Privacy Policy and General Conditions

In case of differences between the text below and the Dutch version of this text, the Dutch version prevails.

1.          Introduction

CIRCL nv is a construction company with its registered office at 2440 Geel, Lammerdries 12, registered in the Kruispuntbank van Ondernemingen with enterprise number 0690.765.308 (hereinafter "CIRCL").

The website CIRCL.be and derivatives (www.circl.be, portal.circl.be, app.circl.be) (hereinafter collectively referred to as "Website") are owned by CIRCL.

With this document, we want to inform you about our policy regarding the collection and processing of personal data by CIRCL and the use of our Website (hereinafter "Terms and Conditions").

By communicating your personal data or by using our Website, you expressly declare that you have read our Terms and Conditions and also expressly agree to the Terms and Conditions and the processing of your data.

2.        Application

These Terms relate to all services provided by CIRCL and in general to all activities we carry out.

3.        Intellectual property

The use of the Website does not grant the user any intellectual property rights. The content of the Website and the information made available are the exclusive intellectual property of CIRCL. The information that can be consulted on the Website, the design, texts, drawings, photos, data, logos, brands and other trademarks published on it are protected by trademark law and/or copyright law and/or other applicable regulations and may not be copied in any form or by any means whatsoever, except with the prior written consent of CIRCL.

4.        Controller and its commitments

CIRCL is the controller of your personal data.

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.

5.        Personal data, processing purposes and legal basis

We collect your personal data according to your activities and relationship with CIRCL.

We kindly remind you that you are responsible for all the data you provide us with and that we trust its accuracy. Should your data no longer be up-to-date, please inform us by return.

You are not obliged to communicate your personal data, but you understand that the provision of certain services or cooperation becomes impossible if you do not consent to its collection and processing.

Customer and client data

We collect and process the identity and contact details of our customers and clients, their staff, employees and other useful contacts.

The purposes for this processing are the performance of agreements with our customers, customer management and accounting. The legal grounds are the performance of the agreement, the fulfilment of legal and regulatory obligations and/or our legitimate interest.

In the context of the Breyne Act guarantee or the follow-up of the building application, the national registration number is also processed where appropriate.

For direct marketing activities by e-mail (such as a newsletter or invitation to events), consent will always be requested. Such consent may also be withdrawn at any time.

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 any, their staff, employees, appointees and other useful contacts.

The purposes for this processing are the performance of supplier/subcontractor agreements, supplier/subcontractor management, accounting and direct marketing activities such as sending promotional or commercial information. The legal grounds are the performance of the agreement, the fulfilment of legal and regulatory obligations (e.g. 30bis declaration of works) and/or our legitimate interest (such as for direct marketing).

Within the scope of our obligations towards the NSSO, E-ID data or the Limo number are also processed where applicable.

Staff data

We process our employees' personal data as part of our personnel management and payroll administration. Given its specific nature, this processing is regulated more comprehensively in an Employee Data Protection Policy.

Other data

In addition to customer, supplier/subcontractor and staff data, we also process personal data of others, such as potential new customers/prospects, useful contacts within our industry, network contacts, expert contacts and so on. The purposes of this processing are in the interest of our operations, direct marketing and public relations. The legal basis is our legitimate interest or in some cases the performance of a contract.

For direct marketing activities by e-mail (such as a newsletter or invitation to events), consent will always be requested. Such consent may also be withdrawn at any time.

6.        Cookies and other tracking devices

Our Website may store information to improve your experience as a user. Technically, we use cookies, local storage and/or session storage, hereinafter referred to as "Cookies", for this purpose.

We use functional cookies that are strictly necessary to make the Website work correctly and to provide the services you have requested. These include sharing your questions in our contact form and configuring your home in our configurator on the Website. These cookies are enabled by default. You can disable these cookies yourself in your browser, but then the Website will no longer function correctly.

We also use analytical cookies that allow us to track how you and other visitors use the Website. On this basis, we can improve the Website step by step. These are the following cookies:

  • Google Analytics: to collect anonymous information about your use of our website and our configurator. See more information on the Google Analytics site
  • Hubspot: for optimising our digital marketing. This information is only tracked if you explicitly opt in by accepting these cookies.

