Privacy policy

At BCHECK (‘BCHECK’, ‘we’, ‘our’ or ‘us’), we take your privacy and data protection very seriously. This privacy policy explain how we respect the data allowing us to identify you, directly or indirectly (the ‘Personal Data’), as well as other information and measurements (the ‘Measurements’) generated by the BCHECK device (the ‘Device’) or by you or your service supplier, on BCHECK’s web platform including all software, computer software and mobile software associated (the ‘Services’), on our website www.bcheck.be or any URL and website managed by BCHECK.

1. We protect your Personal Data according to law

The collection and processing of Personal Data, done when you use the Services, are carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the treatment of personal data and the free movement of such data and repealing Directive 95/46 / EC (the ‘General Data Protection Regulation’ or GDPR) and the national implementing legislation.

2. Type of information we collect

When you use our services or our website, we may collect Personal Data and other information from you, as further described below:

A. Services

Access to the Services requires an account secured by a password and is only accessible to your service supplier. The type of personal information that we collect and hold will vary depending on your service supplier dealing with us.

BCHECK processes personal data on behalf of your service supplier and will never become the Controller with respect to the Personal Data. Your service supplier is the legal person responsiblefor the processing of your Personal Data.

Your service provider determines the nature and purposes for which and the manner in which Personal Data shall be Processed by BCheck, as well as the type of Personal Data and the categories of Data Subjects. This may include any or all of the following:

  • Contact details: Customer number, first name, last name, e-mail address, address, telephonenumber, work telephone number;
  • Personal details: number of adults;
  • Technical information: Boiler brand, boiler model, installation date, possibility to takepictures of the boiler, thermostat brand, thermostat type, radiators, radiators type, building type, orientation, floors;

B. Website

The type of personal information that we collect and hold via our website will vary depending on your dealings with us. This information may include any or all of the following:

  • Name
  • Address
  • Telephone number
  • Electronic address
  • Oher contact details

We will not collect sensitive information from you or any third party via our website.

For the Personal Data processed via the website BCHECK is the controller. This means that for this specific Personal Data, we determine the purposes and means of the processing activities.

The website information will be, with your consent or authorization, transmitted to one or several of our partners capable of providing you the BCHECK services.

3. Cookies and other information

When you access the BCHECK website, we receive and store certain personally non-identifiable information. Such information, which are collected passively using various technologies, cannot be used to specifically identify you. Therefore, such information shall not be regarded as Personal Data. BCHECK may store such information itself and/or such information may be included in databases owned and maintained by BCHECK’s affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process. In operating this Site, we may use a technology called ‘cookies’. A cookie is a piece of information that the computer which hosts our Site gives your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and enter a password more than once during a visit to the Site. In some cases, you will be asked to provide prior written consent before we use certain types of cookies. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a ‘help’ section on the toolbar. Please refer to this section for information on how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

4.  How do we use your personal information?

BCHECK uses the Personal Data in a way that is consistent with this Privacy Policy. We use your Personal Data and Measurements for the purpose for which it was provided described further below:

  • Services: In accordance with the agreement concluded with your service provider, we mayuse your Personal Data to provide your service supplier with personalized analysis and advices. We will also give your service supplier the opportunity to store, review and edit Personal Data and other information on the Services. The processing of this Personal Data is necessary for the performance of a contract to which you are a contracting party;
  • Website: If you contact us by e-mail or otherwise, we will only use the Personal Data youprovide to answer your question or resolve your problem. The processing of this Personal Data is necessary for the purposes of the legitimate interests pursued by BCHECK;
  • Website: When you provide us with Personal Data through the BCHECK website, we may askyour consent to contact you in the future to inform you about products, services and events that may be of interest to you. Those communications will be provided with the possibility to Opt-out anytime on a simple request. The processing of this Personal Data is based on your affirmative consent;
  • Website: Research and data analysis: In an ongoing effort to better understand and serve theusers of the Sites and Services, BCHECK can conduct research on its customer demographics and behavior, as well as research on Measurements performed by the Device. These researches are based on anonymized or pseudonymized data, Measurements and other information. This research may be compiled and analyzed on raw data or an aggregate basis, and BCHECK may share anonymized data with advertisers, researchers, business partners, publications, and other third parties. This data will not identify you personally, and therefore shall not constitute Personal Data. The processing of this Personal Data is necessary for the purposes of the legitimate interests pursued by BCHECK.

