EPERC-AISBL – PRIVACY STATEMENT

  1. GENERAL STATEMENT
  1. This is the Privacy Statement of EPERC-AISBL, with registered office in B-1030 Schaarbeek (Brussels), BluePoint Brussels, Boulevard Auguste Reverse, 80 (“Eperc”), e-mail info@eperc-aisbl.eu . 
  2. EPERC is an international non-profit association (Association internationale sans but lucrative) among companies and/or individuals with purposes to develop the European industry of pressure equipment through research as well as:
  • promoting the role and importance of the pressure equipment industry in Europe;
       
  • promoting and encouraging under respect of the applicable law, cooperation among the Stakeholders which are involved in the manufacturing and utilization of pressure equipment;
       
  • safeguarding both technical and economic interests of the industry;
       
  • encouraging technical progress, innovation, protection of environment and safety at work in the field of pressure equipment;
       
  • harmonization of legislation and standardisation as well as acceptance tests at international and European levels in order to facilitate the exchange of goods across borders;
       
  • the promotion of competitive methods for in-service inspection and their recognition in standardization and European legislation;
       
  • assisting and advising authorities involved in questions concerning pressure equipment at European level.

Its mission is to coordinate and promote the common technical interests and strategies of the European pressure equipment and related industry in relation to European institutions and the international community.

  1. Eperc is involved as a data controller for the processing of your personal data (namely, any information that relates to an identified or identifiable person such as identification data) which it obtains when you visit its website or whenever you communicate your or another person’s personal data (for example, participation at an event, registration to receive a newsletter, by e-mail or personal contact). Chapter 5 of this Privacy Statement describes the personal data processed by Eperc (hereafter, “Personal data”).
  2. This Privacy Statement is made available, in physical or electronic form, in the “Privacy Statement” section of the Eperc website, where you can consult it at any time.
  3. Through this Privacy Statement, Eperc informs any person concerned about the processing of their Personal data. Eperc may change this Privacy Statement at any time. We therefore advise you to consult it regularly.

 

  1. LEGAL FRAMEWORK

This Privacy Statement is subjected to personal data protection regulations, such as: 

    • the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, 
    • Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), 
    • any other regulation in force on the protection of privacy and the processing of personal data  (jointly or separately referred to as “Privacy protection law”).

 

  1. PURPOSE

Eperc processes Personal data in accordance with the provisions of Privacy protection law and with this Privacy Statement, with the aim of: 

    • carrying out activities as described in Article 1.2 (including the entering into and the implementation of contracts to do so), 
    • ensuring optimal operation of the website,
    • compiling a file of members, customers and suppliers and collecting information for this purpose, 
    • conducting market research, 
    • optimising its offering of services and the supply or the delivery of services,
    • carrying out direct marketing actions for its activities, for example, promotions, updates, specific actions and services, newsletters and information leaflets, e-mails, invitations to events, marketing material and other information that might be interesting or useful, 
    • understanding your needs and preferences so that Eperc may harmonise its offering, its products or working methods accordingly,
    • forwarding to Eperc’s subcontractors and parties to contracts with a view to the implementation of the previous points,
    • compliance with regulations in force,

referred to jointly or individually as the “Objective”.

  1. LEGAL BASES AND APPLICABILITY

Eperc processes your Personal data pursuant to the following legal bases:

    • the contract that you have entered into with Eperc within the framework of the supply of services, the implementation of contracts, the use of the website, etc.,
    • the free, specific, enlightened and unambiguous consent that you have given Eperc or its partners with a view to the processing of Personal data in the context of the sending of direct marketing if you are not a customer or a member or if the direct marketing which is sent to you, in your capacity as an existing customer or member, does not concern similar products or services and the use of tracking cookies. This consent may be given in every way, for example: by letter, e-mail, an on-line or off-line consent form, a link or a registration,
    • a legal obligation and/or
    • Eperc’s legitimate interest if it shares your Personal data with third parties that assist Eperc in the supply of its products and services. A few examples of third-party activities: hosting of web servers, data analysis, supply of marketing support and customer service. These companies have access to your Personal data, but only when that proves strictly necessary for the conduct of their activities. They may not use your data for other purposes.

You confirm, in particular, by your registration at (i) an event or (ii) for a newsletter or other forms of direct marketing or by the acceptance of this Privacy Statement at another time, whether on-line or off-line, that you declare entirely, knowingly and in an informed manner that you agree unreservedly to this statement.

