Privacy Policy – Customers and Suppliers

Privacy Policy – Customers and Suppliers

Effective date: This Privacy Policy was updated on 17 May 2018 and is effective as of that date.

General

All companies of the Ardo Group (“Ardo” or “we” or “us”) are committed to act in a professional way with its customers and suppliers. As part of such commitment, Ardo values the protection and correct usage of Personal Data. A list of all companies can be found here.

Depending on which company of Ardo you deal with, such company shall act as the (joint) controller of the Personal Data gathered about which shall be processed in accordance with this Privacy Policy.

Please read this Privacy Policy to understand the types of information Ardo collects (i.e. information relating to identified or identifiable individuals) ("Personal Data"), for which purposes we use such Personal Data, with whom we may share it, and the rights and choices available to you regarding our use of your Personal Data. This Privacy Policy also describes how your Personal Data are secured and how you can contact us about our privacy practices.

By providing us with your Personal Data, you confirm that you have read and that you understand the way we collect, process, use and disclose your Personal Data as described in this Privacy Policy.

Please note that before using or submitting Personal Data, you might be asked to confirm electronically your acceptance of this Privacy Policy by ticking specific box(es) and/or clicking on a "SEND" or similar button. Your affirmative action in ticking that box and/or clicking on that button and your use of this Website signify that you agree to the collection, processing, use and transfer of your Personal Data as described in this Privacy Policy. Such acceptance and agreement shall be deemed to be as effective and in writing as if you would subscribe this Privacy Policy by your hand signature and this Privacy Policy shall be deemed to satisfy any writing requirement under any applicable law, independently of the fact that it is submitted to you and accepted electronically. Our records of your acceptance of this Privacy Policy, the date thereof, and of all future amendments to this Privacy Policy, shall be regarded as conclusive and written evidence of your consent.

1. For which purposes does Ardo collect Personal Data?

* Your Personal Data will be processed because the processing is necessary for the entering, or taking steps to enter into a contract with you at your request and/or to (further) execute a contract (Article 6, 1., (b) of the GDPR, as of 25 May 2018).

* If you have authorized us to do so, we can also use your details to amongst others approach you by email, telephone or post with news on Ardo products and offers (receive notices, newsletters or electronic mails or general information on Ardo or related products). You can withdraw your consent at any time by contacting DPO@ardo.com.
Your personal data will be processed based your consent (Article 6, 1, (a) of the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”) as of 25 May 2018).

* We can use your Personal Data to fulfil other legitimate purposes disclosed to you at the time you provide your Personal Data.
Your Personal Data will be processed because the processing is necessary for the purposes of the legitimate interests pursued by Ardo, our affiliates or other third parties (such as existing or potential business partners, suppliers, customers, end-customers, governmental bodies, or courts) and such interests are not overridden by your interests or fundamental rights and freedoms Article 6, 1., (f) of the GDPR, as of 25 May 2018).

* We can use your details as permitted or required to comply with applicable laws and regulation to which we are subject.
Your personal data will be processed because the processing is necessary for compliance with a legal obligation Article 6, 1., (c) of the GDPR, as of 25 May 2018).

We shall obtain your prior express consent (opt-in) for the above-listed purposes where required under applicable law.

To the extent sensitive data are processed by Ardo, such will be done in accordance with the GDPR and any relevant applicable laws and regulations of the relevant Member States.

2. To whom can Ardo provide Personal Data?

We do not sell or otherwise disclose Personal Data you provide us or we collect about you, except as described below or with your prior express consent.
It may be necessary to share your Personal Data with:
- affiliated companies for the purposes described in this Privacy Policy, primarily for business and operational purposes; a list of Ardo's affiliated companies is available here;

- in the event of a merger, acquisition, sale of assets, joint venture, or any other transaction that results in a change in control or ownership of Ardo, in whole or in part; or in the event of a corporate reorganization, bankruptcy, insolvency proceeding, or similar circumstance, if permitted by and done in accordance with applicable law; or

- third party services providers and suppliers acting on our behalf and under our instructions, that provide services to us such as web-related services, advertising or analytics, so that we can supply a product or service you ordered/requested from us, to administer web servers and to store information on back-up disks.

Ardo shall not provide your Personal Data to other third parties without obtaining your prior permission, unless it is required to do so under a statutory provision or court order. In particular, Ardo may disclose your Personal Data in the following circumstances:

• to respond to authorized information requests from law enforcement authorities or judiciary or when otherwise required or permitted by law;
• to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to this Website or the public.

