Disclaimer
Disclaimer
Access to the information on this website is free-of-charge, yet it implies that the user accepts the conditions stated here.
ON THIS PAGE
- Disclaimer e-mails
- Privacy statement
- Refusal or restriction of your request to exercise your rights?
- Hyperlinks and referrals
The data on this website are intended for informative and non-commercial purposes. The use of this data is at one's own risk and the Public Waste Agency of Flanders [OVAM] cannot be held liable for inaccuracies in or incompleteness of the information provided. Information that is of crucial importance to the user should be verified with the competent entity of the Public Waste Agency of Flanders. The user is not entitled to change, copy, distribute, send, spread, offer afresh, reproduce, publish, cede under licence or sell any information, programming, products or service whatsoever obtained from this website nor to create works derived from the aforementioned elements, unless express permission for this has been granted by the Public Waste Agency of Flanders. The Public Waste Agency of Flanders cannot under any circumstances or by any person be held, directly or indirectly, liable for damage due to the use of this or of another website, specifically as a consequence of links or hyperlinks, including, without restriction, all losses, work disruptions, damage to programs or other data on the computer system, of equipment, programming or such of the user. The links to other websites do not in any way imply agreement with the contents of those websites and the Public Waste Agency of Flanders is not responsible for the use made of these websites. The Public Waste Agency of Flanders is not responsible for the opinions expressed by anyone other than its staff members in discussion groups, information groups, forums and the like.
Disclaimer e-mails
The content of our e-mails and their attachments is confidential and only intended for the use of the persons to whom the e-mail is addressed. If you mistakenly receive e-mails, please immediately destroy those e-mails and any files attached. Copying, distributing or any other use, in whatever form, of the content and the attached files is strictly forbidden. The content of the e-mails and the attached files are from the author and do not necessarily commit the OVAM unless this is confirmed by means of a valid signed document from the OVAM to this intent.
We confirm that the e-mails and the attached files have been checked for computer viruses which does not guarantee that they are entirely free of computer viruses.
Privacy statement
Version 25 January 2022
General data-processing and data-protection policy
The Public Waste Agency of Flanders respects your rights when processing your personal data. This statement explains how we collect, process and use your personal information. This privacy statement sets out the general policy with regard to data processing and protection of:
Public Waste Agency of Flanders [OVAM] Stationsstraat 110 2800 Mechelen Belgium Crossroads Bank for Enterprises number: 0842399963
Who processes your personal data?
The Public Waste Agency of Flanders [OVAM] processes your personal data. In this privacy statement we use the personal pronoun ‘we’ to refer to the OVAM. The OVAM is responsible for the processing of your personal data, which are defined and explained in this statement. We process personal details only, and only allow personal details to be processed if this is necessary in order to fulfil the tasks assigned to us. We always process the data in accordance with the provisions of the General Data Protection Regulation (GDPR), and with the provisions of the federal and Flemish regulations on the protection of natural persons when processing personal data.
If you have any general questions about how we process your personal data, please contact the Data Protection Officer (DPO) at the OVAM by sending an e-mail to dpo@ovam.be. In Dutch, the DPO is known as the 'functionaris voor gegevensbescherming' (FG). You can also contact the DPO with comments and suggestions and to exercise your rights.
When do we collect and process your personal data?
The OVAM is an internally autonomous agency of the Environment policy area and has legal personality. The Public Waste Agency of Flanders [OVAM] is charged with developing a policy that ensures that in Flanders waste, materials and soil are treated in a well-considered and environmentally conscious manner. We collect and process your personal data in this context. We also collect and process your personal data when you request one of our services, ask us a general question or contact us in the context of the assignments entrusted to us and/or the services we provide. Tasks in the context of soil management Tasks in the context of waste and materials management Services we provide in the context of assignments entrusted to us:
- Totem tool
- Knowledge sharing and awareness raising in the context of waste, materials and soil,...
