Privacy terms & GDPR
This privacy declaration (hereinafter the “ Declaration ”) is intended to inform all persons (with the exception of employees) whose personal data (hereinafter “ Personal data ”) is processed by EXPONENTIAL INVEST SPRL, whose registered office is located at Chaussée de Marche 496/21 5101 ERPENT (Belgium) and registered with the Crossroads Bank for Enterprises under no. BE 0664.610.841 (hereinafter “ we ” and “ Secundo ”).
1. Purpose of the Declaration
Through this Declaration, we wish to ensure that you :
– are informed of the processing of your Personal data and of your rights ;– retain control over your Personal data that we process ;– are able to exercise your rights with regard to your Personal data.
This Declaration is drawn up in accordance with the provisions of :
– the Belgian Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and,– Regulation 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 (hereinafter “ GDPR ”).
2. Recipients of this Declaration
This Declaration applies to the processing of Personal data concerning :
– our suppliers and/or business partners,– our users and prospects, and– visitors to our website.
Insofar as we may collect and process Personal data of third parties that has been communicated to us by you, we ask you to kindly inform those third parties of the existence of this Declaration so that they may become aware of the processing that we carry out on their Personal data as well as of their rights.
3. Definitions
For the purposes of this Declaration, we have defined the terms below as follows :
Consent : consists of a freely given, specific, informed and unambiguous indication of will by which the data subject (you) accepts, by a statement or by a clear affirmative action, that (your) Personal data concerning them be subject to a particular processing (e.g. : sending you advertising by email).
Personal data (hereinafter “ Personal data ”) : is information relating, directly or indirectly, to a data subject (you). Below you will find the Personal data that we collect and use about you.
Purpose of the processing : is the reason for which the Personal data is processed.
Data subject : is a natural person (you) who can be identified, directly or indirectly, by Personal data, in particular by reference to an identifier such as a name, an identification number, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity.
Data controller : is a natural or legal person who processes Personal data on their own behalf, and, in that capacity, determines the means and purposes of the processing(s).
Processor : is a natural or legal person who processes Personal data on behalf of a data controller.
Processing : consists of an operation or a set of operations applied to Personal data or to a set of Personal data, such as collection, recording, organisation, structuring, consultation, use, communication, storage, adaptation, retrieval, etc.
4. Who are we ?
4. 1. Secundo as data controller
In the course of our activities, Secundo is led to process your Personal data (by collecting it, storing it, etc.) in particular with a view to putting you in contact with our partners. In this respect, we are considered as the data controller of your Personal data. It is we who determine the purposes (the why) and the means (the how) of the processing of your Personal data.
Our partners, for their part, will be considered as data controller when they process your Personal data in the course of their activities.
As data controller, we pay particular attention to the protection of your privacy and we undertake, consequently, to take the reasonable precautions required to protect your Personal data against loss, theft, disclosure or unauthorised use thereof.
However, we reserve the right to disclose your Personal data, in accordance with what is provided above in the Declaration.
You may contact us by the following means :
– email : rgpd@secundo.com– telephone : +32.80.30.64.46– post at the following address : chaussée de Marche 496/21 – 5101 Erpent
4. 2. GDPR contact person
We have also appointed a GDPR contact person.
This contact person has the task of informing you regarding the processing(s) of your Personal data by Secundo as well as regarding the exercise of your rights. They provide advice and ensure proper compliance with the regulations in force, in particular the GDPR.
You may contact the contact person for any question relating to the processing of your Personal data and if you wish to exercise one of the rights described in point 13 of the Declaration.
The GDPR contact person can be contacted by the following means :
– Email : rgpd@secundo.com
– Telephone : +32 81.30.64.46– Postal address : chaussée de Marche 496/21 5101 Erpent
5. What Personal data do we collect about you ?
5.1. Personal data of our users, prospects, partners or third parties contacting Secundo directly
We collect your Personal data (see below) from you. However, it may also be that you transmit to us Personal data relating to the representatives of your company, to your staff, your collaborators and/or independent consultants (hereinafter commonly referred to as “ you ” or “ your”).
If you communicate to us the Personal data of your representatives, your staff, your collaborators and/or your independent consultants, you must inform them of the existence and content of this Declaration.
The Personal data concerns the following data :
– identification data such as surname, first name, gender, etc.,– contact data such as telephone number, email address, postal address, etc.,– any other personal data that you communicate to us voluntarily during our contacts (bank account number, national register number, identity card number, date of birth).
