Privacy Policy
1. Scope of the Policy
This Privacy Policy is intended to explain how the personal data of the users (“the User” or “you”) browsing X-FAB website (“Site”) are collected and processed by X-FAB and its affiliates (“X-FAB” or “we”). This Policy supersedes any previous Site policies regarding the privacy and protection of personal data. X-FAB reserves the right to modify or delete this Policy at any time.
2. Definitions
“Affiliates” shall mean any entity which owns or controls, is owned or controlled by, or is under common ownership or control with the Data Controller.
“Data Controller” is an entity that determines the purposes and means of processing personal data. The processing of your personal data collected through this website is controlled by X-FAB Silicon Foundries SE (hereafter "X-FAB").
“Data Processor” is an entity that processes personal data on behalf of Data Controller.
“Applicable Regulations” all regulations concerning personal data, including Regulation (EU) 2016/679 on the protection of natural persons 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) (the " GDPR ").
“Personal data or personal data” any information that allows the direct or indirect identification of a natural person such as a name, telephone number, email address, etc.
“Processing of personal data” any use of personal data. This notion covers many activities such as collection, recording, organization, structuring, conservation, adaptation, modification, extraction, consultation, etc.
“Recipient” a legal or natural person who accesses the personal data, or who receives transmission of it by the controller.
3. Purpose and legal basis
X-FAB takes its responsibility to protect your personal data very seriously and strictly observes the applicable European General Data Protection Regulation (GDPR) and where relevant due to the location of X-FAB entities, local regulations/ laws on personal data protection. X-FAB only processes personal data insofar as this is necessary for the purposes and activities it deploys.
X-FAB and X-FAB Affiliates process your personal data for the following (generic) purposes: customer relations management, direct marketing, supplier management, accounting and communication/public relations, investor relations, prospects, R&D, safety and health and environment or job recruitment process.
The processing of your personal data may be necessary for the execution of the contractual relation that exists between us. Without this data it is not possible to register your orders and to deliver the ordered products or to register the order of your company and to deliver the products at the right service or department of your company.
The contractual relation is also the basis for the processing of data in the recruitment and selection process, albeit that the processing then is necessary to take some (pre-contractual) steps at your request, following your application to our company.
In some cases, the processing will be based upon our legitimate interests, such as our freedom to enterprise, social responsibility, protect and safeguard our sites. This is the case for research and development and communication/public relations and safety and health environment. We take care that there is a balance between our interests and your rights or freedoms, for instance by giving you the possibility to object to the processing.
In some other cases, we also process personal data based on your consent. For example, when personal data is obtained and processed in the context of direct marketing (see below), information provided in contact form or when during the job application process when you allow us to process your data for the purpose of evaluation of your application in the job application process or store your data after the recruitment process to contact you for new offers.
4. Personal data processed
Within the framework of the purposes described above, when you access our website, your web browser automatically provides data to our web server for technical reasons. This data include:
- time and date of access
- URL of the referring web page
- file accessed
- volume of data sent
- name and version of your browser
- your operating system and your IP address
- geolocation data.
These items of data are evaluated for statistical purposes and then deleted. Such data collected using cookies is explained further in Cookies Policy.
While using this website we may also ask you to enter specific data:
- name
- last name
- work function
- company you work
This may happen when you interact with us as a representative of a customer, supplier, professional prospect or when we ask you for professional support or assistance or when we interact with you as our shareholders.
In case you decide to apply for a position at X-FAB through our careers website, you will be redirected to SAP Success Factors System and further data may be collected in accordance with relevant policy.
The type of data we process depends on the generic purpose of the processing. For instance, for customer management we process your identification and work function data, i.e. the data that will allow us to contact you in your capacity as representative of a professional customer.
5. Data sources
We collect your personal data directly from you. This information is necessary for you to be able to make requests via the contact form. If you refuse to provide it to us, we may not be able to receive your message and respond to you.
6. Recipients
In general, only authorized persons within X-FAB and its Affiliates can access your data to the extent necessary to serve purposes as set in Section 3 of this Policy.
However, some of your information may be transmitted to separate subcontractors and data controllers such as Mittwald for hosting, Google to measure the audience on the Site.
We take appropriate measures to ensure that our processors process your personal data in accordance with the Applicable Regulations. These measures include entering into data processing agreements contract with our Data Processors and subcontractors to govern our relationship in a manner consistent with this Applicable Regulation.
7. How long we keep your data
The retention period of your personal data may vary depending on the purpose for which your data is collected.
