Privacy notice – ECP Connect
The Woluwe Shopping Center is owned and exploited by Eurocommercial Properties Belgium S.A. (the “Company,” “we,” or “us”), a subsidiary of Eurocommercial Properties N.V. We want users of the ECP Connect app (the “App”) to be familiar with how we collect, use and disclose information that identifies them as an individual or relates to them as an identifiable individual (“Personal Information”). This ECP Connect Privacy Notice describes how we process Personal Information of our tenants and other users of the App.
COLLECTION AND PROCESSING OF PERSONAL INFORMATION
How we collect Personal Information
We collect Personal Information from you, your store manager when he creates an account on your behalf, or automatically through your use of the App.
We need to collect certain Personal Information in order to provide the functionalities of the App to you. If you do not provide the information requested, we may not be able to provide the services.
Processing of Personal Information
We use your Personal Information for legitimate business purposes as described in the overview below.
Making our services available to you
| Purpose | Examples of Processing Activities | Personal Information Categories | Legal Basis |
|---|---|---|---|
| Providing the functionality of the App | Provide the functionality of the App to you, such as arranging access to your online account; facilitating your communications with us through the App; providing you with notifications and information; enabling App users to post information (e.g., job vacancies, personnel discounts). | Account username and password; name; job title; business email address; business postal address; business phone number. | Performance of the tenancy agreement and the ECP Connect Terms of Use. |
| Support service | Administering support services to facilitate and address inquiries, requests, comments and complaints about any of our services, for example, to address issues you have with the App or concerns related to your tenancy agreement. | Account username and password; name; job title; business email address; business postal address; business phone number; content of your request, comment or complaint; communications related to your request, comment or complaint; relationship history. | Depending on the nature of your request, we rely on:
|
| Communicating important changes / service messages | Sending you important information regarding our relationship with you, our services, information and news related to the Woluwe Shopping Center, any changes to our terms, conditions, policies and procedures, and/or other administrative information. | Name; job title; business email address; business postal address; business phone number. | Legitimate interests, such as to ensure our services are used in accordance with our terms, conditions, and policies.
Performance of contract, where the communication relates to our tenancy agreement or the Eurocommercial ECP Connect Terms of Use. |
| Operations and general business | Administering the App (including troubleshooting and diagnostic testing, conducting performance analyses, testing new features to evaluate their impact, system and log maintenance, technical support, debugging, and the hosting of data). | Personal Information as relevant for the specific business operation, including analytics and log data. | Legitimate interests, such as ensuring the safety and continuity of the App. |
Marketing
| Purpose | Examples of Processing Activities | Personal Information Categories | Legal Basis |
|---|---|---|---|
| Marketing | Send you promotional information about our services, newsletters, promotions, offers and other news about our Company.
Post general marketing information (e.g., information about events or sales campaigns at the Woluwe Shopping Center) on the App. |
Name; job title. | Legitimate interests, such as to promote our services and manage our relationship with you. |
| Relationship building and engagement | Conduct surveys to gather your feedback on management processes, events, and promotional campaigns. | Name; job title; content of feedback received. | Legitimate interests, such as ensuring tenant engagement with the Woluwe Shopping Center and identifying areas for improvement. |
Improving our services
| Purpose | Examples of Processing Activities | Personal Information Categories | Legal Basis |
|---|---|---|---|
| Improving and developing new services | Conduct data analysis, for example, monitoring and analyzing usage of the App and using data analytics to improve the efficiency of our App; develop new services that may be of interest to tenants; identify usage trends and need for new functionalities of the App. | Name; job title; content of feedback received; analytics and log data. | Legitimate interests, such as understanding the effectiveness of the App and identifying areas for improvement or need for the development of new services. |
| Aggregating and/or anonymizing Personal Information | Aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. | Personal Information as relevant for the specific business purpose. | Legitimate interests, such as to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual. |
Security and legal reasons
| Purpose | Examples of Processing Activities | Personal Information Categories | Legal Basis |
|---|---|---|---|
| Fraud prevention and security | Conduct audits, verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements; monitor for and prevent fraud; security purposes. | Personal Information as relevant for the specific purpose. | Legal obligations to conduct audits.
Legitimate interests, such as ensuring the security and appropriate use of our App. |
| Legal and compliance | Fulfil our legal and compliance-related obligations, including complying with applicable laws; complying with legal processes; responding to requests from public and government authorities; meeting national security or law enforcement requirements.
Enforcing our terms and conditions; protecting our operations; protecting the rights, privacy, or property of the Company; and allowing us to pursue available legal remedies, defend claims and limit the damages that we may sustain. |
Personal Information as relevant for the specific legal action, regulatory investigation, and/or legal processes in question. | Legal obligations, such as complying with legal processes.
