties other than the Facil Group’s processors.

 

12. DIVISIBILTY
12.1. If a provision in this privacy statement is deemed unlawful or unenforceable, it shall be amended as necessary to make it legal or enforceable while maintaining its original meaning as much as possible.

12.2. Where possible, the provisions of this privacy statement shall be interpreted in such a way that they are valid and enforceable under the applicable law. However, if one or more provisions of this privacy statement are found to be fully or partially invalid, unlawful or unenforceable, the remainder of that provision and this privacy statement shall remain in full force as if this invalid, unlawful or unenforceable provision had never been included.

 

13. APPLICABLE LAW AND COMPETENT COURT
13.1. You agree that any disputes between you and the Facil Group in connection with Personal Data and privacy matters are governed by the law applicable in accordance with our general terms and conditions and in accordance with the Privacy Law. Any Personal Data disputes shall be under the exclusive jurisdiction of the courts competent according to our general terms and conditions and in accordance with the Privacy Law.

 

14. DISCRIMINATION
14.1. The Facil Group will not discriminate against any person for exercising their rights under this privacy statement or under any Privacy Law.

 

15. COOKIES
15.1. We use cookies (and similar technologies) when you visit and use our Website. Cookies are small data or text files that are stored on your computer, tablet or smartphone when you visit our Website. The cookie files contain unique codes that enable your browser to recognize you. For example, you may be identified as a visitor to our Website during your next visit. Cookies can be used to optimize the operation and ease of use of websites. Examples include remembering what is in a shopping basket, helping users log into a website or analysing website traffic to improve usability. Cookies can also be used to track how the user navigates to and through a website so that the content of the website can better respond to the user’s preferences and needs.

15.2. Several types of cookies can be placed via our Website. The cookies can be divided into different categories:

– Category 1: Necessary cookies
– Category 2: Analytical cookies
– Category 3: Personalization cookies
– Category 4: Advertising cookies
– Category 5: Social media cookies

 

By default, most web browsers are configured to accept cookies automatically. You can change your browser settings at any time by changing preferences that may allow or disable all or certain cookies, delete all the cookies already stored or notify you when a cookie has been placed. Each type of browser has its own settings for handling cookies. You can find that information on your browser’s website. Keep in mind that changing your settings can prevent some elements of our Website from functioning optimally. You have at all times the right to object to the installation of cookies and to object to the transfer of data collected by cookies.