These recipients may be located in countries other than the country in which your Personal Data was originally collected. These recipients may also be located in Canada, Costa Rica, China, Russia, USA and India, which include countries outside the EEA that are not covered by an adequacy decision of the European Commission and are therefore not recognized as providing an adequate level of protection of personal data. In any case, Ardo will only transfer Personal Data to recipients that provide an adequate level of data protection or as permitted by Data Protection Laws by implementing appropriate safeguards, including, but not limited to, relevant data transfer agreements based on the EU Commission Standard Contractual Clauses for the transfer of data to third countries (Article 46, 2., (c) of the GDPR as of 25 May 2018). A copy of these appropriate safeguards may be obtained from DPO@Ardo.com (see further contact details in section 8 below).

Only a limited number of individuals within Ardo (e.g. individuals in sales, support, legal, finance, IT and accounting departments, as well as certain managers with assigned responsibility) will be granted access to your Personal Data on a need to know basis.

3. Which Personal Data can Ardo collect and process?

Information you provide

Ardo collects Personal Data about you (i.e. any information that relates to you as an identified or identifiable individual), such as your name, your e-mail address, your telephone number and your preferences and interests or any other information you voluntarily wish to share with Ardo namely when we conduct business with you, when you respond to questionnaires, forms or surveys or communicate with us or take part in interactive features.

Automatic Information Collection

Subject to your consent where required by law, we and our third-party service providers may use a variety of technologies that collect and provide information about how the Ardo Website is accessed and used. Such Information may consist of your internet browser type, operating system, service provider, the webpages you viewed, the time you viewed them and for how long, demographic information about you (such as your age, gender, language, location and interest areas, where available) and what webpages you looked at before viewing the current page. We use this information to get a better idea of how our users interact with our Website and then tailor and improve our Website accordingly. Such information generally cannot be linked to you individually, but if we can link it to you then we treat it as your Personal Data in accordance with this Privacy Policy.

Certain information is gathered by means of cookies. Ardo uses cookies and similar technologies on our Website as described in our Cookies Policy. By clicking "ok" button on the Ardo Cookie Banner, you are agreeing to our use of cookies and similar technologies in line with your current cookie setting and in accordance with our Cookie Policy. If you do not agree to our use of cookies in this way, you should set your browser settings accordingly. You will always be able to withdraw your consent and change your choice by amending your browser settings in the future. If you disable cookies that we use, this may impact your user experience while on this Website.

4. How does Ardo protect your Personal Data?

Ardo takes – and requires that any service provider and/or third party processor processing Personal Data on behalf and under the instructions of Ardo takes – appropriate technical and organizational measures to protect your Personal Data against accidental or unlawful destruction or accidental loss, misuse, unauthorized access, disclosure, alteration or destruction, and against any other unlawful form of processing of information as defined by the applicable law.

5. What rights do you have?

Under applicable Data Protection Laws, you have the following rights (under the conditions set out in applicable Data Protection Laws): (i) to access personal data Ardo holds about you, (ii) to request rectification, supplementation or erasure of personal data about you, (iii) to request Ardo to restrict the collection, processing or use of personal data about you, (iv) in certain circumstances, to object for legitimate reasons to the processing of your personal data (including the right to object, upon request and free of charge, to the processing of personal data for direct marketing purposes), (v) to request data portability, and (vi) to know the identities of third parties to which your personal data are transferred. You also have the right to lodge a complaint with the competent supervisory authority. Ardo shall respond to such requests (in writing) within four weeks.

If you want to exercise your rights under applicable law, or for more details and questions relating to Ardo's data processing activities, please contact us by sending a dated and signed request to us, together with a copy of your valid ID card or any other valid identification document, at our address above or via e-mail to the address set out below under Section 8.

6. Can this privacy statement be changed?

Except to the extent limited by applicable law, Ardo may decide at any time - at its discretion - to change, modify, and/or add all or parts of this privacy policy in the future as permitted by law. Any change to this Privacy Policy will be posted on this page and, notified to you by e-mail (where appropriate or required by law and to the extent that we have your e-mail address). We will indicate above the date on which this Privacy Policy was last modified.

7. How long do we keep your Personal Data?

Personal Data will not be kept for longer than reasonably necessary for the purposes identified herein, for up to ten years after the end of your contractual relationship with Ardo (if any), unless shorter or longer retention periods apply under applicable law.

8. Who can you contact with questions and requests?

If you have any questions on Ardo's privacy policy, or to exercise your rights under applicable law, please contact us by email at DPO@ardo.com or at the contact address below:

Ardo Coordination Center N.V.
Attn. Data Protection Officer
Wezestraat 61
8850 Ardooie
Belgium

Final provision

This Privacy Policy is subject to Belgian law. All possible disputes resulting from this, without prejudice to your statutory rights under applicable law, are presented to the competent court in Bruges.