BelCham Privacy Statement
This Privacy Statement (the “Statement”) applies to the website and any modules available on the website (the “Website”) – including but not limited to BelCham Online (the “Platform”), owned, operated and/or used by:
The Belgian-American Chamber of Commerce, Inc.
1177 Avenue of the Americas, 8th floor New York, NY 10036
The United States of America
Employer Identification number: 13-1612163
hereafter “BelCham”, “we” or “us”
BelCham deems the protection of privacy of utmost importance and wishes to enable you – as user of its Website and receiver of its online/offline services (i.e. connecting like-minded professionals, helping promising (Belgian) startups scale up faster and more successfully in the USA and Belgium, and promoting bilateral business relations between the United States and Belgium) – to maintain full control over what happens to your Personal Data and your privacy and to inform and protect you accordingly.
All capitalized terms that are not defined in this Statement shall have the meanings as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”).
Your Personal Data and your privacy are protected by BelCham in accordance with applicable laws in respect of the protection of personal data and privacy as set out in clause 13 of this Statement. Please read this entire Statement very carefully. The following describes not only your rights, but also the way in which you can exercise these rights.
By using our Website, or otherwise disclosing your Personal Data, you expressly acknowledge and consent to the manner in which BelCham collects and processes your Personal Data as described in this Statement.
- Who Processes your Personal Data and how can you contact us?
BelCham is responsible for the Processing of your Personal Data that you can provide through the Website, through email, by phone, or offline (e.g. by providing your business card).
BelCham has appointed a Data Protection Officer, whom you can always contact for questions about your privacy and the Processing of your Personal Data. The Data Protection Officer can be reached at:
The Belgian-American Chamber of Commerce, Inc.
1177 Avenue of the Americas, 8th floor
New York, NY 10036
The United States of America
Name: Laurence Van den Keybus
Email: privacy@belcham.org
Telephone: +1 (917) 200-8638
- What Personal Data is Collected and Processed?
2.1 BelCham Processes different types of Personal Data:
| Social Media information | such as information available on your LinkedIn profile, your Facebook profile, your Instagram profile, your (company) website, or your Twitter profile, etc. |
| Personal information | such as first name, last name, address, email address, data of birth, company name, mobile phone, photo, financial security statement, financial details, copy of marriage certificate, passport details, etc. |
| Profession and education | such as the information in relation to your profession and education as provided through your CV or resume, your cover letter, job title, company name, etc. |
| Cookies | reference is made to our cookie policy |
2.2 The Platform:
For the Platform, BelCham uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind.
You may validly publish/submit, at your own initiative, any content (included but not limited to, “News & Updates”, “Perks & Benefits”, “Media”, “Posts/Trips/Check-ins”, “Opportunities”, or “Events”) on the Platform which shall be kept by BelCham.
You commit not to publish any content which contains, including but not limited to, any remarks/images/pictures, contrary to application legislation and regulations, to public order and good morals, or affecting the rights of third parties, including but not limited to:
- Identity fraud of a third person;
- Remarks/publish pictures or images that are violent, defamatory, offensive, malicious, obscene, inciting to discrimination or hatred, racist, xenophobic, anti-Semitic, condoning or approving war crimes, inciting to committing a crime, offense, act of terrorism, or contrary to the security of minors;
- Counterfeiting the intellectual property rights of a third person;
- Commercial canvassing or elements that could be qualified as unfair competition.
In any event, BelCham shall not be liable for the content, accuracy, or up-to-date state of the information freely published by you (or any other user).
You consent that, following the publication of the content, its information will become public on the Platform and that as such, some information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other users and BelCham. In most cases, you will post content without previous moderation from BelCham. However, BelCham reserves its right to freely delete or amend your content or information.
In the case of delivery of content on the Platform which is contrary with the present privacy policy, applicable law or the rights of third parties, any person can inform BelCham of the existence of such content at the following address: online@belcham.org.
- What are the purpose and principles of Processing of your Personal Data?
