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Conditions
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- DEFINITIONS
In these general terms and conditions the following terms shall have the following meanings:
- "AVG or GDPR"EU Regulation 2016/679 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;
- "Services": all activities carried out by VanRoey.be for or on behalf of Customer, whether or not in connection with the delivery of Products within the framework of an Agreement.
- “Down-Time": Time that Online Services are unavailable.
- "Offer"and/or "Project Proposal": the order or order form drawn up by VanRoey.be, or proposal for an Agreement, which is signed by the Client and on the basis of which the order for Products and/or Services is placed.
- "Client or Customer"Every legal entity with whom VanRoey.be concludes an Agreement or is still in negotiation with regard to the delivery of Products and/or the provision of Services.
- "Agreement or Contract"Every Agreement between VanRoey.be and Client, every "Change Request" or supplement thereto, as well as all (legal) acts in preparation and/or execution of that Agreement.
- "Force Majeure.": Any circumstance beyond the reasonable control of a Party that prevents that Party from performing its obligations under the Agreement, including fire, flood, earthquake or other natural disaster, acts of war or terrorism, riots, governmental orders, governmental intervention, poor financial or economic condition of a Party as a result of a pandemic, partial immobilization or interruption of its systems by hackers or viruses, total or partial Internet stagnation, and the failure of a third party involved in the performance of the Agreement that is not a subcontractor of the Supplier (e.g., the failure of the Supplier to perform its obligations under the Agreement). Microsoft, Telenet, ...)
- "Party"Client or VanRoey.be.
- "Products": all hardware, equipment, goods, parts, materials of third parties that VanRoey.be supplies as part of a Service or that Customer purchases from VanRoey.be.
- "Resources": The resources made available to the Principal under the Agreement as reflected in the signed Quote or Project Proposal, supplemented by Change Request(s) as appropriate.
- "VanRoey.be"Van Roey Automation NV, a company incorporated under Belgian law with registered office in Belgium at Steenweg op Antwerpen 101, 2300 Turnhout, registered under VAT BE 0457.553.651.
- "Web sales": sales via e-commerce platforms such as Webstore.be or VanRoey.be or " Customerportal" in which the Customer places orders or orders himself online.
- "Change Request or Change Request.": The request by a party to amend the Deliverables and/or Services, set out in a "Statement of Work" or SOW. The template provided by VanRoey.be must be used for this purpose.
- SCOPE
- These terms and conditions shall apply to all offers, quotations/project proposals, agreements, deliveries, transport and invoicing originating from VanRoey.be, and to all agreements between VanRoey.be on the one hand and the Client on the other, insofar as they have not been expressly deviated from in writing. These terms and conditions shall always take precedence over the terms and conditions of any other contracting party or third party, unless and only insofar as expressly agreed otherwise between the parties.
- Per individual Product, or per individual Service, special conditions with product- or service-specific provisions as well as contract terms may also apply, in case of conflict between these General Terms and Conditions and the special conditions of the product- or service-specific contract, the special conditions shall prevail over the General Terms and Conditions.
- In the event that the Client wishes to use the Products and/or Services of VanRoey.be for non-professional use, it must inform the Client thereof in advance and in writing. If the Client fails to give prior notice, it shall irrevocably be regarded as a professional user, acting in the context of its professional activities, regardless of whether or not it has a VAT number.
- All offers and quotations of VanRoey.be, as well as the information provided by VanRoey.be, are always without obligation, are only valid for information purposes and do not bind VanRoey.be. Unless expressly agreed otherwise, the prices stated in offers are valid for thirty (30) days from the date of the offer.
- An order/assignment from the Client shall only be contractually binding on VanRoey.be if VanRoey.be has expressly accepted its contents in writing. On the part of the Client, any order/assignment shall immediately constitute a contractually binding offer, even before its written acceptance by VanRoey.be. The use and/or storage by the Client of any Product or the performance of Services by or with the knowledge of the Client shall constitute sufficient proof of the order by the Client, acceptance of these General Terms and Conditions and permission to invoice the Products and/or Services concerned.
- The parties recognize that the performance of an Agreement will depend on their cooperation they must therefore provide all information reasonably requested of them. Failure to provide such cooperation and information will affect the performance of the Agreement. The Parties will clearly agree among themselves who will act as contact person for each Party. Parties undertake to ensure that the contact information they provide is always up to date. If there are any changes to this information, Parties are obliged to communicate this as soon as possible.
- DURING
- If the Agreement concluded between the Parties is a term agreement, the Agreement shall be for the term agreed between the Parties, failing which the term shall be one (1) year.
- The duration of the Agreement shall be tacitly extended in each case for the duration of the period originally agreed upon, unless a Party terminates the Agreement in writing with due observance of a notice period of three (3) months prior to the end of the period in question, provided that no third party is involved to which a different notice period applies.
- If during the term of the Agreement, as a result of a decision by the Customer, the agreed volumes (of Services) are changed or the agreed volumes (of Services) are not achieved so that the performance of the Agreement becomes unprofitable for VanRoey.be, VanRoey.be shall be entitled to amend or unilaterally terminate the Agreement, without compensation and with due observance of a notice period of (6) six months.
- SPECIFICATIONS/ PERSONNEL
- VanRoey.be reserves the right to make changes and additions at any time to the product specifications previously communicated by it or the proposed services if these are the result of the technical evolution of the Products/Services or economic conditions. In the event of a change to the product specifications, VanRoey.be guarantees that the functionalities and performances of the delivered Product or Service will be as equivalent as possible.
- VanRoey.be reserves the right to determine which employees are assigned to an assignment, as well as to replace these employees during the assignment. In accordance with Article 31 §1 of the Act of 24 July 1987 on temporary work, temporary employment and the posting of employees to users, Client, its employees or agents may not give instructions to employees of VanRoey.be and must refrain from exercising any form of authority over the employees of VanRoey.be.
- REJECTION BAN
- Client undertakes not to directly or indirectly hire or appoint employees or former employees of VanRoey.be or its subsidiaries or sister companies as consultants. This provision applies both during the Agreement and for a period of twenty-four (24) months after the expiry of the Agreement. The period provided for in the Agreement shall be decisive for this purpose.
- In the event of breach of this clause, Client shall pay VanRoey.be liquidated damages equal to 12 months' gross salary of the employee or former employee, as the latter was paid by VanRoey.be.
- PRICES AND TARIFFS
- The prices of VanRoey.be are based on the values of wages and materials, foreign currency exchange rates, import duties, levies and taxes applicable at the time of the offer/quotation.
