Privacy statement

More text

We understand that your trust in us, is KWARTS’ (hereinafter referred to as "KWARTS", "we" or "us") most important asset. As such, your privacy is essential to us.

This privacy statement (hereinafter referred to as "Privacy Statement") is applicable, inter alia, to (i) our website (hereinafter referred to as the "Website") and (ii) all (commercial) relations between KWARTS and its customers, prospects and business partners.

This Privacy Statement includes information about the personal data collected by KWARTS, as well as the manner in which KWARTS uses and processes this personal data.

KWARTS wishes to emphasize that it always attempts to act in accordance with (i) the Belgian Privacy Law of 30 July 2018 regarding the protection of natural persons in relation to the processing of personal data and/or (ii) the EU Regulation of 2016 concerning the protection of individuals with regards to the processing of personal data, regarding the free movement of such data and repealing Directive 95/46/EC.

Visiting the Website, creating an account, subscribing to the newsletter and/or the purchase of products or services of KWARTS implies your explicit approval (through disclosure of your personal information or opt-in) of the Privacy Statement and consequently how we collect, use and process your personal data.

Please read this Privacy Statement in conjunction with KWARTS’ legal disclaimer and cookie policy.

What types of personal data can KWARTS process?

KWARTS can collect and process the following personal data:

- Contact details: name, surname, address, phone number and e-mail address
- Professional information: company name, company address, billing address, function
- Account information: email address and password
- IP-address
- All personal data provided in the message field of the contact form
- All other personal data voluntarily transferred to KWARTS, for example during any correspondence

KWARTS also collects certain user and device data when using the Website. This information is anonymous when it does not reveal your identity and may not constitute processing of personal data. Examples of this type of user and device data include information collected through cookies, pixel tags and other technologies. More information about the collection of data via cookies can be found in KWARTS’ Cookie Policy.

How does KWARTS collect your personal data?

These personal data are collected in the context of:

- Visiting the Website
- Creating an account
- Requesting an offer
- Subscription to the newsletter
- Recruitment via the Website
- Incoming and outgoing correspondence with KWARTS, including use of the contact form

All personal data, collected by KWARTS, are thus expressly and voluntarily provided by you.
Providing certain personal data is (sometimes) a requirement to be able to enjoy certain services (e.g. to gain access to certain parts of the Website, to subscribe to newsletters, to participate in certain activities and events, delivery of your online quote). In this respect, it shall be indicated which data must be provided mandatory and which data is optional.

How does KWARTS use your personal data?

KWARTS can use your personal data for the following purposes:

- Performance of the agreement with KWARTS (incl.follow-up thereof)
- Providing support/assistance (e.g. in case of problems)
- Drawing up a quote and/or issuing invoices
- Responding to questions (whether or not received through the contact form)
- Creation of an account and the confirmation thereof
- Optimising the quality, management and content of the Website
- Sending newsletters
- Creating statistics
- Conducting customer satisfaction surveys and other market research studies
- Optimizing the customer experience and journey on the Website
- Use of cookies, pixel tags and other technologies, as set out in the Cookie Policy on the Website

What is the legal basis for processing your personal data?

KWARTS can use your personal data for the following purposes:

Processing takes place on the following legal grounds, as the case may be:

- You have given consent to the processing of your personal data for one or more specific purposes
          - Marketing purposes such as sending newsletters
           - The use of cookies, pixel tags and other technologies (except for strictly necessary cookies)

- Processing is necessary for the performance of the agreement with KWARTS or in order to take steps at your request prior to entering into an agreement
            - Performance of the agreement with KWARTS (including follow-up)
            - Sending of quotes and/or issuing invoices
            - Providing support/assistance

- Processing is necessary for compliance with a legal obligation to which KWARTS is subject
            - Invoicing

- Processing is necessary in order to protect your vital interests or those of another natural person

- Processing is necessary for the performance of a task carried out in the public interest

- Processing is necessary for the purposes of the legitimate interests pursued by KWARTS or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, which require protection of personal data (in particular when you are a child)
          - Responding to questions(whether or not received through the contact form): at your request, KWARTSwill answer questions or                provide information through various channels(including e-mail, contact form and social media)
          - Marketing towards existing customers or leads: KWARTS respects the applicable regulations, whereby direct marketing e-mails              may only be sent if there is an existing customer relationship regarding similar products or services of KWARTS. You will always               have the possibility to unsubscribe to such marketing activity.
          - The use of strictly necessary and functional cookies on the Website: the use of these cookies is necessary for the functioning of                the Website for the purpose for which the visitor visits the Website
         - Conducting customer satisfaction surveys and other market research: KWARTS may invite customers to participate in customer               satisfaction surveys and other market research. Customer scan participate on their own initiative.

With whom is your personal data shared?

KWARTS shall not disclose your personal data to third parties, unless it is necessary in the context of performing the agreement and optimisation thereof (including but not limited to Salesforce and MailChimp). In this respect, your personal data may be disclosed to software providers, cloud partners and serviceproviders.