The purpose and principles of Processing of your Personal Data mainly depends on the category of Personal Data concerned. Below you will find an overview of the purpose and principles of the various Personal Data that we Process.
| Social Media information | Purpose | We collect personal data available on your social media to better cater our services to your needs and the needs of our members |
| Lawfulness of Processing | Legitimate interest and consent | |
| Personal information | Purpose | We collect your personal and contact information for the proper function of our core services, for direct marketing purposes (such as sending newsletters and information about our services), for statistical purposes to improve our services, to answer questions you have sent us, for hiring purposes, for feeding/accessing the Platform, for making introductions, customer management, for internal security reasons, for the application and functioning of our J-1 visa program, etc. (if applicable) |
| Lawfulness of Processing | Performance of the contract and consent (as applicable) | |
| Profession and education | Purpose | We collect information on your profession and education to answer questions you have sent us, for hiring purposes (such as to manage applications), to store your personal data (as an applicant) in our recruiting database, making introductions, customer management, for the application and functioning of our J-1 visa program, etc. |
| Lawfulness of Processing | Performance of the contract and consent (as applicable) |
More detailed purposes in regard to the J-1 visa program is included in our J-1 visa program privacy policy.
The consent you provide is always free, and you have the right to withdraw this consent at any time. Withdrawal of consent does not affect (i) the Processing of Personal Data prior to such withdrawal, (ii) the Processing of (certain) Personal Data based on any legitimate ground for Processing such Personal Data, and (iii) in case of a legitimate interest of the Processing.
The above reasons may not be exhaustive, and BelCham may at any time Process your Personal Data for any other legitimate reason. In such cases, BelCham will notify you as soon as possible of the reason. Updates of this Statement may constitute such a notification.
- Receiving and sharing Personal Data
BelCham receives your Personal Data in cases when:
- You complete the contact form on the Website;
- You download content from our Website;
- You provide resumes/CVs through our career center;
- You join BelCham as a member; you provide information through the J-1 application form
- You register for an event;
- You enter into a service agreement;
- You apply to the CRM system;
- You request access to the Platform;
- You activate your account on the Platform;
- You join the Platform as part of your BelCham membership / Community engagement;
- You provide your business card;
- Certain information is forwarded via cookies or your browser;
- Any other way you may provide other personal data on our website.
BelCham will always share your Personal Data in a minimal way.
BelCham may share your Personal Data with third parties for Storing and Processing your Personal Data in accordance with this Statement. BelCham may also share your Personal Data for making introductions with third parties. You therefore provide your express consent to share your Personal Data as described in this Statement.
Processors and sub-processors of BelCham always act under the responsibility of BelCham. If BelCham contracts a Processor or sub-Processor this will always be done in accordance with a Processor agreement that meets the requirements of the GDPR and that protects your Personal Data to the best of our ability.
BelCham will never share or sell your Personal Data with or to commercial enterprises, except when necessary for the purpose of its core activities e.g. introducing and connecting its members.
- How will my Personal Data be retained?
BelCham applies the following retention periods for your data:
| Social Media information | Retention of the Personal Data for seven (7) years externally and for thirty (30) years internally after acquiring such Personal Data, or a longer retention period (i) if and as long as BelCham has a legitimate interest or (ii) as long as the consent is valid and has not been withdrawn. |
| Personal information | Retention of the Personal Data for seven (7) years externally and for thirty (30) years internally after acquiring such Personal Data, or a longer retention period (i) for the duration of the contract, or (ii) as long as the consent is valid and has not been withdrawn. |
| Profession and education | Retention of the Personal Data for seven (7) years externally and for thirty (30) years internally after acquiring such Personal Data, or a longer retention period (i) for the duration of the contract, or (ii) as long as the consent is valid and has not been withdrawn. |
BelCham retains your Personal Data in its own databases and/or in the databases of its Processors or sub-Processors. You may ask BelCham to provide a copy of the list of these Processors and sub-Processors at any time.
- Direct marketing
BelCham will use your Personal Data for direct marketing purposes. It is possible that your Personal Data will be subject to profiling for marketing purposes. This enables BelCham to keep you informed about its services, updates, events, etc. You give your explicit consent for this but may withdraw this consent at any time.
With regard to this direct marketing, you always have the right to object, free of charge, by sending an email to privacy@belcham.org
- Processing of Personal Data in countries outside the EEA
BelCham will Process your Personal Data in countries outside the EEA (e.g. in the USA), where less strict protections in Processing of Personal Data might exist. BelCham ensures the same level of protection as required pursuant to the GDPR.