As regards our users, your Personal data may be collected directly from you upon a request via our site or at any event organised by Secundo.
We may also be led to process data concerning you originating from third parties such as the media (immoweb, vlan, logicimmo, …). This is communicated to us only following a request via the forms made available on their respective sites.
5.2. Personal data of visitors to our website
When you visit our website https://fr-be.secundo.com/ , we also collect Personal data concerning you. This is :
– the IP address, and– “ cookies ”.
“ Cookies ” are small files saved on your computer by your browser and which allow us to obtain certain information about your use of our website (e.g. : language choice, duration of your visit on the page, preferences, etc.). They make it possible in particular to facilitate navigation on our site (through the use of so-called necessary cookies) but also to better adapt the website to your wishes and preferences. You will find more information on this subject in our “ cookie policy ”.
6. For what purposes do we need your Personal data ?
6.1. Offering our services to our users
In order to offer you our services, we are led to process your Personal data (see point 5.1.).
If you refuse to communicate certain essential data, it may be that our agency is not able to process your request.
6.2. Proper performance of the service contract concluded with our partners
In the context of the performance of the service contract that we have concluded with our suppliers/partners, we process the Personal data of the latter (see point 5.1.) in order to be able to correctly perform the contract concluded, in particular by collecting the contact details of the contact persons at our suppliers/partners, etc.
Some of the information that we ask of you is mandatory and conditions the conclusion of the contract concluded with you. If you do not provide this information, we will unfortunately not be able to conclude a contract with you.
6.3. Marketing operations
We may also send you advertising and/or a newsletter if :
– you have already used our services,– you have previously consented to receive this type of communication.
We may also publish your written comments and opinions relating to our services on our marketing and advertising materials (e.g. : website, brochures, etc.) accompanied by your name and your city if you have given us your explicit consent on this subject.
6.4. Securing the website
On the basis of our legitimate interest, which is that of securing our website https://fr-be.secundo.com/, we are led to collect and process your IP address.
6.5. Use of cookies
While browsing our website https://fr-be.secundo.com/, we install “ cookies ” (as explained in point 5.2.) :
– which are necessary for the proper functioning of our website, on the basis of our legitimate interest, which is that of offering you a functional website, and– for the purposes of analysing your browsing on our website only if you have previously consented.
If you wish to obtain further information on the use of our cookies, their retention periods, etc., please consult our “ [cookie policy] ” accessible from our website https://fr-be.secundo.com/.
6.6. Use of social media
In order to increase our presence on the internet as well as to be closer to our users and future users, we are also present on social media such as Facebook, LinkedIn, YouTube, Instagram, Snapchat, TikTok, etc.
By visiting these sites, you may, on the basis of your free consent, share some of your Personal data directly with us by contacting us, commenting on and/or sharing our publications.
Furthermore, we encourage you to read the “ privacy ” declaration that these third parties have published on their site in order to be informed of the processing carried out by these third parties on your Personal data as data controller of your Personal data.
6.7. The proper functioning of our agency
In order to function correctly as a company, we process your Personal data in order to :
– use it as evidence in a potential dispute (in particular the Personal data relating to a transaction/contractual relationship),– enable us to defend ourselves in Court, exercise and safeguard our rights as well as the rights of the persons whom we represent in Court,– manage our agency (for administrative purposes), prevent the risks linked to our activities (e.g. : in order to comply with certain legal obligations, in order to prevent risks in terms of money laundering, fraud, etc.),– manage complaints and/or questions received,
We process your Personal data on the basis of our legitimate interests explained below and, subsidiarily, on the basis of our legal obligations (in terms of tax and accounting evidence, etc.).
7. What are the grounds justifying the processing ?
We are only authorised to use and process your Personal data if one of the following conditions is met :
– we have your free and explicit consent to use your Personal data for a certain purpose. Thus, we ask for your consent when :
- you are not yet a user with us and if you wish to receive commercial information or advertising (through direct marketing actions or electronic newsletters),
– the use of your Personal data is necessary for the performance of a contract with the various partners of Secundo or, at your request, to carry out the steps with a view to the conclusion of a contract with the partners of Secundo.
– we are legally obliged to process certain Personal data, and more particularly to communicate it to the competent authorities. This will notably, but not exclusively, be the case in matters of tax and accounting obligation, for example.
