When interacting with our team at Panenco, we may be required to collect personal information in order to fulfil our duties.
Privacy Policy
(Last updated at 24/05/2021)
1. Scope of application
Who are we?
Panenco BV, with registered office at 3001 LEUVEN, Kapeldreef 60 and with company number 0650.747.066 (hereinafter referred to as 'we' or 'us'). You can contact us via the following contact details: info@panenco.com

What is the purpose of these terms?
We want to assure that personal data will be handled by us in a confidential manner, in compliance with the existing and applicable legal provisions concerning the protection of personal data, including the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as 'GDPR') and the national implementing legislation.

In the following situations we may be required to collect your personal data:
  • During your visit to our website
  • When you take part in our online or offline events
  • When establishing new business relationships and maintaining existing ones
  • When you solicit for a position in our company
  • In the course of our joint digital product development trajectories
You will find more information as to the processing of your personal data in this privacy policy.
2. Clarification of the terms used
Personal data

For the purposes of this privacy policy, the concept of 'personal data' refers to: any information relating to an identified or identifiable natural person (the 'data subject').

Natural person

A natural person shall be deemed 'identifiable' if he or she can be identified on a direct or indirect basis, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Hence, all information on the basis whereof a natural person can be identified must be taken into account. I.e.: amongst others the person's name, date of birth, address, telephone number, e-mail address and IP-address are taken into account.

Processing

The term 'processing' has a broad scope and inter alia refers to the collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.
3. Person responsible for the processing of your personal data ("processor"):
Panenco carries the responsibility over your collected personal data as the "processor".
4. When do we collect personal data?
The moments on which we collect personal data include (non-exhaustively):

  • When we approach clients or engage in a client supplier relationship;
  • When we approach you as a supplier, you decide in become our supplier or show your interest to become our supplier or contact our supplier service;
  • When you register to our newsletter or leave your contact information on our website*;
  • Through cookies on our website;
  • When we build digital products for our clients/partners which require us to collect personal data in order to be able to fulfil our professional duties or to provide support.

*We make use of cookies when people visit our websites. Cookies are small files which contain certain information and which are saved on your tablet or mobile device to, inter alia, enhance the usability of our website in the most optimal manner. As such, we use functional cookies which facilitate the use of our website (by for example saving the language settings of our website). By using high-performing cookies, we can analyse whether you have frequented our website before, whether you are a returning visitor, and whether you are looking for different information on our website compared to your earlier visits. Thereby, we can also verify the location from where our website is being visited, and on which time and date such visit takes place. At any moment however, you can delete or switch off all cookies installed on your device through the settings of your browser. Please note that by altering cookie-settings, our website may not function properly anymore. For more information about 'cookies' in general, please visit the following website: www.allaboutcookies.org.

In principle, we do not aim to collect personal data regarding persons younger than 16 years old. Persons younger than 16 years old may not provide us with their personal data or they have to provide a statement of consent by the persons carrying the parental responsibility of such persons
5. What personal data do we process, why and on which legal basis?
The schedule below provides which categories of personal data are processed by us, why such personal data is being processed (the 'purposes') and on which legal basis such processing takes place.

The processing of personal data shall take place for one or more specific purposes. Furthermore, there is always a demonstrable legal basis for every processing of personal data. Legal basis had the following meaning:

  • Consent is given for the processing of personal data for one or more specific purposes
  • The processing of the personal data is necessary for the performance of a contract or for the delivery of agreed product objectives
  • The processing is necessary for the compliance with a legal obligation to which the controller is subject
  • The processing is necessary for the purposes of the legitimate interests pursued by the controller 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.
6. Categories of personal data
Identification – and contact details: username, e-mail address, choice of language, payment details, IP-address and IMEI-code (optional: surname, name, address, telephone number, fax number, date of birth).
Purposes:
  • Administration and execution of your order (client) or our order (supplier) (legal basis: B)
  • Execution of a contract or other agreement (including invoicing) (legal basis B)
  • Client service before, during and after sale and complaint handling (legal basis B)
  • Supplier service before, during and after sale and complaint handling (legal basis B)
  • Collecting product-feedback aiming at enhancing products and services (legal basis D)
  • To inform about our products and services through related communication (legal basis D)
  • To comply with legal, regulatory and administrative obligations (legal basis C)
  • To protect and safeguard our rights (legal basis D)
7. Your privacy rights
In order to give you more control regarding the processing of personal data, you have various rights at your disposal. These rights are inter alia discussed and provided in articles 15-22 GDPR. You have the following rights:

Right of access to the processed personal data (art. 15 GDPR):

You have the right to obtain our confirmation as to whether or not your personal data is being processed, and, where that is the case, to obtain access to the personal data and the following information:

  • The purposes of the processing
  • The categories of personal data concerned
  • The recipients or categories of the recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
  • The right to lodge a complaint with a supervisory authority
  • The existence of automated decision-making

In the event that we cannot provide you access to the personal data (for example in the event of a legal obligation to restrict the data subject from access to such information), we shall inform you of the reasons for such an inability.

Furthermore, you can also request a copy of the personal data undergoing processing free of charge. Please note however, that we are entitled to charge reasonable fees based on administrative costs for each additional copy you request.

The right to be forgotten or to request erasure of personal data (art. 17 GDPR):

In certain instances, you may request us to erase your personal data. Be aware however that under such circumstance, we might not be able to fully fulfil our duties or obligations any longer. Furthermore, we ask you to bear in mind that the 'right to be forgotten' is not an absolute right. We shall have the right to continue to store your personal data, inter alia, in the following cases:

  • where such storage is necessary for the performance of a contract to which you are a contracting party,
  • where such storage is necessary for compliance with a legal obligation, or
  • where such storage is necessary for the establishment, exercise or defence of legal claims.

