Excellium Privacy Statement
We are delighted that you have shown interest in our company. Data protection is one of a particularly high priority for us at Excellium Services S.A (hereinafter referred to as “Excellium”). The use of the Internet pages of Excellium is possible without any indication of personal data; however, if a person wants to use our services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as name, address, e-mail address, business name or telephone number of a data subject shall always be in line with the requirements of the Regulation (EU)2016/679, also known as the General Data Protection Regulation (hereinafter ‘GDPR’), and in accordance with the country-specific data protection legislation applicable to Excellium. By means of this Privacy Statement, our company would like to inform the general public of the nature, scope, and purpose of the personal data we collect, uses and processes. Furthermore, the general public (data subjects) are also informed of the rights to which they are entitled under the GDPR.
As the data controller, Excellium has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every individual (‘data subject’) is free to choose alternative means of transmission (e.g. by email, telephone or regular mail).
Excellium’s Privacy Statement is based on the terms and provisions stipulated under the GDPR. Its main purpose to be presented to the general public, explaining we collect, use and protect your personal information (personal data), in a form legible and easily understandable. To ensure this, we would have to first explain the terminology used in this document.
In this Privacy Statement, we use the following terms:
Personal data means any type of personal information referring to a living person (“data subject”) which can identify or make identifiable that particular person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, geolocation data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. In short, any data that can, by itself or in combination with other data, identify or make identifiable a natural living person is personal data.
The data subject means any living person that can be identified or is identifiable, whose personal data is processed by Excellium.
Data processing means any activity performed by Excellium on personal data or on sets of personal data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting processing of the respective personal data in the future.
Profiling means any form of automated processing of personal information used to evaluate certain personal aspects relating to a person, in particular to analyze or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be linked to a specific individual without the use of additional information, conditioned that such additional information is kept separately and is subject to specific technical and organizational safeguarding measures.
The controller (or data controller) is the person or business entity responsible for the data processing. For the purposes of processing of your personal data through this website, the data controller is Excellium Services SA.
Processor (or data processor) is the legal person whom, on the basis of specific contractual obligations, performs data processing on behalf of the data controller (i.e. contractors, partners, subsidiaries other agencies or bodies legally authorized to processes personal data).
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with the EU or national Member State law are not considered as recipients.
A third-party is a natural or legal person, public authority, agency or body, other than the Data subject, controller or data processor.
Consent means any freely given, specific, informed and unambiguous indication of your choice, by which you, though a statement or by a clear affirmative action, express your agreement to the processing of personal data relating to you.
User(s) are the individual(s) who are accessing the website and online services provided by Excellium.
- Name and Address of the Data Controller
For the purposes of the GDPR and other provisions related to data protection, the data controller is:
|For Luxembourg||For Belgium|
Excellium Services Luxembourg SA
Excellium Services Belgium NV
|5 rue Goell||Belgicastraat 13|
|L-5326 Contern, Luxembourg||B-1930 Zaventem, Belgium|
|Phone: +352 26 20 39 64||Phone: +32 2 899 61 61|
|To submit a subject access request for information, or to submit a complaint related to a data protection issue, or to make use of your rights under the GDPR, please contact our Data Protection Officer (DPO), email: firstname.lastname@example.org
The visitors may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. However, not all the cookies can be deleted. If the Data subject deactivates the setting of cookies in the Internet browser used, or deletes the functional cookies, not all functions of our website may be entirely usable.
- Collection of general data and information
The website of Excellium collects a series of general data and information when you are visiting our website. This general data and information are stored in the server log files. Data and information collected may be:
(1) the browser types and versions used,
(2) the operating system used by the accessing system,
(3) the website from which an accessing system reaches our website (so-called referrers),
(4) the sub-websites,
(5) the date and time of access to our website, the duration of your visit and pages you have visited,
(6) an Internet protocol address (IP address),
(7) the Internet service provider (ISP) of the accessing system, and
(8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, Excellium does not draw any conclusions about you. Rather, this information is needed to:
(1) deliver the content of our website correctly;
(2) optimize the content and functioning of our website;
(3) ensure the long-term viability of our information technology systems and website technology, and
(4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
Therefore, Excellium analyzes collected data anonymously and statistically, with the aim of increasing the data protection and data security of our company, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a Data subject.
