Terms and conditions
For the purposes of these terms and conditions:
COMPANY: refers to WASLET SA, a company incorporated under Belgian law having its registered office at Avenue Général Dumonceau 58, 1190 Brussels, and entered at the Crossroads Bank for Enterprises with number 0426.744.273 (Brussels Register of Legal Persons).
CUSTOMER: refers to any person ordering hardware, equipment or products from the company or requesting services as defined in article 2 of the individual terms and conditions under a SpareXpress®, Service Pack®, Seren-IT®, Sprint® or any other maintenance, support or facilities management contract.
The company may ask for any information required to identify customers that are legal persons. If a natural person has placed an order on a legal person’s behalf, said legal person is still, is still contractually bound to the company if the natural person lacked required authority to place the order on his/her own behalf. Furthermore, the natural person will in any event remain personally liable to the company for due performance of all contract obligations.
The customer expressly agrees that he/she doesn’t acknowledge him/herself as a consumer in terms of the Economic Law Code.
CLAUSES OF GENERAL APPLICATION
ARTICLE 1 – ACCEPTANCE
Any order or provision of services is subject to the terms and conditions as set out below and implies acceptance hereof by the customer, which hereby renounces application of its own terms and conditions. Failure by the company to assert its rights pursuant to non-observance by the customer of any obligation incumbent upon it will not imply a renunciation for the future that is capable of being founded upon.
ARTICLE 2 – CONFIDENTIALITY – ETHICS
2.1. Both the company and the customer must maintain confidentiality regarding the data, documents, facts and events that might come within their knowledge whilst performing this contract.
2.2. Throughout the entire performance of the contract between the company and the customer, the customer agrees to not depraving nor to attempt to deprave the company’s personnel. Should it breach this agreement, the customer is liable ipso iure and without notice of default to pay liquidated damages in a sum of €30,000 per person. This clause survives the end of the contract for a period of one year.
ARTICLE 3 – COMMENCEMENT
The contract comes into effect as of the times of its conclusion by the parties.
ARTICLE 4 – ”FORCE MAJEURE”
4.1. The company is entitled to suspend all or part of its obligations or to dissolve the contract, for which the customer shall have no claim to damages, upon the occurrence of external events whose effect is to release it from its duties, especially, without prejudice to the generality, acts of God, being any event which is beyond the company’s control or partially out of its grasp, regardless of location, or any chance occurrence, etc.
4.2. “Force Majeure” that might affect the company include industrial disputes, manufacturers’ delivery delays, cessation of production by a producer, illness of one or more of the company’s staff and events affecting means of transport.
ARTICLE 5 – UNFORESEEN CIRCUMSTANCES
If, after the contract is entered into, unforeseeable or unforeseen circumstances (shortage of raw materials, etc.) occur rendering performance of the contract by the company more difficult or onerous, the company is entitled to suspend or adjust its obligations accordingly.
ARTICLE 6 – COMPLAINTS
6.1. Without prejudice to the provisions set down in these terms and conditions, complaints must be notified to the company in writing within a week of delivery, provision of the service or the rental, and it shall fall to the customer to state in full detail the nature of the complaint and the grounds on which it is based. Regarding invoices, the one-week period starts as from the date of issue.
6.2. Customer complaints concerning latent defects regarding sold goods must be submitted in writing within a week of the latent defect’s discovery.
6.3. In the case of justified complaints, the company undertakes to replace products, equipment and hardware that is below standard, and the customer will have no right to cash compensation.
6.4. Filing a complaint does not relieve the customer from his/her payment obligations towards the company.
ARTICLE 7 – INTEREST, COSTS AND CONSEQUENCES OF FAILURE TO MAKE TIMELY PAYMENT
7.1. Without prejudice to other penalties, interest increase ipso iure and without prior notice of default on sums not paid by their due date at a rate equal to that provided for in the Mercantile Transactions (Payment Delays) Act of 2 August 2002 until the date of their full settlement.
7.2. In the event of non-payment of any sum when due or if application is made of article 8.1 or 8.2, in addition to the delay interest referred to in article 7.1 of these terms and conditions, the sum unpaid (including tax) will be raised ipso iure and without prior notice of default, by a liquidated sum of the greater of 12% and €200.
7.3. Failure to make payment (in full or in part) of an invoice by its due date or failure to adhere to payment deadlines that might be expressly agreed between the company and the customer will result in the entire amount of the debt due to the company by the customer falling due immediately.
