General

Counterpart processes personal data as part of its activities.

Personal data should be understood as any information relating to an identified or identifiable person.

Processing should be interpreted broadly and is an operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

As Counterpart values and respects the privacy and security of personal data, these personal data will only be processed in accordance with (i) the 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 processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, better known as the General Data Protection Regulation (AVG) or the General Data Protection Regulation (GDPR), as well as (ii) all applicable national regulations.

The present privacy policy is intended to inform you transparently about:

(a) The controller of your personal data

(b) The purposes for which your personal data are processed

(c) The period for which the personal data will be stored

(d) Your rights in relation to such processing

(e) Our obligations in respect of such processing

(f) Cookies

The controller of your personal data

COUNTERPART.FINANCE bv, registered in the Crossroads Bank of Enterprises under number 0766.945.940, with registered office at 1785 Merchtem, Terlinden 178, is the controller of your personal data.

This means that COUNTERPART determines the purpose of and means for processing personal data.

COUNTERPART does so in its capacity as a company with which you (directly or indirectly) have a contractual relationship as a customer or supplier, or from which you visit the website.

The purposes for which your personal data are processed

How? COUNTERPART collects personal data through (i) agreements you conclude with us (directly or indirectly), (ii) voluntary provision of these by the person concerned (whether or not via contact forms), or (iv) through the use of our website and social media (including associated technologies such as cookies).

What? The personal data collected by Counterpart are (i) personal identification data, (ii) electronic identification data, (iii) financial identification data, (iv) personal details.

Why? The personal data are always collected and processed by COUNTERPART in view of one or more well-defined purposes. The purposes for which COUNTERPART processes personal data are the following: (i) to be able to execute the agreements concluded with it, (ii) to be able to comply with the applicable legal obligations, (iv) for the improvement of our services, (v) to combat fraud.

Consequence of not providing? The provision of personal data is a necessary condition for the conclusion of a contract. If we fail to provide the personal data necessary for the fulfilment of our contract, no services can be rendered.

The period for which the data will be stored

Your personal data are kept for as long as necessary to achieve the purpose for which they were collected, in line with the legal, regulatory and internal requirements in this regard, and no longer than 10 years after the end of the business relationship with the customer or counting from the date of an occasional transaction in accordance with art. 60 Law of 18 September 2017. This provision does not affect your rights as set out under sub. 5.

Your rights in relation to this processing

Right to withdraw consent: You have the right to withdraw your consent as described under sub. 6. Of course, this does not affect the lawfulness of the processing prior to this withdrawal.

Right of inspection: You always have the right to obtain from COUNTERPART information on whether or not your personal data are being processed, as well as the right to inspect them.

Right of rectification: You always have the right to obtain from COUNTERPART without delay rectification of incorrect personal data.

Right to erasure of data: You have the right to obtain from COUNTERPART the erasure of personal data without unreasonable delay, in the following cases: (i) the personal data are no longer necessary for the purposes for which they were collected, (ii) the consent on which the processing is based is withdrawn, (iii) you object to the processing which is justified by general or legitimate interest, or which is done for the purpose of direct marketing, (iv) the personal data have been processed unlawfully, (v) the personal data must be erased to comply with a legal obligation, (vi) the data have been obtained in connection with an offer of information society services to a child.

Right to restriction of processing: In a number of exhaustively listed situations, you also have the right to restrict the processing, namely: (i) when the accuracy of the personal data is disputed, and for a period enabling the controller to verify the accuracy of the personal data, (ii) when the processing is unlawful and the data subject opposes the erasure of the personal data, (iii) when COUNTERPART no longer needs the personal data for the processing purposes, but the data subject needs it for the establishment, exercise or substantiation of a legal claim, (iv) when the data subject has objected to the processing.

Right to data portability: You have the right, under certain circumstances, to obtain your personal data in a structured, common and machine-readable form and to transfer it to another controller.

Right to object to marketing purposes: You have the right to object at any time to the use of your personal data for direct marketing purposes.

Our obligations in respect of such processing

Processing principles: COUNTERPART will always process personal data according to the following principles: (i) in a manner which is lawful, proper, and transparent in relation to the data subject, (ii) for specified, explicit and legitimate purposes, (iii) relevant and limited to what is necessary for the purposes for which they are processed, (iv) the data will be accurate and, where necessary, kept up to date, (v) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed, (vi) every appropriate technical or organisational measure will be taken in order to ensure that personal data are processed in a manner which ensures their adequate security, and that they are protected against unauthorised or unlawful processing and against accidental loss, destruction or damage.

Legality of the processing: COUNTERPART is only entitled to process personal data, if one of the following conditions is fulfilled: (i) you have given your explicit consent, (ii) the processing is necessary for the performance of an agreement to which you are (directly or indirectly) a party, (iii) the processing is part of a legal obligation of COUNTERPART, (iv) the processing is necessary to protect your vital interests or those of other natural persons, (v) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, or (vi) processing is necessary to protect the legitimate interests of the controller (except where such interests are overridden by the interests of the data subject).

Sharing of personal data: Your personal data is accessible within COUNTERPART only to those employees who, as part of their duties, need to have access to this personal data. These employees are bound by strict internal rules regarding the processing of personal data. When COUNTERPART appeals to external parties for processing personal data, only parties that offer sufficient guarantees so that the processing meets the legal requirements and your rights are guaranteed will be appealed to. Your personal data can be transferred to the following categories of recipients: IT suppliers, legally competent authorities and external consultants in the context of executing our assignment.