Gorillini nv
Privacy Statement
Last modified on June 6, 2024
First of all, we are excited that you are interested in the product of Gorillini (i.e. Gorilla).
In this privacy statement, we document the way Personal Data is processed by us.
It is possible that we will ask you to share certain Personal Data with us, including but not limited to your first name, last name, e-mail address (identification data).. For certain specific obligations you may be required to provide us with additional data, such as billing or payment data.
We only collect Personal Data that is necessary to inform you about our products and services, to execute agreements with you, to contact you, to comply with a legal obligation to which we are subject and to pursue our legitimate interests, such as to continue to improve the quality of our products and services.
The legal grounds for the processing of your Personal Data are the execution of an agreement, a legal obligation, our legitimate interest and, in some cases, your consent (see also article 3).
The processing of your Personal Data is subject to this privacy statement. In case you have questions or remarks, please contact privacy@gorilla.co. By providing us with Personal Data, you are deemed to have acknowledged the use of your Personal Data in accordance with this privacy statement.
Article 1 – Definitions
“Affiliated Company” means a company to which Gorilla is affiliated, provided that such company meets the conditions for an “affiliated company” as set out in Article 1:20 of the Belgian Code on Companies and Associations.
“Controller” has the meaning as defined in the General Data Protection Regulation 2016/679. Gorilla will be qualified as the Controller, which determines the purposes and means of the processing of Personal Data.
“Gorilla” is the tradename/company name of Gorillini NV, a company with registered office situated at 2018 Antwerp (Belgium), Mechelsesteenweg 271 box 2.1 and registered in the Belgian Crossroads Bank for Enterprises with number 0717.600.654.
“Personal Data” has the meaning as defined in the General Data Protection Regulation 2016/679, which is any information relating to an identified or identifiable natural person (also called the “data subject”).
“Processor” has the meaning as defined in the General Data Protection Regulation 2016/679, which processes Personal Data on behalf of the Controller.
“Website” means the website of Gorilla: www.gorilla.co.
Article 2 – Categories of Personal Data
In the context of our services, we collect and process various categories of Personal Data, including but not limited to identity and contact details, and financial information. This Personal Data may relate to you in your capacity as a client, supplier, as well as their personnel. However, it is not possible to provide a comprehensive list of all Personal Data processed by us. The following list of Personal Data is therefore purely illustrative and non-exhaustive.
- First and last name
- Gender
- Address details
- Business number
- Phone number
- Email address
- Interaction data
- IP address to the extent we can identify you based on this
- Other Personal Data you provide to us or that we have received from third parties in the context of our assignment
Article 3 – Purposes and Legal Grounds
In this article 3 we have set out:
- the general categories of Personal Data that we may process relating to your capacity;
- the purposes for which we may process Personal Data;
- and the legal grounds of the processing.
A. Legal obligation
Client data
To comply with the obligations imposed on the Data Controller in the context of legal and administrative requirements and to meet the provisions of the Civil Code and accounting legislation, we collect and process certain data such as identity and contact data, as well as financial data of our clients, their personnel and associates as part of our services.
Supplier and subcontractor data
To comply with the obligations imposed on the Data Controller in the context of legal and administrative requirements and to meet the provisions of the Civil Code and accounting legislation, we collect and process identity and contact data, as well as financial data of our suppliers and subcontractors, their subcontractors, personnel and associates as part of our services.
Personnel data
To comply with the obligations imposed on the Data Controller in the context of legal and administrative requirements and to meet the provisions of the Civil Code and accounting legislation, we process identity and contact details, as well as financial data of our employees, as part of our personnel management, our personnel and staffing services and our salary administration services.
B. Necessary for the Performance of the Contract
Client data
As part of our services, we collect and process the identity and contact details of our clients and their personnel, which are necessary for the performance of the contract, the provision of our services, client management, and accounting, as well as during the pre-contractual phase, such as contacting, negotiating, providing/requesting information in connection with drafting and concluding an agreement.
Supplier and subcontractor data
We collect and process the identity and contact details of our suppliers and subcontractors, as well as their (sub)contractors and their personnel, for purposes such as the performance of the contract, supplier/subcontractor management, and accounting, as well as during the pre-contractual phase, such as contacting, negotiating, providing/requesting information in connection with drafting and concluding an agreement.
Personnel data
We process the Personal Data of our employees that is necessary for the performance of the contract in the context of our personnel management and payroll administration, such as identity and contact details and financial information.
Applicants data
We process the identity and contact data, as well as the work history and other data that is usually indicated on a curriculum vitae of applicants (e.g. a photo) when they provide us with this information. The Personal Data is processed to determine whether you qualify for a job with us on the ground of our legitimate interest and the necessity to perform a contract.
C. Legitimate Interest
Client data
As part of our services, we collect and process the identity and contact details of our clients and their personnel based on our legitimate interest for purposes of direct marketing activities, such as sending promotional or commercial information.
Supplier and subcontractor data
We collect and process the identity and contact details of our suppliers and subcontractors, as well as their (sub)contractors and their personnel, based on our legitimate interest to ensure the proper functioning of our operations.