Legitimate interests, such as enforcing terms and conditions and bringing or defending legal claims. |
| Emergency and incident response | Ensuring the safety of on-site personnel, tenants and visitors; responding to, handling and documenting on-site accidents and medical and other emergencies; actively monitoring properties to ensure adequate incident prevention, response and documentation; requesting assistance from emergency services; and sending notifications and alerts in the event of incidents or emergencies (including through push notifications on the App). | Name; job title; business email address; business postal address; business phone number; information related to an event or incident. | Legal obligations to address incidents and emergencies.
Legitimate interests, such as ensuring individuals’ safety. Protect individuals’ vital interests, such as contacting medical or emergency services where an individual’s life is at risk. |
Disclosure of Personal Information
We disclose Personal Information to the following recipients:
- Our parent company, Eurocommercial Properties N.V., to create aggregate insights;
- Mallcomm Limited, the third party service provider and developer of the App;
- Other IT and related infrastructure service providers.
Other Disclosures
We will also disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:
- To public and/or government and/or regulatory authorities, including courts, tribunals, regulators, tax authorities and other government authorities;
- To third persons (legal or natural), as relevant for the specific legal action and/or processes in question (such as lawyers, auditors, insurers, advisory firms, etc.);
- To third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). You will be notified of any such business transaction and of possible changes to the processing of your Personal Information in accordance with applicable law and the ‘Updates To This Privacy Notice’ section.
SECURITY
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
CHOICES AND INDIVIDUALS’ RIGHTS
How you can exercise your rights
The App has a self-service functionality that allows you to make updates to your profile page or delete your profile.
In addition to the App’s self-service functionality, if you would like to request to access, correct, update, suppress, restrict, or delete Personal Information, object to or opt out of the processing of Personal Information, withdraw your consent (which will not affect the lawfulness of processing prior to the withdrawal), or if you would like to request to receive a copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us in accordance with the “Contacting Us” section below. We will respond to your request consistent with applicable law.
In your request, please make clear what Personal Information you would like to have changed or whether you would like to have your Personal Information suppressed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes (e.g., if you are a tenant, you cannot ask us to delete the invoices we sent to you as we have an obligation under Belgian tax law to maintain these records).
You may lodge a complaint with an EU/EEA data protection authority for your country or region where you have your habitual residence or place of work or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at https://www.edpb.europa.eu/about-edpb/about-edpb/members_en. You may contact the Belgian data protection authority through this link (for Flemish) and this link (for French).
RETENTION PERIOD
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law, for example, for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.
The criteria used to determine our retention periods include (i) the length of time we have an ongoing relationship with you and provide the services to you (for example, for as long as you are our tenant or have an account with us); (ii) whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your financial transactions for a certain period of time before we can delete them); or (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
Where a legal obligation arises or retention is advisable in light of our legal position, in some circumstances, we will retain certain Personal Information, even after your account has been deleted and/or we no longer provide the services to you; for example:
- To cooperate with law enforcement or public, regulatory and government authorities: If we receive a preservation order or search warrant, related to your account, we will preserve Personal Information subject to such order or warrant even after you delete your Services account.
- To pursue or defend a legal action: We may retain relevant Personal Information in the event of a legal claim or complaint, including regulatory investigations or legal proceedings about a claim related to your Personal Information, or if we reasonably believe there is a prospect of litigation (whether in respect of our relationship with you or otherwise) for up to 5 years after the dispute has been settled or decided by a court or tribunal from which there is no further right of appeal.
THIRD PARTY SERVICES
This Privacy Notice does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the App links. The inclusion of a link on the App does not imply endorsement of the linked site or service by us or by our affiliates.
USE OF SERVICES BY MINORS
The App is not directed to individuals under the age of thirteen (13), and we do not knowingly collect Personal Information from individuals under 13.
JURISDICTION AND CROSS-BORDER TRANSFER
Your Personal Information may be stored and processed outside of the European Economic Area, such as in the United Kingdom.
For such transfers, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Adequacy Decisions: Some non-EEA countries, including the United Kingdom, are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here).
Standard Contractual Clauses: For transfers of Personal Information from the EEA to non-adequate countries, which are not considered adequate by the European Commission, we have put in place standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by contacting us in accordance with the “Contacting Us” section below or by following this link.
SENSITIVE INFORMATION
Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the App or otherwise to us.
UPDATES TO THIS PRIVACY NOTICE
The “LAST UPDATED” legend at the top of this Privacy Notice indicates when this Privacy Notice was last revised. Any changes will become effective when we post the revised Privacy Notice on the App.
CONTACTING US
Eurocommercial Properties Belgium S.A., Brussels, located at Rue Saint-Lambert 200, 1200 Woluwe-Saint-Lambert, Belgium, is the company responsible for collection, use, and disclosure of your Personal Information under this Privacy Notice.
If you have any questions about this Privacy Notice, please contact us at GDPR@ecpnv.com.
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.