1 Object and purpose
Fost Plus respects your privacy and therefore always acts in accordance with the applicable regulations on data protection (including the General Data Protection Regulation - GDPR).
This Privacy Statement contains more information about the way in which your personal data are collected, used and processed under the responsibility of Fost Plus and, if necessary, can be transferred to third parties.
This Privacy Statement applies to the processing and/or transfer of personal data of customers, members, partners, service providers and suppliers of Fost Plus as well as their representatives.
By providing your personal data to us, you acknowledge that you are aware of the following terms and conditions under which Fost Plus processes and forwards personal data.
If you provide us with the personal data of other individuals, you stand surety and guarantee that these terms and conditions were passed on to the data subject to whom these personal data relate and that, insofar as certain processing requires consent, you have obtained the relevant consent from the data subject for this processing by Fost Plus.
2 Data Controller
The data controller is: Fost Plus vzw (non-profit organisation)
Registered office: Olympiadenlaan 2 Avenue des Olympiades, 1140 Brussels
Business number: 0447.550.872
3 Personal data, purposes and legal grounds
Fost Plus may collect and process different categories of personal data concerning you (or the relevant data subject). This may be done, among other things, by filling in the various online forms (e.g. the online declaration or membership form for members or overpack notification form), by responding to requests for quotes, browsing or registering on the Websites, via the online applications (‘the Applications’), by contacting Fost Plus via e-mail or the Helpdesk or in the context of an educational event.
Fost Plus therefore collects personal data via the Websites or the Applications and via digital or paper (registration) forms, via e-mail, fax, telephone, text messages, social media, members, partners and third parties (including public sources).
The personal data that are requested and collected may include the following data, among others: your name, residence/place of employment, e-mail address, fixed or mobile telephone number, language, sex, account number, profession, data relating to your customer history/membership, financial details (bank account, etc.).
Such personal data may be used, respectively:
(i) to be able to confirm your membership of Fost Plus, to prepare, accept and follow up your member’s dossier (including declarations), to provide and follow up the requested services, for general member and partner management and for collections.
(ii) to prepare and manage your profile in De Sorteerwinkel, to provide the products you request, for general customer management and for collection;
(iii) to manage the overpack notifications, to keep the accounts, fight fraud, offences and infringements and to manage disputes and any lawsuits;
(iv) to be able to deal with your question, notification or request and if necessary to respond to it (e.g. to provide you with requested information about Fost Plus products or services);
(v) to enable you to take part in a competition/action (e.g. an educational event) and to inform you of the progress and end of such events;
(vi) to send you newsletters, personalised marketing or information via e-mail or other channels.
Processing for the purposes listed under points (i), (ii), (iii) and (v) above are necessary to establish or implement our agreement with you. Without the personal data, the agreement cannot be implemented. Some processing under (iii) may also be necessary for a legal obligation imposed on Fost Plus.
Certain processing for the purposes indicated under point (i) and the processing for the purposes indicated under point (iv) are necessary for our justified interests to guarantee good relations with our partners and members and to improve and promote our products and services.
Insofar as is required by law, certain processing for the purpose indicated under point (vi) will require your consent.
3.1 Personal data from website visitors or users of the Applications
Upon every visit to the Websites or use of the Applications, various personal data and log files about you may be collected automatically, including your IP address, possibly your location, the date and length of your visit to the Websites or your use of the Applications, the websites through which you are linked to the Websites, your browser, your operating system, your browsing behaviour on the Websites and in particular the pages of the Websites that you visit. These data are used exclusively for statistical purposes and to analyse and optimise the working and use of the Websites and the Applications, in accordance with the justified interest of Fost Plus to improve its services. Such data are in principle not kept for longer than one year.Processing for the purposes listed under points (i), (ii), (iii) and (v) above are necessary to establish or implement our agreement with you. Without the personal data, the agreement cannot be implemented. Some processing under (iii) may also be necessary for a legal obligation imposed on Fost Plus.
4 Transmission to third parties
In the context of the fulfilment of the purposes set out above, Fost Plus sometimes calls upon third party service providers (e.g. IT service providers, courier service, etc.). If necessary to carry out their task, your personal data may also be passed on to these third-party service providers. In that case, they process your personal data solely in accordance with the instructions of Fost Plus and in line with the applicable regulations.
