- Flanders Make is the strategic research centre for the manufacturing industry. From its offices across Flanders, it stimulates open innovation through high-quality research. The aim of Flanders Make is to develop a top-level research network in Flanders in which manufacturing companies are fully supported in their innovation strategies. In this way Flanders Make contributes to new products and processes to produce the vehicles, machines and factories of the future.
- Flanders Make acts as the controller of your personal data that it obtains when you provide your personal data or when you provide personal data regarding other data subjects on your behalf (e.g. through participation in an event, registration for receiving a newsletter, via e-mail or personal contact) (“Personal Data”).
2. Legal framework
- the Belgian Data Protection Act of 8 December 1992 on the protection of privacy with regard to the processing of Personal Data;
- Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation);
- all other applicable legislation regarding the protection of privacy and the processing of personal data.
(together or separately, the “Privacy Legislation”).
- execute its activities, as described in article 1.2 (including entering into and executing contracts for this);
- ensuring the optimal functioning of the website;
- create a client and supplier file and to obtain more information hereof;
- market research;
- help improve its products and services;
- provide direct marketing regarding its activities such as promotions, updates, specific campaigns and services, newsletters, info brochures, e-mails, invitations to events, marketing material and other information that may be useful to you;
- better understand your needs and preferences in order to adjust its services hereto;
- the transfer to sub-contractors and contract parties of Flanders Make for the execution of the aforementioned points;
- comply with applicable regulations;
(together or separately the “Purpose”).
4. Legal ground and applicability
- Flanders Make has the following legal grounds for the processing of Personal Data
- the contract you have entered into with Flanders Make;
- the free, specific, informed and unambiguous consent, from you or provided through you on behalf of the other data subject concerned to Flanders Make, its partners (e.g. subcontractors or contracting parties) to process Personal Data. Such consent can be given by any means, such as but not limited to letter, e-mail, online or offline consent form, a membership, or orally;
- a legal obligation; and/or
- a legitimate interest of Flanders Make.
5. Personal Data
- Flanders Make can request, collect and process all Personal Data that:
- is gathered during or in the light of one of Flanders Make’s activities as set out in article 1.2.
6. Visual material
- Flanders Make can make use of visual material (such as photographs, videos, etc.) of persons in the context of its activities as set out in Article 1.2. You are aware that images of you or of the persons whose Personal Data you have provided can be taken at Flanders Make or at the events organised by it, such as workshops, seminars, on-site…
Flanders Make may use the visual material referred to in article 6.1 in the context of the activities referred to in article 1.2:
- use for internal purposes (and sharing this via internal communication systems such as e-mail) and storing this on a server accessible to Flanders Make (either that of Flanders Make or of its ICT provider);
- use for external purposes such as sharing (e.g. via e-mail or on social media) for promotional purposes, direct marketing purposes, reporting to customers, publishing on the Flanders Make website, use in presentations, social media, or communicated to third parties…
7. Transfer of Personal Data to third parties
- Flanders Make can rely on subcontractors or partners to perform certain processing activities (e.g. hosting the website, other ICT purposes, etc.). Flanders Make enters into processing agreements with those third parties that can have access to your Personal Data.
- Flanders Make guarantees that it does not transfer Personal Data to other third parties other than those listed in article 7.1, unless:
- there is a legal obligation to transfer Personal Data;
- Flanders Make has a legitimate interest to do so.
- Third parties to whom Flanders Make may, or is obliged to, transfer Personal Data on the basis of the above categories ,can be located within or outside the European Union. The Personal Data may thus be transferred to companies or authorities of non-EU countries. Flanders Make cannot be held responsible regarding the transfer of Personal Data and cannot be liable for the further processing of the Personal Data by such third parties, other than Flanders Make’s processors .
8. Representations and guarantees
- You guarantee that you are entitled (on behalf of the data subject concerned) to pass on his/her Personal Data to Flanders Make, e.g. from you, your employees, consultants, partners… You hereby warrant, as far as necessary, to have obtained the necessary consents for the abovementioned transfer and you shall indemnify and hold Flanders Make harmless for any claim in this respect.
You are aware that any violation of this provision will be considered a serious breach.
Flanders Make stores and uses the Personal Data for as long as necessary to achieve the Purpose and minimum during the term as provided for in the applicable legislation, and in any event at least 5 years after the end of the agreement. When the Purpose is accomplished, it will erase the Personal Data.
- The Privacy Legislation provides the data subjects with a number of rights regarding their Personal Data. Everybody has the right, free of charge:
- to have access to and receive a copy of his/her Personal Data;
- to have his/her Personal Data corrected in case of errors;
- to have his/her Personal Data erased in case:
- Personal Data are no longer necessary to achieve the Purpose;
- he/she withdraws his/her consent and there is no other legal ground for the processing of Personal Data;
- he/she objects to the processing his/her Personal Data and there is no other legal ground for the processing of his/her Personal Data;
- his/her Personal Data have been unlawfully processed;
- there is a legal obligation to erase his/her Personal Data;
- to have the processing of his/her Personal Data restricted;
- to request that his/her Personal Data are transferred to a third party;
- to object against the processing of his/her Personal Data, in particular in relation to direct marketing. You can at any time, free of charge object against the processing of your Personal Data for direct marketing purposes. This means amongst others that you can subscribe from newsletters, commercial or promotional mailings or personalized ads and that Flanders Make can no longer send these to you.
- to withdraw his/her consent pursuant to which Flanders Make is allowed to process Personal Data, after the agreement with you has come to an end;
- to file a complaint with the Data protection agency in case you are of the opinion that the processing of its Personal Data is contrary to the Privacy Legislation.
- In case you want to exercise the above rights, you can send a written, dated and signed request with proof of identity (front of identity card), by ordinary mail to Flanders Make VZW, Oude Diestersebaan 133, 3920 Lommel or by e-mail to GDPR@flandersmake.be.
- Please note that the Privacy legislation may impose conditions on exercising any of the above rights.
11. Storage and security
- The Personal Data are stored by Flanders Make or, if applicable, by its ICT provider, located in the EU.
- Flanders Make commits to take (or have) all reasonable measures (taken) to its best ability to safeguard the protection of the Personal Data through technical safety measures and an appropriate safety policy from destruction, modification or unauthorised processing.
- You acknowledge and accept that the transfer and storage of Personal Data is never without risk and consequently, Flanders Make cannot be held liable for the damages that you may suffer as a result of the unlawful use of your Personal Data by third parties, other than Flanders Make.
- If you are aware of any data leakage, you must immediately and no later than 2 hours inform Flanders Make hereof by telephone or e-mail (to the attention of Linda Corstjens, Flanders Make CMO) at GDPR@flandresmake.be.
- Flanders Make can solely be held liable for damages which directly result from the processing of Personal Data due to a fault or negligence of Flanders Make. In any event, Flanders Make cannot be held liable: (i) in circumstances of force majeure, (ii) for any indirect or consequential damage, and/or (iii) for damages that result from errors, faults or negligence by you or third parties, other than Flanders Make’s processors.
14. Applicable law and competent court
- You agree that all disputes between you and Flanders Make regarding Personal Data and privacy issues are exclusively subject to Belgian law, excluding any conflict-of-law principles.
- Every dispute regarding Personal Data and privacy issues should be submitted to the exclusive jurisdiction of the courts of First Instance of Antwerp, division Hasselt, Belgium, excluding any other court.
Published on 6 August 2018