WEBSITE DISCLAIMER AND PRIVACY & COOKIE-POLICY OF DEVAN INTERNATIONAL GROUP NV

Latest update:  25th of May 2018

This Policy regulates the processing of your personal data by Devan International Group NV with registered offices in Klein Frankrijkstraat 8, 9600 Ronse, Belgium and with the following Company number : 0536.765.534  .

And subsidiary companies:

(Hereinafter: “DEVAN GROUP”)

This Policy applies to all our customers (current, former and future) and to all visitors to the DEVAN GROUP website. Please read this Website disclaimer and Privacy Policy carefully, because it contains essential information about the use of the website and how your personal data are processed. By using the website (accessible via the following address: www.devan.net, you declare that you have read this Website disclaimer and Privacy Policy and that you expressly agree to its content as well as to the processing itself.

Limitation of liability

The information on the website is of a general nature. The information is not adapted to personal or specific circumstances, and can therefore not be considered as personal, professional or legal advice to the user.

DEVAN GROUP makes every effort to ensure that the information provided is complete, correct, accurate and up-to-date. Despite these efforts, inaccuracies may occur in the information provided. If the information provided contains inaccuracies or if certain information on or via the site is unavailable, DEVAN GROUP will make every effort to rectify this as quickly as possible. DEVAN cannot be held liable for direct or indirect damage resulting from the use of the information on this site. Changes will always be published on this website prior to their coming into force. We recommend that you regularly consult this Privacy Policy so that you are aware of these changes, since your continued use of this website after placing a change to these terms will mean that you accept such amendments. Notwithstanding the foregoing, we will not make retroactive important changes to our use of your personal data without your permission.

The content of the site (including links) can be adapted, modified or supplemented at any time without notice or notification. DEVAN GROUP gives no guarantees for the proper functioning of the website and can in no way be held liable for a malfunction or temporary (un)availability of the website or for any form of damage, direct or indirect, that would result from the access to or use of the website.

DEVAN GROUP can under no circumstances be held liable in any way whatsoever, direct or indirect, special or otherwise, for damage resulting from the use of this site or of another, in particular as a result of links or hyperlinks, including, without limitation of all losses, work interruptions, damage to programs or other data on the computer system, equipment, software or other of the user.

The website may contain hyperlinks to websites or pages of third parties, or indirectly refer to them. Placing links to these websites or pages in no way implies an implicit approval of their content.

DEVAN GROUP explicitly declares that it has no control over the content or other characteristics of these websites and can in no case be held liable for the contents or the characteristics thereof or for any form of damage resulting from their use.

Applicable law and competent courts.

Belgian law applies to this site. In case of a dispute, only the courts of the district OUDENAARDE are competent.

PRIVACY POLICY

Article 1 – General

1.1
DEVAN GROUP complies with the “Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data”, as amended by the Law of 11 December 1998 as well as the anti-spam provisions of Book XII of the Belgian Code of Economic Law concerning the ” law of the electronic economy “.

1.2

DEVAN GROUP is also compliant with the European Regulation 2016/679 of 27 April 2016 on the protection of personal data. (hereinafter “GDPR”)

1.3

When using this website, the person responsible for the processing of your personal data is DEVAN GROUP. A statement was made to the Commission for the Protection of Privacy regarding the processing of your personal data.

Article 2 – Personal data

2.1

“Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, and 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.

2.2

The personal data that DEVAN GROUP collects and processes, primarily concerns the data that customers enter themselves via the download page of our website(s) or when you contact DEVAN GROUP through one of the company email addresses and also the personal data that DEVAN GROUP obtains through your use of our website(s) and/or our products and/or services.

2.3

DEVAN GROUP may collect anonymous or aggregated data of a non-personal nature, such as browser type or IP address, the operating system you use or the domain name of the website from which you came to the DEVAN GROUP website, or through which you leave it. This makes it possible for us to permanently optimize the DEVAN GROUP website for the users.

Article 3 – Purposes of the processing

DEVAN processes personal data for various purposes, whereby the only data processed is that which is necessary to achieve the intended purpose. You are not obliged to provide us with your Personal Data, but you must understand that the provision of certain services becomes impossible if you refuse the processing.

We use personal data:

–       When we have received permission;

• In the context of the preparation or performance of our contract;
• To comply with the legal or regulatory provisions to which we are subject; and

–       When DEVAN GROUP has a justified interest in this, such as, for example, as the case may be, direct marketing, fraud prevention, internal administration management or monitoring of appropriate network and information security, in which case we always strive for a balance between that interest and respecting the privacy of the person concerned.