The prices for the paid Services are determined in the offer and/or in the service agreement between VanRoey.be and the Client. They are expressed in euros or in the currency agreed between the parties. Prices are determined on the basis of an hourly/ daily rate that may vary according to the level of Services to be provided.For standard working hours, being Monday to Friday from 08-18h, a rate of 100% applies. Outside standard working hours, an overtime rate applies. A rate of 150% applies on Monday to Friday from 18-22h and on Saturday from 08-22h. A rate of 200% applies on all days from 22-8h and on Sundays and public holidays. Execution of work is preferably done during standard working hours. Outside standard working hours, overtime applies. Overtime is always billable. A daily rate applies to an average working day of 8 hours performed during standard working hours.
The prices are set Ex Works. VAT and other taxes or levies, costs for communication, translation, training, transport and accommodation, and in general demonstrable advances, are not included in budgeted prices or rates, unless explicitly stated otherwise.
Costs for rush orders, urgent deliveries or interventions shall always be borne by the Client. All additional deliveries of Services, performed by VanRoey.be at the request of the Client, shall be invoiced immediately, separately to the Client at the rates generally applicable at the time. Each delivery of Products or Services must be seen as a separate transaction. Consequently, promotions relating to that delivery do not affect previous or future deliveries, unless expressly agreed otherwise.
- In the case of Agreements longer than one (1) year, VanRoey.be prices apply for a maximum of one (1) calendar year. For all Agreements, the prices may be adjusted annually on 1 January in accordance with the provisions of the Economic Recovery Act of 30 March 1976 in function of parameters representing the underlying real costs, including but not limited to the evolution of wages.
- VanRoey.be reserves the right to modify the prices of its Products and Services. When the delivery of all Products and/or Services does not take place at the time of concluding the Contract, the price indicated may be modified by VanRoey.be if one or more of the composite cost elements change, for example in the event of a price increase by the manufacturer or supplier. If, as a result, the price increases by 20% or more, the Client may terminate the contract by registered letter within five (5) working days of the announcement of the new price, without any right to compensation, for those Products that must be delivered after the new price takes effect. Any sums already paid will be refunded. If the Client does not react within the aforementioned period of five (5) working days, this shall imply its agreement to the delivery at the adjusted prices.
Managed services, maintenance contracts and other recurring fees performed by VanRoey.be or solutions whose IP is owned by VanRoey.be are indexed annually based on the following formula: New Amount = Old Amount x (0.2 + 0.8 x (New Index/Initial Index))Old amount here stands for amount at the beginning of the contractual period prior to the entry into force of the indexation. The index referred to in this formula is the "Agoria Wage Costs Index PC 200 (national average)", called the Agoria wage index PC200. This indexation does not relate to the offer of VanRoey.be's suppliers so that any price fluctuations by suppliers may be passed on to the Client at any time.
Software licenses, Services and Products of which the IP is owned by third parties will be adjusted in accordance with the standard annual pricing arrangements of such third parties.
A price adjustment based on the above formula does not give the Client the right to terminate the Agreement without notice.
- In the event that a fundamental change in economic circumstances (such as, but not limited to, changes in exchange rates, market scarcity, etc.) results in VanRoey.be incurring an unreasonable or disproportionate burden for the performance of the Agreement, the parties will renegotiate in order to jointly agree on an equitable amendment to the Agreement.
- In the event of cancellation of the order by the Customer, irrespective of the reason for cancellation, VanRoey.be shall charge the full amount of the costs already incurred in the context of the cancelled order, with a minimum of 25% of the total order value of the cancelled order.
- The prices of VanRoey.be are based on the values of wages and materials, foreign currency exchange rates, import duties, levies and taxes applicable at the time of the offer/quotation.
- CONTACT MOMENTS
- The Services will take place through a number of contact moments throughout the current contract year. These contact moments will be determined by mutual agreement between the Client and VanRoey.be.
- These contact moments must take place within the current contract year and therefore cannot be carried over to the following contract year. If one of the contact moments cannot be scheduled within the relevant contract year, this shall under no circumstances give rise to a credit. The Parties undertake to take the necessary measures to have the contact moments take place on time.
- If a contact moment cannot take place due to circumstances, the Client is obliged to inform VanRoey.be of this in time, at the latest 48 (forty-eight) hours/ 2 (two) working days in advance. The parties will then, in mutual consultation, schedule a new date, which must also take place within the current contract year.
- If the Client fails to timely inform VanRoey.be of the fact that the contact moment cannot take place, the Client will have to pay a fixed compensation of 80 (eighty)% of the applicable daily fee. In this case, the contact moment will also be lost outright, and no new date will be sought.
- DELIVERY
- The delivery of Products and Services by VanRoey.be takes place Ex Works. The risks associated with the solutions delivered shall pass to the Client at the time of delivery. The Client insures the risks at its own expense.
- The delivery dates set by VanRoey.be are indicative and are not binding on VanRoey.be. All schedules, deadlines and delivery dates provided by VanRoey.be have been drawn up on the basis of assumptions that VanRoey.be takes into account. Delays in delivery do not entitle VanRoey.be to compensation or to dissolve the Agreement. The execution depends on a number of uncertain factors and these time schedules, deadlines and/or delivery dates are therefore indicative.
- In the event of delivery of Products, the Client must immediately state all deviations (more or less) relating to the correct number of packages and the existence of transport damage on the carrier's order list upon receipt. By signing off the order list without additional information, the Client confirms his agreement with the receipt of the correct number of packages and the absence of transport damage. The absence of a box or transport packaging upon delivery is considered as a defect. A defect shall only be borne by VanRoey.be on condition that the Customer mentions the absence of a box or transport packaging on the transporter's order list. Complaints regarding the contents of transport packaging must be reported in writing within 24 hours of delivery, after which VanRoey.be shall investigate the complaint. In the event of an unfounded complaint, VanRoey.be reserves the right to refuse subsequent delivery / replacement. All delivered Products must be received by the carrier at the time of the offer.
- Furnishing and adapting the place(s) where the Products and/or Services are provided shall be at the expense of the Client, who shall be liable for all damage to equipment and/or software, as well as for additional costs incurred by VanRoey.be as a result of failure to perform in a timely manner, incorrectly or inadequately.
- If the Client purchases and collects the Products from one of our offices, the signing of the invoice or another document shall constitute acceptance of the Products in the condition in which they are.
- In the case of shipping to the Client, for example in the case of Web sales, the Client, will owe the shipping costs to VanRoey.be if the amount of the products and services purchased is less than €100, excluding VAT.
- Payment for the Products and Services delivered shall constitute acceptance by the Customer of the conforming delivery.
- USAGE RIGHTS AND LICENCES
- The amount owed by Customer for the right of use of the application software developed by VanRoey.be relates to the user licence and to the legal maintenance of the application. However, this does not include the adjustments to the legislation applicable to the software, which are so far-reaching that the architecture of the software has to be fundamentally adapted, or where various software modules have to be largely rewritten. In such cases, a separate provision will be drawn up. The costs of such adaptations may be charged to the Client.
- Maintenance costs do not include the complete reprogramming of applications due to changed technological conditions.
