Privacy Policy of OM Belgium

We are delighted that you have shown interest in our organisation. Data protection is of a particularly high priority for the management of OM Belgium. The use of the Internet pages of OM Belgium is possible without any indication of personal data; however, if a user wants to use our services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the user.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a user shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to OM Belgium. By means of this data protection declaration, our organisation would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, users are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, OM Belgium has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every user is free to transfer personal data to us via alternative means, e.g. by telephone. 

Our Promise

OM Belgium is committed to respecting your privacy and ensuring the personal information you have entrusted to us is processed in accordance with the Data Protection Act 1998 and the Privacy & Electronic Communications Regulations 2003.

These laws will be updated in May 2018 to strengthen your rights and give you control over the personal information that organisations hold about you.

1. Definitions

The data protection declaration of OM Belgium is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, among other things, the following terms:

  • a)    Personal data

Personal data means any information relating to an identified or identifiable natural person (“user”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • b) User

User is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

  • c)    Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 

  • d)    Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. 

  • e)    Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. 

  • f)     Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific user without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. 

  • g)    Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. 

  • h)    Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. 

  • i)      Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. 

  • j)      Third party

Third party is a natural or legal person, public authority, agency or body other than the user, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • k)    Consent

Consent of the user is any freely given, specific, informed and unambiguous indication of the user's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. 

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

OM Belgium

Fabrieksstraat 63

1930 Zaventem

Belgium

Phone: +32 (0)2 720 70 25

Email: info.be@om.org

Website: www.om.org/be

3. Contact details for Data Protection Officer are as follows:

Email: dpo.be@om.org

Phone: +32 (0)2 704 47 34

Mail:

OM Belgium

Data Protection Officer

Fabrieksstraat 63

1930 Zaventem

Belgium

Any user may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

4. Collection of general data and information

The website of OM Belgium collects a series of general data and information when a user or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, OM Belgium does not draw any conclusions about the user. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, OM Belgium analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our organisation, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a user.

5. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the user only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

6. Rights of the user

  • a) Right of confirmation

Each user shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a user wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

  • b) Right of access

Each user shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the user access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the user, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the user, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the user.

Furthermore, the user shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the user shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a user wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

  • c) Right to rectification 

Each user shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the user shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a user wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

  • d) Right to erasure (Right to be forgotten) 

Each user shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: 

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The user withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The user objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the user objects to the processing pursuant to Article 21(2) of the GDPR. 
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a user wishes to request the erasure of personal data stored by OM Belgium, he or she may, at any time, contact any employee of the controller. An employee of OM Belgium shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the user has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of OM Belgium will arrange the necessary measures in individual cases.

  • e) Right of restriction of processing

Each user shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the user, for a period enabling the controller to verify the accuracy of the personal data. 
  • The processing is unlawful and the user opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the user for the establishment, exercise or defence of legal claims.
  • The user has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the user.

If one of the aforementioned conditions is met, and a user wishes to request the restriction of the processing of personal data stored by OM Belgium, he or she may at any time contact any employee of the controller. The employee of OM Belgium will arrange the restriction of the processing. 

  • f) Right to data portability

Each user shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the user shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the user may at any time contact any employee of OM Belgium.

  • g) Right to object

Each user shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

OM Belgium shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the user, or for the establishment, exercise or defence of legal claims.

If OM Belgium processes personal data for direct marketing purposes, the user shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the user objects to OM Belgium to the processing for direct marketing purposes, OM Belgium will no longer process the personal data for these purposes.

In addition, the user has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by OM Belgium for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the user may contact any employee of OM Belgium. In addition, the user is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

Each user shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the user and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the user's rights and freedoms and legitimate interests, or (3) is not based on the user's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the user and a data controller, or (2) it is based on the user's explicit consent, OM Belgium shall implement suitable measures to safeguard the user's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the user wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of OM Belgium.

  • i) Right to withdraw data protection consent 

Each user shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. 

If the user wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of OM Belgium.

7. Data protection provisions about the application and use of Google Analytics (with anonymization function)

On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, among other things, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the user is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, among other things, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the user. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the user will automatically submit data through the Google Analytics component. During the course of this technical procedure, Google gains knowledge of personal information, such as the IP address of the user, which serves Google, among other things, to understand the origin of visitors and clicks.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the user. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the user, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The user may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the user. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the user has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the user must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the user is later deleted, formatted, or newly installed, then the user must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the user or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

8. Data protection provisions about the application and use of Vimeo

On this website, the controller has integrated components of Vimeo. Vimeo is an Internet video portal that enables video publishers to set video clips and other users free of charge. Vimeo allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.

The operating company of Vimeo is Vimeo, Inc, 555 West 18th Street, New York, New York 10011, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Vimeo component (Vimeo video) was integrated, the Internet browser on the information technology system of the user is automatically prompted to download a display of the corresponding Vimeo component. Further information about Vimeo may be obtained under https://vimeo.com/about/. During the course of this technical procedure, Vimeo gains knowledge of what specific sub-page of our website was visited by the user.

Vimeo's data protection provisions, available at https://vimeo.com/intl/privacy provides information about the collection, processing and use of personal data by Vimeo.

9. Legal basis for the processing 

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the user is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our organisation subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the user or of another natural person. This would be the case, for example, if a visitor were injured in our organisation and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our organisation or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the user which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the user is a client of the controller (Recital 47 Sentence 2 GDPR).

10. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

11. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

12. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the user to provide the personal data; possible consequences of failure to provide such data 

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the user provides us with personal data, which must subsequently be processed by us. The user is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the user could not be concluded. Before personal data is provided by the user, the user must contact any employee. The employee clarifies to the user whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

13. Existence of automated decision-making

As a responsible organisation, we do not use automatic decision-making or profiling.

14. Changes to this Data Privacy Policy

OM Belgium will review this privacy notice regularly and may update it at any time for example, in the event of changes in law or how we operate. Please do check our website from time to time. If there are any significant changes in the way we process your personal information, we will provide a prominent notice on our website or send you a notification.