ARTICLE 8 – RESCISSION AND TERMINATION
8.1. Non-payment of any sum due by the customer to the company when due entitles the company ipso iure and without first serving notice of default or obtaining a court order to rescind the agreement with the customer on grounds for which the customer alone is liable or to fully or partially suspend the performance of any obligation incumbent on him/her in terms of said agreement or to demand return of the product, equipment or hardware that has been delivered but not yet paid for, without prejudice to the company’s right to compensation for any loss incurred by it as a result of such rescission.
8.2. The company is entitled to deem the contract rescinded or terminated without requiring to obtain a court order or to serve a notice of default and may claim immediate payment of sums due by the customer or demand the return of goods, products or equipment delivered but not paid for, without in any way prejudicing its right to claim reimbursement of its expenses and compensation for direct or consequential losses suffered by it in the following cases:
- The customer is declared insolvent, goes into liquidation or files for judicial reorganisation or an attachment or garnishment is laid on all or part of his/her property;
- The death of or appointment of a provisional administrator over the customer;
- Failure by the customer to comply with these terms and conditions;
- Cessation of trading or business operations by the customer in whole or part;
- Transfer or assignment of all or part of the customer’s business or business activities;
- Any conviction for fraud against the customer.
ARTICLE 9 – LIABILITY
9.1. The company shall be held liable, in contract and extra-contractually, only for loss occasioned to the customer or any other person as a result of wilful acts on its part. The company declines liability for loss caused by negligence or gross negligence on its part.
9.2. Excepting mandatory provisions of law, the company declines any contractual or extra-contractual liability for loss occasioned to the customer or any other person as a result of negligence, gross negligence or a wilful act on the part of its contract partners.
ARTICLE 10 – DAMAGES
10.1. Other than as provided under these standard terms and conditions and excepting provisions of mandatory law to the contrary, the company declines liability for the payment of damages for loss to the customer or any third party, howsoever arising, including from the use of or defects in hardware and/or software.
10.2. Should the company be found liable to pay damages, they shall in no event extend to unforeseeable, indirect or consequential loss suffered by the customer, including, without prejudice to the generality, loss of profit, customary depreciation, loss of goodwill, loss of data and loss of commercial opportunity.
10.3. In all events, any damages due by the company are limited to €200 per harmful event.
10.4. The same provisions apply to rentals of hardware and software. In particular, the company declines liability for:
—Defects, especially latent defects;
—Periods of service downtime lasting three weeks or less.
ARTICLE 11 – PLACE OF PAYMENT
Unless otherwise agreed, any invoice and any contract premium is payable in Brussels at the company’s registered office. Payments to resellers, brokers, agents and third parties are not taken into account for settlement of the company’s invoice.
ARTICLE 12 – SAVING PROVISION
12.1. If any clause or clauses in these standard terms and conditions or in the individual contract terms and conditions is held to be invalid or unenforceable or is not applied, that does not affect the validity of their other provisions, which shall remain in full force and effect.
The company and the customer agree that they will endeavour to reach joint agreement on a valid and applicable clause whose effect comes as close as possible to the invalid, unenforceable or inapplicable clause it is intended to replace. The parties’ obligations under an invalid, unenforceable or inapplicable provision or clause are suspended until such time as it has been replaced.
12.2. These standard terms and conditions remain applicable in the event of a change in the shareholder structure of the company, merger, division or transfer to an affiliate.
ARTICLE 13 – USE OF PRIVATE DATA AND REFERENCES
13.1. The company processes certain personal data concerning customers who are private individuals and concerning staff and representatives of customers that are legal people. Customers passing such data to the company formally commit to possessing the right to do so under applicable laws and, in particular, the General Data Protection Regulation (‘GDPR’).
13.2. Customers expressly authorise the company to use their names and contact details in relation to the commercial promotion of all and any of the company’s present or future products, hardware, equipment and/or services.
ARTICLE 14 – APPLICABLE LAW AND JURISDICTION
The parties’ contractual relations are governed solely by Belgian law. Any dispute between the customer and company resulting out of their contract falls to be settled exclusively by the courts in Brussels or the small claims and landlord and tenant court of that city’s first canton, including in the event of two or more defendants, calls against guarantees and summary cause proceedings. Notwithstanding, the company reserves the right to subpoena the customer at his/her place of residence.