It is also possible that a decree or the government may create a regulation whereby we grant you a benefit or imposition without you having to take any action yourself. We must then process your personal data to determine whether you are eligible for that benefit, or whether we need to impose a penalty, such as a fine.
What data do we process about you?
We process your personal details. These are the data that identify you or that link you as a natural person.
Which data we actually process depends on the contract in the context of which we choose to process your personal data. These could be data needed to verify your eligibility for our services. Or the data to be processed could be described in the legislation about our entity.
The categories of personal data with regard to a defined processing purpose, are registered in our register of processing activities.
How do we collect and process your personal data?
We obtain your personal data in two ways.
We may request data directly from you in a form or in documents to be attached to a form. These documents are listed in the regulations.
In addition, we request data from other administrations that already have them. In doing so, we always comply with the provisions on the protection of natural persons with regard to the processing of personal data, which, where applicable, are laid down at federal or Flemish level. For example, we have obtained authorisations and concluded protocols to retrieve data from other government agencies.
The concluded protocols:
· Accompanying protocol relating to data processing in the sense of article 20 of the law of 30 July 2018 concerning the protection of natural persons with regard to the processing of personal data between the Federal Public Service and the OVAM concerning the organisation of the building pass of 5 October 2021
· Addendum to protocol relating to data processing in the sense of article 20 of the law of 30 July 2018 concerning the protection of natural persons with regard to the processing of personal data between the Federal Public Service and the OVAM concerning the organisation of the building pass of 5 October 2022
· Protocol for the electronic notification of personal data of the Flemish Tax Authorities to the Public Waste Agency of Flanders in the context of a test for the refining of data for the 'Housing pass' project of 17 December 2021.
· Protocol for the electronic notification of personal data of the Flemish Tax Authorities to the Public Waste Agency of Flanders in the context of a test for the refining of data for the 'Housing pass' project of 24 January 2019.
· Protocol OVAM/VEKA/Fluvius in the context of the Housing pass
· Protocol GAS.BE/OVAM in the context of the building pass
· Protocol DOV/OVAM in the context of the data sharing relating to analysis data
· Protocol LV/OVAM 209/05 of 12 December 2019 for the electronic notification of personal data of the Department of Agriculture and Fisheries to the OVAM of 12 December 2019.
· Protocol OVAM/Aquaflanders in the context of the housing pass of 16 March 2021 Addendum protocol OVAM/Aquaflanders in the context of the housing pass of 16 March 2021 dated 17/12/2021 Separate processing responsibilities agreement VLARIO/OVAM in the context of the Building pass dated 15 April 2021
· Addendum separate processing responsibilities agreement VLARIO/OVAM in the context of the Building pass dated 17 December 2021
· Processing agreement Digital safe OVAM/Department of Environment and Spatial Development in the context of the Building pass dated 10/12/2021
The applicable authorisations: Mandate application OVAM/AAPD in the context of GIR dated 6/10/2014 Deliberations: Deliberations 08/2016 in the context of the GIR dated 17/03/2016
For what purpose do we process your personal data?
The OVAM processes your personal data in order to be able to perform the developed policy for ensuring Flanders waste, materials and soil are treated in a well-considered and environmentally concious manner.
On what basis do we process your personal data?
Processing of personal data takes place on the following principles:
· The processing is necessary to fulfil a task of general interest or a task in the context of the exercise of public authority that has been assigned to the OVAM;
· The processing is necessary to satisfy a legal obligation that rests on the OVAM;
· The processing is necessary for the performance of an agreement whereby the person is an involved party (for example an employment contract) or, at the request of the party involved, in order to take measures prior to the conclusion of an agreement;
· The processing is necessary to protect the vital interests of the party involved or of another natural person (vital); and/or
· The party involved has given permission for the processing of his or her personal details for one or more specific purposes.
How long do we store your personal data?