- As part of the Life Cycle Management of certain solutions, such as specific software applications, VanRoey.be retains the right to discontinue its support over time.
- The Client will always be notified if the support of a solution, which he uses, is discontinued. In doing so, VanRoey.be shall respect a reasonable notice period.
- Client acknowledges that the use of Microsoft products is subject to Microsoft's license and use terms https://www.microsoft.com/licensing/docs/customeragreement. The Client must therefore comply with these terms and conditions.
- If the Client orders Microsoft Licences, the Client can only change or cancel this order on the same working day, provided that the Client informs VanRoey.be thereof at the latest at 4 p.m. on the working day of the order.
- The ordered licenses are considered a firm commitment from the next day and cannot be cancelled or reduced during the term of the contract. The Client is responsible for passing on his/her order correctly. VanRoey.be bears no responsibility whatsoever for the quantities incorrectly communicated by the Client.
- If the Client enters into a contract for a specific term (e.g., 1 year) and chooses monthly billing, the Client will be required to pay a termination fee equal to the monthly fee multiplied by the number of months remaining in the original contract term upon any interim termination of the licenses.
- INSTALLATIONS AND INTERVENTIONS
- Unless agreed otherwise in writing, the Client shall take care of the installation of the Products itself. In the event of installation by VanRoey.be, the Client shall provide all the facilities necessary for the performance of the services (such as, among other things, free access to the Products and the products connected therewith, documentation for making the diagnosis, electric power, telephone, presence of the Client or of a person appointed by the Client who uses the Products personally and is aware of the Client's needs, etc.). VanRoey.be will separately invoice any installation that cannot be carried out due to the lack of the aforementioned facilities.
- PAYMENT
- All payments must be made within thirty (30) days of the invoice date, unless another term of payment is provided on the invoice, without any deduction or set-off, unless otherwise agreed in writing.
All current and future taxes and additional levies and costs, of whatever nature, related to the execution of the assignment are at the expense of the Client.
- By default, invoices will always be delivered electronically via the delivery platform chosen by the Client. If the Client nevertheless wishes to deliver his invoice on paper, this is only possible if explicitly requested in writing to factuur@vanroey.be.
- Invoices must be disputed within a period of eight (8) weekdays from their date of issue, otherwise they will be deemed accepted. If part of an invoice is disputed in good faith, the undisputed portion shall be paid immediately. After settlement of the dispute, all amounts due to VanRoey.be shall be paid to VanRoey.be, including the interest mentioned below, from the day on which the amounts were due.
- In the event of non-payment on the due date, default interest of eight (8) % per annum shall be due on the invoice amount, ipso jure and without prior notice of default, from the due date until the day of full payment. Moreover, in case of non-payment, a fixed compensation of ten (10) % of the principal amount, including VAT, shall be due, ipso jure and without prior notice of default, subject to a higher compensation if a greater damage is demonstrated. All relevant collection costs incurred by VanRoey.be as a result of late payment shall be borne by Client.
- Payment of invoices may not be made dependent on the activation of the delivered Products.
- If Services are suspended due to late payment, Customer shall not be able to claim any compensation on account of VanRoey.be. In this case, Customer shall also indemnify VanRoey.be against any claim from third parties as a result of this suspension.
- RETENTION OF TITLE
- Ownership of the delivered Products shall only pass to the Customer when the latter has fulfilled all his obligations towards VanRoey.be. The transfer of ownership shall therefore only take place after payment of all claims arising from the commercial relationship with the Buyer. As long as the ownership of the delivered Products has not been transferred to the Client, the latter is not entitled to alienate, pledge or encumber the delivered Products with a right in rem.
- SOFTWARE INTELLECTUAL PROPERTY
- VanRoey.be can supply three forms of software applications:
- Software owned by third parties
- Standard software owned by VanRoey.be
- Tailor-made software developed by VanRoey.be for Customer.
- The intellectual property rights, of whatever nature, which are disclosed by VanRoey.be to the Client in the context of the execution of the order, remain the property of VanRoey.be or the third party supplier. The Client guarantees that all documentation and information provided by it to VanRoey.be with a view to the execution of the order and its use is free of intellectual property rights of third parties, and indemnifies VanRoey.be against any loss, damage, costs, expenses or other claims arising from an infringement of the intellectual property rights of third parties.
Customer acknowledges that the intellectual property rights of whatever nature relating to the generic knowledge and know-how made available by VanRoey.be during the execution of the order are the property of VanRoey.be or third party suppliers and remain its property. Customer receives a non-transferable and non-exclusive right to use the software, under the conditions of the software developer. Customer does not have the right to make adjustments or changes to the software, nor to distribute the software to third parties or have it used by third parties, even if he has the source code. The Client shall only use the software for its internal business operations, and shall not sublicense, distribute or otherwise make the software available to a third party, a partner or related company or controlling company.
- Unless expressly agreed otherwise, the intellectual property rights to the results of the order shall remain the property of VanRoey.be. Even if agreed otherwise, the intellectual property rights to the results of the order shall only be transferred at the time of full payment of all invoices relating to this order.
- In the event software owned by third parties is purchased directly by Customer from the third party supplier or is supplied by VanRoey.be, the terms of delivery, licences, guarantees, conditions of support and other contact conditions imposed by the third party supplier shall apply. VanRoey.be shall not accept any additional obligations in this respect. The Customer must take note of these terms and conditions in good time, which he accepts and signs.
- Unless expressly provided otherwise in a Special Agreement, a license price does not include any delivery costs, installation costs, training, special documentation or any other services related to the software. If VanRoey.be installs software under a Special Contract, it shall be deemed to have been accepted upon termination of the installation.
- BREAKING
- In the event that the Agreement is unilaterally terminated by Customer, he shall owe VanRoey.be compensation equal to 25% of the agreed price subject to a higher compensation when higher damage is demonstrated. This notwithstanding the right of VanRoey.be to claim higher compensation on the basis of the product specific Agreement.
- Parties may terminate the Agreement after notice of default and subject to a reasonable period of notice if:
- the other party is declared bankrupt
- the other Party is placed under provisional administration
- Products are seized by third parties
- In the event of non-payment, VanRoey.be shall also be entitled, without notice of default and by operation of law, to suspend all further deliveries to the Customer and/or to declare the current Agreements dissolved, and to have the delivered products collected immediately at the Customer's expense and to claim compensation for damages.
- In the event of Force Majeure, the parties will have the right to temporarily suspend their obligations.
- ACCEPTANCE AND WARRANTY
- A complaint or protest against the invoice can only be considered if it is made in writing within a period of eight (8) days from the invoice date. All Products, works and Services are deemed to be accepted by the Client upon their delivery.
- Any warranty due to hidden or hidden defects of Products is limited to the replacement or repair of the defective merchandise, as guaranteed by the manufacturer. No other indemnity or reimbursement of costs or interest may be claimed in addition.