5. How do we disclose your personal information?

We consider your Personal Data and privacy to be a vital part of our relationship with you. We hereby inform you, without meaning a reduction of your rights, that in certain circumstances your Personal Data and Measurements may be shared with and used by certain Third Parties, as set forth below:

  • As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
  • BCHECK, like many businesses, sometimes hires other companies to perform certain internal operating functions, such as mailing information, maintaining databases, auditing the Services, etc. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific functions and we are soliciting from our service providers similar commitments to those that BCHECK takes towards you. Such information is solely used for BCHECK’s own internal purpose and is under BCHECK’s control.
  • BCHECK may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of BCHECK, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
  • You have acquired or received a BCHECK product through a third party partner, distributor or reseller of BCHECK products, who may have bundled those products with its own features, such as applications. Such associated features may require all or part of your Personal Data or Measurement to provide you with all or part of its functionalities. BCHECK is inviting you to contact your supplier about the Terms of Use and the Privacy Policy. This sharing of Personal Data or Measurement will be provided with the possibility to Opt-out anytime on a simple request. In case of Opt-out, you hereby expressly acknowledge and agree to waive any claim against BCHECK with respect to the disrupted operation of the third party’s associated features or of BCHECK’s products due to the Opt- out. In addition, you must be aware that once the sharing of information takes place, the third party will be solely liable toward you for its own use of your Personal Data or Measurement, either before or after you Opt-out.
  • As described above, we may share information based on your Personal Data but not in the form of Personal Data. For example, we may share aggregated, in raw form or anonymized data with advertisers, researchers, business partners, publications, and other third parties.

6. How long will we conserve your data?

The Personal Data collected will be kept for the following periods :

  • Personal Data necessary for the operation of your product is kept for the duration of your relation with the party your received the BCHECK device from.
  • Device data is anonymized.
  • Website Data is retained until users unsubscribe.

BCHECK stores your Personal Data for the period of time necessary for achieving the purpose for which such Personal Data is processed. Please note that we must take into account a number of (legal) storage periods (time limits) which oblige us to continue to store your Personal Data.

In the event that no obligation or duty to store the Personal Data exists, the Personal Data shall be erased and destroyed on a routine basis once the purpose for which the Personal Data is collected has been achieved.

Furthermore, we may store your Personal Data if you have given us your consent to do so or where such storage is necessary for the establishment, exercise or defense of legal claims. In this last instance, certain Personal Data shall be used for evidence purposes. Such Personal Data shall therefore be stored in line with the legal prescription period, which can amount up to a period of thirty years; the usual limitation period in relation to actions in personam amounts up to ten years.

7. Your privacy-rights

In order to give you more control regarding the processing of Personal Data, you have various rights at your disposal. These rights are inter alia discussed and provided in articles 15-22 GDPR.

You have the following rights:

A. Right of access to the processed Personal Data (art. 15 GDPR):

You have the right to obtain our confirmation as to whether or not your Personal Data is being processed, and, where that is the case, to obtain access to the personal data and the following information:

  1. The purposes of the processing;
  2. The categories of Personal Data concerned;
  3. The recipients or categories of recipient to whom the Personal Data have been or will be disclosed, in particular recipients in third countries or international organizations;
  4. Where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period;
  5. 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;
  6. the right to lodge a complaint with a supervisory authority;
  7. where the Personal Data are not collected from the data subject, any available information as to their source;
  8. the existence of automated decision-making.

In the event that we cannot provide you access to the Personal Data (for example in the event of a legal obligation to restrict the data subject from access to such information), we shall inform you of the reasons of such an inability.

Furthermore, you can also request a copy of the Personal Data undergoing processing free of charge. Please note however, that we are entitled to charge reasonable fee based on administrative costs for each additional copy you request.

B. The right to be forgotten or to request erasure of Personal Data (art. 17 GDPR)

In certain instances, you may request us to erase your Personal Data. Be aware however that under such circumstance, we will not be able to provide you with our services any longer. Furthermore, we ask you to bear in mind that the ‘right to be forgotten’ is not an absolute right. We shall have the right to continue to store your Personal Data, inter alia, in the following cases: (i) where such storage is necessary for the performance of a contract to which you are a contracting party, (ii) where such storage is necessary for compliance with a legal obligation, or (iii) where such storage is necessary for the establishment, exercise or defense of legal claims. We shall inform you of the reasons for the storage of your Personal Data in our response to your request of erasure.

