This article lists your principal rights under data protection law. We have tried to summarise them for you in a clear and legible way.
The right to access
You have the right to receive from us a copy of your personal data we have in our possession, provided that this does not adversely affect the rights and freedoms of others. The first copy will be provided free of charge, but we reserve the right to charge a reasonable fee if you request further copies.
The right to rectification
If the personal data we hold about you is inaccurate or incomplete, you have the right to have this information rectified or, taking into account the purposes of the processing, completed.
The right to erasure (right to be forgotten)
In some circumstances, you have the right to the erasure of your personal data without undue delay. Those circumstances include:
- The personal data are no longer needed in relation to the purposes for which they were collected or otherwise processed;
- You withdraw your consent, and no other lawful ground exists;
- The processing is for direct marketing purposes;
- The personal data have been unlawfully processed; or,
- Erasure is necessary for compliance with EU law or Belgian law.
There are certain exclusions to the right to erasure. Those exclusions include where processing is necessary,
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation; or,
- for the establishment, exercise or defense of legal claims.
The right to restrict processing
You have the right to restrict the processing of your personal data (meaning that the personal data may only be stored by us and may only be used for limited purposes), if:
- You contest the accuracy of the personal data (and only for as long as it takes to verify that accuracy);
- The processing is unlawful and you request restriction (as opposed to exercising the right to erasure);
- We no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; or,
- You have objected to processing, pending the verification of that objection.
In addition to our right to store your personal data, we may still otherwise process it but only:
- with your consent;
- for the establishment, exercise or defense of legal claims;
- for the protection of the rights of another natural or legal person; or,
- for reasons of important public interest.
We will inform you before we lift the restriction of processing.
The right to data portability
To the extent that the legal basis for our processing of your personal data is consent, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
You also have the right to have your personal data transferred directly to another company, if this is technically possible, and/or to store your personal data for further personal use on a private device.
The right to object to processing
You have the right to object to the processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for:
- The performance of a task carried out in the public interest or in the exercise of any official authority vested in us;
- The purposes of the legitimate interests pursued by us or by a third party.
If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
The right to complain to a supervisory authority
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. In Belgium, you can submit a complaint to the Authority for the protection of personal data (Privacy Commission), Drukpersstraat 35, 1000 Brussel (Contact@apd-gba.be)