PROVISIONS APPLYING TO SALES AND RENTALS
ARTICLE 15 – PRICES – VAT
15.1. Unless otherwise agreed in writing by the company, prices are stated before addition of VAT, other potential taxes and charges including carriage and packaging, which are at all times payable by the customer.
15.2. In the case of sales, it is the prices applying at the time of the order that apply. However, where a month or more goes by between the time of an order and delivery of the hardware, equipment and/or products during which there is a rise in wages, raw material costs or resale prices, the company reserves the right to adjust the price accordingly. Such adjustments are ipso iure binding on the customer and do not confer on it any right to terminate the contract.
15.3. Regarding hardware and software rentals, the current prices at the time of the order are agreed under the individual contract terms. However, within a month or more between the time of an order and delivery of the hardware, equipment and/or products during which there is a rise in wages, raw material costs or resale prices, the company reserves the right to adjust the price accordingly. Such adjustments are ipso iure binding on the customer and do not confer on him/her any right to terminate the contract.
If need be, the customer may also order additional hardware or software. If the order is agreed to by the company, the monthly price will automatically be adjusted to take account of the changes, which the customer irrevocably agrees to.
15.4. For term licences of software, the applicable price is that of the developer in question for the month in question (e.g. Microsoft, Cisco or Proximus). The customer automatically agrees to any change in monthly rates by developers or other hosts. Such changes do not form an essential element of the contract and may in no event give cause for termination of the contract before term.
15.5. Costs arising from an unforeseeable technical problem resulting in additional labour charges are also to be charged to the customer.
ARTICLE 16 – TRANSPORT
16.1. Failing any detailed instruction from the customer to the company regarding method of carriage, shipment or packaging of the goods falling under articles 15.2 and 15.3, these matters are at the discretion of the company, though its liability in that regard is excluded.
16.2. Any specific wishes the customer has related to the freight or shipment of ordered hardware, products or equipment will be taken into consideration only if the customer states expressly that he/she will take the additional costs in charge.
16.3. Freight charges are as a rule borne by the customer; delivery free domicile is mailed only if and insofar as stipulated by the company on the invoice.
16.4. Products are loaded, carried and unloaded at the risks and perils of the customer, regardless of the sale procedures.
16.5. The customer must assert his/her rights against the carrier in cases of damage or loss and may under no pretext whatsoever refuse, reduce or delay payment of invoices due to the company. Upon receipt, the customer is under an obligation to immediately check both the merchandise that is delivered and its packaging.
ARTICLE 17 – DELIVERY PERIOD
17.1. Where delivery periods are expressly agreed, a delay in delivery of up to four weeks for reasons due to the company is deemed acceptable and does not confer on the customer any right to compensation or to rescind or suspend the contract.
17.2. Were expressly agreed delivery dates exceeded by more than four weeks, the customer must first send the company a formal notice and grant it a further period of two weeks to complete the delivery. If delivery is not made within the time stated by the customer, it may rescind or suspend the contract. However, the company excludes any liability on its part for exceeding delivery periods of whatever duration that is due to an outside cause relieving it of responsibility, as defined in article 4 of these standard terms and conditions.
17.3. If the customer does not accept the ordered product, equipment or material within four working days following expiry of the agreed delivery period, the company may ipso iure and without prior warning or admission of liability either rescind the contract or sell the accepted material, equipment or product at the customer’s costs and risks, without prejudice to such other measures as the vendor shall deem fit. If the contract is rescinded, the customer is liable to the company for liquidated contractual damages in a sum equal to 50% of the amount of the order. If non-accepted goods are resold, all costs incurred by the company and any depreciation due to the sale are borne by the customer, without prejudice to the company’s other rights.
17.4. In accordance with article 8.1 of these standard terms and conditions, the company is entitled to refuse delivery if the obligee still has a receivable outstanding in its books.
ARTICLE 18 – RETENTION OF OWNERSHIP
18.1. For sales of hardware or software, the company retains full right and title over the ordered equipment, hardware and products until full payment of their price, including ancillary costs and taxes. Failing payment in accordance with the requirements of article 8.1 of these standard terms and conditions, the company may take back the equipment, hardware or products not paid for and rescind the sale, without prejudice to the company’s rights to claim compensation for any loss it suffers. This clause applies in the event the customer effects resale to any third party of the hardware, products or equipment that are unpaid for.