3.1. General purposes

Insofar as required, and with permission, DEVAN GROUP collects personal data for the following concrete objectives:

3.1.1 To process an application for our products and services

If you visit our website to collect and/or request information about our products and services for example, then DEVAN GROUP needs your name, company name, email address details… All information that DEVAN GROUP receives about you during this pre-contractual phase will only be used by DEVAN GROUP to provide you with the requested information, in the way that you want. In addition, if you ultimately decide to become a customer at DEVAN GROUP, DEVAN GROUP will ask you for a number of personal details, such as name, address, telephone number, e-mail address and customer number.

3.1.2 To provide the best service and to inform about usage options

DEVAN GROUP uses personal data for setting up, maintaining and supporting products and services, and for administrative purposes. Also for the maintenance and improvement of this Website and the inclusion of Personal Data in anonymous statistics, from which the identity of specific persons or companies cannot be determined, based on the legitimate interests of DEVAN GROUP to continuously improve its Website and services.

3.1.3 To provide information about (new) products and services from DEVAN

DEVAN GROUP may use personal data to offer (in writing, by telephone or electronically) new products, services or special promotions that DEVAN GROUP believes may be of interest of you. Of course, you can request an opt-out for this information, you can find contact details at the end of this Privacy Policy (article 9).

3.1.4 To track performance

DEVAN GROUP may use personal data and consumer profiles to evaluate its products and services. This includes, among other things: requesting feedback on services (for example, via market research), data obtained during answers to customer questions, fraud detection and quality assurance.

3.1.5 To comply with legal obligations

In many cases, DEVAN GROUP is legally obliged to keep certain personal data and/or communicate them to government agencies, for example, in the context of general tax and accounting obligations. In the context of a police or judicial investigation, DEVAN GROUP can be obliged to communicate certain data to the requisite authorities in a confidential manner.

3.2. Transfer to third parties:

DEVAN does not sell personal data to third parties nor is data passed on to third parties unless:

3.2.1 To our legal successors and other companies within the DEVAN GROUP

DEVAN GROUP passes on personal data to any legal successors and subsidiary companies internally for the same purposes as those stated in this Privacy Policy.

3.2.2 This is necessary for our service provision

For some aspects of our products and services, we cooperate with third parties or engage subcontractors. These third parties are always selected very carefully and there is always an agreement between DEVAN GROUP and these third parties in accordance with the applicable legislation. For more information about our sub-contractors, you can always contact us via the contact details at the end of this policy in article 9.

If you purchase from DEVAN GROUP a product or service from a manufacturer or supplier based outside the European Union, it is possible that additional measures are necessary to ensure the security of personal data, such as a certification under the EU-US Privacy Shield and/or a processor agreement with model clauses drawn up by the European Commission.

When a person refuses to have his details passed on, it is possible that some services can no longer be offered by DEVAN GROUP.

3.2.3 There is a legal obligation

For this, DEVAN GROUP refers you to point 3.1.5 of this Privacy Policy.

3.2.4 There is a legitimate interest for DEVAN or the third party concerned

This only happens providing the interests or fundamental rights and freedoms of the person concerned do not override that interest.

3.2.5 DEVAN GROUP has received permission from the person concerned.

If DEVAN GROUP should provide personal data to third parties by other means, this will be done with an explicit communication, in which an explanation about the third party is given, together with the purposes of the transfer and processing. Where required by law, DEVAN GROUP obtains express and unambiguous consent from the data subject. The data subject also always has an option to object (see article 4).

In regard to the international transfer of personal data, DEVAN GROUP protects all personal data in accordance with the level of protection required by European regulations.

In some cases, DEVAN GROUP uses anonymous, aggregated data for commercial purposes or for external reporting. This data can never be traced back to a specific individual.

3.2.6 In the event of full or partial reorganization or transfer of activities of DEVAN GROUP.

In the event of full or partial reorganization or transfer of activities of  DEVAN GROUP, where it reorganizes, transfers, ceases its activities or if DEVAN GROUP goes bankrupt, this may mean that your data will be transferred to new entities or third parties through which the business activities of DEVAN GROUP are wholly or partially carried out, transferred.

DEVAN GROUP will reasonably attempt to inform you in advance of the fact that DEVAN GROUP will disclose your information to the said third parties, but you also acknowledge that this is not always technically or commercially feasible under all circumstances.

DEVAN GROUP will not sell your Personal Data, nor rent, distribute or otherwise make commercially available to third parties, except as described above or with your prior consent.

3.3. Legal requirements:

In rare cases, DEVAN GROUP may have to disclose your Personal Data pursuant to a court order or to comply with other mandatory laws or regulations. DEVAN GROUP will reasonably attempt to inform you in advance in this respect, unless this is subject to legal restrictions.

