ARTICLE 1 – DEFINITIONS

The terms in capital letters in this Privacy Policy shall have the following meaning.

1. Privacy Policy: this Privacy Policy drawn up by B-Trad, whose registered office is located at Ancienne Chaussée de Ciney, 38, 5300 Andenne (Belgium), registered with the Crossroads Bank for Enterprises under number BE0849.869.359.
2. Personal Data: any data through which the Individual can directly or indirectly be identified or is identifiable.
3. Data Controller: Mr CORRE Bruce
4. Individual: either the natural person who provides one or more of their Personal Data to B-Trad, or the natural person who is identified by B-Trad in the context of its activities.
5. Worker: the natural person hired by B-Trad for the purpose of working with B-Trad.
6. Data Processor / Subcontractor: companies and/or persons that B-Trad calls upon to perform certain tasks.
7. ADP/DPA: Autorité de la Protection des Données/Data Protection Authority: the national supervisory body responsible for compliance with the laws in force in Belgium governing the use of personal data.

ARTICLE 2 – APPLICABILITY

• This Privacy Policy shall apply to the processing of all Personal Data transmitted in any way by the Individual to B-Trad or available to B-Trad in the context of its activities.
• B-Trad attaches the utmost importance to respecting the privacy of the Individual and their Personal Data. B-Trad shall only use the Personal Data transmitted by the Individual for the purposes described in this Privacy Policy and shall comply with the rules and laws in force concerning the protection of Personal Data, in particular the General Data Protection Regulation (GDPR) EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (available at https: //eur-lex. europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679).

ARTICLE 3 – COMMUNICATION OF PERSONAL DATA

Personal Data is available to B-Trad either within the framework of its activities, or when the Individual communicates their Personal Data to B-Trad or to one of its partners for the performance of its activities, or when it performs its legal or contractual duties.

The Data potentially processed by B-Trad are: civility, marital status, surname, first name, telephone number, fax number, postal address, e-mail address, Crossroads Bank for Enterprises registration number, place of birth, date of birth, age, national register number.

ARTICLE 4 – PURPOSES OF USE

• The processing of the Personal Data is based on:

1. 1. The consent of the Individual to the processing of their Personal Data for one or more specific purposes;
   2. The performance of a contract to which the Individual is a party or the performance of pre-contractual measures taken at the request of the Individual;
   3. Compliance with a legal obligation to which B-Trad is subject (accounting, social, tax obligations, etc.);

• The Personal Data provided and available to B-Trad will be processed for the purpose of:

1. 1. Contacting the Individual in the context of its activities either directly or via a subcontractor;
   2. Performing and managing the contract concluded between the Individual and B-Trad or any pre-contractual measures;
   3. Managing its accounting (sending, receiving and entering invoices);
   4. Managing the human resources of its company;
   5. Managing the application of the Individual who would like to be hired under an employment contract by B-Trad or would like to provide services independently on behalf of B-Trad;
   6. Responding to requests from the Individual concerning the exercise of their rights under the GDPR;
   7. Informing the Individual about matters that B-Trad believes are important for the Individual;
   8. Communicating them to Data Processors subcontracted by B-Trad to perform certain tasks;
   9. Periodically sending information to the Individual;
   10. Transmitting these data to third parties, subject to the provisions of Article 5 of this declaration;
   11. Communicating them to B-Trad’s partners, including the entry of the Individual’s data in the database of its associated companies;
   12. Periodically recontacting the Individual.​

ARTICLE 5 – COMMUNICATION OF DATA TO THIRD PARTIES / PUBLIC DISCLOSURE OF DATA

B-Trad shall not disclose the Individual’s Personal Data to third parties, unless and insofar as:

1. This is stipulated as such in the Privacy Policy;
2. B-Trad is entitled and/or obliged to do so by law and/or other regulations, or is requested to do so by a public institution or any other regulatory authority (FPS Justice, FPS Finance, FPS Employment, Labour and Social Dialogue, NSSO, lawyers, judicial representatives, Public Prosecutor’s Office, Examining Magistrate, Registry, Courts and Tribunals, police services, National Chamber of Bailiffs, Financial Information Processing Unit, etc.);
3. This is deemed essential by B-Trad to protect its rights and/or property, or to prevent a crime and/or to protect the security of the State or the safety of its Candidates and Workers;
4. This is done for the purpose of verifying the completeness and accuracy of the Personal Data.

• In the event of communication of the Individual’s data, whether or not through B-Trad, to third parties responsible for processing or to a Data Processor, the latter shall only have access to the Individual’s Personal Data if this is strictly necessary for the performance of the tasks entrusted to B-Trad or by B-Trad. B-Trad shall prohibit the Data Processor subcontracted by it from communicating the Individual’s Personal Data to third parties or from using it for purposes other than those for which it was obtained. B-Trad shall also take the necessary steps to ensure that all Personal Data provided is adequately protected. All Data Processors shall be bound by a subcontracting agreement that complies with the provisions of the General Data Protection Regulation.
• In the context of a cross-border dispute, B-Trad may have to communicate Personal Data to foreign data controllers or foreign authorities, but always in compliance with European Union law and international treaties to which Belgium is a party and, where applicable, with the necessary safeguards.