This period is determined by various criteria:
- the purposes for which we use your data: we will need to keep it for as long as necessary to achieve those purposes, in practice, this means that we certainly process your data if you have a relationship with us:
- e.g. as a customer, a supplier, as a contact person or a legal person of one of our clients.
- Legal obligations – laws or regulations may set a minimum retention period for your personal data.
We keep your data only for the period required to serve the purpose for which the data had been collected. After the applicable retention period your personal data will be deleted, destroyed or de-identified.
8. Transfers outside European Economic Area
Due to the multinational nature of our company, the data we process about you may be transferred to or accessed by our Affiliates and third parties from different global locations, including these outside of the European Economic Area ("EEA").
To protect your rights, we only transfer your personal data to a country where there is an adequate level of data protection based on the decision adopted by the European Commission or where such transfers occur to the country or third party which does not benefit from an adequacy decision, an appropriate transfer contract is put in place to protect your personal data.
9. Security
We take appropriate technical and organizational measures to ensure a level of security appropriate to the risks associated with your personal data. We follow industry best practices to ensure that personal data is not accidentally or unlawfully destroyed, lost, altered, disclosed in an unauthorized manner or accessed in an unauthorized manner.
10. Automated decision making
X-FAB does not make decisions based solely on automated processing of personal data which results in legal or similarly significant effects as described in article 22 of GDPR.
11. Your rights regarding processing of your data
- Right to be informed: You have the right to clear, transparent and comprehensible information about how we use your personal data and how to exercise your rights. For this reason, we provide you with the information contained in this Policy.
- Right of access: You have the right to obtain a copy of your personal data.
- Right to rectification: You have the right to have your data rectified if it is inaccurate or incomplete.
- Right to be forgotten: You have the right to have your personal data erased. However, the right to erasure (or the "right to be forgotten") is not absolute and is subject to specific conditions. We may retain your personal data to the extent permitted by the Applicable Regulations, and when their processing remains necessary for compliance with a legal obligation to which X-FAB is subject or for the establishment, exercise or defense of legal claims.
- Right to restriction of processing: You have the right to obtain the restriction of processing in certain circumstances (e.g. if X-FAB no longer needs your personal data but it is still necessary for the establishment, exercise or defense of legal claims).
- Right to portability of personal data: You have the right, under certain circumstances, to receive the personal data concerning you that you have provided to X-FAB in a structured, commonly used and machine-readable format and to transmit it to another controller.
- Right to object the processing: You have the right to object to certain types of processing (e.g., where the processing is based on X-FAB's legitimate interests).
- Right to withdraw the consent: If you have given your consent to X-FAB processing your personal data, you have the right to withdraw your consent at any time.
You can contact us by sending an e-mail to privacy@xfab.com if you have further questions about the issue of privacy and data protection or wish to exercise any of the abovementioned rights. We will always check your identity to ensure that it is you exercising your rights.
If you believe that the processing of your personal data violates legal requirements, you have the right to lodge a complaint with Belgian Protection Authority APD (Autorité de protection des données)/ GBA (Gegevensbeschermingsautoriteit).
12. Contact and Registration Forms
The website allows you to fill in the Contact Form and Registration Form. The fields marked with “*” are mandatory. The Contact form also includes a free text area where you may provide additional information. Please use this form to inquire about the services offered by X-FAB.
We kindly ask you to consider the information you provide through this form and to review how we use the data you submitted through the forms:
- The information will be used exclusively for internal processes, marketing initiatives, and follow-ups. We guarantee that this information will never be shared with any third parties without your explicit consent.
- The contact information will be stored in our CRM system and you will be automatically added to our marketing prospect list. You may receive email newsletters from X-FAB depending on the relevancy between your profile and the information to be shared. You can opt-out from receiver list at any time by clicking on the “unsubscribe” link in the email footer. You will not be removed from the prospect list until you opt-out yourself or your email address becomes invalid.
- We will retain the data you provide until you request its deletion through email or the purpose for its storage no longer exists.
13. Social media
YouTube
Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited. YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) GDPR. If you're logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account. Further information about handling user data, can be found in the data protection declaration of YouTube under https://policies.google.com/privacy.
14. Further information
Translated versions of this Privacy Policy are available on the Site and are provided for convenience only. In the event any difference in meaning between English language version and any translated versions, the English version will prevail.
We value your trust. Therefore, we are willing to share with you all the information you may require in regard to the handling of your personal data. If you have any questions not answered by this Privacy Statement or need more detailed information on a particular topic, then please do not hesitate to contact X-FAB at privacy@xfab.com.