Last edited on 16th May 2018
Hamon &Cie (International) SA and its EU-based affiliates (together “Hamon”) as part of the worldwide Hamon Group (“Hamon Group”) are committed to collecting and processing personal data responsibly and in compliance with the applicable data protection laws. Respecting privacy is fundamental to our relationship with our existing and potential Sellers.
Hamon is also committed to maintaining the confidentiality, integrity, security and resilience of your personal data. To this effect, Hamon endeavors to implement, or to have implemented, appropriate technical and organizational measures to prevent the personal data processed by or on behalf of Hamon from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed.
This Seller Data Protection Notice (the “Notice”) describes (1) how you can contact Hamon about its data protection practices, (2) how and on which basis Hamon uses your personal data, (3) the types of Seller personal data Hamon collects, (4) with whom Hamon shares your personal data, (5) how long your personal data is retained, (6) the rights you, as a Seller, have regarding Hamon´s use of your personal data, and (7) how your personal data is transferred outside the EEA.
Hamon is responsible for the collection and use of your personal data (“Data Controller”) for the purposes described in this Notice. Hamon is in charge, in particular, of monitoring and ensuring compliance with this Notice and the applicable data protection laws.
For any clarification or additional information you may need in order to fully understand this Notice or exercise your rights under this Notice, please indicate your name, company name, and contact details and contact:
Place Maurice HAMON - Rue Emile Francqui 2
+32 10 39 05 00
Hamon processes personal data in accordance with applicable data protection laws and only for specified, explicit and legitimate purposes. Hamon will not use personal data for any purpose that is incompatible with the purpose for which it was initially collected unless you provide your consent for further use. Hamon processes Seller personal data for the following purposes and on the following legal basis:
Managing commercial relationships with existing and potential Sellers, order fulfillment, payment and invoicing for goods and service
Contracts/Legitimate interests (such as orders, payment, and the establishment, exercise or defense of legal claims, tax and regulatory compliance, accounting, prospection of Sellers, etc)
Hamon ensures that its internal governance processes enunciate the reasons behind decisions to use personal data for further processing purposes. Prior to using your personal data for a purpose other than the one for which it was initially collected, you will be informed about such new purpose.
The provision of personal data is a requirement necessary to enter into a contract with Hamon or a requirement by law or regulation for Hamon to administer your contractual relationship . The personal data processed is limited to the data necessary for carrying out the purpose for which such personal data is collected.
Personal data processed includes the following:
· Identification information (such as names, address, e-mail, contacts details, and phone number);
· Business information (such as name of organization, department and job title);
· Contractual information (such as date of agreement, orders, and type of commercial relationship);
Hamon will not collect personal data if such collection is prohibited under the applicable data protection laws.
Hamon does not process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, data concerning sex life or sexual orientation, and data relating to criminal convictions and offences.
Hamon will maintain personal data in a manner that ensures it is accurate, complete and up-to-date.
Hamon will only grant access to personal data on a need-to-know basis, and such access will be limited to the personal data that is necessary to perform the function for which such access is granted. Authorization to access personal data will always be linked to the function, so that no authorization will be extended to access personal data on a personal basis.
Personal data may be shared with Hamon’s trusted services providers (acting as Processors), such as IT providers, accountants, attorneys, and financial institutions. Service providers will only receive personal data according to the purposes of their service agreement with Hamon.
Hamon reserves the right to share your personal data in the event it sells, licenses or transfers all or a portion of its business or assets to a third party. Should such a sale, lease or transfer occur, Hamon will endeavor to direct the transferee to use your personal data in a manner that is consistent with this Notice.
Hamon will not retain your personal data processed longer than allowed under the applicable data protection laws. In any case, Hamon will not retain it longer than such personal data is necessary for the purposes for which it was collected or otherwise processed, subject to applicable local retention requirements. Typically, the retention period will be as follows:
Managing commercial relationships with existing and potential Sellers, order fulfillment, payment and invoicing for goods and service.
Duration of the contracts and  additional years afterwards.
Applicable statute of limitation for invoicing, payment, accounting, tax and regulatory compliance, and the establishment, exercise or defense of legal claims.