18.2. The customer undertakes that, until the equipment, hardware or product he/she has ordered have been paid for in full, it will not modify or remove identifying marks affixed by the company and will inform third parties of the retention of ownership in a case of sale or rental. The customer has no right to resell the ordered equipment, hardware or products or to yield them until he/she has paid the price in full.
18.3. The customer must inform the company of any attachment or garnishment laid over the products by third parties and send the company all requisite information for protection of its rights.
18.4. The customer has no right of retention over the ordered equipment, hardware or products.
18.5. This article applies even if the company agrees to allow the customer time for payment.
ARTICLE 19 – WARRANTY
19.1. A warranty is given over products, hardware and equipment sold from stock against manufacturing and material defects; the warranty period differs according to the product in question.
19.2. The company’s warranty can in no event exceed that offered by the manufacturer.
19.3. The warranty does not extend to breakdowns and/or damage resulting directly or arising in the context of any of the following exclusions:
Carelessness or error in connection or usage, use of the equipment, product or material other than in compliance with the company’s or manufacturer’s technical specifications as set down in the user manual delivered to the customer or, more generally, any inappropriate or ill-advised utilisation;
Any intervention, setting, repair or operation comparable to maintenance work carried out on the equipment, product or material by any third party unconnected to and not accredited by the company;
Any addition, use of a technical installation or device supplementary or ancillary to the equipment, product or material that does not comply with the company’s or manufacturer’s technical specifications or that, though complying with such specifications, has not first been agreed to by the company in writing;
Any mechanical, electronic, electrical or other modification or transformation carried out on the equipment, product or material or their connection arrangements by any person not accredited by the company;
Use of parts or supplies needed for operating the equipment, product or material (paper, ink, magnetic supports) not approved by the company;
Fire, water damage, accidents or lack of air conditioning, malicious intent, storm, storm consequences or untoward meteorological phenomena;
Intentional harmful acts or errors committed by any person including the customer and its staff;
Any unsuitable physical environment, even over a limited period, that fails to comply with the requirements set down by the company;
Damage resulting from the freight, regardless of the sale provisions agreed between the customer and the company.
19.4. The warranty is limited to free replacement, free repair or a refund for the defective item, as the company chooses. The company may make a number of successive replacements or repairs.
19.5. Shipping costs are the customer’s responsibility even if the defect is covered by the warranty.
19.6. The company’s warranty does not in any event extend to the fitness of the equipment, product, hardware or software to serve or achieve any given purposes within the customer’s contemplation. The company declines all liability even if the choice of equipment, product or hardware is consequent upon a suggestion or recommendation made by it. The customer and company agree that any such suggestion or recommendation is formulated in line with information provided by the customer and respective manufacturers and distributors, and that the customer is under an obligation to state precisely to the company what goods it wishes to acquire prior to entering into the contract.
19.7. The company’s warranty does not in any event cover any loss of data that might be suffered by the customer.
19.8. Warranties are personal to the customer. Consequently, no benefit shall occur under the warranty given by the company in favour of any person to whom the customer might transfer property or possession of the hardware, equipment or product sold.
ARTICLE 20 – RETURNS OF GOODS
20.1. No goods may be returned without the prior, written consent of the company.
20.2. Goods are to be returned freight-free in their original packaging and must not have been modified nor any part missing.
20.3. If the company finds any modification, it is entitled to refuse to exchange or give a refund for the goods.
20.4. No return of software that has been unwrapped or of software keys sent to the customer is possible.
ARTICLE 21 – CANCELLING ORDERS
Cancellation of orders and contract rescission by the customer are only possible with the prior, written agreement of the company. However, each case requires the customer to pay a liquidated indemnity of 50% of the amount of the order including taxes.
ARTICLE 22 – ACCREDITATION
Immediately after each delivery and once a delivery is made available, the customer is obliged to make a detailed analysis of the ordered products, equipment or hardware so as to ascertain whether there are any defects or nonconformity. On receipt, it must particularly (without prejudice to the generality):
unwrap the packaging around the products, hardware and equipment (including software) in order to submit them to detailed examination;
check that the products, hardware and equipment as delivered are entirely suited for the use that the purchaser intends to make of them;
check software programs (version and language) before opening the packaging.
ARTICLE 23 – PAYMENT
23.1. Invoices for rentals are sent out in advance.
23.2. In the case of sales, payment must be made cash on delivery, without any discount or set-off.
23.3. The company reserves the right, subject to prior, written agreement, to allow the customer to pay for the invoice 30 days from the invoice date.
