Effective since: 07.08.2018
1.1 The S.A. Laboratoires S.M.B. (hereinafter, « SMB ») respects the privacy of its data subjects (hereinafter, the « Data Subjects« ).
1.2 SMB processes the personal data transmitted to it in accordance with the legislation in force, and, in particular, Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, applicable from 25 May 2018 (hereinafter the « General Data Protection Regulation« ).
1.4 The Data Subject acknowledges having read the information below and authorizes SMB to process, in accordance with the provisions of the Policy, the personal data that he/she communicates on the Website.
1.5The Policy is valid for all pages hosted on the Website and for the registrations of this Website, as well as all company pages managed by SMB on social networks, who is jointly responsible with the social network for the processing of data of visitors to the page. It is not valid for the pages hosted by third parties to which SMB may refer and whose privacy policies may differ. SMB cannot therefore be held responsible for any data processed on these websites or by them.
2.DATA CONTROLLER AND DATA PROTECTION OFFICER
2.1 Simply visiting the Website shall take place without having to provide any personal data, such as first name, surname, postal address, e-mail address, etc.
2.2 As part of the activities of SMB, the Data Subject may be required to provide certain personal data. In this case, the data controller is:
Laboratoires S.M.B. S.A.
Rue de la Pastorale 26-28,
1080 Brussels, Belgium
Belgian business registry (BCE) number: 0418.956.361
2.3 We have appointed as a single point of contact within our company a data protection officer (more commonly known as « DPO ») whose contact details are:
KOAN Law Firm SCRL
Chaussée de la Hulpe, 166
B – 1170 Brussels
Belgian business registry (BCE) number: 0654.768.707.
The data protection officer appointed by SMB shall have at least the following task:
a) to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to the legislation in force in relation to the protection of personal data ;
b) to monitor compliance with the legislation in force and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits;
c) to provide advice where requested as regards the data protection impact assessment and monitor its performance ;
d) to cooperate with the supervisory authority;
e) to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation and to consult, where appropriate, with regard to any other matter.
2.4 Any question regarding the processing of this data may be sent to the following address: firstname.lastname@example.org.
3.1 By completing the spaces provided under the tab « Contact » on the Website, the Data Subject allows, in particular, SMB to record and store, for the purposes mentioned in point 4, the following information:
- identifying data, such as the first name and surname and e-mail address;
- communications between the Data Subject and SMB;
- The Data Subject also authorizes SMB to record and store the following data for the purposes mentioned in point 4:
- information voluntarily provided by the Data Subject for a purpose specified in the Policy, the Terms, on the Website or on any other medium of communication used by SMB;
- additional information requested by SMB to the Data Subject in order to identify him or to prevent him from violating any of the provisions of the Policy;
3.3 In order to facilitate browsing the Website as well as to optimize technical management, the Website may use « cookies ». These « cookies » record, in particular:
- the User’s browsing preferences;
- the date and time of access to the Website and other data related to traffic;
- the pages visited;
All information relating to « cookies » is included in article 7 of the Policy.
3.4 When the User accesses the Website, the servers consulted automatically record certain data, such as:
- the type of domain with which the User connects to the Internet;
- the IP address assigned to the User (when connected);
- the date and time of access to the Website and other data related to traffic;
- location data or other data relating to the communication;
- the pages visited;
- the type of browser used;
- the platform and/or operating system used;
- the search engine as well as the keywords used to find the Website.
3.5 No nominative data identifying the User is collected through the cookies and servers consulted. This information is kept for statistical purposes only and to improve the Website.
3.6 We also collect some of your data through other companies, including from selected subcontractors and employees.
4.PURPOSES OF PROCESSING THE DATA
4.1 We process your data for various purposes. For each purpose, only the data relevant to the pursuit of the purpose in question are processed. The processing consists of any operation (manual or automated) on a personal data. SMB collects, stores and uses its Data Subjects’ data mainly for the purpose of scientific research, development and production of innovative pharmaceutical products, to improve our service and, more generally, to easily communicate with each other, and in particular for the following purposes:
- to establish, carry out and conduct the contractual relationship with the Data Subject;
- to analyse, adapt and improve the content of the Website;
- to provide the Service;
- to allow the Data Subject to receive messages;
- to facilitate the availability and use of the Website;
- to personalize the User’s experience on the Website;
- to respond to requests for information;
- for any marketing activities and promotions proposed by SMB to Data Subjects who have given their consent;
- to inform them about any changes on the Website and its features;
- for any other purpose to which the Data Subject has expressly consented.
4.2 The legal basis of the processing of your personal data is based on:
☒your consent ;
☒the execution of any request from you;
We do need to collect some of your data to answer any request from you. If you choose not to share this data with us, it may render the performance of the contract impossible.