Personnel data
We process the Personal Data of our employees in the context of our personnel management, background check and payroll administration based on our legitimate interest.
Regarding the processing of Personal Data for a background check of an employee, we have a legitimate interest in monitoring our employees to meet the quality criteria set by the ISO for achieving certification. Additionally, we have a legitimate interest in mitigating/avoiding the security risks associated with the energy industry in which the employee will operate.
In this case we may process:
- the identity of the employee;
- the excerpt from the employee's criminal record
- if the employee has completed labor relations with other employers:
- the previously involved functions of work;
- in what manner this work was performed;
- in what manner the previous labor relations were terminated;
- whether the employee actually has the required qualifications (by verifying endorsements);
- whether the employee actually has the submitted diplomas presented (no forgery);
- whether the employee has a work permit for the country of employment;
However, during and after the Investigation, we will process the Personal Data only to the extent that is strictly necessary and proportionate to the company’s needs regarding the labor relation.
D. Consent
Client data
As part of our services, we collect and process the identity and contact details of our clients and their personnel based on your consent for the use of cookies, the use of photos on our Website and social media pages, the use of testimonials on our Website, and direct marketing activities such as sending promotional or commercial information.
Personnel data
We process the Personal Data of our employees, such as photos used for commercial purposes or posted on our Website, based on their consent.
Applicant data
If we wish to retain the Personal Data of applicants for longer than two months after the selection process is completed, we will ask for your consent. From this point, we will process this Personal Data based on your consent.
Other data
In addition to the data of clients, suppliers/subcontractors, employees and applicants, we also process Personal Data of others, such as possible new clients/prospects, useful contacts within our sector, network contacts, etc. This is done via our Website or other channels. The purposes of this processing are in the interest of our activities, direct marketing and public relations. The legal grounds for this processing are our legitimate interest, the execution of an agreement and, in some cases, your explicit consent.
Specifically, we may use the Personal Data we collect for the following purposes:
- to provide you with information about our products and services;
- to provide you with our services and execute any agreements with you;
- to process and respond to any complaints or requests;
- to help us in evaluating, correcting and improving the Website and any related products or services of us;
- for direct marketing purposes;
- for internal reasons, such as corporate administration and archiving purposes.
Article 4 – The Confidentiality of your personal data
Every time you submit Personal Data, we shall handle this information in accordance with the stipulations of this privacy statement and any legal obligations applicable to the processing of Personal Data, including the General Data Protection Regulation (GDPR) 2016/679.
We shall establish appropriate measures and procedures to secure and protect the Personal Data we collect. In this way, we undertake to prevent, as far as can be reasonably expected, illegal processing of Personal Data and unintentional loss or liquidation of your Personal Data. However, despite these precautions, we cannot guarantee that your Personal Data will be protected if the data is transmitted via unsecured channels outside the contact form on the Website or otherwise shared in an insecure manner.
We optimize the security of your Personal Data by limiting access to your Personal Data to persons on a “need-to-know” basis (for example: only the employees, associates or subcontractors of Gorilla who need your Personal Data for the purposes as described in article 2 will have access to the data).
Article 5 – How do we collect your personal data and for how long is it stored?
Collecting Personal Data
Without being exhaustive, Gorilla collects your Personal Data in the following cases:
- when you submit Personal Data via the Website through the contact form provided;
- when you request a demo via the Website through the contact form provided;
- when you subscribe to our newsletter;
- when you enter into an agreement with us;
- when you apply for a position at Gorilla;
- when you call, mail us or correspond with us in another way than via the Website.
We can combine the Personal Data we collect via the Website with information which you provide us in another way or which third parties deliver to us.
We avoid collecting Personal Data that is not relevant to the purposes outlined in Article 3.
Retaining and deleting Personal Data
Personal Data will be stored and processed by us for the duration that is required in relation to the purposes of the processing.
Client data and supplier or subcontractor data will be removed from our systems after 7 years after the termination of the agreement involved, except for the Personal Data that we have to store for a longer duration based on specific legal obligations or in case of pending litigation(s).
Personal Data of our employees will be removed 5 years after the termination of the employment agreement, except for the Personal Data that we have to store for a longer duration based on specific legal obligations or in case of pending litigation(s).
Personal data of job applicants will be retained for up to 2 (two) years after the conclusion of the relevant recruitment process. This is to comply with legal obligations, resolve disputes, enforce agreements, or for legitimate interests such as considering you for future employment opportunities. If you do not wish for your data to be retained for this purpose, you may request its deletion at any time. Retention beyond this period will only occur with your explicit consent.
Other data will not be stored longer than 2 years after the last useful contact between us and you, except in the case of your explicit to retain this data for a longer period of time.
Article 6 – Transfer of personal data
We will not transfer Personal Data to third parties outside the European Economic Area, except to subcontractors or associates who retain the Personal Data in accordance with the European Commission’s Standard Contractual Clauses and thereby provide an adequate level of security for the processing of Personal Data.
