Introduction

Gabriëls brandstoffen considers the protection of your personal data extremely important. When processing your personal data, we always comply with applicable legislation, specifically the Belgian Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data and its implementing decrees, which was replaced on 25 May 2018 by Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (‘General Data Protection Regulation’) (hereinafter referred to as ‘the privacy legislation’).

In this privacy statement, we explain what personal data we collect and how we process those data. By sharing your personal data with us (via our website, our mobile app or otherwise), you are in agreement with the terms of the privacy statement below. If you share someone else’s personal data with us, you must firstly discuss the content of our privacy statement with them and obtain their consent.

We invite you to carefully review this privacy statement, along with our general terms and conditions and/or any other terms and conditions that may apply to our products and services.
We may amend this privacy statement, e.g. as part of changes to our products or services or to comply with applicable legislation. We therefore recommend reviewing this privacy statement at regular intervals.

Last updated: May 2018

Data controller:
Gabriëls en C° NV, Hekkestraat 41, 9308 Hofstade (hereinafter referred to as ‘Gabriëls’ or ‘we’)
Tel.: +32 (0) 53 78 98 78
E-mail: privacy@gabriels.be

Who does this privacy statement apply to?

This privacy statement relates to the processing of the personal data of our customers and prospective customers who express interest in our products and services, as well as the personal data of former customers whose data are still stored in our database.

This privacy statement also relates to the processing of the personal data of our suppliers and business contacts.

Which data do we process?

Depending on the specific products or services that you purchase from us or the business relationship that we have with you as a supplier or other business contact, the following categories of data may be stored in our database:

General information: information with which we can identify or contact you

Individuals: surname, first name, gender, address, telephone (landline and/or mobile), e-mail, fax, date of birth, etc.

Enterprises: enterprise name, legal form, address, business telephone number, VAT number, enterprise number, contact person’s name, role or job title, contact person’s telephone number (landline and/or mobile), e-mail, etc.

Contract information:

information relating to the performance of the specific agreement or transaction by Gabriëls (delivery of fuel to the home, ordering via webshop, fuel card, fuel oil savings, management of your mileage charge via Satellic, etc.) or to the specific products and services that you, as a supplier, provide to Gabriëls.

This could include: customer or file number, order/transaction history, webshop account login, delivery address, fuel card number, fuel card user, fuel card usage specifications (e.g. limit, permitted products), fuel slip, credit score information (only for VAT liable entities), payment information (e.g. IBAN/BIC bank account number, direct debit number), monthly saved amount, On Board Unit identification number, vehicle number plate, driver’s name, registration certificate and vehicle identification report and all other information necessary for performance of the agreement.

If you use the functionalities of our mobile app to find a nearby filling station, car wash, electric charging point, etc., we need to process your location data.

In addition, we may also store your answers or feedback relating to products that you have purchased that we receive from you as part of satisfaction surveys or market research, or any complaints relating to products or services that you have submitted to us.

To the fullest extent possible, we also record the date on which these data were communicated to us or on which certain changes were made to these data.

Information collected by automated means

When you visit our website/webshop or use our mobile app, we may, in addition to the personal data that you voluntarily share with us, automatically collect and process certain information through cookies and similar technologies.

This includes: your IP address, time of your visit to the website or use of the mobile app, the web address from which you clicked through, pages viewed, links clicked, etc.
For certain applications, location data may be used if you have enabled it.

If you are active on our social media pages or ‘like’ our social media pages, we can also include this information in our database.

We may also receive information about you from third parties

Gabriëls may use information obtained from external partners or specialised data providers to contact you for prospecting purposes. If you were contacted by us as part of a commercial campaign and you did not provide us with your personal data yourself, you can always contact us to find out from which source we received your personal data.

In addition, we may also obtain data from external partners or specialised data providers to supplement, improve or update your personal data, or to create a marketing profile.
This information may also include information from publicly accessible sources.

In addition, we receive the relevant transaction data relating to the use of your Gabriëls fuel card (card number, purchase date, product and number of litres and specific technical data, such as pump number, pump location, terminal, etc.) if you have used it at a partner station within our partner network (Octa +, Power, DKV, Greenpoint, etc.).

Automated decision-making and profiling

As part of the agreement to grant one (or multiple) fuel card(s), we reserve the right to obtain information regarding the applicant’s creditworthiness from companies specialising in providing business information.

This profile information (credit score) is compiled by these external, specialised companies and is based, inter alia, on published financial and business information and payment history.
The information thus obtained, combined with your own payment history in the event of existing customers, may be taken into account when deciding whether to grant or terminate the fuel card(s) and/or to determine or adjust the associated credit limits. The final decision is not made by automated decision-making, but is made by Gabriëls itself.