As a general rule, we may only retain your personal data for the period during which they are necessary for the performance of our tasks and/or the provision of certain services. We store your data for as long as necessary to perform our tasks and/or for as long as you make use of our services. We will then retain your data for the period during which we must be able to account for the tasks performed and/or services provided. After this period of limitation, the data will be deleted, unless they are of historical, cultural or general interest. When stored, a distinction is made between the period in which your file is active and the period in which it becomes passive. Your file is active for as long as necessary in the context of the task we have been charged with performing and/or for as long as you make use of the service provided. All employees who need your data in order to be able to perform their task will have access to your data during that period. Afterwards, your file becomes passive and only a limited number of employees from the competent department have access to your data.
Do we share your personal data with others?
Your data are mainly processed internally by our employees.
We may use third parties to process your data for certain specific services. We give your data to those processors, so that they can provide the service in question. We may perform control there at any moment. You can request an overview of the processors we use.
We are occasionally required by law or decree to forward personal data, and public authorities have the right to request data from us. They must be authorised to do so.
Are your personal data transferred outside the European Union?
We do not, in principle, pass on your data to countries outside the European Union or to international organisations. That means countries or organisations located outside the territory of the European Economic Area (European Union + Iceland, Norway and Liechtenstein). We may do so if we use a cloud service provider. In such cases, we will take all possible measures to ensure that your data are protected as stipulated in the European, federal and Flemish regulations.
What are your rights?
If we process your personal data in the context of the general interest, you can oppose the processing of your data at any time. We then weigh up whether your individual interests outweigh the general interest that we are pursuing with the
processing. If we are no longer allowed or able to process your data, it is also not possible to provide you with the service or benefit you claim.
You can view the data we process about you at any time, and, if necessary, have it corrected. You can contact the person responsible for data processing (DPO) via dpo@ovam.be. If there is any doubt about your identity, we request a proof of identity via the form "Request to exercise rights with regard to personal data" so that your data is not passed on to somebody who has no right to it.
You can also contact the Data Protection Officer (DPO) if you feel that your data are no longer relevant and should therefore be deleted.
If you do not agree with the way in which we process your data, please contact our Data Protection Officer (DPO) via dpo@ovam.be. In addition, you can lodge a complaint with the competent supervisory authority.
Refusal or restriction of your request to exercise your rights?
In certain and exceptional cases, the OVAM can refuse to grant your request. This can, for example, be the case when you submit a request that is obviously unfounded or disproportionate or in the event of you being part of a check, an investigation or preparatory activities connected with assignments imposed on the OVAM by law, decree or regulations and when this is necessary for the good progress of the investigation. Once this investigation is concluded, your rights will once again be reinstated. The duration of the preparatory activities may in no case be longer than a year after the receipt of your request to exercise your rights. The derogation possibility in the context of the OVAM's inspection authorities does not relate to the data that are separate from the subject of the investigation or of the control that justifies the refusal or restrictions of the rights (see What are your rights?). If you submit a request, the Data Protection Officer shall confirm its receipt. The Data Protection Officer shall inform you as quickly as possible and in any case within a month from the day following the day on which the OVAM receives the request about the refusal or restriction of your rights (see What are your rights?). If you do not agree with the refusal or restriction of the exercise of your rights (see What are your rights?) you can still submit a verification request to the Flemish Supervisory Committee or lodge a legal appeal.
General information
We have the right to change and modify this policy. We always report changes and modifications via the website.
Hyperlinks and referrals
This website contains (hyper)links referring users to other websites of authorities, official bodies and organisations, and to information sources administered by third parties. The OVAM has no technical or content control or any say over these sites and is consequently unable to offer any assurances as to the completeness or the accuracy of the content, nor the availability of these websites and information sources. The hyperlinks to other websites included on this site should not in any way be taken to mean an endorsement the external sites or their content. The links are made available to you for your convenience and strictly for informational purposes. The OVAM accepts no liability for direct or indirect loss arising from the use or consulting of such external websites and their content.