This Privacy Statement does not apply compulsorily to third-party services, activities or products (including websites or applications mentioned by hyperlinks (even authorised) on our website), to which reference might be made and to which another privacy statement might apply.

  1. PERSONAL DATA

Eperc may request, collect and process the following Personal data in the context of its activities as defined in Article 1.2:

    • identification data: first name, surname address, gender and date of birth,
    • contact data, for example, e-mail address, phone number,
    • language preference,
    • profession, professional interests and preferences,
    • data on your device, information in your log file, for example, the IP address, the browser and the operating system, the external website that you mentioned, your browsing behaviour, especially the pages you consult on the website, the date and time of visit of pages, together with other information provided to Eperc and cookies. For further information about the use of cookies on the website, please read the Eperc cookies use policy.

 

  1. PICTURES

Eperc may use persons’ pictures (for example photos, videos, etc.) as part of its activities as set out in Article 1.2. You are aware that pictures of you or persons for whom you have communicated Personal data may be made by Eperc or on the occasion of events organised by Eperc, for example, workshops, seminars, on-site events, etc.

In the context of the activities mentioned in Article 1.2, Eperc may use the pictures mentioned in Article 6:

    • for internal purposes (and share them through internal communication systems such as e-mails) and register them on a server that can be accessed by Eperc (belonging to Eperc or to its ICT supplier),
    • for external purposes, for example, sharing (by e-mail or on social media) for the purposes of promotional activities, direct marketing, reports to customers, publication on the Eperc website, use in presentations, social media or their communication to third parties, etc.

 

  1. TRANSFER TO THIRD PARTIES
  1. Eperc may resort to subcontractors or partners to carry out some processing activities (for example, hosting of the website, other ICT purposes, etc.). Eperc enters into a data-processing agreement with these third parties likely to have access to personal data in order to ensure the protection of your Personal data.
      
  2. Eperc guarantees that it does not transfer any Personal data to third parties other than those mentioned in Article 7.1, unless:
    • it is subject to a legal obligation to transfer these Personal data
    • Eperc has a legitimate interest in doing so.
  1. The third parties, for which Eperc is entitled or is obliged to transfer Personal data on the basis of the above mentioned categories, may be established in the European Union or outside it. Personal data may therefore also be transferred to companies or bodies located in countries outside the EU. In the context of the transfer of Personal data, Eperc may not be held liable for the subsequent processing of Personal data by third parties

    This transfer of data outside the EEA is valid if the recipient of the data is established in a country affording a suitable level of protection after an adequacy decision by the European Commission. It is possible that some of these countries do not have similar legislation in the area of data protection to protect the use of your Personal data. In these cases, we have examined the possibility of applying adequate precautionary measures such as those in force in the EU, for example, by means of standard contractual clauses. In specific cases, we ask for your prior consent to be able to transfer your Personal data outside the EEA. For further information about the transfer of data, you can follow the procedure described in Article “10. Rights”.

 

  1. DECLARATIONS AND GUARANTEES
  1. You guarantee that you are mandated (on behalf of the person concerned) to transfer the person’s Personal data to Eperc, for example, you, your workers, consultants, partners, etc. You guarantee, to the extent required, you have obtained the necessary consent for the transfer of the above mentioned personal data and you will hold Eperc harmless and compensate Eperc for any damage in this respect.
      
  2. Your acceptance of this Privacy Statement signifies that you guarantee that the (personal) data you communicate are accurate and complete. You are aware that any breach of this provision will be considered as gross negligence.

 

  1. DURATION OF PROCESSING

Eperc records the personal data and it may use them  in accordance with this Privacy Statement and with Privacy protection law, as long as necessary to achieve the Objective and at least up to 5 years after the end of the agreement entered into with Eperc. Eperc will erase the Personal data when the Objective has been achieved and the Personal data will therefore no longer be necessary.

