1 Introduction

Virtual Surveyor continuously strives to offer you services at the highest standards. This includes the protection of your personal data.

Virtual Surveyor ensures you that your personal data shall only be processed in accordance with the existing and applicable legal provisions concerning the protection of personal data, including the Regulation (EU) 2016/679 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 repealing Directive 95/46/EC (hereinafter referred to as ‘GDPR’) and the national implementing legislation.

The purpose of this privacy policy is to further explain how Virtual Surveyor processes personal data in connection with its services.

2. Who is Virtual Surveyor?

Virtual Surveyor NV is a private company with limited liability, with registered office located at 3200 Aarschot, Nieuwlandlaan 111 Box 0104 and company/VAT number BE 0871.935.077.

3. Classification of terms used

For the purposes of this privacy statement, the concept of ‘personal data’ refers to: any information relating to an identified or identifiable natural person (the ‘data subject’).

A natural person shall be deemed ‘identifiable’ if he or she can be identified on a direct or indirect basis, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Hence, all information on the basis whereof a natural person can be identified must be taken into account. I.e.: amongst others the person’s name, address, telephone number, e-mail address and IP-address are taken into account.

The term ‘processing’ has a broad scope and inter alia refers to the collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.

4. Person responsible for the processing of your personal data (“controller”):

Virtual Surveyor is the legal person responsible for the processing of your personal data. This means that Virtual Surveyor determines the purposes and means of the processing of your personal data.

5. When does Virtual Surveyor collect your personal data?

Virtual Surveyor collects your personal data, either directly from you or indirectly through your use of the services, at the following instances:

  • Authentication;
  • Trial;
  • Subscription;
  • Support Services;
  • Usage of the Services;

Furthermore, Virtual Surveyor’s IT-systems process certain personal data on an automatic basis. We make use of cookies when you visit the Virtual Surveyor’s website. Cookies are small files which contain certain information, and which are saved on your tablet or mobile device to, inter alia, enhance the usability of the website in the most optimal manner. At any moment however, you can delete or switch off all cookies installed on your device through the settings of your browser. Please note that by altering your cookie-settings, our website may not function appropriately any longer. For more information about ‘cookies’ in general, please contact the following website: www.allaboutcookies.org.

Virtual Surveyor does not aim to collect personal data regarding persons younger than 13 years old. Persons younger than 13 years old may not provide Virtual Surveyor with their personal data or with a statement of consent without providing the consent of the persons carrying the parental responsibility of such persons.

6. What personal data does Virtual Surveyor process, why and on which legal basis?

The schedule below provides which categories of personal data are processed by Virtual Surveyor (column 1), why such personal data is being processed (the ‘purposes’ – column 2) and on which legal basis such processing takes place (column 3). The numbering used in the column ‘legal basis’ has the following meaning:

  • Consent: you have given your consent for the processing of personal data for one or more specific purposes;
  • Agreement: the processing of the personal data is necessary for the performance of a contract to which you are a contracting party;
  • Legitimate interests: the processing is necessary for the purposes of the legitimate interests pursued by the controller 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.

Categories of personal data Purposes Legal basis
Usage data
  • Collecting of product-feedback aiming at enhancing our products and services.
  • Agreement
    Personal data
  • Authentication, access and use of the services.
  • Support you in the use of the software.
  • To inform you about technical information concerning our services.
  • Addressing possible complaints regarding the services.
  • Agreement
    Financial data
  • Invoicing
  • Agreement

    Furthermore, Virtual Surveyor only processes your personal data as long as necessary and will delete your personal data as soon as this data is no longer required for the purposes indicated below, or, if applicable, for as long as the legal retention period lasts. Please note that the retention period for the different purposes can differ.

    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.

    In particular, you have the following rights:

    • 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: a) The purposes of the processing; b) The categories of personal data concerned; c) 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 organisations; d) Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; e) 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; f) the right to lodge a complaint with a supervisory authority; g) where the personal data are not collected from the data subject, any available information as to their source; h) 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.

    • The right to be forgotten or to request erasure of personal data (art. 17 GDPR)

    In certain instances, you may request Virtual Surveyor to erase your personal data. Be aware however that under such circumstance, Virtual Surveyor will not be able to provide you with the services any longer. Furthermore, Virtual Surveyor asks you to bear in mind that the ‘right to be forgotten’ is not an absolute right. Virtual Surveyor 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 defence of legal claims. Virtual Surveyor shall inform you of the reasons for the storage of your personal data in its response to your request of erasure.

    • The right to rectification (art. 16 GDPR):
    In the event that your personal data are inaccurate, dated or incomplete, you can request Virtual Surveyor to rectify or complete your personal data.

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

    Under certain conditions, you shall also have the right to request Virtual Surveyor to transmit the personal data you provided with and for which you have given us your consent, to another controller. Virtual Surveyor shall transmit such personal data directly to the new controller in so far as such transmission is technically feasible.