7.        Duration of processing

Personal data will be kept and processed by us for a period necessary in function of the purposes of the processing and in function of the relationship (contractual or otherwise) we have with you.

Customer data and data of suppliers or subcontractors will in any case be deleted from our systems after a period of 10 years after the termination of the agreement or project, except with regard to personal data that we are required to keep for a longer period on the basis of specific legislation or in case of an ongoing dispute for which the personal data are still necessary.

8.        Rights

In accordance 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:

  • Right of access and inspection: you have the right to access the data we hold about you free of charge and to find out what it is used for.
  • Right to rectification: you have the right to obtain rectification (correction) of your incorrect personal data, as well as to complete incomplete personal data.
  • Right to data erasure or restriction: you have the right to request us to erase or restrict the processing of your personal data in the circumstances and under the conditions stipulated by the General Data Protection Regulation. We may refuse the data erasure or restriction of any personal data necessary for us to fulfil a legal obligation, the performance of the contract or our legitimate interest, and for as long as this data is necessary for the purposes for which it was collected.
  • Right to data portability: you have the right to obtain the personal data you have provided to us in a structured, common and machine-readable form. You have the right to transfer this data to another data controller.
  • Right to object: you have the right to object to the processing of your personal data for serious and legitimate reasons. However, please note that you cannot object to the processing of personal data necessary for us to fulfil a legal obligation, the performance of the contract or our legitimate interest, and for as long as this data is necessary for the purposes for which it was collected.
  • Right to withdraw consent: If the processing of personal data is based on prior consent, you have the right to withdraw this consent. These personal data will then only continue to be processed if we have another legal basis for doing so.
  • Automated decisions and profiling: we confirm that the processing of your personal data will not subject you to fully automated decisions.

You may exercise the aforementioned rights by contacting the controller. The contact person for this purpose is: Mr Peter Bertels: .hello@circl.be

We make every effort to handle your personal data in a careful and legitimate manner in accordance with the applicable regulations. If, nevertheless, you consider that your rights would have been violated and your concerns would not be addressed with the controller, you are free to lodge a complaint with:

Commission for the Protection of Privacy
Rue du Printing Press 35, 1000 Brussels
Telephone: 02 274 48 00
E-mail: commission@privacycommission.be

You can additionally apply to a court if you believe that you would suffer damages as a result of the processing of your personal data.

9.        Transfer to third parties

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, as well as by the government (e.g. in the case of the 30bis declaration of works, the electronic attendance registration or competition for public contracts).

It is possible that one or more of the above-mentioned 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 above-mentioned service providers or institutions and the specialised service providers appointed by them must respect the confidential nature of your personal data and may only use these data for the purposes in the context of which they were provided.

If necessary, your personal data may be passed on to other third parties. This may be the case, for example, if we were to be reorganised in whole or in part, if our activities were to be transferred or if we were to be declared bankrupt. Personal data may also have to be transferred pursuant to a court order or to comply with a certain legal obligation. In such a case, we will make reasonable efforts to inform you in advance of such communication to other third parties. However, you will recognise and understand that in certain circumstances this may not always be technically or commercially feasible or legal restrictions may apply.

Under no circumstances will we sell or commercially make your personal data available to direct marketing agencies or similar service providers, except with your prior consent.

10.     Technical and organisational measures

We take the necessary technical and organisational measures to process your personal data according to an adequate level of security and protect it against destruction, loss, falsification, modification, unauthorised access or notification by mistake to third parties, as well as any other unauthorised processing of this data.

Under no circumstances can the controller be held liable for any direct or indirect damage resulting from an erroneous or unlawful use by a third party of the personal data.

11.       Third-party access

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 making contractual obligations opposable to these employees, associates and appointees, which are similar to these Terms and Conditions.

12.      Further questions

If, after reading these Conditions, you have further questions or comments regarding the collection and processing of your personal data or the use of the Website, you may contact CIRCL nv either by mail to 2440 Geel, Lammerdries 12 or by e-mail to .hello@circl.be

13.      Belgian law

Your access, visit or use of the Website and these Terms and Conditions are governed by Belgian law. In case of dispute, only the courts of CIRCL's registered office have jurisdiction.