- Registration on our website
You have the possibility to register on Excellium’s website(s) with the indication of personal data. Which personal data are transmitted to us is determined by the respective input mask used for the registration. The personal data entered by you are collected and used only for the specific purpose for which it was submitted by you. Excellium, as data controller, may transfer some of your personal data to one or more processors (e.g. a parcel service like DHL, FedEx, etc) that also uses personal data for an internal purpose which is attributable to the data controller.
By registering on our website, your IP address, date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary security reasons. This data is not passed on to any third parties unless there is a statutory or legal obligation to do so, or if the transfer serves the aim of criminal prosecution.
Your registration on our website, with the voluntary indication of personal data, is intended to enable us to offer you contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
Excellium shall, at any time, provide information upon request to each Data subject as to what personal data are stored about the Data subject. In addition, Excellium shall correct or erase personal data at the request or indication of the Data subject, insofar as there are no statutory, contractual or legal storage obligations. A Data Protection Officer (DPO) specifically designated in this data protection notice, is available to the Data subject in this respect as contact person for privacy matters.
- Subscription to our newsletters
On the website of Excellium, users are given the opportunity to subscribe to our newsletter. The input mask used for this purpose determines what personal data are transmitted.
Excellium informs its customers and business partners regularly by means of a newsletter about company offers. The company’s newsletter may only be received by the Data subject if (1) the Data subject has a valid e-mail address and (2) the Data subject registers to receive the newsletter. A confirmation e-mail will be sent to the e-mail address registered by a Data subject for the first time to receive the newsletter, and for legal compliance reasons, with a double opt-in procedure. This confirmation e-mail is used to prove whether the email used for registration is a valid one and to ensure that the Data subject has willingly opted to receive our newsletter.
During the registration for the newsletter, we also store your IP address, as well as the date and time of your registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a Data subject at a later date, and it therefore serves the aim of the legal protection of Excellium as the data controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the Data subject at any time. The consent to the storage of personal data, which the Data subject has given for receiving our newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is enclosed in each our newsletters and each of our commercial emails. It is also possible to unsubscribe from the newsletter at any time directly on our website.
- Contacting us via the website
The website of Excellium contains information that enables a quick electronic contact to our company, as well as direct communication with us, which also includes an e-mail address. If a Data subject contacts us by e-mail or via a contact form on our website, the personal data transmitted by you are automatically stored. Such personal data transmitted on a voluntary basis by you to us are stored for the purpose of processing or contacting you should such need should arise. There is no transfer of this personal data to any third parties.
- Routine erasure and blocking of personal data
Excellium (as the data controller) shall process and store your personal data only for the period necessary to achieve the purpose stipulated at the time of data collection, or as far as this is permitted under the GDPR or other national laws or regulations to which Excellium is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the GDPR, the personal data are routinely blocked or erased in accordance with legal requirements.
- Rights of the Data subject
a) Right of confirmation
Each Data subject shall have the right, granted by the GDPR, to obtain from us the confirmation as to whether or not personal data concerning him or her are being processed. If a Data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our DPO or another authorized employee of the controller.
b) Right of information and access
Each Data subject shall have the right granted by the GDPR to obtain us free information about his or her personal data stored at any time as well as a copy of this information. The information provided will detail:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- 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 existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the Data subject, any available information as to their source;
- the existence of automated decision-making, including profiling and the significance and envisaged consequences of such processing for the Data subject.
Furthermore, the you have a right to obtain information from us as to whether your personal data are transferred to a third country or to an international organization. Where this is the case, you have the right to be informed of the appropriate safeguards relating to the transfer.
If you wish to avail himself of this right of access, he or she may at any time contact our DPO or another authorized employee of the data controller.
- c) Right to rectification
You have the right to obtain from us, without undue delay, the rectification of your inaccurate personal data. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If you wish to exercise this right to rectification, you may, at any time, contact our DPO or another authorized employee of Excellium.
d) Right to erasure (right to be forgotten)
You have the right to obtain from Excellium the erasure of your personal data, where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- You withdraw your consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for further processing.
- You object to the processing, pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
- Your personal data have been unlawfully processed.
- Your personal data must be erased for compliance with a legal obligation under the EU or Member State law to which Excellium is subject.
