SUBJECT

This Charter is established by NOPACITY located at avenue octave michot,12 1640 Rhode saint genèse registered with the Banque Carrefour des entreprises under number: 0654 883 226 (hereinafter referred to as “the data controller”). The purpose of this Charter is to inform visitors to the website hosted at https://www.subsidea.be (hereinafter referred to as the “Website”) of the manner in which data is collected and processed by the data controller. This Charter is part of the data controller’s desire to act transparently, in compliance with the Law of December 8, 1992 on the protection of privacy with regard to the processing of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “General Data Protection Regulation”). The data controller pays particular attention to protecting the privacy of its users and therefore undertakes to take the reasonable precautions required to protect the personal data collected against loss, theft, disclosure or unauthorized use. If the user wishes to react to any of the practices described below, he/she may contact the data controller at the postal address or e-mail address specified in the “contact details” section of this Charter.

CONSENT

By accessing and using the website, the user declares that he/she has read the information described below, accepts the present Charter and expressly consents to the data controller collecting and processing, in accordance with the methods and principles described in the present Charter, his/her personal data that he/she communicates via the website and/or on the occasion of the services offered on the website, for the purposes indicated below. The user has the right to withdraw consent at any time. Withdrawal of consent does not compromise the lawfulness of processing based on consent previously given.

WHAT DATA DO WE COLLECT?

By visiting and using the website, the user expressly consents to the data controller collecting and processing the following personal data in accordance with the methods and principles described below:

its domain (automatically detected by the controller’s server), including the dynamic IP address ;
his/her e-mail address if the user has previously disclosed it, for example by sending messages or questions to the website, by communicating with the data controller by e-mail, by participating in discussion forums, by accessing the restricted part of the website by means of identification, etc. ;
all the information concerning the pages that the user has consulted on the website;
any information that the user has given voluntarily, for example in the context of information surveys and/or registrations on the website, or by accessing the restricted part of the website by means of identification (access to his/her personal account).

The data controller may also collect non-personal data. This data is non-personal because it does not directly or indirectly identify a specific individual. They may then be used for any purpose whatsoever, for example to improve the website, the products and services offered or the advertising of the data controller. Where non-personal data is combined with personal data in such a way that it is possible to identify the persons concerned, such data will be treated as personal data until it is impossible to link it to a specific person.

COLLECTION METHODS

A cookie is a small text file sent to your browser and stored on the hard disk of your terminal (PC, laptop or smartphone, …) when you visit a website, such as your choice of language. As manager of the www.subsidea.be website, Subsidea uses different types of cookies, which are detailed in the table below.

FUNCTIONAL COOKIES

Functional cookies enable the website to store information that has already been provided and to offer you personalized enhanced functionalities. For example, they allow you to retain the language of your choice.
These cookies cannot be deactivated.

ANALYTICS COOKIES

The website uses “Google Analytics” for analytical purposes. This analysis tool enables us to quantify visits (traffic) to the website, in particular to find out how many times a given page has been read. We use this information solely to improve the content and communication of our website.
These cookies will only be placed on your terminal if you have given your prior consent.

COOKIES SCRIPT

Script cookies” are external scripts/libraries that the site uses to call up elements such as google fonts or google maps.
These cookies will only be placed on your terminal if you have given your prior consent.

LIST OF COOKIES

The www.subsidea.be website uses the following cookies:

_privacy_session
Type and source: Functional cookie
Shelf life: 1 year
Content: Visitor’s language
Objective: Save the visitor’s language for future visits

_privacy_gtracking
Type and origin: Analytics cookie (Google Analytics)
Shelf life: 24 hours
Content: Character sequence
Objective: Analyze site traffic

_privacy_gfonts
Type and origin: Cookie Script (Google Fonts)
Shelf life: 24 hours
Content: External script
Objective: Appellation font

PROCESSING PURPOSES

Personal data is collected and processed solely for the purposes mentioned below:

manage and control the execution of the services offered;
dispatch and follow-up of orders and invoices ;
sending promotional information on the products and services of the controller ;
sending free samples or offering services on preferential terms;
answer user questions ;
statistics ;
to improve the quality of the website and the products and/or services offered by the data controller;
send information on new products and/or services of the controller;
for direct marketing purposes;
enable better identification of the user’s centers of interest.

