GDPR - PROTECTING YOUR PERSONAL DATA IS IMPORTANT TO US

1. Definitions

"Terminal(s)": means the electric vehicle charging terminal(s) covered by the Contract as described in the Purchase Order.​

"Order": means the special conditions offered to the Client in the context of the Offer, indicating notably the choice of the options, the billing conditions, the tariff conditions, as well as the delivery conditions. The Order is signed by the Client and forms an indivisible whole with the General Conditions;

"Customer": means any natural person acting for purposes that are not part of their commercial, industrial, craft or liberal activity (within the meaning of Article I.1. 2° of the Code of Economic Law) as referred to in the header of these Terms and Conditions, who is eligible for the Offer subject to the conditions specified in Article 5 of these Terms and Conditions.​

"Contract": means the whole that consists of the General Conditions, the Order and their possible annexes, as well as, potentially, any new Order afterwards.

"Offer": means any detailed offer sent by ELTO BELUX to the Client in relation with his needs.

"Invoice": means the final invoice addressed to the Client and that encapsulates all the payments received by ELTO BELUX from the Client, in the context of the realisation of the Contract.

" Installation": refers to the service provided under the Contract enabling the Hardware to be installed for use in accordance with the needs expressed by the Customer in the preliminary questionnaire.

"Equipment": refers to all the goods sold under the Contract and listed on the Order Form, consisting of the charging station and any other equipment.​

"Commissioning": refers to the service provided under the Contract enabling the Customer to use the Hardware once it has been installed.​

"Service(s)": mean(s) the service(s) subscribed by the Client and which ELTO BELUX has committed to deliver in accordance with the Order.

"Subcontractor or Service Provider": means any entity appointed by Mobilize Power Solutions to supply and install the Equipment in the Client's home, in agreement with the Client.

1. Who is responsible for the treatment?

The personal data of individual Clients is collected and processed by Mobilize Power Solutions in accordance with our privacy policy described below, and the applicable legislation on the subject, in particular the Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals regarding the processing of personal data and on the free circulation of such data and the Belgian law of 30 July 2018 about the protection of individuals regarding the processing of personal data.​

ELTO BELUX, as responsible for the treatment, collects the Clients' personal data for the following means.

ELTO BELUX handles the Clients' personal data in compliance with the GDPR.

The purpose of the process carried out by Mobilize Power Solutions is the delivery of the Services provided under the Contract and the fulfilment of the respective obligations of the Parties associated therewith (supply and Installation of the Equipment, advice relating to the Installation and use of the Equipment, invoicing, collection).​

The Privacy Policy describes how Mobilize Power Solutions collects, processes, communicates, discloses and protects such personal data. The Customer expressly agrees to the Privacy Policy as part of the Contract.​

2. Personal data:

ELTO BELUX processes the personal data as part of its services, encapsulating the activities of dimensioning of an Installation, the placement of a charging infrastructure for electric vehicles, the Commissionning of this infrastructure and the management afterwards, inclusive the aftersales. As personal data is considered any information relating to any physical person that is or can be identified. This may include:

·       Contact information such as the name, first name, phone number, contact information, e-mail, birthdate, birthplace, etc. ;

·       The data that you provide to ELTO BELUX or which come into possession of ELTO BELUX during the execution of the contract such as information on the bank account, etc.;

·       The data that you provide to ELTO BELUX or which come into possession of ELTO BELUX in other contexts than the first contact, the events, the suppliers, etc.

3. Goals:

c. In the context of the provision of the Services provided for in this Contract, and if the Client has not objected, under the conditions set out in point 17.2.g. below, Mobilize Power Solutions may use the data collected for the purposes of commercial prospecting or profiling for commercial purposes in order to inform the Client of its new offers and similar services and/or those of its partners which may be of interest to it.​

d. As part of its legitimate interest, Mobilize Power Solutions may also use the data collected to send the Customer a satisfaction questionnaire or requests for feedback on their experience of the Offering, with the aim of improving its Customer service.​

e. In the context of the Contract, the Customer's personal data may be stored, processed and transferred by Mobilize Power Solutions (i) to the Renault group, to which Mobilize Power Solutions belongs, for the purposes of administering and updating its customer database, and (ii) to its subcontractors and/or technical service providers, solely for the purposes of organising the installation of the Charging Solution. These subcontractors and/or technical service providers may only access this data for the purposes of fulfilling Mobilize Power Solutions' obligations hereunder and only in strict compliance with the legal and regulatory provisions in force.​

ELTO BELUX processes your personal data with different means, notably but not exclusively:

·       As part of our services (notably the installation of the charging infrastructure, the management of this ons, etc.);

·       In order to comply with the legal and regulatory obligations;

·       For marketing means;

·       In order to inform you about the changes in our services and products.

