In the context of pre-contractual negotiations and/or during our collaboration thereafter, you provide us certain personal data, about yourself or any other person, and you acknowledge that we, Octave BV, a company organised and existing under the laws of Belgium, having its registered address at Populierstraat 8, 1000 Brussels, company number BE745.969.194, and bank account number BE12 0018 8528 1892 shall process these personal data (hereinafter “Octave”, “us”, “we”). It may also be the case that we receive these personal data through other channels (e.g. via one of your colleagues or a mutual acquaintance).
The following personal data will be processed: first- and last name, gender, date of birth, telephone number, e-mail address, fax number.
If you provide us personal data of others, you guarantee that they were collected in compliance with applicable legislation and that the persons concerned were, inter alia, sufficiently informed.
Most processing activities will be for the purposes of client administration (e.g. invoicing), to conduct pre-contractual discussions, perform our contractual obligations or to communicate with you in the context of our (possible) collaboration (article 6.1. (b) GDPR). Where you contact us spontaneously through our contact form online or by e-mail, this is assumed to constitute consent giving us the opportunity to process your personal data to treat your request (article 6.1. (a) GDPR).
We will only process your personal data (name and e-mail address) for direct marketing purposes in the event you consented thereto (article 6.1. (a) GDPR). Where we are not legally required to ask your consent for direct marketing (e.g. because you are already a customer), the processing is in our legitimate interests of making publicity for our business activities (article 6.1. (f) GDPR).
Should a dispute arise in the context of our collaboration (e.g. between us or between us and a third party), your personal data will be processed in order for us to launch or defend a legal claim and to manage any police/judicial investigation or litigation (article 6.1. (f) GDPR). In such event these personal data may be disclosed to third parties such as legal counsels, (investigating) judge, police, etc. Where possible we will anonymise/pseudonymise such personal data prior to disclosure.
Your personal data may also be processed in our legitimate interests should we be involved in a fusion, merger, acquisition, or any other restructuring that would make us subject to a due diligence exercise or in any other way requiring us to disclose your personal data (article 6.1. (f) GDPR). In such event these personal data may be disclosed to third parties such as legal counsels, auditors, tax/financial advisors, supervisory authorities, etc. Where possible we will anonymise/pseudonymise such personal data prior to disclosure.
Not providing (some of) the requested personal data may hinder us in complying with our contractual or legal obligations. To the extent permitted by law, we do not accept any liability in that regard.
To the extent necessary in the context of the performance of our contract, we may share the personal data with other companies (e.g. IT supplier of CRM program). In principle no personal data is processed outside the European Economic Area (EEA). Should this nevertheless be the case, by us or by one of these recipients, we will use our best efforts to undertake the necessary (contractual) safeguards in this regard (e.g. EC Standard Clauses or similar contractual safeguards).
You are entitled to:
- Access your personal data and have them corrected when inaccurate or incomplete;
- Have them erased when the legal conditions thereto are met, e.g. the personal data are no longer necessary in relation to the purposes for which they were collected;
- Object to the processing thereof if e.g. the processing is based on our legitimate interests (article 6.1. (f) GDPR) unless we can demonstrate that our interests override your interests, rights and freedoms;
- Have the processing thereof restricted, when the legal conditions thereto are met, e.g. when you contest the accuracy of the personal data, the processing will be restricted during the time we need to verify the accuracy.
To the extent that the processing is based upon consent, you can withdraw your consent at any time.
You are entitled to obtain a copy of your personal data (in a structured, commonly used, machinereadable format) and to have your personal data transferred to another controller (right to data portability).
To exercise these rights you can contact us via the following e-mail address: email@example.com.
We will retain your personal data as long as we maintain a contractual relationship or longer if this would be required by the circumstances (e.g. as litigation is still ongoing) or by law (e.g. due to tax or accountancy obligations). Where it becomes apparent during pre-contractual discussions that we no collaboration will be established, we will delete your personal data after twelve (12) months.
If you have any questions or complaints, we ask you to first discuss these matters with us so we can work together to find a solution. Please note however that you are also entitled to file a complaint with the Belgian national data protection authority (Gegevenbeschermingsautoriteit / l'Autorité de protection des données - Rue de la Presse, 35, 1000 Bruxelles – firstname.lastname@example.org).