The data controller may carry out processing operations that are not yet provided for in the present Charter. In this case, the data controller will contact the user before re-using his or her personal data, to inform him or her of the changes and give him or her the opportunity, where appropriate, to refuse re-use.

SHELF LIFE

The data controller keeps personal data only for as long as is reasonably necessary for the purposes for which it is to be used and in accordance with legal and regulatory requirements. A customer’s personal data is kept for a maximum of 3 years after the end of the contractual relationship between the customer and the data controller. Shorter retention periods apply to certain categories of data, such as traffic data, which is only kept for 12 months. Once the retention period has expired, the data controller makes every effort to ensure that the personal data has been made unavailable.

DATA ACCESS AND COPYING

By means of a written, dated and signed request sent to the data controller at the address given in the “contact details” section of this Charter, the user may, after providing proof of identity (a copy of identity card is required), obtain, free of charge, written communication or a copy of the personal data concerning him/her that has been collected. The data controller may charge a reasonable fee based on administrative costs for any additional copies requested by the user. Where the user submits this request electronically, the information is provided in a commonly used electronic form, unless the user requests otherwise. The user will be sent a copy of his or her data no later than one month after receipt of the request.

RIGHT OF RECTIFICATION

By means of a written, dated and signed request sent to the data controller at the address referred to in the “contact details” section of this Charter, the user may, after providing proof of identity (by enclosing a copy of identity card), obtain free of charge, as soon as possible and at the latest within a period of one month, the rectification of any personal data that may be inaccurate, incomplete or irrelevant, as well as the completion of such data if it proves to be incomplete.

the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail (in particular where the data subject is a child).

The data controller may refuse to implement the user’s right to object if it establishes the existence of compelling and legitimate reasons justifying the processing, which override the interests or rights and freedoms of the user, or for the establishment, exercise or defense of legal claims. In the event of a dispute, the user may lodge a complaint in accordance with the “Complaints” section of this Charter. By means of a written, dated and signed request sent to the data controller at the address referred to in the “contact details” section of this Charter, the user may, at any time and after providing proof of identity (by enclosing a copy of identity card), object, without justification and free of charge, to the processing of personal data concerning him/her when his/her data is collected for direct marketing purposes (including profiling). Where personal data is processed for scientific or historical research or statistical purposes in accordance with the General Data Protection Regulation, the user has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her, unless the processing is necessary for the performance of a task in the public interest. The data controller is obliged to reply to the user’s request as soon as possible, and within one month at the latest, and to give reasons if it intends not to comply with such a request.

RIGHT TO RESTRICT PROCESSING

By means of a written, dated and signed request sent to the data controller at the address referred to in the “contact details” section of this Charter, the user may, after providing proof of identity (a copy of identity card is required), obtain a restriction on the processing of his/her personal data in the cases listed below:

when the user contests the accuracy of a piece of data, and only for as long as it takes the data controller to check it;
when the processing is unlawful and the user prefers limitation of processing to erasure;
when, although no longer necessary for the purposes of the processing, the user needs it for the establishment, exercise or defense of his legal rights;
for the time required to examine the validity of a request for opposition made by the user, in other words for the time required for the controller to check the balance of interests between the legitimate interests of the controller and those of the user.

The data controller will inform the user when the processing restriction is lifted.

RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)

By means of a written, dated and signed request sent to the data controller at the address referred to in the “contact data” section of this Charter, the user may, after providing proof of identity (by enjoining a copy of the identity card), obtain the deletion of personal data concerning him/her, when one of the following reasons applies:

the data are no longer necessary for the purposes of the processing ;
the user has withdrawn his consent to the processing of his data and there is no other legal basis for the processing;
the user objects to the processing and there is no compelling legitimate reason for the processing and/or the user exercises his/her specific right to object to direct marketing (including profiling);
personal data has been processed unlawfully ;
personal data must be erased in order to comply with a legal obligation (under Union or Member State law) to which the data controller is subject;
personal data have been collected in the context of offering information society services to children.