Fost Plus may also transfer certain personal data to external parties for processing, the purposes and means of which are determined by these external parties. In that case, these third parties act as the data controller under the applicable data protection legislation. This includes the transfer:
(i) to organisations of which Fost Plus is part
(ii) to producers in the context of overpack notifications
(iii) to competent authorities in the context of urgent or pending legal proceedings, in the context of judicial investigations and requests of information, at the request of the government or to comply with other legal obligations.
For further information about this processing, Fost Plus refers you to the applicable privacy statement of these third parties. Such transfers are, however, justified in each case and are not made in return for payment: we do not sell your personal data to third parties. for payment: we do not sell your personal data to third parties.
5 Transmission abroad
We may transfer your data to parties in countries outside the European Economic Area. In that case, we guarantee that these parties apply an appropriate level of data protection prior to the transfer (e.g. by means of own certification of the recipient for the EU-US Privacy Shield or by including the so-called EU standard contractual clauses of the European Union in the agreement with the recipient).
6 Your rights as a data subject
As a data subject, you have the following rights:
- Right to access – You have the right to consult your personal data that we process, as well as the right to obtain a copy of these personal data (barring certain exceptions).
- Right to data portability – Under certain conditions, you have the right to the portability of the personal data provided by you.
- Right to rectification and erasure – You have, at all times, the possibility of having your data corrected or deleted by us free of charge, provided the legal conditions are met. Data that we need for the fulfilment of ongoing assignments or which we are legally obliged to keep up to date are exempt from the right to erasure.
- Limitation of the processing – Provided that the valid legal provisions are fulfilled, you can demand that we limit the processing of your personal data.
- Right to object – You may object to our processing for advertising purposes or processing that has our justified interest as the legal ground. You may even do this yourself, without giving a reason, for the processing of personal data for direct marketing purposes.
- Withdrawal of your consent – If we process your personal data on the basis of your consent, you have the right to withdraw this consent at any time. However, this withdrawal will not have any influence on the legality of the processing of your personal data for the period prior to the moment of this withdrawal and processing activities that are based on another legal ground.
- Complaint to the competent authority – You have the right at all times to contact the authority with competence for data protection in Belgium and if appropriate lodge a complaint.
- To exercise the above rights, send an e-mail to firstname.lastname@example.org. This e-mail must be accompanied by your full contact details and a means of verification of your identity (e.g. a copy of the front of your identity card or driving licence) . Fost Plus may, however, refuse requests which it considers excessive or which constitute abuse of the relevant law.
7 Storing your data
In principle, Fost Plus keeps your personal data only for as long as this is necessary for the purposes described (bearing in mind the applicable legal prescription periods). For instance, personal data contained in declarations or quotes, in the registration to De Sorteerwinkel or in questions that you ask us are in principle only kept for a period of two years after receipt of the declaration, quote, purchase or question. However, the data that we process – to the extent that you so wish – to keep you informed of our initiatives, etc. are kept up to date and processed for as long as you do not object to receiving newsletters, (digital) marketing or other information. Personal data that are linked to contractual documents are, however, kept for a maximum period of ten years after the termination of the contract with Fost Plus, barring legal exceptions. After these periods, the data will be removed.
Fost Plus reserves the right to modify the Privacy Statement at any time, among other things to adapt it to changes in the services provided or amendments to the legal and/or regulatory requirements. Modifications to this privacy statement come into force at the time of publication. We advise you always to consult the most recent version. This Privacy Statement was most recently modified and reviewed on 25.05.2018.
9 Contact details of data protection manager and authorities
For questions about the processing of your personal data or the exercising of your rights as a data subject, you can contact our Data Protection Manager (DPM) at any time. Our DPM was appointed among other things specifically to act as the contact person for persons whose data we process.
You can reach our DPM by e-mail (email@example.com), by telephone on +32 2 775 03 50 or by sending a letter to: Fost Plus Data Protection Manager, Olympiadenlaan 2 Avenue des Olympiades, 1140 Brussels, Belgium.
You can also contact the Belgian Data Protection authority with any questions or complaints (https://www.privacycommission.be).