- Consumables such as batteries, cartridges/toner are excluded from warranty.
- All Products supplied by VanRoey.be are covered by the manufacturer's warranty. During this period, the Products may, in the event of non-functioning, be exchanged in accordance with the manufacturer's terms and conditions. These Products must always be returned by the buyer in their original packaging and together with the original proofs of purchase. If the Products are found not to be defective after inspection by the manufacturer, the Client must reimburse VanRoey.be for the costs incurred by VanRoey.be.
- Services shall be deemed accepted if the delivered Services are not disputed within a period of five (5) business days. This provision applies unless the service specific Agreement has a different acceptance mechanism.
- Software solutions of which the IP is owned by VanRoey.be have the following warranty conditions: VanRoey.be devotes appropriate care to the development of the software, on the understanding that software is intended for use by multiple users and is therefore of a general nature. VanRoey.be guarantees that the software is delivered with normal professional care in a diligent and competent manner, and that the software will function in accordance with the documentation. The correction, within reasonable and commercially feasible limits, of any non-conformity with this guarantee is the only obligation of VanRoey.be provided that Customer notifies VanRoey.be in a sufficiently clear and written manner, with all necessary screenshots, within thirty (30) days after the software is delivered or within thirty (30) days after successful completion of the acceptance tests, if applicable. This guarantee does not apply in the event of incorrect use of the software or unauthorised modifications, or any other causes that constitute a foreign cause for VanRoey.be. VanRoey.be does not guarantee and is not responsible for the operation of products or services supplied by third parties and which are not sold by VanRoey.be, nor their compatibility or integration, nor for any information provided in this respect.
- The following items are never covered by the warranty. The interventions as a result of any cause external to the delivered goods, such as, among others:
- incorrect or abnormal use or operation, negligence on the part of the Client, defects in the electronic installation, overvoltage, failure by the Client to comply with local specifications;
- any maintenance or adjustment by persons not authorised by vanRoey.be in writing in advance;
- irregular operation of equipment to which the delivered products were connected;
- any return of Products to our address without our written consent;
In all these cases, in addition to the time and costs spent on them, spare parts will also be invoiced at the rates and prices applicable at that time.
- RESPONSIBILITIES
- The Parties recognise that the success of work in the field of information and communication technology depends on proper cooperation between them. The Client shall always provide all reasonable cooperation required by VanRoey.be in a timely manner.
- In order to enable VanRoey.be to execute the Agreement properly, the Client shall always provide all data or information reasonably required by VanRoey.be in a timely manner. The Client guarantees the correctness and completeness of the information provided to VanRoey.be.
The Client shall provide VanRoey.be with all information which they know or should have known is necessary for the execution of the Agreement by VanRoey.be.
- Customer bears the risk of selecting the Products and/or Services to be delivered by VanRoey.be.
- LIMITATION OF LIABILITY AND INDEMNITY
- If one of the Parties fails to fulfil one or more of its obligations under the Agreement, the other Party shall declare it to be in default by operation of law. The notice of default shall be given in writing and the defaulting Party shall be granted a reasonable period of at least thirty (30) days to still fulfil its obligations. The notice of default must contain as complete and detailed a description of the default as possible so that the other Party is able to respond adequately.
- The Party that imputably fails to fulfil its obligation(s) shall be liable to the other Party for compensation of the damage suffered or to be suffered by the other Party. The occurrence of any right to compensation is always subject to the condition that the Party suffering damage reports the damage in writing to the Party that is in default as soon as possible after the occurrence thereof. Any claim for compensation shall lapse by the mere expiry of twelve (12) months after the claim has arisen.
- VanRoey.be shall under no circumstances be liable for any damage relating to the use of the Products it has delivered or of the information and/or documentation relating to them, nor for any other damage which is not the direct and immediate consequence of an error by VanRoey.be, such as, but not limited to, communication costs, loss of earnings, claims by third parties, loss of data, damage and/or defects due to materials or information provided by the Client or by third parties.
- Unless expressly agreed otherwise, the Services provided by VanRoey.be shall be obligation of means. The Client is responsible for the accuracy and completeness of the information it provides. VanRoey.be can only be held liable for its own grave error in the performance of the Services.
- In no event shall VanRoey.be be liable for defects in the materials, hardware or software in which the Products it provides were implemented by or on the instructions of the Client.
- VanRoey.be's liability in respect of direct damage shall be limited to repair in kind. If recovery in kind is no longer possible, VanRoey.be's liability shall be limited to the amount covered in the relevant case by the insurance BA operation and/or BA after delivery of VanRoey.be. If, for any reason whatsoever, no cover can be invoked under the BA operations and/or BA after delivery insurance, any liability claim in principal, interest and costs shall be limited to half of the amount paid by the Client for the services sold under the relevant Agreement, during a period of three (3) months prior to the claim in question. Under no circumstances shall the total compensation for direct damage under any Agreement exceed EUR 50,000.
- Customer declares to have been fully informed by VanRoey.be of the characteristics, operation, possibilities and limitations of use of the equipment and/or software, as well as of the problems of adaptation, integration and expansion that may occur, and waives any claim against VanRoey.be in this respect.
- When VanRoey.be installs or performs connectivity to the outside world, VanRoey.be can under no circumstances be held responsible for the quality of the connection, for the consequences of the use of these connections, nor for "hacking", misuse of information, damage or loss of data, nor for the content of the website(s) of the Customer, nor for its conformity with existing legislation and regulations.
- Costs charged by third parties cannot be recovered from VanRoey.be in any way unless prior written agreement has been made.
- The parties indemnify each other against claims that services and/or applications infringe the intellectual property rights of third parties.
- CONFIDENTIALITY
- As part of the provision of services, the parties will come into contact with each other's confidential information. The parties are therefore obliged to observe strict confidentiality with regard to all confidential information they obtain through the execution of the Agreement, both during the execution of the Agreement and after the termination of the Agreement.
- The parties guarantee and undertake to comply with this confidentiality obligation by everyone for whom they are responsible.
- This provision shall not apply to information:
- which is part of the public domain or literature, other than by reason of the negligence of the other party;
- received from a bona fide independent third party who is not bound by an obligation of confidentiality with respect to such information.
- RECONSTRUCTION OF DATA AND PROGRAMMES AND DATA PROTECTION
- The Client is solely responsible for setting up procedures that allow it to reconstruct lost or modified files, data or programs at any time, regardless of the cause of the loss or modification. The Client must at least at all times have the necessary back-up copies of its computer programs, files and data at its disposal.
- With regard to theft of encryption or loss of data, the responsibility of VanRoey.be shall be limited to installing security technology if the Client orders it from VanRoey.be. VanRoey.be can never be held liable for damage caused by third parties in the Client's system.