Under applicable data protection laws, you will benefit from the rights listed in this section. These rights can be exercised by you at any time by contacting Hamon as listed in Section 2.
a. Right to access
You are entitled to obtain confirmation from Hamon as to whether or not any personal data concerning you is processed by Hamon. In the affirmative, you have the right to access such personal data, to obtain a copy of it free of charge (except for manifestly unfounded or excessive requests) and to be provided with the following information: (i) purposes of such processing, (ii) categories of personal data concerned, (iii) recipients or categories of recipients of personal data, (iv) anticipated retention period or, if not possible, the criteria used to determine it, (v) existence of the right to request rectification or erasure of personal data, as well as the right to object to or request restriction of processing, (vi) the right to lodge a complaint with a supervisory authority, (vii) information relating to any third party source of personal data if the data were not collected from you, and (viii) the existence, the logic involved, the significance and the consequences of any automated decisions, including profiling.
Where personal data is transferred outside of the EU, you will be informed of the appropriate safeguards relating to such transfer.
b. Right to rectification
You have the right to obtain without undue delay the rectification of inaccurate, incomplete or outdated personal data concerning yourself. If your personal data is stored in multiple locations, the rectification will occur at all such locations.
c. Right to erasure
You have the right to obtain the erasure of your personal data in one of the following cases:
· The personal data is no longer necessary in relation to the purpose(s) for which it was collected or otherwise processed;
· You wish to withdraw the consent on which the processing was based, and there are no other legal grounds for the processing;
· You object to the processing, as provided in section e below; and there are no overriding legitimate grounds for the processing;
· Your personal data has been unlawfully processed;
· Your personal data has to be erased for compliance with a legal obligation.
However, Hamon may refuse the erasure of personal data if the processing of such data is necessary for (i) exercising the right of freedom of expression and information, (ii) compliance with a legal obligation or for the performance of a task carried out in the public interest, (iii) reasons of public interest in the area of public health, scientific or historical research purposes or statistical purposes, or (iv) establishment, exercise or defense of legal claims.
d. Right to restriction
You have the right to obtain restriction of processing in the following cases:
· Where you claim inaccuracy of your personal data processed by Hamon (the restriction being provided for a period enabling Hamon to verify the accuracy);
· Where the processing appears unlawful, and you oppose the erasure and request the restriction of use of your personal data instead;
· Where Hamon does not need your personal data for the purposes of processing, but the personal data is required by you for the establishment, exercise or defense of legal claims; and
· Where an objection is raised by you in relation to the processing, pending the verification whether the legitimate grounds of Hamon override yours.
When you have obtained a restriction of processing of your personal data, you will be informed prior to lifting of such restriction.
e. Right to object
As a general rule, you have the right to object, at any time and on legitimate grounds relating to your particular situation, to the processing of your personal data. Provided that such objection is justified, Hamon will no longer process the personal data concerned unless Hamon can demonstrate compelling legitimate grounds for the processing which overrides your interests.
f. Right to data portability
In cases where the data processing is based on your consent or on your contract, and where such processing is carried out by automated means, you can request (i) communication of the personal data concerning you, in a structured, commonly used and machine-readable format, in order to be able to further transmit such personal data to another data controller, or (ii) to directly transmit such personal data to such other data controller, if technically feasible.
However, Hamon can refuse such request if the processing concerned is necessary for the performance of a task carried out in the public interest or if responding to such request risks to adversely affect the rights and freedoms of others.
g. Right to withdraw consent
Where the processing of your personal data is based on consent, you have the right to withdraw such consent at any time by contacting Hamon’s Data Protection Compliance Officer at the contact details available under Section 2. Exercising this right will not affect the lawfulness of processing based on consent before its withdrawal.
h. Right to lodge a complaint
You also have the right to lodge a complaint with the Belgian Data Protection Authority or another competent supervisory authority, in particular in the Member State where you have your habitual residence or place of work.
International data transfers refers to transfers of your personal data to countries outside of the European Economic Area (EEA). The international footprint of Hamon Group involves a large number of transfers of personal data between different corporate entities, as well as to third parties located in various countries.
This includes personal data from EU Member States to countries outside of the EU considered as not affording adequate legal protection for the processing of personal data.
Hamon ensures that appropriate safeguards are implemented to secure such data transfers in conformity with applicable Data Protection Laws. Hamon Group has implemented EU Standard Contractual Clauses to cover its international data transfers. A copy of these clauses can be obtained by contacting Hamon’s Data Protection Compliance Officer at the contact details available under Section 2.