Transfluvia NV, with registered office at Transportcentrum LAR K20, 8930 Menen, Belgium, company number 0405.517.606, attaches importance to the protection of personal data and processes such data in accordance with applicable data protection legislation, including Regulation (EU) 2016/679, the General Data Protection Regulation (“GDPR”), and Belgian data protection legislation.
For processing activities for which Transfluvia itself determines the purposes and essential means, Transfluvia acts as data controller.
You may contact Transfluvia with any questions about this privacy notice or the processing of your personal data at:
Transfluvia NV
Transportcentrum LAR K20
8930 Menen
Belgium
E-mail: customs@transfluvia.be
This privacy notice applies to personal data processed by Transfluvia as controller in connection with, among other things:
For certain processing activities, Transfluvia may also act as a data processor, in particular where it processes personal data exclusively on behalf of and in accordance with the instructions of a customer, for example in connection with certain software applications or other services.
Where Transfluvia acts as processor, the relevant customer in principle determines the purpose of the processing and acts as controller. Processing is then governed by the applicable agreement and the provisions included therein in accordance with Article 28 GDPR.
Whether Transfluvia acts as controller or processor is determined by the parties' actual role in the relevant processing activity.
Depending on the nature of the relationship, assignment or service, Transfluvia may process, among other things:
Transfluvia requests or retains a copy of an identity document only where necessary for the relevant purpose and legally permitted.
Transfluvia does not seek systematically to collect special categories of personal data within the meaning of Article 9 GDPR. Where such data nevertheless necessarily appear in a file, they are processed only where a valid legal basis exists.
Transfluvia may obtain personal data directly or indirectly, including:
Where personal data have not been obtained directly from the data subject, Transfluvia provides the information referred to in Article 14 GDPR where and insofar as required and no statutory exception applies.
Transfluvia processes personal data only where a valid legal basis exists.
Where a natural person is personally party to an agreement, personal data may be processed to respond to enquiries, prepare and handle quotations, accept and perform assignments, communicate about services, provide services or software, invoice and process payments and provide support.
The legal basis is the performance of the agreement or taking steps at the request of the data subject before entering into an agreement.
Transfluvia processes personal data where necessary to comply with legal or regulatory obligations, including obligations relating to customs, excise duties, VAT and taxation, accounting, administrative audits, authorisations and approvals, sanctions, prohibitions and restrictions, trade and product regulations, security, fraud prevention and statutory documentation and retention obligations.
Transfluvia may process personal data on the basis of its legitimate interests or those of a third party, provided that the data subject's interests or fundamental rights and freedoms do not override those interests.
These interests may include efficient customer and business administration, communication with business partners, management and improvement of services, IT, network and information security, access management and logging, preventing and investigating errors, misuse and fraud, debt collection, internal controls and quality monitoring, documenting and demonstrating proper performance of assignments, handling complaints, establishing, exercising or defending legal claims and defending Transfluvia, its directors, employees and auxiliaries against claims or allegations of liability.
Where processing is based on consent, for example for certain non-essential cookies or electronic marketing communications where consent is legally required, that consent may be withdrawn at any time for the future.
Withdrawal does not affect the lawfulness of processing carried out beforehand.
In certain cases, providing personal data is necessary to enter into or perform an agreement, handle an assignment, comply with legal or regulatory requirements, complete customs, tax or other administrative formalities or verify a person's identity or authority to represent another person or entity.
If the necessary data are not provided, Transfluvia may be unable to accept or perform an assignment or complete a particular formality.
In connection with customs, excise, tax and related services, Transfluvia may process personal data and disclose them to competent public authorities where necessary to perform an assignment or comply with legal obligations.
This may include data required for customs declarations, excise formalities, import, export and transit formalities, authorisations, inspections and audits, origin formalities, sanitary or phytosanitary formalities, trade measures, prohibitions and restrictions, refunds, objections or administrative appeals.
The personal data required depend on the goods, transaction, customs procedure and applicable legislation.
Transfluvia discloses personal data only where necessary and lawful for the relevant purpose.
Depending on the processing concerned, data may be disclosed to Belgian, foreign and European customs authorities, tax and excise authorities, sanitary and phytosanitary authorities, supervisory and enforcement authorities, carriers, freight forwarders, terminal operators, warehousing companies, agents, banks, payment service providers, insurers, accountants, lawyers, bailiffs, experts, IT, hosting, cloud, communications, security and software providers, subcontractors, auxiliaries, courts, arbitral tribunals and competent authorities.
Transfluvia uses Microsoft 365, Exchange Online, Outlook and Microsoft Teams for, among other things, e-mail, calendar and communications functionality, collaboration, online meetings and other business processes.
Personal data may be processed by Microsoft as part of the services it provides to Transfluvia and in accordance with Microsoft's applicable contractual and data protection terms.
Transfluvia also uses IT, hosting, cloud, security, software and website service providers which may process personal data as part of their services to Transfluvia.