23.4. Customer payments received are first applied towards interest due to the company and costs of recovery and then towards the longest-standing liability.
23.5. The company reserves the right to make part deliveries, which may be invoiced separately. The customer is then required to pay such invoices according to the foregoing rules.
CLAUSES APPLYING TO THE PROVISION OF SERVICES
ARTICLE 24 – INVOICE PAYMENT
24.1. The charges due under a contract and the period that they cover are set down in a schedule to the individual contract terms and conditions or in a rider. The charges are payable upon signature of the contract. In the case of contracts that renew automatically, the charges may be revised at the start of each calendar year. Such adjustments are ipso iure binding on the customer and do not confer on him/her any right to terminate the contract.
24.2. Interventions by the company during a time when payment for hardware as defined in the individual terms and conditions or of the relevant charges remains outstanding will be invoiced to the customer. The company is entitled to suspend all interventions once the contract balance has been reached.
ARTICLE 25 – LIMITATIONS ON MAINTENANCE CONTRACTS
25.1. The company’s commitment is limited strictly to the cover set down in article 2 of the individual contract terms and conditions, and the company is thus relieved of any further liability or harm, howsoever arising and whatever its nature.
25.2. Contracts are entered into without any absolute guarantee of a given result in terms of operations requested by the customer and without any assurance or undertaking as to the recovery of lost data in the event of any manner of breakdown or other untoward event.
25.3. Contracts do not cover intervention linked to problems linked to software. Labour in relation to this type of intervention is not included in the contract charges.
25.4. Cover extends only to the various types of equipment listed in the schedule hereto or in a contract rider, on the site mentioned. Any change to that list must be notified within one week and be set down in a rider to the contract. The company reserves the right to decline cover for certain options and will give notice of that fact within 30 days of receipt of notification from the customer. In the event of a breach of this rule, the company will be unable to assure further contract cover.
25.5. The quality of replacement parts to be used for repairs covered by this contract is decided on at the company’s sole discretion. These parts will in all events be of a quality at least equivalent to the parts being replaced or will accord with instructions given by the manufacturer.
25.6. Replacement of a part under the contract does not result in the cover being extended beyond the scheduled end date of the contract.
25.7. The customer must ensure that someone who is familiar with the site’s or firm’s information technology environment is available to allow diagnostic testing and other intervention operations to be carried out.
25.8. Maintenance contracts are not valid during a move of premises. After a move, the customer must assure itself of its server’s integrity before calling in the company’s service personnel.
25.9. Maintenance contracts do not offer any absolute guarantee of a given result. The company undertakes that it will use all practicable means to solve, one way or another, the problem reported in the call. If, after repeated tests, the server or station proves incapable of repair, the company may refund the contract purchase price as and if it sees fit.
25.10. In no event will the company be liable personally, in solidum, jointly or severally for harm of any kind occasioned through the intervention of a third party not accredited by it.
ARTICLE 26 – MAINTENANCE CONTRACT EXCLUSIONS
26.1. SpareXpress® and Sprint® contracts cover the carrying-out of work to repair any hardware fault under exclusion of:
- Reinstalling the operating system, any other software or a back-up;
- Consumables and external cabling;
- Problems caused by IT viruses;
- Problems and faults in software and boot files (autoexec.bat, config.sys);
- Problems arising from installation or implementation of a patch or software version update;
- Problems linked to application software running on the server or station or emanating from the link with a station;
- A hardware installation or utilisation contrary to the manufacturer’s specifications;
- The use of other parts or hardware than those recommended by the company or the manufacturer.
- A repair or disassembly by the user or a third party without authorisation from the company or manufacturer;
- Problems due to a fault in the main-electrical supply;
- Problems due to an act of God or any cause not falling to be considered normal use of the hardware.
- Connection errors;
- Repairs needed following an accident or other outside cause;
- Problems of an aesthetic nature;
- Defects caused by jolts, dropping, improper use of hardware, carelessness or customer modifications;
- Repairs and maintenance done without any intervention or prior authorisation by the company;
- Options that are not covered or reported, as set out in the contract schedule.
26.2. For repairs in cases that fall within an exclusion, the company will invoice the customer parts, labour and a call-out charge.