However, data deletion is not applicable in the following 5 cases:

when processing is necessary for the exercise of the right to freedom of expression and information;
when the processing is necessary for compliance with a legal obligation requiring processing under Union law or the law of the Member State to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
when processing is necessary for reasons of public interest in the field of public health;
when processing is necessary for archival purposes in the public interest, for scientific or historical research or for statistical purposes, and insofar as the right to erasure is likely to render impossible or seriously compromise the achievement of the purposes of the processing in question;
when processing is necessary for the establishment, exercise or defense of legal claims.

The data controller is obliged to reply to the user’s request as soon as possible, and within one month at the latest, and to give reasons if it intends not to comply with such a request. The user also has the right, under the same conditions, to obtain, free of charge, the deletion or prohibition of use of any personal data concerning him or her which, taking into account the purpose of the processing, is incomplete or irrelevant, or the recording, communication or storage of which is prohibited, or which has been stored beyond the necessary and authorized period.

RIGHT TO DATA PORTABILITY

By means of a written, dated and signed request sent to the data controller at the address referred to in the “contact details” section of this Charter and after having provided proof of identity (by enclosing a legible copy of the identity card), the user may, at any time, request to receive, free of charge, his/her personal data in a structured, commonly used and machine-readable format, in particular with a view to transmitting them to another data controller, when :

data processing is carried out using automated processes;
processing is based on the user’s consent or on a contract between the user and the data controller.

Under the same conditions and according to the same procedures, the user has the right to obtain from the data controller that personal data concerning him be transmitted directly to another data controller, insofar as this is technically possible. The right to data portability does not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

DATA RECIPIENTS AND DISCLOSURE TO THIRD PARTIES

The recipients of the data collected and processed are, in addition to the data controller itself, its employees or other subcontractors, its carefully selected commercial partners, located in Belgium or in the European Union, who collaborate with the data controller in the context of the marketing of products or the provision of services. In the event that data is disclosed to third parties for direct marketing or canvassing purposes, the user will be informed in advance so that he/she can choose whether or not to accept this processing of his/her data by third parties. By means of a written, dated and signed request sent to the data controller at the address given in the “contact details” section of this Charter, the user may, at any time and after providing proof of identity (by enclosing a copy of his or her identity card), object free of charge to the transmission of his or her data to third parties. The data controller complies with the legal and regulatory provisions in force and will ensure in all cases that its partners, employees, subcontractors or other third parties with access to personal data comply with this Charter. The data controller reserves the right to disclose the user’s personal data in the event that a law, legal proceedings or an order from a public authority makes such disclosure necessary. No personal data is transferred outside the European Union.

USE AND MANAGEMENT OF COOKIES

General principles
This article provides information about the use of cookies on the website. This cookie policy applies to the website. These are managed by the data controller. The website uses cookies to make browsing more useful and reliable. Some of these cookies are essential to the operation of the website, while others are used to improve the user experience. Most web browsers are configured to accept cookies automatically. If the user wishes to personalize their management, they must modify their browser settings. Further information on this subject can be found in the “Cookie management” section of this document. By visiting and using the website, the user expressly agrees to the cookie management described below.

Cookie definition
A “cookie” is a data or text file that a website’s server temporarily or permanently stores on the user’s equipment (computer hard disk, tablet, smartphone, or any other similar device) via the user’s browser. Cookies may also be installed by third parties with whom the data controller collaborates. Cookies retain a certain amount of information, such as visitors’ language preferences or the contents of their shopping baskets. Other cookies collect statistics about website users, or ensure that graphics appear correctly and applications work properly on the website. Still others adapt the content and/or advertising of a website to the user.