    • 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: a) 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); b) The processing of the personal data is unlawful; c) Virtual Surveyor no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; d) Pending the verification whether the legitimate grounds for the processing of the personal data override those of the data subject, you may request Virtual Surveyor to limit the usage of the personal data. 

    • 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 Virtual Surveyor. In such an event, Virtual Surveyor 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 defence of legal claims.

    • 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: a) If the decision is authorised by law (for example: in order to prevent tax fraud); b) If the decision is based on the data subject’s explicit consent; or c) 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). 

    • The right to withdraw your consent (art. 7 GDPR):

    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.

    8. The exercise of your rights

    To exercise the rights listed above, you can contact Virtual Surveyor via the address mentioned in section 2.

    In order to verify your identity, Virtual Surveyor asks you attach a copy of the front side of you ID-card to your message.

    All rights can be exercised free of charge, unless your request is manifestly unfounded or disproportionate (for example: due to the repetitive character of your request). In such cases, Virtual Surveyor has the right to charge you with a proportional fee or to refuse to adhere to your request.

    9. Transfer of personal data to affiliated companies and third parties

    In order to further develop its business, Virtual Surveyor may alter its corporate structure by changing its legal form. Virtual Surveyor may also form, sell or buy subsidiaries, divisions or parts of the company. During such transactions, customer and visitor information can be passed on to an affiliated company, subsidiary or branch within the Virtual Surveyor Group to the relevant departments as such, if this is necessary for the intended purpose why such personal data is being processed. Every time such internal data transfer occurs, Virtual Surveyor will ensure that this is done in accordance with this Privacy Policy and the (at any given time) current applicable laws.

    Virtual Surveyor may also send your personal data to third parties whose intervention as data processor, on behalf and under control of Virtual Surveyor, is required for the purposes indicated above. These data processors are natural persons or legal entities that process the personal data on behalf of Virtual Surveyor. These processors were carefully selected by Virtual Surveyor and offer all the adequate guarantees with regard to technical and organizational security measures regarding the processing of your personal data.

    Your personal data shall only be transferred to third parties in conformity with the legal provisions in that regard, when you have provided Virtual Surveyor with your consent to do so, or when such transfer is necessary to ensure the provision of the services (on the basis of our legitimate interests). No personal data shall be transferred to third parties under any other circumstances, unless Virtual Surveyor is obligated to do so based on compulsory legal or regulatory provisions (e.g.: the transfer of personal data to external bodies or authorities, such as law enforcement authorities).

    Virtual Surveyor ensures that your personal data will not be rented nor sold in personally identifiable form to anyone but companies within the Virtual Surveyor Group, or the trusted and reputable third-party processors described under this title. All third-party processors are bound to keep your information confidential. All information provided to third party processors is used by them only to carry out the service they are providing for Virtual Surveyor.

    10. Categories of recipients

    Your personal data shall only be accessible within our company to those persons who require access to the personal data in order to comply with the contractual and legal obligations.

    In some circumstances, Virtual Surveyor ‘s employees and staff are assisted by external service providers in the execution of their tasks. In order to protect your personal data, Virtual Surveyor has concluded an agreement with all such external service providers in order to guarantee the safe, respectful and cautious management and administration of your personal data.

    11. Transfer of personal data to third countries

    Your personal data shall only be transferred or disclosed to processors or controllers in third countries in so far as Virtual Surveyor is legally authorized to do so.

    In so far as such disclosure or transfer is necessary, Virtual Surveyor shall take appropriate measures to ensure that your personal data shall be significantly protected and that all disclosures or transfers of personal data outside of the EEA take place in a lawful and legitimate manner. In the event that a disclosure or transfer takes place to a country outside of the EEA, for which the European Commission has not determined that this country does not maintain an equivalent level of protection of the personal data, such disclosure or transfer shall always be subject to contractual or other legally binding instruments which under the terms and conditions for the transfer of personal data to third countries, such as the approved standard terms and provisions for the transfer of personal data to third countries as established by the European Commission.

    12. Protection of your personal data

    Virtual Surveyor has taken all reasonable and suitable technical and organizational measures in order to protect your personal data as well as possible against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.

    13. Storage of personal data

    Virtual Surveyor stores your personal data for the period of time necessary for achieving the purpose for which such personal data is processed. Please note that Virtual Surveyor must take into account a number of (legal) storage periods (time limits) which obliges Virtual Surveyor 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, Virtual Surveyor 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 defence 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.

    14. Complaints

    Virtual Surveyor aims to take all necessary measures in order to guarantee the protection of your personal data. Should you have a complaint regarding the way your personal data is processed, please feel free to contact Virtual Surveyor. Virtual Surveyor 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 Belgian Data Protection Authority:

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

    Address: Data Protection Authority Rue de la Presse 35, 1000 Brussels
    Tel: +32 (2) 274 4800 
    Fax: +32 (2) 274 4835

    15. Amendments

    In order to take action on the basis of your feedback or to clarify changes made in our processing activities, this Privacy Policy may be amended from time to time. Therefore, Virtual Surveyor invites you to consult the latest version of this Policy on our website.

    Last date of modification: 16th October 2019