- In those cases where the Agreement includes the processing of personal data and VanRoey.be will act as processor, the following processing agreement will apply: https://www.vanroey.be/voorwaarden/#tab6
- JURISDICTION AND APPLICABLE LAW
- These General Terms and Conditions and all Agreements between VanRoey.be and the Customer shall be governed exclusively by Belgian law. The application of the Vienna Sales Convention is excluded.
- Disputes between Parties that are not settled within five (5) Business Days shall be promptly submitted to the management of both Parties in order to obtain a management decision. Disputes that are not settled by the management within fifteen (15) Business Days shall, at the request of the most diligent Party, be settled by the competent courts of the district of Antwerp, department Turnhout.
- In urgent cases, each Party always has the right to apply to the Court of Antwerp for an interim injunction.
- OTHER PROVISIONS
- If one or more articles of the Agreement should be invalid or otherwise non-binding, this shall not affect the validity of the remaining articles of the Agreement. Parties will then, if necessary in joint consultation, as much as permissible, in the spirit of the intention of the invalid or non-binding articles comply with the Agreement. Furthermore, the Parties will then, if necessary in joint consultation, adjust the Agreement as far as necessary, in the sense that the non-binding articles will be replaced by provisions that are binding and differ as little as possible from the non-binding articles in question.
- The Agreement contains all agreements between the Parties relating to the Agreement and supersedes all previous written and oral agreements made by the Parties in this respect.
- VanRoey.be reserves the right to change these terms and conditions at any time. It is therefore up to the Client to check these terms and conditions regularly.
These terms and conditions were last updated on 01/07/2023
Agreement on the use of this site
GENERAL
By visiting the website www.vanroey.be the user tacitly agrees to the following terms and conditions of use.
2: INFORMATION
The term "information" is understood to mean: All possible data, knowledge and information, provided by any means and in any form, including images, graphics, products, services, layout, software, music, sound, photographs ... This description is not exhaustive and also includes all possible other items.
3. INTELLECTUAL PROPERTY RIGHTS
- All information provided on www.vanroey.be is covered by all possible intellectual property rights (such as copyrights, drawings and models, the right to databases, ...), Copyright © 2007 Van Roey. All rights reserved.
- The users of the website www.vanroey.be acknowledge and accept that all information is and remains the exclusive property of Van Roey and its respective content providers.
- The distribution, sale, reproduction, publication, adaptation, adaptation, translation or use for commercial purposes of any information whatsoever, whether digital, on paper or in any other way, is strictly prohibited without the prior written consent of Van Roey Automation.
- Some names, signs, brands or logos appearing on the website www.vanroey.be or the sites of its content providers are registered and thus protected trademarks.
4. USE OF THE WEBSITE
The use of www.vanroey.be is limited to personal and non-commercial purposes. Any commercialisation of the information provided, in whatever form, is strictly prohibited.
5. LIMITATION OF LIABILITY
www.vanroey.be tries to make all information as reliable as possible, and tries to check its sources as closely as possible, as well as to keep the data as up-to-date as possible. Despite all our care, www.vanroey.be cannot be held liable for, among other things:
- The correctness, completeness or suitability of the information made available to the users on www.vanroey.be, even if this has serious consequences, even if they have been informed in the meantime;
- The good outcome of any tips and/or advice given by www.vanroey.be or its content providers;
- Any direct, indirect, incidental damage or any other damage resulting from the use of the website www.vanroey.be or the impossibility of using it. In particular, Van Roey cannot be held liable for damage suffered as a result of a loss of use or of data obtained via www.vanroey.be or its content providers;
- The malfunctions, errors or interruptions in the electronic publications of www.vanroey.be and in those of its content providers;
- The infringements committed by third parties via the services and information offered on www.vanroey.be or its content providers. The aforementioned list is not exhaustive and extends to all possible liabilities to which www.vanroey.be can be held. If you do not agree with these terms of use, you have any right of recourse in not using the website www.vanroey.be.
6. HYPERLINKS
In order to promote the convenience of its users, www.vanroey.be offers hyperlinks that are managed by third parties. These are examined as much as possible before being linked to www.vanroey.be However, www.vanroey.be cannot be held liable either for the content, or for the availability, or for the damage that may result from the use of these.
7. UNAUTHORISED OR PROHIBITED USE
By using the website www.vanroey.be, the user undertakes under no circumstances to use this site for illegal or unauthorised purposes. For example, the user undertakes:
- Respect all intellectual rights, both those of Van Roey Automation and those of third parties;
- To respect all human rights, in particular the right to a private life;
- Refrain from uploading or downloading any information that is unlawful, harmful, racist, obscene, sexist or for any other reason objectionable;
- No unauthorized advertising or publicity;
- No files infected with viruses, corrupted files or any other software or programs capable of damaging the operation of another computer, upload;
- Do not send or post unsolicited messages;
- Refrain from cracking, damaging or hacking the system of www.vanroey.be or any other system accessible via the Internet;
- Not to violate national or international laws.
8. RESTRICTION OF ACCESS
www.vanroey.be reserves the right to deny any user access to all or part of this website, and to the linked www.vanroey.be sites, unilaterally and without prior notice, for any reason whatsoever.
9. MODIFICATION OF THE PRESENT CONDITIONS AND PROVISIONS
www.vanroey.be reserves the right to change the terms, conditions and warnings under which this website is offered to you. As a user, you are therefore obliged to read the general terms and conditions of use each time you visit the site.
10. CONTACT
You can contact us at info@vanroey.be.
PRIVACY
www.vanroey.be attaches great importance to maintaining a confidential relationship between users and www.vanroey.be itself, which is why www.vanroey.be complies with the provisions of the law of 8 December 1992 on the protection of privacy with regard to the automatic registration of personal data, as amended by the law of 11 December 1998. Van Roey also respects the principles of the European Data Convention of 28 January 1981. www.vanroey.be collects data from its users for the following purposes:
- Delivery of the newsletter of www.vanroey.be;
- Promotional actions and marketing: offering information about products and services. However, the user reserves at all times a free right to object to the use of his/her personal data for marketing purposes via e-mail to winkel@vanroey.be;
- The possible implementation of market studies;
- External use of the data: www.vanroey.be may pass on or resell the personal data of its users to third parties. These third parties are carefully selected by www.vanroey.be Each user reserves the right to refuse this service by following the instructions that www.vanroey.be will provide you with;
- Collection of data for internal affairs: management of the website www.vanroey.be , profile analysis of the users of www.vanroey.be in order to better align the website www.vanroey.be with its visitors;
- The use of 'cookies': miniscule pieces of information that are stored in the browser of your PC, which can only be read by the person who created the cookies. www.vanroey.be can possibly use these cookies, for example to make the use of the site easier or for administrative purposes. You can prevent the creation of such cookies by means of an appropriate configuration of your computer. Further instructions can also be found in the help function of your browser.