Use of cookies on the website
The website uses different types of cookies:
Essential or technical cookies: these are cookies that are essential for the operation of the website, enabling good communication and facilitating browsing.
Statistical or analytical cookies: these allow us to recognize and count the number of visitors to our website, and to monitor their browsing behavior. This improves user navigation and makes it easier for them to find what they’re looking for;
Functional cookies: these are used to activate specific functionalities on the website in order to improve user-friendliness and experience, notably by remembering the user’s choice of preferences (e.g. language);
Performance cookies: these collect information about how visitors use the website. They make it possible to evaluate and improve the content and performance of the website (for example by counting the number of visitors, identifying the most popular pages or clicks), and to better match commercial proposals to the user’s personal preferences;
Advertising or commercial cookies: these are files designed to collect data relating to the profile of visitors and likely to be installed or read by third parties with whom the controller collaborates in order to measure the effectiveness of an advertisement or a web page and better adapt it to the user’s interests;
Tracking cookies: the website uses tracking cookies via Google Analytics, with the aim of helping the controller to measure the ways in which users interact with the content of the website, and which generates visit statistics on a strictly anonymous basis. These statistics enable us to continually improve the website and offer users relevant content. The controller uses Google Analytics to gain an overview of website traffic, the origin of this traffic and the pages visited. This means that Google acts as a subcontractor. The information collected by Google Analytics is generated as anonymously as possible. For example, it is not possible to identify the people who visit the website. For further information, the user is invited to consult Google’s data protection policy, available at the following address HTTPS://WWW.GOOGLE.COM/INTL/EN/POLICIES/PRIVACY/
Use of sharing tools: Our website uses some social media tools in the form of sharing buttons that make it easy for visitors to share information with their friends on certain social networks. It is therefore possible that, when visiting a page on which such a plug-in is included, you may be confronted with cookies from these websites. These sites are not managed by Makeda Consulting. By using these links, you agree to the privacy policies of these sites. These sites may also set a cookie if you are connected to their services. In this way, they can also collect data in order to show you, on other sites, advertisements that they consider relevant to your interests.

The data controller may also use cookies and tags to collect information about users’ surfing habits on the various websites and applications belonging to its advertising network. A beacon is an invisible image file that tracks the user’s navigation on one or more websites/applications. In addition, other commercial cookies may be installed by advertisers when their ads are displayed. Commercial cookies do not contain personal data. Information collected using commercial cookies and beacons is used to measure advertising effectiveness and better personalize advertising on the website and on other websites belonging to the advertising network or for which the controller provides advertising services. The retention period for cookies varies according to their type: essential cookies are generally retained until the browser is closed, while functional cookies remain valid for 1 year and performance cookies for 4 years. The data controller authorizes public search engines to visit the website via ‘spiders’ for the sole purpose of making access and content of the website accessible via their search engines, without the data controller granting the right to archive the website. The data controller reserves the right to withdraw the authorization given in this article at any time. To make offers likely to interest the user, the data controller may enter into agreements with Internet advertising agencies. They have been authorized by the data controller to place advertisements on the website. When the user visits the website, advertising agencies may also collect information.

COOKIE MANAGEMENT

Most browsers are configured to accept cookies automatically, but all allow you to customize the settings according to your preferences. If you do not wish the website to place cookies on your computer/mobile device, you can easily manage or delete them by modifying your browser settings. Users can also set their browser to notify them when they receive a cookie, enabling them to decide whether or not to accept it. If users wish to block and/or manage certain cookies, they can do so by following the link provided in their browser:

Internet Explorer: HTTP://WINDOWS.MICROSOFT.COM/EN-US/WINDOWS-VISTA/BLOCK-OR-ALLOW-COOKIES
Chrome: HTTPS://SUPPORT.GOOGLE.COM/ACCOUNTS/ANSWER/61416?HL=EN
Firefox: HTTPS://SUPPORT.MOZILLA.ORG/EN-US/KB/ENABLE-AND-DISABLE-COOKIES-WEBSITE-PREFERENCES
Safari: HTTP://SUPPORT.APPLE.COM/KB/PH5042

If the user does not wish to accept cookies from Google Analytics, he/she can indicate this via the message concerning cookies that appears on his/her first visit to the website, or by customizing the settings of his/her browser so that it refuses cookies. To stop being tracked by Google Analytics on any website, the user is invited to visit the following website: http://tools.google.com/dlpage/gaoptout. Should the user deactivate certain cookies, it is possible that some parts of the website may not be available for consultation and/or use, or may only be partially available.

