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PRIVACY STATEMENT AND COOKIE POLICY

Updated on the 2nd of January 2023

I. Parties and subject

BYGG BV
Ambachtenstraat 33, 8870 Izegem

KBO/BTW: BE 0792.657.274
Email: info@bygg.be
‍Phone: +32 498 26 78 14

Hereinafter referred to as “BYGG” or the “Controller”

1.                     BYGG provides this statement (hereinafter referred to as the "Privacy Statement"), the purpose of which is to inform Users (as defined below) in a transparent manner about the website operated at the following address: www.bygg.be (hereinafter referred to as the "Site") and about the way personal data are collected and processed by BYGG.

2.         The term "User(s)" refers to any user, whether a natural or legal person, who visits or interacts in any way with the Site.

3.         In its capacity as Controller, BYGG determines all the technical, legal and organizational means as well as the purposes for processing the Users' personal data. BYGG agrees to take all necessary measures to ensure that the processing of the personal data is done in accordance with the law of July 30th, 2018 on the protection of natural persons with regard to the processing of personal data(hereinafter referred to as the "Law") and the Regulation (EU)2016/679 of the European Parliament and of the Council of April 27th, 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 Directive95/46/EC (i.e. the General Data Protection Regulation (GDPR); hereinafter referred to as the "Regulation").

4.         BYGG is free to choose any natural person or legal entity to process the Users' personal data at its request and on its behalf (hereinafter referred to as the "Processor"). In such case, BYGG agrees to select a Processor that provides sufficient guarantees regarding the technical and organizational measures for the processing of personal data, in each case in accordance with the Law and the Regulation.

II. Processing of personal data

5.         The visit and use of the Site by the Users may result in the collection of personal data. The processing of this data by BYGG, in its capacity as Controller, or by Processors, asservice providers acting in the name and on behalf of BYGG, is always carried out in accordance with the Law and the Regulation.

6.         Personal data is processed by BYGG in accordance with the purposes stated in the following provision, through the following methods:

  1. BYGG may, when and to the extent permitted by the Law and the Regulation, collect Users' personal data from public databases, social media or marketing database owners, which help BYGG to update, improve the quality and complete Users' personal data, in particular to help BYGG better understand which goods interest Users; 
  2. When a User visits the Site, BYGG also collects personal data, particularly when Users fill out forms to inquire about a real estate project;
  3. BYGG also automatically collects personal data through the use of Cookies (as defined below) and similar technologies;
  4. Thus BYGG collects personal data in the following cases:
  5. When the User fills out forms through the Site or other BYGG channels;
  6. When the User enters into an agreement with BYGG for the purpose of purchasing property or selling a product or service;
  7. When the User contacts BYGG, e.g. when writing to BYGG's customer service;
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  9. Automatically on the Site through the use of Cookies (as defined below) and similartechnologies, in line with BYGG's cookie policy as set forth in Article IX etseq. of this Privacy Statement.

III. Purpose of processing personal data

7.         In accordance with Article 13 of the Regulation, the purposes of processing personal data are communicated to the Users. These purposes are the following:  

  1. Ensuring the follow-up of information requests;
  2. Calling or e-mailing the User when necessary to carry out BYGG's services; 
  3. Informing the User about BYGG's services and products, in line with his/her stated communication preferences;
  4. Sending the User marketing materials, in line with his/her stated communication preferences;
  5. Detecting, establishing and following up on crimes (e.g. (billing) fraud);
  6. The enforcement of legal claims and management of disputes as well as the defense in the event of legal proceedings.

IV. Personal data that may be processed

8.         The User agrees that, during the visit and use of the Site, BYGG collects and processes the following personal data:

  1. Name and first name;
  2. Phone number;
  3. E-mail address;
  4. Informationregarding the real estate or projects in which the User is interested.

V. Consent

9.         BYGG collects and processes this personal data in accordance with the terms and principles described in this Privacy Statement.

10.       By accessing and using the Site, the User declares that he/she has given his/her free, specific, informed and unambiguous consent to the processing of his/her personal data.This agreement covers the contents of the Privacy Statement. 