What do we use your personal data for and what is the legal basis for this processing?

With your consent (legal basis: Art. 6a. of the privacy legislation)

  • In order to respond to your enquiry or to contact you when you request this, e.g. via our response forms..

  • In order to track and process your participation in one of our competitions or promotions.

  • In order to provide you with the services of our mobile app.

  • In order to send you our digital newsletters or personalised marketing via e-mail or other channels to which you have subscribed.

  • In accordance with the e-privacy legislation, we may, based on your implicit consent, send you commercial e-mails (newsletters and commercial offers) for our products and services if you are already a customer and have provided us with your e-mail address.
    You may object to this use of your e-mail address at any time, free of charge (you can easily unsubscribe via the link provided at the foot of each e-mail).
    You can withdraw your consent at any time (see below, ‘Exercising your rights’).

For the performance of the agreement (legal basis: Art. 6b of the privacy legislation)

  • In order to prepare, perform and follow up on the order or agreement.

  • For general client management, to include accounting, the collection or transfer of debts, management of disputes and legal proceedings.

  • For the processing and following up of complaints, after-sales service.

  • For general supplier contract management, to include following up on orders, supplier payment, and supplier prospecting.

For the pursuance of our legitimate interest (legal basis: Art. 6f of the privacy legislation).
In such cases, we always strive to ensure a balance between that interest and respecting the privacy of the data subject.

  • In order to keep you informed about our offers and new products, services or promotions that might interest you, to include through the use of data from specialised companies and data providers which we acquire for prospecting purposes, where applicable based on an analysis of your marketing profile.

    If you do not wish to receive any advertising, you can exercise your right to object to direct marketing (see below, ‘Exercising your rights’).

  • In order to centralise, combine and enrich client data with useful data.

  • In order to create customer profiles so as to make information about our products, services and offers more relevant and to tailor them as closely as possible to your interests or personal needs.

  • In order to conduct research and testing with a view to evaluating and improving our products and services, our internal processes and our service provision in general.

  • In order to prepare statistics and analyses for financial, management, marketing and reporting purposes.

  • In order to detect and tackle abuse and fraud, manage disputes and legal proceedings and protect our rights in general.

In order to comply with legal obligations to which we are subject (legal basis: Art. 6c of the privacy legislation):

In certain cases, we are legally obligated to process your personal data and/or to share it with the government or authorities determined by law.

To whom will your personal data be disclosed?

Your personal data may be disclosed to third parties in the following cases:

  • To the service providers that we utilise to carry out certain services on our behalf and who process personal data in the process (e.g. e-mail marketing service providers, service providers involved in the execution of payment transactions, etc.).
    These processors may only use your data strictly within the limits of the instructions we provide, in accordance with this privacy statement. They are subject to strict confidentiality and security obligations relating to your data and do not become the owners of your data.

  • To third parties to whom we must disclose your data considering the specific services that we provide to you (e.g. to Satellic, manager of the toll system for mileage charges, when you authorise us to manage your Satellic account, e.g. to the partner stations within the accredited partner network to whom we transfer the transaction data relating to your refuelling if you use a fuel card from one of these partner stations at Gabriëls, etc.).

  • To other enterprises in our group of companies for the same purposes as those stated in this privacy statement.

  • To our legal successors, if applicable (e.g. in the event of sale, reorganisation, merger, liquidation of (part of) our enterprise).

  • When (i) we are obligated to do so by law, legal proceeding or government authority, (ii) we have a legitimate interest or the disclosure of these data is necessary and appropriate for the prevention of financial or other loss or in order to protect our rights (e.g. transfer to our credit insurer with whom we take out insurance against unpaid invoices or to legal service providers), or (iii) in relation to an investigation into (suspected) fraudulent or illegal activities.

  • To other third parties, if you have given specific consent for this to happen.

Transfer of personal data outside the European Union

By sharing your personal data with us, you agree that those data may be transferred to countries outside the European Economic Area. As an example, we may use cloud service providers located in countries outside the European Economic Area to host and process your personal data.
In the event of such a transfer, we will ensure that the processing of your personal data is always adequately protected in accordance with the obligations under the privacy legislation and this privacy statement.

For how long do we retain personal data?

Your personal data will be retained for as long as is necessary to fulfil the purpose for which it was originally processed. The retention period may vary depending on the purpose.

Client personal data are retained for a period of ten years after the last purchase.
Prospective client personal data are retained for five years after the last contact.
In the event that you subscribe to the newsletter, your data will be retained until you unsubscribe.

The personal data of business contacts and suppliers will be retained for as long as you represent the respective supplier and for as long as retention is necessary for managing the supplier relationship.