Furthermore, we will not transfer your Personal Data to third parties inside the European Economic Area without your permission, except:
- when such transfer is necessary to permit associates, agents, subcontractors, suppliers or commercial partners to provide a service or accomplish a task in the name of Gorilla which is necessary for the execution of the agreement we have with you pursuant to our legitimate interest (including but not limited to providing marketing support, accomplish market research or providing user services);
- if it is required or permitted by applicable laws and regulations.
Any transfer of Personal Data to one of the third parties mentioned in the list above is in accordance with the stipulations of the General Data Protection Regulation (GDPR) 2016/679.
We ensure that measures are taken to make sure that third parties cannot use your Personal Data for other purposes than the purposes mentioned exhaustively in Article 3, and that these third parties have taken the necessary technical and organizational measures to protect these data.
We will have data processing agreements in place with the aforementioned third parties in order to ensure the security of the Personal Data.
Finally, we shall take all necessary precautionary measures to assure that our employees and associates who have access to Personal Data will process these Personal Data exclusively in accordance with this privacy statement and the obligations under the applicable privacy regulations.
Article 7 – Rights of the data subject
By virtue of both Belgian and European legislation concerning data protection, you have the rights as mentioned below. If you want to exercise these rights, you have to send a written request to privacy@gorilla.co. If there is no reasonable certainty as to your identity, we may ask you to provide us with a copy of your ID card with only first and last name visible.
Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
We will provide you with information within one (1) month of receipt of the request on the action that will be taken. This period may be extended up to a maximum of 2 (two) months if the request is complex, in which case we will inform you within 1 (one) month of the original request about the reasons for the delay. If we decide not to comply with your request, we will inform you within 1 (one) month of receiving the request as to why the request will not be fulfilled.
The right of access to Personal Data
You have the right to request that we provide all Personal Data we hold about you and to request a free copy of this data, provided that the rights of other data subjects are not affected. If you request additional copies, we will charge you a reasonable fee to cover the administrative cost of providing these copies.
The right to rectification of Personal Data
We kindly ask you to help to make sure that the Personal Data in our records are as accurate and up-to-date as possible. If you believe that the Personal Data submitted to us are incorrect or incomplete, please notify us as described above. We will correct or rectify your Personal Data as soon as possible.
The right to erasure of Personal Data
In some circumstances, you have the right to the erasure of your Personal Data without undue delay. Those circumstances include:
- the unnecessity to hold the Personal Data any longer in relation to the purposes for which they were collected or otherwise processed;
- the withdrawing of the consent to consent-based processing;
- in case the Personal Data was obtained without your explicit consent;
- in case it is required by law;
- in case the Personal Data was obtained when you were a minor;
- the processing that is for direct marketing purposes; and
- in case the Personal Data have been unlawfully processed.
However, there are certain general exclusions of the right to erasure. Those general exclusions include where processing is necessary:
- for compliance with a legal obligation; or
- for the establishment, exercise or defence of legal claims.
The right to restrict the processing of Personal Data
In the following circumstances you have the right to restrict the processing of your Personal Data:
- for contesting the accuracy of the Personal Data;
- when the processing is unlawful but you don’t want the Personal Data to be erased; or
- when you objected to processing, pending the verification of that objection.
Where processing has been restricted on this basis, we may continue to store your Personal Data. However, we will only process it with your explicit consent, for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest.
The right to object
You have the right to object to our processing of your Personal Data, under the following circumstances:
- when we process your Personal Data for direct marketing purposes (including profiling for these purposes) based on our legitimate interest; and
- on grounds relating to your particular situation (special personal circumstances).
The right to data portability
If you wish to exercise your right to data portability, we will send the Personal Data in a structured, commonly used and machine-readable format to a controller of your choice.
The right to withdraw consent
To the extent that the legal basis for our processing of your Personal Data is consent, you have the right to withdraw that consent at any time. However, withdrawal will not affect the lawfulness of processing before the withdrawal.
The right to complain to a supervisory authority
You can file a complaint with the Data Protection Authority (“Gegevensbeschermingsautoriteit”) by sending an e-mail to contact@apd-gba.be or by sending a written request to the Data Protection Authority with registered address located at 1000 Brussels, Drukpersstraat 35.
Article 8 – Third party links
The Website may contain links to websites of third parties which are not controlled by us. Although we will do our utmost to make sure that the links on the Website lead exclusively to websites that have corresponding security and confidentiality standards, we are not responsible for the protection and confidentiality of data, among Personal Data which you submit on other websites after you have left the Website.
Before submitting Personal Data we recommend that you proceed carefully and consult the privacy statement which applies to the website concerned.
Article 9 – Amendments
We may update this privacy statement from time to time by publishing a new version on our Website.
You should check this page occasionally to ensure your agreement to any changes to this privacy statement.
We may notify you of changes to this privacy statement by email to the extent that your e-mail address is available to us.
Article 10 – Cookies
We use “cookies” each time you visit the Website. A “cookie” is a piece of information sent to your device via the server and stored on the device’s hard drive. Cookies help us to recognize your device when you visit the Website. This allows us to make processing more user-friendly and to provide you with a personalized service. For more information, we refer to our cookie statement which can be found below.