Article 4 – Duration of processing and retention periods of documents

The personal data is stored and processed by us for a period that is necessary depending of the

Purpose of the processing you find in article 3 and in function of any contractual relationship between DEVAN GROUP and You.

The retention period can therefore differ for each purpose, for example to meet legal obligations (e.g. to meet our accounting and fiscal obligations, DEVAN GROUP is obliged to keep records for up to 7 years) or for the legal necessity to provide certain data as evidence in case of disputes for up to 10 years after termination of your contract. These archived data are, of course, only accessible to a limited extent (e.g. If you do not place an order for 5 years, we will delete your customer profile).

Article 5 – Your rights

You can exercise a number of rights regarding the processing of your personal data with respect to DEVAN GROUP, insofar as you have those rights under the applicable legislation.

You can exercise these rights by using the contact details mentioned under article 9 of this Privacy Policy. DEVAN GROUP will respond to such requests and may or may not comply with such requests in accordance with applicable law and in principle within a period of one (1) month, also in accordance with applicable law.

In order to exercise your rights and to prevent any unauthorized disclosure of your personal data, you must provide us with proof of your identity. We therefor ask that you preferably attach a copy of the front of your identity card to your application. The application can be sent using the details mentioned under article 9 of this Privacy Policy.

If you consider it necessary, you can also contact, or file a complaint with, the Data Protection Authority

(Belgian Privacy Commission): Commission for the Protection of Privacy, Rue des Presses 35, 1000 Brussels, Tel +32 (0) 2 274 48 00, Fax +32 (0) 2 274 48 35, e-mail: commission@privacycommission.be.

This right is without prejudice of eventual proceedings if you suffer damage as a result of the processing of your personal data, you can submit a claim for compensation with a civil

court.

5.1. Right of access and information and transparency:

You have the right to receive free access to your personal data at any time, as well as to be informed of the use we make of your personal data and you have the right to obtain a copy of these personal data. You can also ask us:

–       Whether we process personal data about you;

• For what purpose we process them;
• Which categories of data we process;
• With which categories of third parties we share your personal data;
• What the origin of the processed data is;

–       What your rights are.

5.2. Right of improvement, deletion and limitation of the processing:

You are free to decide not to communicate your personal data to DEVAN GROUP.

You are entitled to have incomplete, incorrect, inappropriate or outdated personal data corrected or supplemented. In order to keep your data up to date, we request that you notify us of any changes, such as if you move house.

You also have the right, without undue delay, to have your personal data deleted if and insofar as:

–       The personal data are no longer required for the purposes;

• There is no longer a legal ground for the processing;
• You object to the processing, and there are no overriding legitimate grounds for the processing by DEVAN GROUP;
• The personal data have been unlawfully processed; or

–       The personal data must be erased for compliance with a legal obligation that applies to DEVAN GROUP.

DEVAN GROUP will send you a confirmation message after complying with a request for erasure. In the case of partial erasure, DEVAN GROUP will also explain why the request could not be fully met.

Depending on the nature of the request, it is possible that some services can no longer be offered by DEVAN GROUP. DEVAN GROUP is also not always able to erase all requested data, for example, to comply with legal obligations (e.g. in order to meet accounting and fiscal obligations, DEVAN GROUP is required to retain invoicing for a minimum of 7 years).

5.3. Right to object :

You also have a right of opposition to the processing of your personal data based on the legitimate interest of DEVAN GROUP on grounds relating to your particular situation. If you object, DEVAN GROUP will no longer process such personal data unless DEVAN GROUP demonstrates compelling legitimate grounds for the processing that override your interests, rights and freedoms, or for the establishment, exercise of defense of legal claims.

In addition, you always have the right to oppose the use of your personal data for direct marketing

purposes; in such a case you do not have to provide us with reasons for this demand.

5.4. Right of data portability:

You have the right to obtain your Personal Data processed by us in a structured, standard and machine-

readable form and/or ask ss to transfer it to other Data controllers.

5.5. Right of withdrawal of consent:

Insofar as the processing is based on your prior consent, you have the right to withdraw that

permission.

5.6. Exercising your rights:

You can exercise your rights by contacting us for this purpose which you can find in article 9 and always provide us with a copy of your identity card so that we are able to verify that the demand is coming from you.

Article 6 – Security and confidentiality

6.1
We have developed security measures that are adapted on a technical and organizational level in order to avoid the destruction, loss, falsification, modification, unauthorized access or notification by mistake to third parties of personal data collected as well as any other unauthorized processing of the data.

6.2
Under no circumstances can DEVAN GROUP be held liable for any direct or indirect damage resulting from incorrect or unlawful use by a third party of the personal data.