If it is necessary that KWARTS discloses your personal data to third parties, the third party concerned is required to use your personal data in accordance with the provisions of this Privacy Statement.

Notwithstanding the foregoing, it is however possible that KWARTS discloses your personal data:

- To the competent authorities (i) if KWARTS is obliged to do so under the law or under legal or future legal proceedings and (ii) to safeguard and defend our rights

- If KWARTS, or the majority of its assets, are taken over by a third party, in which case your personal data –which KWARTS has collected – shall be one of the transferred assets.

In all other cases, KWARTS will not sell, hire out or pass on your personal data to third parties, except when it (i)has obtained your permission to this end and (ii) has completed a data processing agreement with the third party in question, which contains the necessary guarantees regarding confidentiality and privacy compliance of your personal data.

Cross-border processing of personal data

Any transfer of personal data outside the European Economic Area (EEA) to a recipient whose domicile or registered office is in a country which does not fall under the adequacy decision enacted by the European Commission, shall be governed by the provisions of a data transfer / processing agreement, which shall contain (i) the standard contractual clauses, as referred to in the 'European Commission decision of 4June 2021 (Decision 2021/915)', or (ii)any other mechanism pursuant to privacy legislation, or any other regulations pertaining to the processing of personal data.

How long will your personal data be stored?

Unless a longer storage period is required or justified (i) by law or (ii)through compliance with another legal obligation, KWARTS shall only store your personal data for the period necessary to achieve and fulfil the purpose in question, as specified in the Privacy Statement under 'Use of personal data'.

What are your privacy rights?

In light of the processing of your personal data, you enjoy the following privacy rights:

- Right of access to your personal data
- Right to rectification, completion or update of your personal data
- Right to delete your personal data ('right to be forgotten'). (KWARTS wishes to point out that in this context certain services will no longer be accessible and/or can no longer be provided if you delete resp. request deletion of certain required personal data)
- Right to limit the processing of your personal data
- Right to transferability of your personal data
- Right to object to/oppose the processing of your personal data

If you wish to invoke your privacy rights please contact

In principle, you can exercise these rights free of charge via the above-mentioned form. In addition, you can always, via your personal account, update, modify and/or verify your personal data, which you were required to submit when creating your account.

If you no longer wish to receive newsletters or information about the products of KWARTS, you can unsubscribe at any time by clicking the "unsubscribe" button underneath each of KWARTS's emails.

Security of personal data

KWARTS undertakes to take reasonable, physical, technological and organisational precautions in order to avoid (i) unauthorised access to your personal information, and (ii) loss, abuse or alteration of your personal data.

KWARTS shall store all personal data, which it has collected onsite or in the cloud with data centres in the EU.

NotwithstandingKWARTS’s security policy, the checks it carries out and the actions it proposes in this context, an infallible level of security cannot be guaranteed. Since no method of transmission or forwarding over the internet, or any method of electronic storage is 100% secure, KWARTS is, in this context, not in a position to guarantee absolute security.

Finally, the security of your account will also partly depend on the confidentiality and complexity of your password. KWARTS will never ask for your password, meaning that you will never be required to communicate it personally. If you have nonetheless communicated your password to a third party – for example because this third party has indicated that it wishes to offer additional services -this third party shall have access to your account and your personal data via your password. In such cases, you are liable for the transactions which occur as a result of the use made of your account. KWARTS therefore strongly advises you, if you observe that someone has accessed your account, to immediately change your password and contact us.

Update Privacy Statement

KWARTSis entitled to update this Privacy Statement by posting a new version on theWebsite. As such, it is strongly recommended to regularly consult the Website and the page displaying the Privacy Statement, to make sure that you are aware of any changes.

References to other websites

TheWebsite may potentially contain hyperlinks to other websites. When you click on one of these links, you may be redirected to another website or internet source that could collect information about you through cookies or other technologies.KWARTS does not bear any responsibility, liability or control authority overthese other websites or internet resources, nor about their collection, use and disclosure of your personal data. You must check the privacy statements of these other websites and internet sources in order to be able to judge whether they act in accordance with the Privacy Legislation.

Contact KWARTS

If you have questions and/or remarks about this Privacy Statement or the manner in which KWARTS collects, uses and/or processes your personal data, please contact us:

- Via e-mail:
- Via post: KWARTS, 3500 Hasselt, Kempische Steenweg 303, box 200 (Belgium)

In case you are not satisfied with the way KWARTS handled your questions and/or remarks or have any complaints about the way KWARTS collects, uses and and/or processes your personal data, note that you have the right to lodge a complaint with the Data Protection Authority:

- Data Protection Authority(Gegevensbeschermingsautoriteit)
  Drukpersstraat 35, 1000 Brussel      
   Tel: +32 (0)2 274 48 00      
   E-mail: contact@apd-gba.b