4. Motivations:

ELTO BELUX processes your personal data in compliance with one or several legal basics, like:

·       The execution of the contract between you and ELTO BELUX (or its preparation) ;

·       The respect of a legal or regulatory obligation;

·       The protection of your vital interests or those of an other physical person;

·       The pursuit of the legitimate interests of ELTO BELUX or a third party as responsible of the processing, unless the interests, liberties and fundamental rights of the person that needs the protection of their personal data prevail on these interests;

·      Your consent.

The various fundamentals ELTO BELUX's processing of personal data rely on, can also be found in article 6 of the law on data protection.

5. Special and sensitive personal information:

ELTO BELUX also processes special and/or sensitive personal information, notably:

·      Data about people younger than 16 years of age;

·       Personal information revealing the ethnic or racial origin, the political opinions, the religious or phylosophical ideologies, the belonging to a trade union, or the processing of data about the genetics, the health, or data about the sexual behaviour or orientation.

ELTO BELUX refers in this context to article 9 of the law on data protection.

6. Transmission:

ELTO BELUX does not sell your data to third parties.

Still, to carry out our activities and to ensure you the best service possible, we sometimes need to transfer some of your personal information to other parties. Your personal data can be transmitted to:

·       third parties which are important/necessary for the services delivery;

·       thirds, like regulators and other authorities, to comply with our legal obligations;

·       External suppliers, like ICTY partners, NEOFLEET for example, IT services etc.;

·      Subcontractors like NEOFLEET, if a processing agreement has been signed with this partner.

Please note this list is non-exhaustive and can include national and foreign actors. We do only transfer data for the purposes mentioned in this confidentiality declaration and based on the legal dispositions mentioned.

7. Duration of the conservation of data:

ELTO BELUX will keep and process your personal information as long as needed to reach the goals defined in this confidentiality declaration, and taking into account the nature of the relationship between you and ELTO BELUX, the legal conservation durations, legitimate interests, etc.

The personal data will be deleted from our systems 10 years after:

·       the end of the contract;

·      the end of the collaboration.

Nevertheless, ELTO BELUX reserves the right to conserve and process your personal data for a longer time if this is required by a legal or regulatory obligation, in the context of an ongoing dispute between you and ELTO BELUX, or if the conservation is justified based on an other legislation.

8. Confidentiality and Security:

ELTO BELUX engages to take all needed precautions, including organisational and technical measures, to guarantee a service level adapter to the sensitivity of the data and the risks involved. This means in particular the creation of means and tools aiming to preserve the security, the integrity and the confidentiality of the personal data. Notably, these measures aim to prevent any deformation of the data and to ensure that no unauthorised third party gets access to them.

9. Your rights:

9.1 Access right:

In compliance with the applicable legislation, the Client has an access right to his data.

For further information, the Renault / Mobilize Power Solutions personal data protection policy (available on the https://mobilize-power-solutions.be/mentions-legales website) can be sent to the Customer on paper on first request.

9.2. Right to withdraw your consent:

The Client can also withdraw their consent at any time, notably when the latter forms the legal base of the processing before his withdrawal. The Client is allowed to withdraw, at any time, their consent on the use of their personal data for commercial and/or profiling purposes. In this case, they can express their opposition to this processing by contacting the Client Service of ELTO BELUX.

In this case, the request for withdrawal of the Client's consent will be processed in compliance with the law in force and before the stipulated deadlines.

9.3 Rectification and completion of data:

In compliance with the legislation in force, the Client has a rectification right on his personal data.

9.4. Right to erasement of data ("right to oblevion") :

In compliance with the legislation in force, the Client has a right to have his personal information erased.

9.5. Right to limitation of the processing:

In compliance with the legislation in force, the Client has a right to have his personal information limited.

9.6. Right to portability of data:

In compliance with the legislation in force, the Client has a right of portability of his personal data in a structured and standard format.

9.7. Opposition right:

In compliance with the legislation in force, the Client has a right of opposition against the processing of their personal information.

The Client also benefits the right to:

·       define guidelines regarding the fate of his personal data after their death;

·      introduce a complaint to the competent authority.

10. Authority of data protection:

The Client can use all their rights by contacting directly ELTO BELUX, via the online form available through the button below this page, or by sending a letter by post to the address: ELTO BELUX – 1070 ANDERLECHT, Chaussée de Mons 281. In case of absence of answer, or unsatisfying answer, from ELTO BELUX, the Client is entitled to introduce a complaint to the Authority on Data Protection (1000 BRUXELLES, Rue de la presse 35,– contact@apd-gba.be).

11. Modification of this declaration:

ELTO BELUX reserves the right to amend or modify this declaration.

Therefore, the Client is advised to consult regularly this declaration so as to be informed of the possible modifications.