PROTECTION OF PERSONAL DATA - PRIVACY STATEMENT
De Vlaamse Waterweg NV (hereinafter “DVW”) attaches great importance to the protection of your personal data and strives to process these data only in a fair and lawful manner. DVW processes your personal data solely in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council 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 the Belgian Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data (hereinafter “GDPR”).
This privacy statement aims to inform you clearly and transparently about the processing carried out within the framework of the VisuRIS system, as well as to inform you of the rights you may exercise as a data subject.
I. Who processes your personal data?
For the purpose of this privacy statement, DVW must be considered the processing controller. You can always contact us using the following details:
De Vlaamse Waterweg nv
Havenstraat 44
3500 Hasselt
Belgium
DVW has appointed a Data Protection Officer. You may contact this person with any questions, comments or requests concerning the processing of your personal data via privacy@vlaamsewaterweg.be
As the processing controller or joint controller, DVW determines alone or jointly with others the purposes and means of the processing of personal data.
DVW often processes personal data through third party service providers who receive clear instructions and may process your data only in accordance with DVW’s directions and after ensuring an appropriate level of security.
II. Which personal data are processed and why?
DVW is committed to complying with the general legal principles concerning data processing. In line with the principle of minimal data processing, DVW will only process the data strictly necessary for the purposes described in this privacy statement.
Primarily, DVW processes personal data in the execution of its task in public interest of offering harmonised information services supporting traffic and transport management for inland navigation, including technically feasible links to other transport modes (hereinafter “RIS”).
To this end, DVW processes the following personal data, which must be provided in order to offer these information services:
- User name
- Access credentials
- Surname and first name
- Language
- Email address
- Your profile: skipper, commercial navigation, logistics or recreational user
- Identification of your vessel
- Identification details (ENI, name)
- Tonnage certificate and ownership document
- Location data
- Contact details within your organisation
- Class 6 data (see below)
If you request additional services voluntarily and on your own initiative, you will be asked to create a profile. In that case, we process any additional personal data you provide.
In the context of these services, DVW may process the following (possible) data. These must be provided so that we are able to deliver the relevant services under your agreement with DVW:
- Your VisuRIS profile
- Class 1 data: vessel position
- Class 2 data: Class 1 data including dimensions and type of transponder (standard value)
- Class 3 data: Class 2 data including all information transmitted by your AIS mobile station (including name, MMSI, etc.)
- Class 4 data: Class 3 data including voyage, cargo information and ETA at final destination
- Class 5 data: Class 4 data including ETA at intermediate points towards final destination
- Class 6 data: Class 5 data including ATA at passed intermediate point
For the Flanders Boating mobile application (supporting traffic and transport management for recreational boating), the following personal data are processed:
- Your VisuRIS profile
- User name
- Access credentials
- Language
- Mobile phone number
- Your profile: skipper, commercial navigation, logistics, recreational user
- Vessel identification
- Vessel ownership
- Location data from the application based on your vessel position
- Number of people on board
- Operation requests and operation related information
The personal data that DVW processes is mainly the data provided by you. This ensures correctness and minimal data processing. Incorrect or incomplete information may lead DVW to suspend certain functionalities until the information is corrected or completed.
III. To whom are your personal data disclosed?
DVW refrains from disclosing or selling your data to third parties, except in the cases mentioned in this article.
Depending on the nature and extent of the services chosen, DVW may share your data with third parties to deliver the requested services. You will be asked to give your consent if required. Certain services cannot be delivered if you do not provide such consent.
No data are transferred outside the European Economic Area unless DVW is required to do so by law or this should be necessary for a task in public interest.
Possible recipients include:
- RIS authorities
- Competent enforcement bodies
- Judicial authorities
IV. Retention periods
DVW acknowledges the importance of protecting your personal data. Your data are not retained longer than necessary for the purposes for which they were collected. Retention periods vary depending on the type of processing and purpose.
Personal data gathered by DVW with your consent are retained by DVW as long as your consent remains valid. Data may be retained longer where legally required. Conversely, data may be stored for a shorter period if you object and DVW no longer has a legitimate reason to retain them.
For more information about our retention periods, contact privacy@vlaamsewaterweg.be
V. Your rights as a data subject
You may exercise your rights under the GDPR at any time by contacting privacy@vlaamsewaterweg.be. DVW aims to respond within one month; complex requests may take up to two additional months.
Right of access
You are entitled at all times to request access to your personal data, and to request a copy of your personal data held at DVW.
Right to rectification
Personal data that are incomplete or incorrect may be corrected or supplemented at any time.
Right to erasure (right to be forgotten)
You are entitled to request the erasure of your personal data. However, this request cannot always be respected due to legal or contractual obligations. DVW takes these obligations into account when responding to your request.
Right to restrict processing
As the user, you are entitled to restrict the processing of your data. DVW shall proceed in storing your data, but shall restrict its processing. You may exercise this right if you believe that your personal data are incorrect, or if the processing is not justified.
Right to object
You have the right to object to the processing of your personal data if the processing is based on a legitimate or public interest. DVW will cease processing unless there are compelling legitimate grounds for the processing or for the execution of legal claims. You may also invoke the right to object if your data is processed for direct marketing purposes in order to terminate this processing.
Right to withdraw consent
You may withdraw the consent given to DVW for the processing of your personal data at any time. However, withdrawal of your consent does not apply to processing operations already carried out by DVW.
Right to data portability
You have the right to obtain the personal data concerning you and processed by DVW in a structured, commonly used and machine-readable format and/or to transfer that data to another data processing controller.
Right not to be subject to automated decision making
You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal impact on you or significantly affects you.
Right to complain
If you believe that processing violates your privacy, you may lodge a complaint with the Belgian Data Protection Authority:
Belgian Data Protection Authority
Drukpersstraat 35, 1000 Brussel
+32 (0)2 274 48 00
+32 (0)2 274 48 35
contact@apd-gba.be
We kindly ask you to contact DVW first via privacy@vlaamsewaterweg.be in order to find an appropriate solution.
VI. Security measures for the protection of your personal data
DVW implements both technical and organisational measures to prevent destruction, loss, falsification, alteration, unauthorised access or disclosure of your personal data to third parties and to avoid any other unauthorised processing of these data. DVW does everything possible to ensure the confidentiality, integrity and availability of the information systems and services for the processing of personal data. These measures include physical and operational measures, including but not limited to access control, logging, incident response management, awareness training about privacy law, and confidentiality clauses.
VII. Amendments to this privacy statement
This statement may be amended at any time to reflect changes in personal data processing or applicable legislation. DVW advises you to consult the privacy statement regularly.
You can read the cookie statement of visuris.be here.
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