Transfluvia ensures that service providers processing personal data for it are engaged in accordance with applicable data protection legislation and that, where required, appropriate contractual safeguards are put in place.
Transfluvia uses IT, cloud, communications and other service providers whose services may, in certain circumstances, result in personal data being processed or transferred outside the European Economic Area (“EEA”) or accessed from outside the EEA.
For European customers of various Microsoft 365 services, Microsoft provides an EU Data Boundary, under which customer data and certain other personal data are, to a significant extent, stored and processed within the European Union and EFTA.
This does not mean that all processing takes place exclusively within the EEA without exception. Data may still leave the EU Data Boundary or be accessed from outside it for certain global technical and operational processes, cross-border Teams communications, user-initiated communications with persons outside the EU Data Boundary, certain support, security or service activities and certain directory, network, diagnostic or pseudonymised data.
Where personal data are transferred to a country outside the EEA, Transfluvia ensures that a valid transfer mechanism exists in accordance with Chapter V GDPR, such as an adequacy decision by the European Commission or appropriate safeguards, including Standard Contractual Clauses approved by the European Commission.
Microsoft regulates data protection and international transfers, among other things, in its current Microsoft Products and Services Data Protection Addendum.
Further information about applicable safeguards and, where applicable, a copy thereof may be requested from customs@transfluvia.be.
Transfluvia does not retain personal data for longer than necessary for the purposes for which they are processed.
The specific period is determined taking into account the duration of the customer or business relationship, the nature of the assignment or file, statutory and regulatory retention obligations, tax, accounting, customs and administrative periods, applicable limitation and expiry periods, the need to demonstrate performance of assignments or compliance with legal obligations and security and fraud-prevention purposes.
Where an audit, investigation, objection, appeal, liability claim or judicial or administrative proceeding is pending or can reasonably be anticipated, relevant data may be retained for as long as necessary to establish, exercise or defend legal rights and claims, including the defence of Transfluvia, its directors, employees or auxiliaries.
Data are subsequently deleted or anonymised when further identification is no longer necessary or justified.
Transfluvia takes appropriate technical and organisational measures to protect personal data against unauthorised access, unlawful processing, accidental loss, destruction, damage, unauthorised alteration and unauthorised disclosure.
The measures are tailored to the nature, scope, context and purposes of the processing and the associated risks.
When the website is used, technical data may be processed, including IP addresses, session data, log data and information obtained through cookies or similar technologies.
Strictly necessary cookies may be used for the proper and secure functioning of the website.
Non-essential cookies and similar technologies are used only after the required prior consent has been obtained.
For a detailed overview of the cookies and technologies used, their providers, purposes, retention periods and categories and how consent can be given, refused or withdrawn, please refer to Transfluvia's separate cookie notice.
Transfluvia does not make decisions based solely on automated processing, including profiling, which produce legal effects concerning a data subject or similarly significantly affect that person.
Depending on the processing concerned and the applicable legal conditions, you have rights including the right to information, access, rectification, completion, erasure, restriction of processing and data portability, as well as the right to object to processing based on a legitimate interest and to object at any time to direct marketing.
Where processing is based on consent, you may withdraw that consent.
These rights are not absolute. Transfluvia may be required or entitled to retain data where a statutory retention obligation applies, data are necessary for an ongoing assignment, an audit or proceeding is pending or retention is necessary for the establishment, exercise or defence of legal claims.
You may exercise your rights by contacting customs@transfluvia.be.
Transfluvia may request additional information where reasonably necessary to verify the requester's identity.
Where Transfluvia uses personal data for direct marketing purposes, this is done on a valid legal basis and in accordance with the applicable rules on electronic communications.
You may object at any time and free of charge.
If you have questions or complaints about how Transfluvia processes your personal data, you may first contact customs@transfluvia.be.
You also have the right to lodge a complaint with:
Data Protection Authority
Rue de la Presse 35
1000 Brussels
Belgium
contact@apd-gba.be
Lodging a complaint does not affect any other administrative or judicial remedies.
Transfluvia may amend this notice where its activities or services, processing activities, IT systems or service providers or applicable laws or regulations change.
The most recent version is published on the website together with the date of the latest update.
Where a change has material consequences for an existing processing activity, Transfluvia will provide additional information where and insofar as required by the GDPR.
The information on this website is provided for general information purposes only. Although Transfluvia takes reasonable care to ensure that it is accurate and up to date, it cannot be guaranteed that all information is complete, accurate or current at all times.
The information on this website does not constitute individual customs, tax, legal or other professional advice and must not be regarded as such. Assessment of a specific situation requires a separate assignment and assessment.
To the extent permitted by applicable law, Transfluvia is not liable for damage arising solely from the use of or reliance on general information provided on this website.
The website may contain references or links to third-party websites or services. Transfluvia has no control over their content or operation and is not responsible for them.