11.       Consent is given by the positive and active act by which the User has checked the box for the PrivacyStatement in 'hypertext link'. This consent is an essential condition for the performance of certain actions on the Site or to provide the User to enter into a contractual relationship with BYGG. Any agreement linking BYGG on the one hand and a User on the other hand regarding the services and goods offered on the Site is subject to the Users' acceptance of the Privacy Statement. 

12.       The User agrees that BYGG, in accordance with the terms and principles outlined in this Privacy Statement, collects and processes his/her personal data that he/she provides on the Site or in connection with the services offered by BYGG for the purposes stated above. 

13.       The User has the right to withdraw his/her consent at any time. The withdrawal of this consent does not affect the lawfulness of the processing based on the prior consent.

VI. Retention period of the Users’ personal data

14.       In accordance with Article 13(2) of the Regulation, BYGG, in its capacity as Controller, retains personal data only for as long as is reasonably necessary to achieve the purposes for which they are processed.  

15.       In any case, personal data will not be kept longer than the performance of the agreement.

VII. Data recipients and disclosure to third parties

16.       Personal data may be transferred to employees, associates, subcontractors, Processors or suppliers of BYGG insofar as adequate guarantees are provided for the security of this data and insofar as they cooperate with BYGG for marketing the products or providing services. They act under the direct authority of BYGG and are in particular responsible for the collection, processing or outsourcing of this data.

17.       In all cases, the recipients of the data and those to whom the data is provided comply with the contents of this Privacy Statement. BYGG ensures that they process this data only for the intended purposes and in a discrete and secure manner.

18.       In the event that the data would be provided to third parties for purposes of direct marketing or prospecting, the User will be informed in advance so that he/she can give prior and express consent to this use of the personal data.

VIII. Rights of Users

19.       The User may exercise his/her rights at any time by sending a message by e-mail to the followingaddress: info@bygg.be, or a letterby post accompanied by a copy of his/her identity card to the following address:Ambachtenstraat 33, 8870 Izegem.
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20.       In accordance with Article 15 of the Regulation, BYGG guarantees the User's right to access his/her personal data. The User has the right to access such personal data and the following information:  

  1. The categories of personal data concerned;
  2. The recipients or categories of recipients to whom the personal data have been or will be disclosed;
  3. The appropriate or suitable safeguards in case the recipients are located in third countries or involve international organizations;
  4. If possible, the proposed storage period for personal data or, if this is not possible, the criteria by which this period is determined;
  5. The existence of automated decision-making, including profiling, as referred to in Article22 (1) and (4) of the Regulation and, at least in such cases, the relevant information on the underlying logic as well as the significance and expected consequences of such processing for the data subject.

21.       BYGG may charge a reasonable fee in response to administrative costs for additional copies requested by the User.

22.       If the User were to make this request by electronic means (e.g. e-mail address), the data will be provided in electronic form and for general use, unless the User requests otherwise.

23.       The copy of the data will be communicated to the User no later than one month after receipt of the request.
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Right of rectification

24.       BYGG guarantees the rightto rectification and deletion of personal data.

25.       In accordance with Article 16 of the Regulation, incorrect, inaccurate or irrelevant data may be corrected or deleted at any time. The User shall first make the necessary changes himself/herself from his/her user account, unless they cannot be made independently, in which case the request can be addressed to BYGG. BYGG will endeavor to respond as soon as possible but in any case within one month.

26.       In accordance withArticle 19 of the Regulation, BYGG shall notify any recipient to whom thepersonal data have been provided of any rectification of the personal data,unless such rectification proves impossible or requires disproportionateefforts. BYGG shall provide the data subject with information about theserecipients if requested by the data subject.


Right of erasure

27.       The User has the right toobtain the erasure of his/her personal data as soon as possible in thescenarios mentioned in Article 17 of the Regulation.