C. The right to rectification (art. 16 GDPR):

In the event that your Personal Data are inaccurate, dated or incomplete, you can request us to rectify or complete your Personal Data.

D. The right to data portability (art. 20 GDPR):

Under certain conditions, you shall also have the right to request us to transmit the Personal Data you provided us with and for which you have given us your consent, to another controller. We shall

transmit such Personal Data directly to the new controller in so far as such transmission is technically feasible.

E. Right to restriction of processing (art. 18 GDPR):

You shall have the right to obtain the restriction of processing where one of the following applies:

  1. You contest the accuracy of the Personal Data (in such an event the use of the Personal Data shall be limited for a period enabling us to verify the accuracy of the Personal Data);
  2. The processing of the Personal Data is unlawful;
  3. We no longer need the Personal Data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims;
  4. Pending the verification whether the legitimate grounds for the processing of the Personal Data override those of the data subject, you may request us to limit the usage of the Personal Data.

F. The right to object (art. 21 GDPR):

You have the right to object, on grounds relating to your particular situation, the processing of your Personal Data in case that such processing is done for the performance of a task carried out in the public interest or for the purposes of the legitimate interests pursued by us. In such an event, we shall no longer process the Personal Data unless (i) there are compelling legitimate grounds for the processing which override your interests, rights and freedoms, or (ii) the processing of the Personal Data is done for the establishment, exercise or defense of legal claims.

G. Automate individual decision-making, including profiling (art. 22 GDPR):

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or which may significantly affect you in a similar manner.

Such right can however not be invoked in the following circumstances:

  1. If the decision is authorized by law (for example: in order to prevent tax fraud);
  2. If the decision is based on the data subject’s explicit consent; or
  3. If the decision is necessary for entering into, or performance of, a contract between the data subject and the data controller (note that in such instances, we shall always make a case by case assessment of whether less privacy intrusive methods can be applied to facilitate the entry into, or performance of the contract).

H. The right to withdraw your consent (art. 7 AVG):

Where the processing of Personal Data is based on consent, you shall have the right to withdraw such consent at any time through a simple request.

I. Exercise your rights

You can exercise the rights listed above, by sending an e-mail to info@bcheck.be. In order to verify your identity, we ask you to attach a copy of the front side of your ID-card to your e -mail.

8.  Links to other websites

This Privacy Policy applies only to the Site. This Site may contain links to other websites not operated or controlled by BCHECK (the ‘Third Party Sites’). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that BCHECK endorses or has reviewed the Third Party Sites. We suggest contacting those Third Party sites directly for information on their privacy policies.

9.  Security

BCHECK takes reasonable and suitable technical and organizational Measures to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e -mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail and/or Internet transmission. Please keep this in mind when disclosing any Personal Data through the Site.

10. Changes to BCHECK’s privacy policy

The Site and our activities may evolve. As a result, at times it may be necessary for BCHECK to make changes to this Privacy Policy. BCHECK reserves the right to update or modify this Privacy Policy at any time, while continuing to ensure that users respect their Personal Data. At any time, this Privacy Policy may be viewed on our Site.

11. Complaints?

The protection of your Personal Data is our primary concern. As such, we aim to take all necessary measures in order to guarantee the protection of your Personal Data. Should you have a complaint regarding the manner in which your Personal Data is processed, please feel free to contact us. We shall try to live up to your expectations and meet your concerns as soon as practically possible.

You may also file your complaint to the supervisory authority for personal data protection. The authority assigned to supervise our organization is the Data Protection Authority:

Website: https://www.dataprotectionauthority.be/

Contact details: Data Protection Authority Rue de la Presse 35, 1000 Brussels Tel. +32 (0)2 274 48 00 Fax. +32 (0)2 274 48 35 contact@apd-gba.be

12. Do you have any further questions?

Please feel free to contact us via info@bcheck.be. We are happy to be of any further assistance.

13. BCHECK commercial partner

As a BCHECK commercial partner, you are obliged to inform the end-users directly to read the Privacy Policy available on the Site, at the time of BCHECK Device installation.