– we have a legitimate interest in processing your Personal data. This will notably be the case as regards :
- the sending of commercial information or advertising to our users,
- the collection and recording of your IP address with a view to securing our website,
- and the purposes mentioned in point 6.8. of this Declaration.
8. With which other persons do we share your Personal data?
Only our collaborators who need to have access to your Personal data in order to carry out their professional tasks may access it. These persons act under our supervision and our responsibility.
Furthermore, we also call upon external suppliers/partners, who take on certain processing so that we can offer you our services, namely IT, legal, financial, accounting and other services. Given that these third parties have access to your Personal data in the context of the performance of the requested services, we have taken technical, organisational and contractual measures in order to ensure that your Personal data is only processed and used for the purposes mentioned in point 6 of this Declaration.
Finally, if we are subject to a legal obligation, your Personal data may be communicated to public institutions, tax authorities or any other competent authority.
9. Where do we store and process your Personal data ?
Your Personal data will be transferred outside the European Union (hereinafter “ EU ”) and/or the European Economic Area (hereinafter “ EEA ”), in particular to Switzerland, given that the system that we use to store your personal data is located in the Canton of Geneva, Satigny, in Switzerland.
Switzerland is considered by the European Commission as a country offering an adequate level of protection in accordance with the GDPR.
Apart from Switzerland, we do not transfer your personal data outside the EU/EEA.
If we plan, subsequently, to have your Personal data recorded and processed outside the EU and/or EEA, we will notify you of it explicitly.
If you use the social media referred to in point 6.7. of this Declaration to contact us, comment on and/or share our publications, these third parties may transfer your Personal data outside the EU and/or the EEA. In this regard, we encourage you to read the “ privacy ” declaration that these third parties have published on their site.
10. How long do we keep your Personal data ?
We will not keep your Personal data any longer than necessary to achieve the objectives mentioned in point 6 of this Declaration.
Given that the need to keep the Personal data depends on the type of Personal data concerned, on the subject of the processing and on the purpose of the processing, the retention periods may vary considerably.
The Personal data relating to prospects processed for the purposes of commercial prospecting is kept for a minimum of 5 years.
Indeed, the purchase of a second residence abroad requires reflection; it is obvious that this purchase is not decided within a few weeks.
We have many clients who decided on a purchase after 6 years of reflection, during which we had regular contact with a view to carrying out the purchase project.
The Personal data of Users will be kept for as long as it is necessary to provide the service requested by the User.
As regards the other Personal data, you will find below the criteria on which we base ourselves to define the retention periods :
– for how long do we need your Personal data in order to be able to provide the service or benefit from the services requested ?– have we defined and announced a certain retention period ?– have we obtained the authorisation to extend the retention period ?– are we subject to a legal retention/archiving obligation, a contractual or equivalent obligation?
As soon as we no longer need your Personal data and are no longer legally required to keep it, we will delete it definitively or, if this proves impossible, we will anonymise it in our system.
11. How do we secure your Personal data ?
Your Personal data is considered to be strictly personal and confidential. We take the appropriate technical and organisational measures to protect it from any destruction, loss, accidental alteration and from any damage, accidental or unlawful access or other unjustified processing.
12. What are your rights ?
By virtue of the applicable regulations, as a data subject, you have certain rights (see below). These rights are not absolute and may be subject to certain restrictions explicitly provided for in the applicable legislation.
12.1. Right to be informed
You have the right to be informed, at the latest upon the collection of your Personal data, of the processing that we carry out, your related rights as well as the exercise of these rights. To this end, we have drawn up this Declaration.
12.2. Right of access
You have the right to access the Personal data that we process and have a right to review it. If you wish, we will provide you with a copy of your Personal data. You may also obtain an answer to any question concerning the processing of your Personal data (reasons for the processing, recipients, retention period, etc.).
12.3. Right to rectification
You have the right to request the deletion, rectification and/or addition of your Personal data that is erroneous, fragmentary, inadequate or obsolete.
12.4. Right to erasure
You have the right, subject to the conditions provided for by the regulations and free of charge, to obtain the erasure of your Personal data.
12.5. Right to restriction of processing
You have the right to obtain the restriction of the processing of your Personal data, allowing the processing that we carry out to be stopped in a transitional and temporary manner. You can stop a specific processing, or all the processing, that we carry out on your Personal data definitively by invoking the right to object.