6.3
When visiting our website, you must comply with the safety regulations at all times, for example by preventing any unauthorized access to your login and code. You are therefore solely responsible for the use made of the Website of your computer, IP address and your identification data, as well as for the confidentiality thereof.

6.4

If a data breach should occur with adverse consequences for personal data, the customer is personally notified under the conditions provided for by law.

6.5

The number of DEVAN GROUP employees who have access to personal information is limited and they are carefully selected. These employees are granted access to personal information insofar as they need this information to perform their duties properly.

Article 7 – Access by third parties

7.1

In order to process your personal data, we may grant access to your personal data to our

employees and appointees (including processors or sub-processors).

7.2

We guarantee a similar level of protection by making contractual obligations enforceable against

these employees and appointees such as required by the GDPR.

Article 8 –  Coockies

On our website, use is made of cookies or similar technologies where information on the device is stored and/or read (for ease of reading, all such techniques are called ‘cookie’ here).

9.1 What are cookies?

A “cookie” is a small file sent by the DEVAN GROUP server and placed on the hard drive of your computer. The information stored on these cookies can only be read by us and only for the duration of the visit to the Website.

9.2 Why do we use cookies?

Our Website uses cookies and similar technologies to distinguish your usage preferences from those of other users of our Website. This helps us to provide you with a better user experience when you visit our Website and also allows us to optimize our Website. By continuing to browse the site, you are agreeing to our use of cookies.

As a result of recent legislative changes, all Websites aimed at certain parts of the European Union are required to request your consent for the use or storage of cookies and similar technologies on your computers or mobile devices. This cookie policy gives you clear and complete information about the cookies we use and their purpose.

9.3 What do we collect with cookies?

With the use of all the types of cookies, we collect the following information: IP address, time you visit the website, the type of browser you use, the pages you consult and the files you download. This makes it possible for us to permanently optimize the DEVAN GROUP website for the users.

9.4 Types of cookies

Although there are different types of cookies, distinguished in terms of functionality, origin or storage period, the legislation mainly distinguishes between functional or technically necessary cookies on the one hand and all other cookies on the other.

Functional cookies (f. ex In case of different languages)

The functional cookies (permanent and direct) on the website of Devan Group register the preferences entered by the visitor and recognize the visitor when he visits the website again. The functional cookies have the advantage that the visitor does not have to enter his preferences every time, so that the website is easier to use. You can delete these functional cookies via the settings of the browser. At the bottom you will find how you can do this.

Performance cookies

These cookies collect information about how you use our website. This enables us to identify which parts of our Internet offer are particularly popular and thus improve our offer for you. Please also read the section “Analysis of usage data”.

Cookies for analytical purposes

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies” to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transferred to and stored by Google on servers in the United States. Google uses this information to keep track of how you use the website, to compile reports on website activity for website operators and to offer other services relating to website activity and internet usage. Google may provide this information to third parties if Google is legally obliged to do so, or if these third parties process the information on behalf of Google. Google will not combine your IP address with other data held by Google. You can refuse the use of cookies by choosing the appropriate settings in your browser. However, we would like to point out that in that case you may not be able to use all the features of this website. By using this website you consent to the processing of the information by Google in the manner and for the purposes described above.

If you do not want data about your website visit to be passed on to Google Analytics, you can download and install the Google Analytics Opt-out Browser Add-on ( https://tools.google.com/dlpage/gaoptout?hl=nl )

9.5 Your permission

On your first visit to our Website you will be asked to accept our different types of cookies. By continuing to browse the site, you are agreeing to our use of cookies.

You can refuse the installation of these cookies by choosing “refuse cookies” when using the Website for the first time in the pop-up window.

You can also refuse or block cookies by changing the configuration parameters of your navigation system. Disabling cookies may mean that you cannot use certain features of the Website.

If you have any further questions or comments regarding the processing of your personal data, please contact us, see article 10 – contact details.

9.6 Delete and disable cookies

Most Internet browsers are set up to automatically accept cookies. Via the browser settings on your computer you can, however, delete already placed cookies and refuse the placing of new cookies. The way in which differs per browser. If necessary, consult the help function of your browser. At http://www.youronlinechoices.com you can indicate which companies can and cannot record your surfing behavior.

Article 9 –  Contact details

Questions or requests regarding personal data or this Privacy Policy can be addressed at any time to:

Devan International Group NV

Attn: Data Protection Team

Klein Frankrijkstraat 8, 9600 Ronse, Belgium

Tel.: +32 55 23 01 10

Fax.: +32 55 23 01 19

E-mail: privacy@devan.net