SAFETY

The data controller implements the appropriate technical and organizational measures to guarantee a level of security for the processing and data collected that is appropriate to the risks presented by the processing and the nature of the data to be protected. It takes into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the risks to users’ rights and freedoms. The data controller always uses encryption technologies that are recognized as industry standards within the IT sector when transferring or receiving data on the website. The data controller has implemented appropriate security measures to protect and prevent the loss, misuse or alteration of information received via the website.

COMMUNICATIONS BY POST, E-MAIL OR TELEPHONE

Communication by post.
If the user communicates his/her postal address to the controller via the website, his/her data will be recorded in the controller’s address file in order to respond to his/her request and to keep him/her informed of the products and services offered by the controller. Unless the user objects, the data controller may also communicate the user’s data to third parties (such as groups of companies and business partners) for direct marketing purposes. If the user does not wish his/her data to be used for direct marketing purposes, he/she can indicate this when registering on the website. Users may at any time consult, correct or delete their data from the data controller’s file. To do so, he/she should contact the data controller at the address given in the “contact details” section of this Charter, remembering to state his/her exact name and address (spelt correctly). The data controller undertakes to remove its data from the list it shares with other companies or organizations.

Telephone communication.
If the user provides the data controller with his/her telephone number via the website, he/she may receive a telephone call:

of the data controller in order to communicate information about its products, services or upcoming events;
groups of companies and business partners with which the data controller has a contractual relationship.

If the user does not wish to receive or no longer wishes to receive such telephone calls, he/she may contact the data controller at the address given in the “contact details” section of this Charter, remembering to state his/her exact name and address (spelt correctly). The data controller undertakes to remove its data from the list it shares with other companies or organizations. If the user communicates his/her mobile phone number to the controller via the website, he/she will only receive messages (SMS/MMS) from the controller that are necessary to answer his/her questions or inform him/her about his/her online orders.

Communication via e-mail.
If the user communicates his/her e-mail address to the data controller via the website, he/she may receive :

e-mails from the controller in order to communicate information about its products, services or upcoming events (for direct marketing purposes), provided that the user has expressly consented to this or that he/she is already a customer of the controller and has communicated his/her e-mail address to the controller;
e-mails from groups of companies and companies/organizations to which the data controller has a contractual relationship, for direct marketing purposes, insofar as the user has explicitly consented to this.

If the user does not wish to receive or no longer wishes to receive such e-mails, he/she may contact the data controller at the address given in the “contact details” section of this Charter, remembering to state his/her exact name and address (spelt correctly). The data controller undertakes to remove its contact details from the list it shares with other companies or organizations.

CLAIMS AND COMPLAINTS

The user may lodge a complaint with the Belgian Commission for the Protection of Privacy at the following address:

Commission pour la Protection de la Vie Privée, Rue de la Presse, 35, 1000 Brussels
Tel. +32 2 274 48 00 – Fax. +32 2 274 48 35
commission@privacycommission.be

Users may also lodge a complaint with their local court of first instance. For further information on complaints and possible means of redress, the user is invited to consult the following address of the Belgian Commission for the Protection of Privacy: https://www.privacycommission.be/fr/plainte-et-recours

DATA PROTECTION OFFICER

The Data Protection Officer for the data controller is: Alain Hemelinckx.

CONTACT DATA

For any questions and/or complaints, in particular concerning the clarity and accessibility of this Charter, the user may contact the data controller :

By email: info@subsidea.be
By post: avenue Octave Michot, 12 – 1640 Rhode Saint Genèse
APPLICABLE LAW AND JURISDICTION

The present Charter is governed by Belgian law. Any dispute relating to the interpretation or execution of this Charter shall be governed by Belgian law and shall fall within the exclusive jurisdiction of the courts of the judicial district of Brussels.

MISCELLANEOUS PROVISIONS

The data controller reserves the right to modify the provisions of this Charter at any time. Modifications will be published with a warning as to their entry into force.
The current version of the Charter is dated 05/10/2022.