28.       Where BYGG has disclosed the personal data and is obliged to erase it pursuant to the foregoing provision, BYGG, taking into account available technologies and their implementation costs, shall take reasonable measures, including technical measures, to provide notice to other data controllers processing such personal data that the data subject has requested by such data controllers to erase the connection with such personal data or a copy or reproduction thereof.

29.       The two preceding provisions shall not apply to the extent that such processing is necessary:

  1. For the exercise of the right to freedom of expression and information;
  2. (i)            For compliance with a legal obligation to process under Union law or the law of the member state to which BYGG is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in BYGG;
  3. For the establishment, exercise or defense of legal claims.

30.       In accordance withArticle 19 of the Regulation, before processing, BYGG shall provide any recipient to whom the personal data have been disclosed with notice of any erasure of personal data or any restriction on processing thereof, unless such disclosure proves impossible or involves a disproportionate effort. BYGG shall provide the data subject with information about these recipients if requested by the data subject.


Right to restrict processing

31.       The User has the right to request a restriction of the processing of his/her personal data in the cases specified in Article 18 of the Regulation.  

32.       In accordance withArticle 19 of the Regulation, BYGG shall provide notice of any restriction to each recipient to whom the personal data have been disclosed, unless such disclosure proves impossible or involves a disproportionate effort. BYGG shall provide the data subject with information about these recipients if requested by the data subject.
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Right to data portability

33.       In accordance with Article 20 of the Regulation, Users have the right to receive from BYGG their personal data in a structured, commonly used and machine-readable format. Users have the right to transfer this data to another data controller without BYGG preventing it, in the cases provided for in the Regulation.

34.       When the User exercises his/her right to data portability under the foregoing provision, he/she has the right to have personal data transferred directly from one controller to another, insofar as this is technically possible.

35.       The exercise of the right to data portability shall in no way affect the right to erasure. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in BYGG.

36.       The right to data portability does not affect the rights and freedoms of third parties.
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Right to object and automated individual decision-making

37.       The User has at all times the right to object to the processing of his/her personal data due to his/her specific situation, including the automation of data by BYGG. In accordance with Article 21 of the Regulation, BYGG will no longer process personal data unless there are legitimate and compelling reasons for the processing which override the interests, rights and freedoms of the User or for the establishment, exercise and defense of legal rights.

38.       When processing personal data for prospecting purposes, the User has the right to object at any time to the processing of personal data concerning him/her for such prospecting purposes, including profiling insofar as it relates to such prospecting.

39.       If the data subject objects to processing for prospecting purposes, the personal data shall no longer be processed by BYGG for that purpose.


Right to complain

40.       The User has the right,with respect to the processing of his/her personal data by BYGG, to lodge acomplaint with the Data Protection Authority competent for the Belgianterritory. More information can be found on the website of this Data ProtectionAuthority, i.e.: www.gegevensbeschermingsautoriteit.be.

41.        Complaints may be filed at the following address:

Data Protection
Authority Drukpersstraat 35, 1000 Brussel
Phone: +32 2 274 48 00
Fax: +32 2 274 48 35
Email: contact@apd-gba.be

42.       The User may also file an action for strike with the president of the district court (“de rechtbankvan eerste aanleg”) of his/her place of residence.

IX. Cookies

43.       The Site uses Cookies (as defined below) to distinguish Users of the Site. This makes it possible to offer Users a better browsing experience and improvement of the Site as well as its content. The purposes and methods of Cookies (as defined below) are included in the following provisions.

BYGG agrees to take all necessary measures to ensure that its policy onCookies (as defined below) complies with the Law and the Directive 2002/58/EC of the European Parliament and of the Council of July 12th, 2002concerning the processing of personal data and the protection of privacy in the electronic communications sector (i.e. the Directive on privacy and electronic communications; hereinafter referred to as the "Directive"),transposed into Belgian national legislation (i.e. Article 129 of the act of June 13th, 2005 on electronic communications).


General principles

44.        (A) "Cookie(s)"is/are file(s) which is temporarily or permanently stored on the User's computer, tablet or smartphone during the first visit to the Site. Due to such Cookies, the server recognizes the User's device.