  1. RIGHTS
  1. Privacy protection law grants everyone rights relating to their Personal data. As far as their Personal data are concerned, everyone has the right, free of charge: 
    • to have access to such data and to obtain a copy of them,
    • to rectify them if they contain errors,
    • to ask for them to be erased, provided that:
      • they are no longer necessary for achieving the Objectives,
      • consent has been withdrawn and there is no other legal basis for processing the Personal data,
      • an objection has been made and there is no other legal basis justifying the processing of the Personal data,
      • the processing of the Personal data is unlawful,
      • there is a legal obligation to erase the Personal data.
    • to limit the processing of the Personal data,
    • to request the transfer of the Personal data to a third-party data controller in a structured format, currently used and readable by machine,
    • to object to the processing of their Personal data, in particular in the context of direct marketing. You may, at any time, object free of charge to the processing of your Personal data for direct marketing purposes. This signifies, in particular, that you may always unsubscribe from newsletters, commercial mails or mailshots or customised advertising, after which Eperc may no longer send them to you. In fact, you may object to profiling by means of your personal data for direct marketing purposes, at any time, and free of charge. This signifies that if you exercise this right to object, Eperc may no longer have your browsing behaviour or your professional preferences and interests analysed to send you specific mails or propose a particular content on its website (see also Article 3 above). If you would like to know more about this, please read the cookies use policy,
    • to withdraw the consent on the basis of which Eperc is entitled to process the Personal data,
    • to submit a complaint to the Data Protection Authority (“Commission for the protection of privacy” or “Privacy commission”) if you consider that the processing of your Personal data is contrary to Privacy protection law.
  1. Subject to proof of identity (copy of the front of the identity card), you may exercise the above mentioned rights and, for other matters, send a written, dated and signed request by letter to Eperc,whose registered office is established at B-1030 Schaarbeek (Brussels), BluePoint Brussels, Boulevard Auguste Reyers, 80, by e-mail to the address info@eperc-aisbl.eu .
  2. The exercising of your rights, as set out above, does, however, depend on requirements and conditions as defined in Privacy protection law. Please take account of the fact that, in certain circumstances laid down by law, we may refuse access to your information or not comply with your request when we have the right to do so pursuant to applicable data protection legislation. 

 

  1. STORAGE AND SECURITY
  1. Personal data will be stored at Eperc or at its ICT supplier’s facilities.
  2. Eperc undertakes, within its means, to take (or arrange to have taken) all reasonable steps to safeguard the protection of Personal data against loss, destruction, alteration or unauthorised disclosure by adopting organisational and technical security measures and an adequate security policy.
  3. You acknowledge that Internet is an open system and we cannot ensure that it is impossible for unauthorised third parties to circumvent these measures or use these Personal data for inappropriate purposes.
  4. You acknowledge and accept that the transfer and the storage of Personal data are never completely free from risk and, consequently, the damage that you might suffer (or the person concerned) by the illegitimate use of Personal data by third parties (when the Personal data has been transferred in accordance with this declaration of conformity) may in no way be recovered from Eperc. This website may contain links to third-party websites. Eperc is not liable for the content of these websites and neither is it responsible for this third party’s standards and practices regarding confidentiality. Please read and understand the relevant privacy policy of these third parties and their websites before accepting their cookies and browsing their website to make sure that your Personal data are sufficiently protected.
  5. If you become aware of a data leakage, you must immediately inform Eperc of it and, at the latest, within 2 hours of becoming aware of it, by e-mail at the address info@eperc-aisbl.eu.

 

  1. LIABILITY
  1. Eperc may only be held liable for damage arising from the processing of Personal data in consequence of an error or negligence on the part of Eperc. Eperc may in no way be held liable (i) in the event of force majeure, (ii) for damage or consequential damage, (iii) damage resulting from errors, deficiencies or negligence on your part or on the part of third parties other than Eperc’s subcontractors.
  2. Eperc’s total liability is limited, in any case to EUR 1000 (one thousand) for breach of this Privacy Statement and/or Privacy protection law.

 

  1. SEVERABILITY

If one of the provisions of this privacy statement is illegal or non-binding, it will be amended to the extent necessary to make it legal or binding, while retaining the initial meaning of the provisions as much as possible.

If possible, the provisions of this privacy statement will be interpreted so as to be valid and binding pursuant to applicable law. If one or more provisions of this privacy statement should, however, prove to be wholly or partly invalid, illegal or non-binding, the other parts of the said provisions and of this privacy policy will remain in force as if those invalid, illegal or non-binding provisions had never existed.

  1. APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION
  1. You agree that any dispute between you and Eperc concerning Personal data and privacy issues shall be exclusively governed by Belgian law.
      
  2. Any dispute relating to Personal data will be settled by the Courts of the judicial district of Brussels, to the exclusion of any other court, unless binding legal provisions reject this jurisdiction.