ARTICLE 27 – SUPPORT CONTRACTS LIMITATIONS
27.1. The company’s commitment is limited strictly to the cover set down in article 2 of the individual contract terms and conditions, and the company is thus relieved of any further liability or harm, howsoever arising and whatever its nature.
27.2. Contracts offer no absolute guarantee of a given result in terms of operations requested by the customer and without any assurance or undertaking as to the recovery of lost data in the event of any manner of a system breakdown.
27.3. The company’s interventions are limited to its areas of expertise within the limits of the support provided by manufacturers and developers. Should the company be unable to assist for this reason, it may in turn subcontract the service or turn down the request for intervention.
27.4. In no event will the company be liable personally, in solidum, jointly or severally for harm of any kind caused by the intervention of a third party not accredited by it.
ARTICLE 28 – FACILITIES MANAGEMENT CONTRACT LIMITATIONS
28.1. The company’s commitment is strictly limited to the cover set down in article 2 of the individual contract terms and conditions, and thus the company is relieved of any further liability or harm, howsoever arising and whatever its nature.
28.2. Contracts deal exclusively with obligations to carry out tasks as described in the individual contract terms and conditions and do not offer any absolute guarantee of a given result in terms of operations carried out by the company and without any assurance or undertaking as to the recovery of lost data in the event of a system breakdown.
28.3. The company’s interventions are limited to its areas of expertise within the limits to the support provided by manufacturers and developers. Should the company be unable to assist for this reason, it may in turn subcontract the service or turn down the customer’s request for intervention.
28.4. In no event will the company be liable personally, in solidum, jointly or severally for harm of any kind occasioned through the intervention of a third party not accredited by it.
ARTICLE 29 – SUBCONTRACTING
The company may substitute a third-party subcontractor to fulfil its contract obligations without requiring the customer’s prior consent.
APPENDIX: PERSONAL DATA SUBCONTRACTING
Article 1: Subject-matter
Pursuant to the contract entered into by the parties, the customer wishes to subcontract to the company certain personal data processing operations within the meaning of the GDPR. This schedule sets out the procedures for these subcontracting operations.
The company will process personal data only on receipt of documented instructions from the customer in its capacity as controller. Acting under such instructions, the company will, on behalf of the customer, only process personal data for the following purposes:
Upkeep and management of the IT infrastructure in the broad sense of the term. The following items are chiefly concerned: firewalls, switches, servers, PCs, laptops, telephone switchboards, cameras, intercoms, Wi-Fi receivers, anti-spam, storage, e-mail, back-up and cloud.
Processing of this data will cease if the working arrangement between the company and the customer comes to a halt or at the customer’s simple written request. At that time, the data will, as the customer wishes, be entirely destroyed or returned to the customer, without prejudice to any contrary statutory or regulatory obligation.
The personal data types in question are: customer, partner, supplier or subcontractor identity, telephone numbers, network administrator identities, browser history, purchase history, unpaid invoices log, payment information, location data, CCTV images, management of passwords entrusted by the customer, data back-ups requested by the customer.
Article 2: Use of Personal Data (art. 28, par. 3.4)
Only personal data that is strictly necessary for the purposes set out in article 1 may be processed by the service provider. The data is to be processed and made available under secure organisational arrangements.
It is prohibited to make copies of data that is made available except for back-up purposes. If data is subsequently no longer needed, the company will destroy it or return it to the customer.
The company shall ensure the confidentiality of personal data that it receives from the customer other than where a provision of law or court order requires it to divulge or hand over the data.
Article 3: Use of Former Subcontractors
For practical implementation purposes, the customer gives its outline agreement to the company’s use of sub-subcontractors. The company will notify the customer of the involvement of any new subcontractor seven calendar days before the date set for commencement of its duties. Unless the customer intimates an objection within two working days of the notification, it is deemed to agree to the sub-subcontractor’s involvement.
The company will require sub-subcontractors to comply with all the obligations set down in this schedule.
Article 4: Security
The company and the customer will both take technical and organisational measures to ensure an appropriate level of security
The company will in particular secure the personal data sent to it against destruction, loss, corruption and unauthorised disclosure.
The measures taken by the company are:
Implementation and use of security technology and techniques complying with best industry practice (a firewall, a network, server and endpoint protection and a password policy);
Encryption of personal data (at least for passwords) when transferring the data;
Use of secure connections and certificates for websites and data transmission (https, SSL and VPN);
Security against unauthorised access to the equipment containing the data (restricted access to the room, digicode, camera).