Any user with whom Van Roey has access to personal data may, subject to proof of identity (by means of a copy of the identity card) and a written, dated and signed request, contact winkel@vanroey.be for a written communication of his/her personal data, as well as for the modification of incomplete or incorrect data; in accordance with the law, the communication of the requested personal data within 45 days; for more general information, the Commission for the Protection of Privacy can also be contacted at any time at the Ministry of Justice, avenue de Waterloo 115, 1000 Brussels (02-542.02).
FINAL PROVISION
These general terms and conditions of use are governed by the laws of Belgium. You hereby acknowledge that any dispute arising out of or in connection with the use of this site or any of the linked sites shall be submitted to the jurisdiction of the courts of Brussels (Belgium).
13. ELECTRONIC INVOICING
Invoices will be delivered electronically via the delivery platform chosen by the customer. If the customer wishes to have his invoice delivered on paper, this can be done by simple request to admin@vanroey.be
Privacy: your data is safe with us
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Your privacy is very important to us. In order to keep the collected data safe, VanRoey.be takes the necessary measures to protect your data. Through this statement we give you clear and transparent information about the collected data, how it will be used and with whom the information may be shared.
This privacy statement should be viewed in conjunction with our terms of use and cookie policy. VanRoey.be will regularly update its Privacy Statement and make the most recent version available online at https://www.vanroey.be/voorwaarden.
This Privacy Statement has been reviewed and last updated on 18/09/2019.
Contact details and Data Protection Officer
This Privacy Statement applies to the collection, management, use and sharing of your information by VanRoey.be.
Personal data may be passed on to any legal successors and associated companies for the same purposes as mentioned in this Privacy Statement, and your data may be handled by different departments within VanRoey.be, depending on the stated objective (e.g. accounting, marketing or sales department); for some aspects of the service we work with third parties or use subcontractors; the transfer of your data only takes place for the same purposes as at Van Roey Backoffice BVBA itself, and we see to it that these parties manage your data safely and respectfully.
In order to provide the best possible service, your data may exceptionally also be shared with external processors. If we do this, we will ensure that your data is processed and used confidentially and in a secure manner.
It is possible that your personal data may be shared with international institutions. By using our services, you give your explicit permission to share your data with these institutions. Of course, we also ensure that data is processed in accordance with our objectives and that data is not shared or processed in an unlawful manner.
In order to protect your data, a data protection officer has been appointed within the organisation. This position is filled in by Mr. Hoefkens Kristof, Kempenlaan 2, B-2300 Turnhout. You can contact him at the following e-mail address: privacy@vanroey.be.
Objective of processing and legal bases
This privacy statement applies when you, as a customer, supplier or in any other capacity, have contact with the various services of VanRoey.be.
Your data may be processed for a number of different purposes, including:
- Purchase/sale: of goods and/or services.
- Customer management: Informing customers, managing customer information with a CRM system.
- Direct marketing: to provide you with targeted communications, event information, promotions, offers and other advertisements.
- Supplier management: requesting information from suppliers, managing supplier information
- Staffing: Informing the client and candidate.
- (Financial) administration: handling your payments, in order to comply with legal obligations.
The following legal grounds apply to these processing operations:
- Permission: The permission will mainly be used in the context of Direct Marketing. In order to keep you informed about offers and promotions by e-mail, we need your permission. If you do not receive it yet, you can register via our website: https://www.vanroey.be/nieuwsbrief.
In those cases where your personal data are processed on the basis of your explicit consent, you can revoke your consent at any time, in which case we will stop the processing. Please note that if we are not allowed to process your personal data, certain services may not be able to provide you with further information.
- Preparation and implementation of the agreement: In order to bring the agreements entered into to a successful conclusion and to provide a correct service, it is necessary that we process certain personal data, such as your contact details and financial data.
- Legal obligation: Under applicable law, under certain circumstances we are obliged to process and store your personal data for a certain period of time, such as legal obligations in connection with invoicing.
- Justifiable interest: In this case, where your data is collected in a way other than in accordance with the consent, we process the data according to the legitimate interest of the data controller. Our legitimate interest relates to the optimisation of our service, in which case we do not process more data than is strictly necessary and we respect your rights to the protection of your personal data.
Categories of personal data
We process your personal data in the context of the aforementioned purposes, in which case we will only process the personal data that are necessary for the stated purpose. VanRoey.be undertakes not to use these data in a way that is contrary to these purposes or to this privacy statement.
For the above purposes, we may request, store and process the following personal data from you:
- Ordinary categories of personal data: Within the framework of the stated objectives, we will process ordinary categories of personal data. These include, but are not limited to, your contact details such as surname, first name, address, telephone number, e-mail address, etc.
- Behavioral data: In order to achieve certain objectives, we will, to a limited extent, process the behavioural data of our customers, such as, for example, the purchasing behaviour of customers. In this way, we prevent e-mails from being sent to a target group that is completely uninterested in certain products or services.
- Financial data: In order to ensure correct invoicing, it is necessary for us to process certain financial data of our customers. This generally includes company data such as SWIFT code, BIC code, bank name and account number. However, for both company data and financial data relating to natural persons, we give these data a special protection.
The personal data that are processed on your behalf are obtained directly from you as the data subject and, in order to perform certain services, more data may be requested. We undertake to process only those data that are necessary for the services provided to us and under no circumstances will special categories of personal data be processed; if you, as the data subject, provide us with such personal data yourself (as the data controller), we will assume explicit consent to be able to process them.
4. Protection of your data
In order to protect your personal data and privacy to the maximum, VanRoey.be takes all possible organizational and technical measures to protect it against unauthorized access, theft, accidental loss, manipulation or destruction. A team of Network Security Engineers is responsible for the security of our IT infrastructure and our employees are trained to handle confidential data correctly.
Should a data leak nevertheless occur, with unfavourable consequences for your personal data, you will be informed personally by the circumstances provided for in the law.
5. Viewing, correcting or having data deleted
As required by law, you have the right to access your data. You can ask us if we process personal data about you; what we process it for; what categories of data we process; what categories of third parties we share your personal data with; what is the origin of the data processed and what is the logic we use if we would process certain personal data automatically.
You can exercise your right of access in writing by sending an e-mail to privacy@vanroey.beYour request will be answered no later than 30 days after receipt and provided that you have received all required information. In order to exercise your right of access and to prevent any unauthorised disclosure of your personal data, we may ask you to provide proof of your identity.
You also have the right to have incomplete, erroneous, inappropriate or outdated personal data removed or changed, for which you can always contact us by e-mail; we will then amend this information within the statutory deadlines if necessary; please note that sometimes, depending on your request, we are no longer able to offer you some services; as certain data are required by law to be kept for a specific period of time, not all of the requested data can always be removed.
In order to keep the information up to date, we ask you to report any changes to us.
6. Right to image
It is customary for us to make video or video recordings of those present at events. Every time we do so, we also take all measures to ensure that we respect your right to your image at all times. We therefore wish to inform you thoroughly about this so that you are aware of this possibility, and so that you know what you can do in this respect.