- Your personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and you wish to request the erasure of your personal data stored by Excellium, you may at any time contact our DPO. The DPO of Excellium or another authorized employee will arrange the necessary measures in individual cases.
e) Right of restriction of processing
You have the right to obtain from Excellium a restriction of processing where one of the following applies:
- The accuracy of your personal data is contested by you, for a period enabling us to verify the accuracy of your personal data.
- The processing is unlawful and you oppose the erasure of the personal data and request instead the restriction of the data use.
- Excellium no longer needs your personal data for the purposes of the processing, but it is required by you, for the establishment, exercise or defence of legal claims.
- You have objected to processing pursuant to Article 21(1) of the GDPR, pending the verification whether the legitimate grounds of Excellium override those you have invoked.
If one of the aforementioned conditions is met, and you wish to request the restriction of the processing of your personal data stored by Excellium, you may at any time contact our DPO. The DPO of Excellium or another authorized employee will arrange the requested restriction of the processing.
f) Right to data portability
You have the right, to receive the personal data concerning you, which you provided to Excellium, in a structured, commonly used and machine-readable format. You have the right to transmit those data to another data controller without hindrance from Excellium, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Excellium.
Furthermore, in exercising your right to data portability pursuant to Article 20(1) of the GDPR, you have the right to have personal data transmitted directly from one data controller to another, where technically feasible, and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, you may, at any time, contact our DPO.
g) Right to object
You have the right to object to the processing of your data, on grounds relating to your particular situation, based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Excellium shall no longer process the applicable personal data in the event of the objection, unless we can demonstrate contractual or legal obligations requiring us to process further, or compelling legitimate grounds for the processing which override the interests, rights and freedoms of the Data subject, or for the establishment, exercise or defence of legal claims.
If Excellium processes data for direct marketing purposes, you will have the right to object at any time to processing of your personal data for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If you object to Excellium processing of your data for direct marketing purposes, Excellium will no longer process the personal data for the said purposes.
In addition, you have the right, on grounds relating to your specific and particular situation, to object to processing of your personal data by Excellium for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, you may contact directly our Data Protection Officer.
h) Right not to be subject to automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on you, or significantly affects you, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the Data subject and a data controller, or (2) is not authorized by European Union or Member State law to which Excellium is subject to, and which also lays down suitable measures to safeguard the your rights and freedoms and legitimate interests, or (3) is not based on your explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between you and Excellium, or (2) it is based on your explicit consent, Excellium shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of Excellium, to express your point of view and contest the decision.
If you wish to exercise the right concerning not being subject to automated individual decision-making, you may at any time directly contact our DPO.
i) Right to withdraw your consent
You have the right to withdraw your consent to processing of your personal data at any time. If you wish to exercise the right to withdraw the consent, you may at any time contact our DPO.
j) Processing of children data (≤ 16 years old)
We do not knowingly collect and process any personal data from children (≤ 16 years old).
- Data protection for applications and the job application procedures
Excellium shall collect and process the personal data of job applicants, for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to Excellium. If Excellium, as data controller, concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by Excellium, the application documents shall be automatically erased 6 months after notification of the refusal decision, provided that no other legitimate interests of Excellium are opposed to the erasure.
- Legal basis for the processing
Art. 6(1a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which the Data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services.
Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1c) GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the Data subject or of another natural person. This would be the case, for example, if a visitor were injured on Excellium’s premises and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1d) GDPR.
Finally, some data processing operations could be based on Article 6(1f) GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company 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. Such processing operations are particularly permissible because they have been specifically mentioned by the GDPR. It may be considered that a legitimate interest is presumed if the Data subject is a client of Excellium (Recital 47(2) GDPR).
- The legitimate interests pursued by Excellium or by a third party
Where the processing of personal data is based on Article 6(1f) GDPR, our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
- Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period which is determined in our data retention and storage policy. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
- Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the Data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the Data subject provides us with personal data, which must subsequently be processed by us. The Data subject is, for example, required to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the Data subject could not be concluded. Before personal data is provided by the Data subject, the Data subject must contact our DPO. Our DPO clarifies to the Data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
- Existence of automated decision-making
As a responsible company, we do not use of any automatic decision-making or profiling of the personal data we use.
- Review of this Privacy Statement
We keep this Privacy Statement under regular review. Please verify the date and version so that you are informed on our latest version of Privacy Statement.
This Privacy Statement was last updated on: 10 January 2018.