☒ a legal obligation imposed on the controller ;
We do need to collect and store some of your data to meet various legal requirements, including tax and accounting.
☒ the protection of vital interests;
☐ for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or
☒ our legitimate interest, provided that it is in accordance with your interests, freedoms and fundamental rights.
We have a legitimate interest in providing you with this information and interacting with you, especially to respond to your requests or improve our services, prevent abuse and fraud, control the regularity of our operations, exercise, defend and preserve our rights, for example in litigation, as well as evidence of a possible violation of our rights, manage and improve our relations with you, continually improve our website and our products/services, unless such interests are supplanted by your interests or your fundamental rights and freedoms requiring the protection of your personal data. We take care in any case to maintain a proportionate balance between our legitimate interest and respect for your privacy.
5.RIGHTS OF THE DATA SUBJECT
5.1 According to the regulations on the processing of personal data, the Data Subject has the following rights:
- Right to be informed about the purposes of the processing (see above) and the identity of the data controller.
- Right of access: the Data Subject may at any time have access to the data that SMB has on him or check if it is included in the database of SMB.
- Right to rectification : we take all reasonable steps to ensure that the data we hold is up to date. We encourage you from time to time to access your account (if applicable) or to consult us to check that your data is up to date. If you find that your data is inaccurate or incomplete, you have the right to ask us to correct it.
- Right to object: the Data Subject may object to the use of his data by SMB and by its active partner for reasons related to your particular situation, in the cases provided by law or other regulations.
- Right to erasure: the Data Subject may, at any time request the deletion of his personal data, except those which SMB has a legal obligation to keep on record.
- Right of limitation of processing: the Data Subject may, in particular, obtain a limitation of processing when he has objected to the processing, when he disputes the accuracy of the data, or when he considers that the processing is illegal.
- Right of portability: The Data Subject has the right to receive the personal data that he has communicated to SMB and may also ask said company to send this data to another data controller.
5.2 In order to exercise his rights, the Data Subject sends a written request, accompanied by a copy of his identity card or his passport, to the data controller:
- by e-mail: email@example.com
- by mail:
Laboratoires S.M.B. S.A.
Rue de la Pastorale 26-28,
1080 Brussels, Belgium
5.3 SMB will then take the necessary steps to satisfy this request as soon as possible and in any case within one month of receipt of the application. If necessary, this period can be extended by two months, given the complexity and the number of requests.
6.PERIODE OF STORAGE
6.1 SMB will keep the personal data of its Data Subjects for the duration necessary to achieve the objectives pursued (see point 4).
6.2 SMB may also continue to keep personal data concerning the de-registered Data Subject, including all correspondence or request for assistance sent to SMB in order to be in a position to reply to all questions or complaints that may be sent to it, and in order to comply with all applicable laws, namely in tax matters or as part of other legal requirements.
7.1 A « cookie » is a small text file containing information saved by a website on a computer or by a mobile application on a user’s smartphone.
Cookies offer the possibility to identify you and to memorize various information in order to facilitate your navigation on a website/a mobile application, to ensure the smooth functioning of these or to make them more effective, for example by memorizing your language preferences.
7.2 We use different types of cookies for different reasons.
|These cookies are essential for browsing our Website or strictly necessary for the provision of a service specifically requested by a user.|
The removal of this type of cookies can lead to navigation difficulties and is therefore strongly discouraged.
|These cookies collect information about your choices and preferences and make your navigation more pleasant and personalized.|
These cookies make it possible to memorize the language chosen during your first visit to our Website in order to personalize it accordingly.
|These cookies are used to gather information about your use of the Website, in order to improve the content of the Website, make it more suitable to your needs and increase its usability.|
For example, these cookies show us the most visited pages of the Website or help to identify difficulties that may be encountered during navigation.
7.3 You can easily delete, disable or accept cookies from our Website at any time by configuring your browser settings.
Each browser (Internet Explorer, Safari, Firefox, Google Chrome, etc.) has its own cookie configuration mode. To learn about the procedure to follow concerning your navigator, visit the site: http://www.allaboutcookies.org/manage-cookies/.
If you use different computers, smartphones and/or tablets, do not forget to configure each device so that each of them corresponds to your preferences regarding cookies.
7.4 You will still be able to view our Website, but some interactions may not work normally.
8.COMPLAINT WITH THE SUPERVISORY AUTHORITY
The Data Subject is informed that he has the right to lodge a complaint with the Data Protection Authority:
Data Protection Authority
Rue de la Presse 35, 1000 Brussels
Tel : +32 (0)2 274 48 00
Fax : +32 (0)2 274 48 35
9.1 In addition, SMB has taken the appropriate organizational and technical measures to ensure a level of security adapted to the risk and that, to the extent possible, the servers hosting the personal data processed prevent:
- unauthorized access to or modification of this data;
- improper use or disclosure of such data;
- unlawful destruction or accidental loss of such data.