45.       Cookies may also be installed by third parties with whom BYGG collaborates.

46.       Some Cookies used by BYGG are necessary for the proper functioning of the Site, others are necessary to optimize the User's experience.

47.       The User can modify or disable Cookies.

48.       By using the Site, theUser expressly consents to the management of Cookies as described in these provisions.
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Types of Cookies and purposes pursued

49.       Several types of Cookies are used on the Site by BYGG:

  1. Technical Cookies: these are necessary for the functioning of the Site, enable the communication of the data entered and are intended to facilitate the Users' navigation;
  2. Analytical and Public Cookies: these Cookies enable the recognition of the User and are used to count the number of Users of the Site over a certain period of time. Since they also indicate browsing behavior, they are an effective way to improve theUser's browsing experience by displaying suggestions and offers that may be of interest to the User. They also allow BYGG to identify and correct any bugs (errors or imperfections in the design, development or operation of software that cause it to produce an incorrect or unexpected result or behave in an unintended way) on the Site;
  3. Functional Cookies: these Cookies simplify the use of the Site by maintaining certain entered choices (e.g. username or language);
  4. Tracking Cookies: BYGG uses tracking Cookies through Google Analytics to measure Users' interaction with the Site content and produce anonymous statistics. These statistics allow BYGG to optimize the Site. Google supports the explanation of these Cookies at the following address: www.google.nl/intl/en_uk/policies/privacy/.  

Retention period for Cookies

50.       The retention period of the personal data collected may differ from the retention period (lifetime) of the Cookies. BYGG never keeps the Cookies longer than necessary for the purpose of processing for which the personal data were collected.

Managing Cookies

51.       If the User does not want the Site to place Cookies on his/her hard drive, he/she can easily manage or delete them by adjusting his/her browser settings. By programming the browser, the User can also receive notification as soon as a website uses Cookies and thus decide whether to accept or reject them.

52.       If the User disables certain Cookies, he/she accepts that the Site may not function optimally. Some parts of the Site may then not be usable or only partially usable.

53.       If the User wishes to manage and/or delete certain Cookies in this way, he/she can do so through the following link(s):  

For Users with a browser:

  1. Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies 
  2. Microsoft Edge: http://windows.microsoft.com/en-gb/windows-10/edge-privacy-faq
  3. Chrome: https://support.google.com/accounts/answer/61416?hl=fr
  4. Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
  5. Safari: https://support.apple.com/kb/ph21411?locale=fr_CA

54.       If the User refuses to allow the use of Google Analytics Cookies, he/she is invited to configure his/her browser to do so at the following website: http://tools.google.com/dlpage/gaoptout. 

X. Security of personal data

55.       BYGG agrees to take reasonable, physical, technological and organizational precautions in order to prevent (i) unauthorized access to Users' personal data as well as (ii) loss, misuse or alteration of such personal data. Notwithstanding BYGG's security policy and its assessments in this regard, an infallible level of security cannot be guaranteed. No method of transmission or transfer over the internet nor any other method of electronic storage is 100% secure, therefore BYGG cannot guarantee absolute security in this context.

XI. Other websites

56.       The Site may potentially contain hyperlinks to other websites. In no event is BYGG responsible for the privacy and cookie policies or practices of any other party.

XII. Amendment of the Privacy Statement or Cookie policy

57.       BYGG reserves the right to amend this Privacy Statement and the Cookie policy outlined in this PrivacyStatement in order to (continue to) comply with the legal obligations in this regard. The User is therefore requested to regularly consult the PrivacyStatement in order to be informed of any changes and modifications. Such changes will be posted on the Site or communicated by e-mail for the purpose of ensuring objectivity.

XIII. Applicable law and competent court

58.       This Privacy Statement is governed exclusively by Belgian law. Any dispute shall be submitted to the courts of the judicial district of BYGG's registered office.

XIV. Contact

59.       For any question or complaint regarding this Privacy Statement or the Cookie Policy contained herein, the User may contact BYGG at the following address: info@bygg.be. 

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