We shall inform you of the reasons for the storage of your personal data in our response to your request of erasure.

The right to rectification (art. 16 GDPR):

In the event that your personal data are inaccurate, dated or incomplete, you can request us to rectify or complete your personal data.

The right to data portability (art. 20 GDPR):

Under certain conditions, you shall also have the right to request us to transmit the personal data you provided us with and for which you have given us your consent, to another controller. We shall transmit such personal data directly to the new controller in so far as such transmission is technically feasible.

Right to restriction of processing (art. 18 GDPR):

You shall have the right to obtain the restriction of processing where one of the following applies:

  • You contest the accuracy of the personal data (in such an event the use of the personal data shall be limited for a period enabling us to verify the accuracy of the personal data);
  • The processing of the personal data is unlawful;
  • We no longer need the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims;
  • Pending the verification whether the legitimate grounds for the processing of the personal data override those of the data subject, you may request us to limit the usage of the personal data.
The right to object (art. 21 GDPR):

You have the right to object, on grounds relating to your particular situation, the processing of your personal data in case that such processing is done for the performance of a task carried out in the public interest or for the purposes of the legitimate interests pursued by us. In such an event, we shall no longer process the personal data unless:

  • there are compelling legitimate grounds for processing which override your interests, rights and freedoms, or
  • the processing of the personal data is done for the establishment, exercise or defence of legal claims.

Automate individual decision-making, including profiling (art. 22 GDPR):

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or which may significantly affect you in a similar manner.

Such right can however not be invoked in the following circumstances:

  • If the decision is authorised by law (for example: in order to prevent tax fraud);
  • If the decision is based on the data subject's explicit consent;
  • If the decision is necessary for entering into, or performance of, a contract between the data subject and the data controller (note that in such instances, we shall always make a case by case assessment of whether less privacy intrusive methods can be applied to facilitate the entry into, or performance of the contract).

The right to withdraw your consent (art. 7 AVG):

Where the processing of personal data is based on consent, you shall have the right to withdraw such consent at any time through a simple request.
8. The exercise of your rights
To exercise any of the rights listed above, you can contact us via e-mail on the following e-mail address: info@panenco.com. In order to verify your identity, we ask you to attach a copy of the front side of your ID-card to your e-mail.

All rights can be exercised free of charge, unless your request is manifestly unfounded or disproportionate (for example: due to the repetitive character of your request). In such cases, we have the right to charge you with a proportional fee or to refuse to adhere to your request.
9. Transfer of data to third parties
Your personal data shall only be transferred to third parties in conformity with the legal provisions in that regard, when you have provided us with your consent to do so, or when such transfer is necessary to ensure the provision of our services (on the basis of our legitimate interests). No personal data shall be transferred to third parties under any other circumstances, unless we are obligated to do so on the basis of compulsory legal or regulatory provisions (e.g.: the transfer of personal data to external bodies or authorities, such as law enforcement authorities).
10. Categories of recipients
We see to it that the personal data shall only be accessible within our company to those persons who require access to the personal data in order to comply with the contractual and legal obligations.

In some circumstances, our employees and staff are assisted by external service providers in the execution of their tasks. In order to protect your personal data, we have concluded an agreement with all such external service providers in order to guarantee the safe, respectful and cautious management and administration of your personal data.
11. Transfer of data to third countries
Your personal data shall only be transferred or disclosed to processors or controllers in third countries in so far as we are legally authorised to do so.

In so far as such disclosure or transfer is necessary, we shall take appropriate measures to ensure that your personal data shall be significantly protected and that all disclosures or transfers of personal data outside of the EEA take place in a lawful and legitimate manner. In the event that a disclosure or transfer takes place to a country outside of the EEA, for which the European Commission has not determined that this country does not maintain an equivalent level of protection of the personal data, such disclosure or transfer shall always be subject to contractual or other legally binding instruments which under the terms and conditions for the transfer of personal data to third countries, such as the approved standard terms and provisions for the transfer of personal data to third countries as established by the European Commission. You can consult the approved standard terms and provisions of the European Commission.
12. Protection of your personal data
We have taken all reasonable and suitable technical and organizational measures in order to protect your personal data as well as possible against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. As such, we store your personal data on one central and secured place on our server in order to ensure that third parties shall not have access to your personal data.
13. Storage of personal data
We store your personal data for the period of time necessary for achieving the purpose for which such personal data is processed. Please note that we must take into account a number of (legal) storage periods (time limits) which oblige us to continue to store your personal data. In the event that no obligation or duty to store the personal data exists, the personal data shall be erased and destroyed on a routine basis once the purpose for which the personal data is collected has been achieved.

Furthermore, we may store your personal data if you have given us your consent to do so or where such storage is necessary for the establishment, exercise or defence of legal claims. In this last instance, certain personal data shall be used for evidence purposes. Such personal data shall therefore be stored in line with the legal prescription period, which can amount up to a period of thirty years; the usual, habitual prescription period regarding personal legal claims amounts up to a period of ten years.
14. Complaints
We aim to take all necessary measures in order to guarantee the protection of your personal data. Should you have a complaint regarding the manner in which your personal data is processed, please feel free to contact us. We shall try to live up to your expectations and meet your concerns as soon as practically possible.

You may also file your complaint to the supervisory authority for personal data protection. The authority assigned to supervise our organisation is the Data Protection Authority.
    Amendments

    In order to take action on the basis of your feedback or to clarify changes made in our processing activities, this privacy policy may be amended from time to time. Therefore, we invite you to consult the latest version of this policy on our website as the single source of truth.

    Do you have any further questions?

    Please feel free to contact us via e-mail: info@panenco.com.