- How is my Personal Data safeguarded?
BelCham has developed appropriate technical and organizational measures, safeguards and assurances to Process your Personal Data in accordance with applicable laws regarding protection of personal data and privacy as set out in clause 13 of this Statement, in particular to protect your Personal Data against loss, misuse or unauthorized alteration.
BelCham maintains appropriate technical and organizational (security) measures, safeguards and assurances following industry best practices for member organizations such as using a CRM system, and Google Drive with high levels of security. BelCham informs you that it uses a payment service provider called Stripe which offers full guarantees of security. You can consult Stripe’s privacy policy by clicking here. We also confirm that Hivebrite, as subcontractor, has put all necessary technical and organizational measures in order to guarantee the security, confidentiality, integrity, availability and resilience of the processing systems and services. For any additional information on Hivebrite, you can consult the webpage available at the following address: www.hivebrite.com.
BelCham makes all reasonable and appropriate efforts to protect the confidentiality of your Personal Data.
Despite the above measures taken by BelCham, you should be aware that there are always risks associated with sending Personal Data over the internet. The security and protection of your Personal Data can never be fully guaranteed.
- What rights do I have?
If and in as far as provided for the applicable laws regarding the protection of Personal Data and Privacy as set out in clause 13 of this Statement, you have the right:
- to confirmation as to whether BelCham Processes your Personal Data and, where this is the case, to access the Personal Data that BelCham Processes;
- to corrections by BelCham, without undue delay, of any inaccurate or incomplete Personal Data;
- to have your Personal Data deleted by BelCham;
- to obtain your Personal Data and to transfer them to another Controller or Processor;
- to obtain a limitation of the Processing of your Personal Data from BelCham, as far as this is possible;
- to receive your Personal Data in a structured, common and machine-readable format; and
- to prevent the Processing of your Personal Data and the use of your Personal Data for direct marketing purposes.
You may exercise these rights by contacting the Data Protection Officer and providing him or her with a copy of the front side of your identity card (any identification number(s) must be removed).
If and to the extent provided in the applicable Belgian and European regulations, you have the right to file a complaint with the competent supervisory authority should the Processing of your Personal Data violate the applicable regulations (or any other competent supervisory authority provided pursuant to the applicable laws as set out in clause 13 of this Statement). In Belgium, this is the Data Protection Authority (“Gegevensbeschermingsautoriteit”) https://www.dataprotectionauthority.be/.
- Amendments to this Statement
BelCham may amend this Statement from time to time. Amendments are uploaded on the Website and shall take effect as of the next time you register on our Website when visiting BelCham.
- Consent for Disclosure
You acknowledge, confirm, and expressly consent that we may disclose your Personal Data if this is required by law, or if BelCham determines in good faith that such disclosure is required in order:
- to comply with any pending judicial inquiry, judicial order or litigation pertaining to the Website;
- to compel observance of the contract between you and BelCham;
- to respond to claims against BelCham regarding Personal Data that violate any rights of third parties;
- to safeguard the rights, property and safety of BelCham, its employees, users, and the general public.
BelCham may disclose your Personal Data to police, judicial authorities or other official government authorities if BelCham deems this useful or necessary, in its sole discretion, for the investigation of fraud, intellectual property infringement or any other harmful activity, or if BelCham reasonably suspects that such activity may expose BelCham or you to any liability.
- Liability
If BelCham has legitimately transmitted your Personal Data to a third party (not being a Processor or sub-Processor), BelCham shall not be liable for any unlawful Processing or unlawful use by that third party.
Under no circumstances does BelCham accept responsibility for any direct or indirect damage resulting from faulty or unlawful use of the Personal Data by a third party.
BelCham is only liable for damage caused by Processing of Personal Data if we did not comply with our specific obligations of GDPR. BelCham shall in no event be liable for any special, incidental, indirect or consequential losses or damages.
- Applicable Law
This Statement shall be governed, interpreted, and implemented in accordance with the laws applicable to the Processing of your Personal Data given the international activities of BelCham (including but not limited to: the laws of the State of New York, the State of California, and Belgium).