ARTICLE 6 – PROCESSING OF SENSITIVE PERSONAL DATA

B-Trad shall only process the Individual’s sensitive Personal Data if the Individual has given their explicit consent to this or if this processing complies with the law and/or regulations in force.

ARTICLE 7 – SECURITY OF DATA AND LIABILITY WITH REGARD TO THIRD PARTIES

• B-Trad shall make every effort to take adequate organisational and technical measures to protect the Individual’s Personal Data against inappropriate processing and/or all B-Trad Workers shall be bound by a confidentiality clause in their employment contract, in the appendix or in the B-Trad Working Rules. The name of these recipients can be obtained upon request by e-mail to info@btrad.net or by post (Ancienne Chaussée de Ciney 38, B-5300 Andenne (Belgium)), but B-Trad reserves the right to refuse to comply with this request for reasons of confidentiality.
• The Data processed by B-Trad shall be kept for a period of 10 years from the end of the relationship with the Individual.

If Data is processed in the context of an activity or recruitment and no contract is subsequently concluded between the Individual and B-Trad, the Individual’s data shall be erased immediately.

• Despite the security measures taken by B-Trad, third parties may succeed in circumventing these measures and/or use the Individual’s Personal Data for inappropriate purposes. B-Trad cannot be held responsible in any way for this.
• B-Trad shall in no way accept any liability for any damage resulting from the use of the Personal Data by a third party (parties) to whom these data have been transmitted under this Privacy Policy or with the consent of the Individual. Nor shall B-Trad be held responsible for the compliance of such third party(ies) with applicable laws and/or regulations.

ARTICLE 8 – LIABILITY

• The liability of B-Trad for indirect damage shall be excluded in all cases.
• Any liability for direct damage shall be limited to a maximum amount of € 000.00 per event and a maximum of € 3,000.00 per calendar year.
• B-Trad’s liability shall in any case not exceed the amounts paid out by its insurance in such cases.

ARTICLE 9 – RIGHTS OF THE INDIVIDUAL

• The Individual may ask B-Trad at any time, by e-mail to the address info@btrad.net or by post (Ancienne Chaussée de Ciney, 38, 5300 Andenne (Belgium)), to inform them of the data concerning them that are processed by B-Trad.
• The Individual may also ask B-Trad at any time, through the procedure provided for this purpose, to complete, correct or erase their data.

In the event that B-Trad refuses to comply with the request to correct or complete the data, the Individual shall have the right to provide a statement indicating that the data is incomplete and indicating the additional elements to be taken into account. B-Trad shall add such a statement to its database.

• The Individual also has the right, in accordance with the General Data Protection Regulation:

1. to withdraw their consent to the processing of the Data, provided that the processing is based on the consent of the Individual;
2. to limit processing;
3. to the portability of data;
4. to object to processing necessary for the performance of a task in the public interest, for the legitimate interests of B-Trad or for prospecting purposes;
5. not to be the subject of a decision based on automated processing, including profiling, which produces legal effects or significantly affects them in a similar way.

• B-Trad shall respond to any request within one to three months of receiving the request, depending on the complexity of the request. No payment shall be required from the Individual. However, when the Individual’s requests are manifestly unfounded or excessive, in particular because of their repetitive nature, B-Trad may:

1. Require payment of a reasonable fee that takes into account the administrative costs incurred in providing the information, making the communications or taking the actions requested;
2. Refuse to comply with these requests.

ARTICLE 10 – QUESTIONS, REMARKS AND COMPLAINTS

• In the event of questions, remarks and/or complaints by the Individual concerning this Privacy Policy and the way in which B-Trad processes their data, the Individual may contact B-Trad by e-mail at info@btrad.net or by post at Ancienne Chaussée de Ciney, 38, 5300 Andenne (Belgium). The Individual may also notify the Data Protection Authority, Rue de la Presse n°35, 1000 BRUSSELS Tel: 02/274.48.00, Fax: 02/274.48.35 and e-mail: contact@apd-gba.be.
• B-Trad reserves the right to modify the Privacy Policy at any time. Any changes to the Privacy Policy shall be sent by e-mail to each of the Individuals who have already received the previous version of this Privacy Policy.
• If any provision of this Privacy Policy is invalidated in whole or in part, such provision shall not apply and B-Trad shall, in such event, replace the provision in question with a provision of identical scope that is not invalid, voidable or unlawful in whole or in part. The other provisions of the Privacy Policy shall remain in full force and effect.
• The French version of this Privacy Policy shall be binding.