We would like to inform you that if you participate in an event organised by a company of the Van Roey ICT Group, there is a possibility that an image or video recording of you will be made, which can then be used as atmospheric images on our website or via social media. by participating in these events, you give us the explicit permission to make these images and to actually use or publish them, and we will always show the necessary respect for your personal life atmosphere.
If you don't want to be on a photo, you are always free to inform the photographer and he will take this into account.
If we publish a photo with you on it, and you object to this, you can always contact our Marketing Department at the following e-mail address marketing@vanroey.beIn this case, we will take the necessary steps to ensure that this is rectified as soon as possible. In order to comply with this right, we must of course be able to identify you, so please provide the necessary information so that we can deal with your objection as quickly as possible.
This possibility is of course without prejudice to your rights as provided in the previous privacy statement. You can also contact our privacy officers at any time.
privacy@vanroey.be.
7. Marketing Automation
VanRoey.be uses marketing automation to keep track of which pages on our website are visited, and which articles are looked at. In this context, only the IP address of the visitor will be registered, this processing will take place on the basis of the legitimate interest of our company, and the data in this way will not be further linked to other personal data.
Marketing cookies are only installed as soon as the visitor has given his/her explicit consent. Further data will only be linked as soon as the visitor fills in his/her data on one of the forms on our website. Based on this double consent, we try to protect the rights and freedoms of our visitors as much as possible.
These cookies are installed for a period of 1 year, after the visitor has given his/her consent. The data will not be kept longer than necessary for the purpose we have set.
8. Retention period
Data from customers, suppliers and other involved parties will not be kept longer than necessary. In doing so, we assess the necessity and take into account the legal obligations to which VanRoey.be is subject.
When personal data is archived, we respect the applicable legal and administrative requirements and we monitor the use of this personal data in our processing processes.
Questions
If you have any questions about our privacy policy or if you would like to change your details, please do not hesitate to contact us. Our team of specialists and lawyers are ready to provide you with a suitable answer. If you have a complaint, you can also report it using the contact details below.
If you are not satisfied with the answer you received, you can also contact the Data protection authorityContact details can be found on their website.
Cookie Statement
This cookie policy regulates the use of cookies and similar technologies as part of your visit to our website and the associated services. The data is collected, managed, used and shared by VAN ROEY BACKOFFICE BVBA, located in Antwerpseweg 116H - 2440 Geel, registered in the CBE under number BE 0835.288.675, which acts as an umbrella organisation for the following companies:
- Van Roey Automation NV
- Service center Webstore BVBA
- Data Center Kempen BVBA
Cookies are small files that are stored on your device's hard drive and contain certain information, some of which may contain personal data. When you use our website or services, we also collect and process personal information other than that obtained through cookies and similar technologies. If you would like to know more about this, please feel free to contact us. privacy policy consult.
Cookies
When you visit and/or use our website, we place cookies or similar technologies with which we collect and process data (including personal data) about you. The cookies and similar technologies consist of:
_ga | Statistical | Registration of a unique ID used by Google Analytics for data collection. | 24 months |
_gid | Statistical | Registration of a unique ID used by Google Analytics for data collection. | 24 hours |
_gcl | Statistical | Registration of conversions by Google Adwords | 30 days |
cookieconsent_status | Functional | Identify the permission to place marketing cookies. | 12 months |
_cfduid | Marketing | Cookie from ActiveCampaign to tag the user anonymously. | 365 days |
cd_pubnub_visitor | Functional | Live chat | Session |
site_visit_time | Functional | Live chat | Session |
visit_count | Functional | Live chat | Session |
c_user | Marketing | Registration of a unique ID used by Facebook for data collection and marketing purposes. | 3 months |
Fr | Marketing | Cookie from Facebook to offer advertised products. | 3 months |
BizoID | Marketing | Cookie used by LinkedIn | 179 days |
UserMatchHistory | Marketing | Cookie used by LinkedIn | 179 days |
IDE | Marketing | Collects demographic properties and reports advertising information. | 354 days |
NID | Marketing | Registration of unique ID for targeted ads | 6 months |
prism | Marketing | Cookie used by ActiveCampaign. | 30 days |
SL_C_23361dd035530 | Statistical | Cookie from Smartlook to collect anonymized qualitative data | 365 days |
Chrome: http://support.google.com/chrome/bin/answer.py?hl=nl&answer=95647You can prevent the installation of cookies by adjusting your browser settings. You can remove the cookies already installed from your device at any time. You can find more information about this via the link behind your browser.
- Firefox: http://support.mozilla.org/nl/kb/cookies-in-en-uitschakelen-websites-voorkeuren?redirectlocale=nl&redirectslug=Cookies+in-+en+uitschakelen
- Internet Explorer: https://support.microsoft.com/nl-be/help/17479/windows-internet-explorer-11-change-security-privacy-settings
- Edge: https://support.microsoft.com/nl-be/help/10607/microsoft-edge-view-delete-browser-history
- Safari: http://support.apple.com/kb/PH5042
- Opera: https://www.opera.com/help/tutorials/security/privacy/
When you reject or uninstall cookies, certain applications may not work properly. If you want the site to function properly, but do not want marketing cookies to be placed, you can always configure a 'Do Not Track' request in your browser. All our marketing cookies respect your request.
- Chrome: Go to settings and click advanced settings. Scroll to the privacy section and select "Do Not Track".
- Chrome mobile: Go to settings and then go to the privacy section and turn on "Do Not Track".
- Firefox: Select Preferences>Privacy and check the checkbox " Do Not Track".
- Internet Explorer: Click the Tools button, then click Internet Options > Advanced. Select "Always Do not send Track Header".
- Edge: Go to settings and click advanced settings, then turn on "Send Do Not Track request".
- Safari: Go to Preferences>Privacy and check the checkbox "Ask website not to follow me".
- Opera: Click Preferences > Advanced > Security and select "Ask Websites not to follow me".
Our contact information:
- E-mail address: privacy@vanroey.be
- Address: VanRoey.be - Kempenlaan 2, 2300 Turnhout
- Telephone: 014 470 605
Email disclaimer
The information in this e-mail is confidential and intended only for the addressee(s) indicated in the message. If you are not the addressee, we ask you to inform the sender and destroy the original and any copies unread. Disclosure, reproduction, distribution and/or provision of the information received in the e-mail to third parties is not permitted.
VanRoey.be is not responsible for the correct and complete transmission of the information in this medium or any delay in its receipt. VanRoey.be cannot guarantee that this email is free of viruses, or that it was sent without the unauthorized intervention of a third party.
VanRoey.be cannot give any guarantee or guarantee with regard to the correctness and/or completeness of the information in the e-mail message and can therefore not assume any obligations. VanRoey.be is obliged to exclude liability for direct and/or consequential damage resulting from the use of, or reliance on, this e-mail message and/or the content thereof.