If the customer believes that additional measures are needed owing to the nature of the data, it must file an explicit request with the company and the parties will confer on the procedures and costs for implementing the measures.
Article 5: Restricted Access
The company will take all technical and organisational measures needed to ensure that the premises where the personal data is processed cannot be entered by unauthorised people. The company will restrict access to personal data to staff members who need data to carry out the tasks entrusted as part of their work duties.
Article 6: Staff Awareness and Training
The service provider undertakes to inform those with access to the data in accordance with this contract about the provisions of the General Data Protection Regulation. It covenants that the people authorised to process the data have undertaken to maintain confidentiality in that respect.
Article 7: Assistance Provided to the Controller
The customer is responsible for providing information to the individuals involved in processing operations at the time the data is gathered.
The company will assist the customer by way of appropriate technical and organisational measures to discharge its obligation to heed requests submitted to it by relevant individuals seeking to exercise their rights. In practice, the company will forward the customer requests it receives on this matter as quickly as feasible. The customer is liable to be charged a fee for any additional assistance required in this respect.
The company notifies the customer of any personal data breach as quickly as possible after it becomes aware of it.
At the customer’s request, the company:
- helps carry out impact analyses in relation to data protection and in prior consultation with the regulatory authority;
- Helps guarantee compliance with its obligations in terms of security and managing personal data breaches.
- Provides the customer with sufficient information to show compliance with its obligations in terms of personal data protection and to enable audits to be carried out.
- These entire services will be invoiced to the customer under such terms as are agreed by the parties.
GDPR: WASLET REGISTER OF PROCESSING ACTIVITY
Responsibility for processing private data is placed in the staff of Waslet.
They can be contacted by e-mail at firstname.lastname@example.org.
As part of the running of its business, personal data is processed for:
- Administering offers, orders and deliveries, invoicing tangible and intangible services and for debt-recovery purposes;
- Handling requests for technical assistance;
- Performing its contractual commitments (SEREN-IT®, SpareXpress®, Service Pack®, Sprint® and other contracts);
- Personalised offers as part of its marketing efforts;
- Notifying affected customers of security reminders issued by manufacturers.
These are the types of personal data that Waslet processes in the context of customer administration:
Data used for personal identification purposes such as surnames, first names, modes of address, addresses, business telephone numbers and (sometimes) private telephone numbers (for deliveries or after-sales service);
Electronic data used for identification purposes such as business e-mail addresses and business mobile telephone numbers.
In the context of administering customers, and in particular for processing requests for repairs to hardware under warranty, personal data submitted by the applicant when the ticket is open (like surname, first name, business e-mail address, postal address and telephone number) may be sent to the manufacturer (such as HP Belgium, Hewlett Packard Enterprise, Lenovo, Microsoft or Proximus).
The personal data used in the framework of the company’s commercial business is kept for the duration of the relationship with the customer or supplier in question and for ten years following the end of such relationships.
Any data saved in an archived file will be deleted on expiry of the period for which the archive requires to be kept.
The Waslet company set organisational and technical measures to protect personal data.
For example, the entire staff has been made aware of and trained in the basic principles relating to personal data protection.
Each new employee gets a ‘welcome pack’, when they are given a set of internal rules on using IT and a list of unacceptable forms of behaviour. Reference is made to RFC1855 (Netiquette) and the rules for outward access to Waslet IT (e-mail, server terminal, VPN, synchronisation).
There is also a section dealing with personal data protection in the works regulations, which are handed over and signed by each new employee.
Technical measures aimed at protecting data are in force within Waslet: use of antivirus, systematically doing back-ups, use of a secure https connection for the company, the existence of a firewall (for both hardware and software), physical server security (no access to unauthorised persons), an access system with unique identifier and an authentication mechanism for each user of the IT network and management tool (ERP).
Personal data is processed as part of running Waslet’s commercial business on the basis of these legal bases:
Contract performance: the GDPR states that personal data is processed legitimately if ‘processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract’, and this is the case with processing an order or a request for technical intervention, for example.
The legitimate interests of the controller: the GDPR says that personal data is processed legitimately if ‘processing is necessary for the purposes of the legitimate interests pursued by the controller’. Thus, it is acceptable for a business to use its customers’ data for prospecting purposes, provided this is not done too frequently or aggressively.