Location data are only used to provide the service in question and are not stored.

Retention period for compliance with legal obligations and evidence purposes. Personal data may need to be retained for other purposes for a longer period of time, e.g. in order to meet our legal obligations (e.g. accounting and tax obligations) or to be able to submit certain data as legal evidence in disputes.

During this period of passive management, the data are only accessible to a limited extent.

How do we secure your personal data?

Gabriëls is committed to protecting your personal data and your privacy to the fullest extent possible. We take all necessary technical and organisational measures to facilitate this. Our network, infrastructure and IT systems are strictly secured. Only our employees who need access to data in order to undertake their duties are granted access to your personal data.

What rights do you have? How can you exercise them?

Your right to access and correct

You have the right to access your data stored in our database. You also have the right to request that we correct inaccurate data about you or supplement incomplete information.

Your right to withdraw your consent

If you have given Gabriëls consent for the processing, you can withdraw it at any time.

Your right to object

You can always object, without having to provide a reason, to the use of your personal data for direct marketing purposes (i.e. to send you promotional offers), as well as to the use of your personal data to create marketing profiles (i.e. to send you the promotional offers that we consider most interesting to you, based on your marketing profile).

You also have the right to object to the processing of your personal data on the basis of your specific circumstances in all cases where we process your personal data on the basis of our legitimate interest (see above).

Your right to be forgotten

You have the right to request that your data be completely removed from our database in the cases provided for by law.

Your right to restriction of processing

In the event of a dispute relating to the processing of your personal data, you can request that we restrict processing. In that case, we will cease to use your personal data until the dispute is resolved.

Your right to data portability

Finally, you have the right to port your personal data that you have communicated to us.

Exercising your rights

You must exercise your rights in writing. In order to exercise your rights, we ask you to provide us with proof of your identity (in order to prevent any unauthorised disclosure or processing of your personal data). For this, we ask that you attach a copy of the front of your identity card to your request.

You should send your request to the following address: 
By post: Gabriëls en C° NV, Hekkestraat 41, 9308 Hofstade (Attn. ‘The Privacy Officer’),
By e-mail: privacy@gabriels.be.

In accordance with the provisions of the privacy legislation, Gabriëls will process your request within 30 days of receiving all the information required to process it.

For more information about our privacy statement or if you have any complaints about the protection of your personal data, you can contact our Privacy Officer directly at the postal address or e-mail address above.

You can also contact the Data Protection Authority at rue de la Presse 35, 1000 Brussels, or by e-mail at contact@apd-gba.be.

COOKIES

When you visit our website/webshop or use our mobile app, the following personal data will be processed automatically by cookies and similar technologies placed by us on those sites:

your IP address, browser type and language, software, type and make of equipment used to connect to the website/webshop and app, duration of the website visit or use of the app, web address from which the website/webshop or app was accessed, pages viewed, links clicked on and other actions taken on the website/webshop or app.

What are cookies?

Our website/webshop and mobile app use cookies (a cookie is a small file that is sent by our server and stored on the hard drive of your computer, tablet or mobile phone). These small files allow us to retain certain information about you, such as your language settings, and to store certain information for analytical purposes.

What do we use the information collected by cookies for?

Personal data collected by cookies on our websites are used:

  • For technical and functional purposes: in order to make our website/webshop or mobile app function, to optimise it and to remember technical choices (e.g. choice of language, newsletter, etc.).

  • For analytical and statistical purposes: in order to learn more about our users and how they use our website/webshop and mobile app and to be able to display more relevant services and offers (Google Analytics, see below).

  • For marketing purposes: to be able to display relevant offers that match user preferences (Google AdWords) and that are based on the user’s behaviour on the internet.

  • We may also use cookies from carefully selected partners with whom we collaborate and who advertise our services on their website[s6].

Google Analytics

We use Google Analytics on our website, a web analytics service from Google, Inc. Google Analytics places a cookie to evaluate use of our site and to allow us to compile reports on website activity. This helps us to understand how visitors use our website. Further information about Google Analytics data processing can be found at this link: www.google.com/analytics/terms/gb.html.

Social Media buttons

Our website uses several social media tools, including ‘share’ buttons, that make it easy for users to share information with their friends on certain social networks. Consequently, visiting a page that includes a social media plug-in may mean that you encounter cookies from these websites. These websites are not under our control. By using these links, you also accept the privacy policies of those sites.

How can you manage your cookies?

If you do not wish to consent to the use of cookies or wish to remove certain cookies, you can use the tools available in most browsers. Preferences will need to be set separately for each browser you use, depending on the functionality offered. However, we would to emphasise that disabling or removing cookies may mean that you are unable to use all the features of this website.