9.2 In this respect, employees of SMB who have access to this data are subject to a strict confidentiality obligation. Nevertheless, SMB may in no way be held liable in the event that this data is stolen or hijacked by a third party despite the security measures adopted.
9.3 Data Subjects undertake not to commit acts that may be contrary to this Policy, the Terms or, in general, the law. Violations of confidentiality, integrity and availability of information systems and data which are stored, processed or transmitted by these systems, or the attempt to commit one of these violations, shall be punishable by imprisonment of between three months and five years and a fine of between twenty-six euros and two hundred thousand euros, or one of these penalties only.
10.COMMUNICATION TO THIRD PARTIES
10.1 SMB treats personal data as confidential information. It will not communicate them to third parties under any condition other than those specified in the Policy, such as to achieve the objectives set out and defined in point 4, or under the conditions in which the law requires it to do so.
10.2 SMB may communicate its Data Subjects’ personal information to third parties to the extent that such information is necessary for the performance of a contract with its Data Subjects. In such case, these third parties will not communicate this information to other third parties, except in one of the two following situations:
- the communication of this information by such third parties to their suppliers or subcontractors to the extent necessary for the performance of the contract;
- where such third parties are obliged by the regulations in force to communicate certain information or documents to the competent authorities in the field of combating money laundering, as well as, in general, to any competent public authority.
10.3 The updated list of these recipients may be requested at any time from the Data Controller.
10.4 The communication of this information to the aforementioned persons shall, in all circumstances, be limited to what is strictly necessary or required by the applicable regulations.
11.TRANSFER TO A COUNTRY OUTSIDE OF THE EUROPEAN ECONOMIC AREA
11.1SMB transfers data to a country outside the European Economic Area only when that country ensures an adequate level of protection within the meaning of the legislation in force and, in particular, within the meaning of the General Data Protection Regulation (for more information on the countries offering an adequate level of protection, see: https://goo.gl/1eWt1V), or within the limits permitted by the legislation in force, for example by ensuring the protection of data by appropriate contractual provisions.
11.2 If you wish, you can obtain a copy of the adapted contractual clauses by sending an email to: firstname.lastname@example.org.
11.3 The information processed by SMB will be transferred or transmitted, or stored and processed, in the United States or other countries other than the country in which you live, for the purposes described in this Policy. These data transfers are necessary to provide the services or processing set forth in the Policy, and to operate and provide you with our Products worldwide. We use standard contractual clauses approved by the European Commission and we rely on the European Commission’s adequacy decisions concerning certain countries, where appropriate, for data transfers from the European Economic Area to the United States and other countries. If you have any questions in this regard, do not hesitate to contact us at the following address: email@example.com.
12.1 The personal data will not be used for direct marketing purposes for articles or services that would not be identical or similar to those to which the Data Subject has already subscribed, unless the Data Subject has previously explicitly consented to such use (« opt-in »).
12.2 When the Data Subject has given his consent to the use of this information for direct marketing purposes, the latter retains the right to object to such use at any time, upon request and free of charge. The Data Subject may simply communicate his request by writing to the following address: firstname.lastname@example.org.
13.NOTE CONCERNING MINORS
Persons under the age of 18 and persons who do not have full legal capacity are not allowed to use the Website. SMB asks them not to provide their personal data. Any infringement found in this provision must be reported without delay to the following address: email@example.com.
14.UPDATES AND CHANGES TO THE POLICY
15.VALIDITY OF THE CONTRACTUAL CLAUSES
15.1 Failure by SMB to invoke – at any given time – a provision of this Policy, may not be interpreted as a waiver to subsequently make use of its rights under the said provision.
15.2 The invalidity, expiration or the unenforceable nature of all or part of one of the above or below mentioned provisions shall not give rise to the invalidity of all the Policy. Any fully or partially invalid, lapsed or unenforceable provision shall be deemed not to have been written. SMB undertakes to substitute this provision with another which, to the extent possible, fulfils the same objective.
16.APPLICABLE LAW AND COMPETENT COURT
16.1 The validity, interpretation and/or implementation of the Policy are subject to Belgian law, to the extent permitted by the provisions of applicable private international law.
16.2 In the event of a dispute relating to the validity, interpretation or implementation of the Policy, the courts and tribunals of Brussels have exclusive jurisdiction, to the extent permitted by the provisions of applicable private international law.
16.3 Before taking any step towards the judicial resolution of a dispute, the Data Subject and SMB undertake to attempt to resolve it amicably. To this end, they shall first contact each other before resorting, where appropriate, to mediation, arbitration, or any other alternative method of dispute resolution.