No rights can be derived from this message - including the appendices - unless otherwise agreed in writing. Legally binding obligations can only be the result of a written document, signed by authorised representatives.
Processing agreement
- In the performance of the Services, the Client VanRoey.be give access to personal data. This Processing Agreement shall apply whenever VanRoey.be acts as a processor.
VanRoey.be undertakes to process these personal data only insofar as this is necessary for the performance of the Services. In doing so, the VanRoey.be always comply with its obligations as set out in the General Data Protection Regulation. (AVG)comply.
- If the Client request information that falls outside the scope of the Services, the VanRoey.be th Client point that out. In these cases VanRoey.be therefore not communicate this information to the Clientif this would constitute a violation of the AVG. VanRoey.be will be the Client inform about this.
- In the context of the Services, the Client act as the Processor. VanRoey.be will act as Processor. The Parties must therefore each fulfil their respective obligations, as provided for in the AVG...to live up to.
- The following provisions apply to data processing byVanRoey.be.
ART. 1 - GENERAL
- As ProcessorVanRoey.beprocess, among others, the following types of personal data, addresses and financial data of third parties, contact data of customers,... .
- The Processing of personal data will concern the personal data of the following categories of data subjects, Employees, customers, suppliers, etc.
- The data will only be processed in order to carry out the Servicesor within the framework of legal obligations of the Client or from VanRoey.be. The data shall be processed for the entire duration of th servicesor for as long as such processing is necessary in the context of legal obligations of the Client or from VanRoey.be. If VanRoey.be must process the data on the basis of a statutory obligation, it will Client immediately, unless the VanRoey.be is not legally allowed to do this to the Client to tell us.
- VanRoey.be will process the data on the basis of the written instructions from the Client.
ART. 2 - SUB-PROCESSORS:
- You Client gives VanRoey.be a general permission to use sub-processors. If the Client ask for this will VanRoey.be th Client inform about the sub-processors used by them under this Agreement.
- If VanRoey.be makes any changes to this sub-processors will VanRoey.be th Client notify them of this. The Client can make reasonable arguments against the change of these sub-processor. In this case, the Client VanRoey.bewithin 10 days of the notification, of its reasonable objections.
You Client has the possibility to make a sub-processor to refuse. If this refusal results in the Services not carried out kunnen will be VanRoey.be th Client inform the other party in this regard. The Agreement will then be dissolved, without giving rise to compensation on the part of either Party.
- The fact that VanRoey.be entrusts all or part of its undertakings to third parties shall not relieve it of its responsibility for the Client.
- When VanRoey.be a sub-processor is switched on, these sub-processor imposed similar data protection obligations to those contained in this Agreement.
ART. 3 - CONFIDENTIALITY
- VanRoey.be undertakes to take all reasonable measures to strictly limit access to the Personal Data to those employees or appointees and/or subcontractors who necessarily need to know the Personal Data in the context of the execution of the Servicesor to comply with applicable regulations.
- The Controller acknowledges that the Personal Data may be disclosed to Affiliates of the Processor to the extent necessary in connection with the performance of the Servicesor to comply with applicable regulations.
ART. 4 - SECURITY OF PERSONAL DATA
- The Parties guarantee that they will take, and continue to take, the appropriate technical and organizational measures to secure the personal data.
- VanRoey.be takes, among other things, the following technical and organisational measures. This list serves as an example and will under no circumstances be exhaustive:
- Data Protection Policy
- Information Security Policy
- Data breach procedure
- Awareness program
- Antivirus
- Firewall
- Access control
- Two factor authentication
- Registered DPO: Kristof Hoefkens (kristof.hoefkens@vanroey.be)
- …
ART. 5 - INFORMATION AND ASSISTANCE
- VanRoey.be will meet the reasonable requests of the Client in connection with the exercise of the rights of the persons concerned.
- You Client is at all times obliged to comply with its own obligations under the AVG, or any other privacy law. If the Client is himself better placed to meet the request in question, he shall VanRoey.be th Client inform about this. If the Client then still VanRoey.be asks for this obligation to be met will VanRoey.be can charge a reasonable fee for this to the Client. VanRoey.be will be the Client, prior on the implementation, of the request inform about the compensation, and the reasons why they believe it should be charged.
- If VanRoey.be receives a request from a data subject to exercise his rights, in connection with the Serviceswill VanRoey.be th Client immediately of this. VanRoey.be shall not, under any circumstances, respond to such a request without having received prior instructions from the Client.
- VanRoey.be will be the Client immediately if they consider that the instructions of the Client constitute a violation of the AVG, or any other data protection regulation.
ART. 6 - AUDIT
- You Client shall have the right at any time to suspend compliance with this processoroagreement. To this end, it shall have the right to enter any premises or places where VanRoey.be carries out the processing.
- VanRoey.be the access of the Client to the Processor's premises to an area that is designated by VanRoey.be is provided for and the auditor may not obtain any documents from the VanRoey.be copy or remove without the prior approval and consent of VanRoey.be.
- If the Client wishes to carry out such an audit, he shall VanRoey.be inform the client in good time, at least 1 month before the desired date of the audit.
- You Client ensures that the audit is carried out in such a way as to the nuisance for the purpose of VanRoey.be and its operations to a minimum. Should the Client proposed date for the audit would create too many practical difficulties for VanRoey.be will VanRoey.be th Client inform them in time, and at the latest within a period of seven (7) days. The Parties shall then agree on an alternative date, as close as possible to the date initially proposed.
- Such audit shall not occur more frequently than one (1) time per contract year.
- You Clientwill impose sufficient confidentiality obligations on the auditors. In addition VanRoey.be the right to require the auditors to sign a confidentiality agreement before the start of the audit, in a form set out by VanRoey.be. In all cases, it is essential to protect the confidential information of VanRoey.be to protect.
- All costs of the audit shall be borne solely by the Client.
ART. 7 - PERSONAL DATA BREACH
- VanRoey.be informs the Client promptly without unreasonable delay, as soon as it becomes aware of a Personal Data Breach.
- VanRoey.be informs the Client after any notification pursuant to Article 7.1. about further developments regarding the Personal Data Breach.
- The parties shall each bear the costs they incur in connection with the notification to the competent Supervisory Authority and the data subject.
- Insofar as the preparation of the notification VanRoey.be unnecessary burdens, has VanRoey.be the right to be paid for his assistance by the Client to be compensated according to the hourly rates of VanRoey.be. VanRoey.be will be the Client contact before calculating this fee. VanRoey.be shall indicate why, in their opinion, this fee should be charged.
ART.8 - REMOVAL OR RETURN OF DATA
- Upon termination of this Agreement, the Client the choice of having the data deleted, or returned, by VanRoey.be. Afterwards the data will be deleted by VanRoey.beunless there is a legal obligation VanRoey.be peace to keep this data even longer.