12.6. Right to data portability
You have the right to receive your Personal data that we process in a digital, readable and structured format in order to be able to save it with a view to personal (re)use, or to ask us to transfer it to another data controller, insofar as this is technically possible.
12.7. Right to object to certain processing
You have the right to object to the processing of your Personal data carried out on the basis of a legitimate interest (see point 6 of the Declaration) for reasons relating to your specific situation ; thereby allowing the processing that we carry out to be stopped definitively.
For example, you may object at any time to the sending by Secundo of commercial and/or advertising information.
However, we draw your attention to the fact that the exercise of your right to object does not, however, prohibit us from contacting you for any other purpose, including the performance of the contract, in accordance with this Declaration.
12.8. Right to withdraw one's consent at any time
You have the right to withdraw your consent at any time. When you use this right, we will stop the processing(s) that we carry out on your Personal data.
13. How to exercise your rights ?
To exercise the aforementioned rights, you may send us a written request by:
– Email : rgpd@secundo.com – Postal mail : chaussée de Marche 496/21 5101 Erpent
We ask you to clearly indicate the right that you wish to invoke and which processing(s) you wish to object to or which consent you wish to withdraw. Your written request must be dated and signed and must contain proof of identity.
Each request will be processed free of charge. However, where the requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may:
a) require the payment of reasonable fees which take account of the administrative costs incurred in providing the information, making the communications or taking the measures requested; orb) refuse to act on these requests.
Your request will be processed within a period of one month. This period may be extended by two months, taking account of factors such as the complexity and the number of requests. In the event of an extension of the period, you are informed of it as well as of the reasons for the extension.
Where applicable, we will inform the third parties to whom your Personal data has been communicated of any rectification, erasure or restriction carried out, unless this is not possible or requires a disproportionate effort.
14. How to ask questions or lodge a complaint ?
If you have questions or if you wish to lodge a complaint concerning the processing of your Personal data, you may contact us by :
– Email : rgpd@secundo.com – Postal mail : chaussée de Marche 496/21 5101 Erpent
If you are not satisfied with our response, if you have remarks concerning the exercise of your rights or if you consider that our processing of your Personal data does not comply with the legislation, you have the right to lodge a complaint with the Data Protection Authority.
To this end, we encourage you to visit their website : https://www.autoritedeprotectiondonnees.be or to contact them by :
– post :
Data Protection Authority
Rue de la Presse, 35
1000 Brussels
– telephone : 02/274.48.00,– email : contact@apd-gba.be
15. Amendment of this Declaration
We reserve the right to amend or supplement this Declaration if necessary.
In the event of significant amendments, the date of amendment will be updated, a copy of the new Declaration will, as far as possible, be communicated to you and will be posted on our website https://fr-be.secundo.com/.
We encourage you to consult this Declaration periodically in order to become aware of the way in which we process and protect your Personal data.
General terms and conditions of use of the site
Acceptance of the general terms and conditions
This site, in the French language, is an information site aimed both at clients of our agency and at non-clients, hereinafter referred to as “ internet users ”. This site is subject to Belgian law. The internet user acknowledges having read this charter (general terms and conditions and privacy) and undertakes to comply with it.
It is recalled that the confidentiality of correspondence is not guaranteed on the Internet network and that it is for each internet user to take all the appropriate measures so as to protect their own data and/or software.
Processing of the request and/or of the information
We reserve the right to make the processing of the information subject to conditions, to suspend it or to refuse it in the following cases :
– incomplete or incorrect information ;
– communication of manifestly erroneous, or even fanciful, data;
The list set out above is not exhaustive.
Services
The services and properties offered on the site are described in good faith, as precisely and faithfully as possible.
The images presented on the site have no contractual value.
Availability
In any event, we cannot be held liable for the damage resulting from the unavailability of the service corresponding to the user's requests.
Disclaimer – limitation of liability
Our agency cannot be held liable for the non-performance of the contract that might follow in the event of inaccuracy of the information communicated or of force majeure …
Intellectual property
The information appearing on the site is reserved for exclusively personal use and may not be reproduced or communicated, in whole or in part. All the data (texts, sounds or images) appearing on the pages of this site are the exclusive property of our agency or of its partners. Any reproduction, representation or dissemination, for purposes other than personal, in whole or in part of the content of this site on any medium or by any process whatsoever is prohibited. Failure to comply with this prohibition constitutes an infringement liable to engage the civil and criminal liability of the infringer.