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De Groote – De Man (hereafter “DGDM”, “we” or “us”) takes your privacy very seriously and considers it important for your personal data (hereafter “your data”) to be treated with the necessary care and confidentiality at all times.

This privacy statement explains why we require your personal data and what we do with it. If you have any questions after reading this privacy statement, you are always welcome to contact us.

To avoid any misunderstandings, we would like to clarify that this Privacy Statement is applicable on the processing of personal data from:

  • visitors of our website degroote-deman.be (hereafter “Website”);
  • (our contacts at) (potential) clients and/or business partners in the context of providing legal services;
  • job applicants who submit an application with DGDM.

Content

  1. Who are we?
  2. Which data do we collect?
  3. Which special categories of data do we collect?
  4. For which purposes do we collect this data and on which legal basis?
  5. From whom do we receive your data?
  6. How long do we store your data?
  7. Storage location and security of your data.
  8. Which data do we share with third parties or third countries?
  9. What are your rights as a data subject?
  10. How can you exercise your rights?
  11. What are your options for filing a complaint?
  12. Final provision

Who are we?

DGDM is responsible for processing your data. This means that we determine the purpose and resources (or the “why” and “how”) for processing your personal data. For questions concerning the processing of your data, you can always contact us via the following contact details:

–     By mail:              Advocatenkantoor De Groote – De Man, Heernislaan 91, 9000 GENT

–     By email:           info@degroote-deman.be

–     By phone:         +32 9 225 23 16

Which data do we collect?

Hereunder we clarify which personal data we can process depending on the relationship you have with DGDM. Depending on the situation, we will not necessarily process all of the personal data below. In our client relations for example, the collected data will to a large extent depend on the type of services we provide to you and thus which personal data we need to efficiently provide you the services.

Users of our Website

  • electronical identification data: including IP address, browser type, login credentials of your mobile device;
  • information about your use of the Website: including how you end up on our Website, the web pages you visited, the way in which you navigate on these web pages;

Since we rely on the use of cookies for processing the abovementioned data, we refer to our Cookie Statement for more information.

(Potential) clients and business partners

  • identification details: including identity card details, a copy of your identity card (e.g. for verifying your identity when you file a request in relation to the processing of your data by DGDM);
  • contact details: including name, prename, address, email address, telephone number, professional position;
  • biographical details: including age, gender, date of birth, place of birth, marital status, nationality;
  • family data: including information about your marriage or the current form of cohabitation, particulars of previous marriages or commitments and particulars about the other family or household members;
  • contact history: sent and received communication with you (e.g. by email, via the contact form on our Website, via WhatsApp or Facebook Messenger);
  • special categories of personal data (see title 3).

Job applicants

identification details: including identity card details, a copy of your identity card;

  • contact details: including name, prename, address, email address, telephone number, professional position;
  • biographical details: including age, gender, date of birth, place of birth, marital status, nationality;
  • contact history: sent and received communication with you (e.g. by email, via the contact form on our Website, via WhatsApp or Facebook Messenger);
  • work-related information: including curriculum vitae, education details, certificates and transcripts, language proficiency, professional career, publications;
  • personality profile: including hobbies, social activities, personality;
  • image recordings: including photos or video footage you would provide us with in the context of your application;
  • contact details of your references.

Which special categories of data do we process?

From some of our (potential) clients we possibly process, on top of the abovementioned data, special categories of data. These are data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, data concerning health, data concerning a person’s sex life or sexual orientation, and finally data relating to criminal convictions and offences.

We only process such data if this is essential for providing legal services to you. E.g. in the context of criminal proceedings, it can be necessary to have information about the alleged offences or previous convictions to defend your interests. To give another example: in the context of a dispute relating to social law, certain medical data might be relevant.

For which purposes do we process this personal data and on which legal basis?

General

We only process your data for legitimate purposes, and it will only be processed based upon the legal grounds for processing as listed in the European General Data Protection Regulation (GDPR). Hereunder we clarify on which legal grounds we process your personal data depending on your relationship with DGDM.

When we process personal data on the basis of your consent, you may withdraw this consent at any time by contacting us. We request that you notify us of your withdrawal of consent by email or letter or, if orally by phone, please confirm in writing.

When we process your data on the basis of our legitimate interests, we will limit the effects that this may have on your privacy by minimizing our use and establishing appropriate access and security measures in order to prevent unauthorized use. Moreover, you have at any time the right to object against the processing of your personal data that is based on our legitimate interests.

 (Potential) clients and business partners

When providing our legal services as a law firm, we process your personal data because this is necessary for the execution of the contract with our clients and business partners.

Examples are processing your personal data for scheduling an appointment, analysing your legal question, processing the necessary data in any documents necessary for the legal proceedings, ….

We also process your data when this is necessary for complying with our legal obligations, such as to comply with the anti-money laundering legislation, anti-terrorism legislation and tax legislation (the Common Reporting Standard).

When we process special categories of personal data in the context of the providing our legal services, we do so because this is necessary or legally required for the legal proceeding. Personal data relating to criminal convictions and offences will be processed if this is required for the defence of your interests.

Furthermore we may process your data based on your prior consent. This is for example the case when you want to download content that we provide on the Website. DGDM uses the provided email address in this event to provide you with the requested files. When we rely on your consent, you can withdraw this consent at any time by contacting us.

Finally, we may process your data on the basis of our legitimate interests which, in specific cases, may outweigh any potential harm to your rights. You have the right to object at any time against the processing of your data that is based on our legitimate interests.

In the case mentioned above, we also rely on our legitimate interests to send you some follow-up emails that are directly related to your download. If you do not wish to receive such follow-up emails, you always have the possibility to unsubscribe. You can unsubscribe by clicking the link that is provided at the bottom of such emails.

In addition, we rely on our legitimate interests to use your contact details to send you newsletters for example. We will do so when you already are (or have been) a client of ours, or when you already have taken a first step indicating that you may wish to call on our legal services. In this event you can also unsubscribe by clicking the link that is provided at the bottom of such emails.

We also process your data on the basis of our legitimate interests to evaluate and improve the provision of our legal services. We do so by asking you if you would recommend our services to other persons (the ‘Net Promoter Score’ or ‘NPS’). In this context, we possibly may also send you a questionnaire that asks your feedback, as our client, on our legal services in a more in-depth way.

Finally, we process your data on the basis of our legitimate interests to send you promotional gifts at appropriate times.

Job applicants

In the context of an application procedure, we process your data because this is necessary for assessing whether DGDM wants to conclude an employment, internship or cooperation agreement with you.

From whom do we receive your data?

We obtain your data directly from you, from our clients, from public sources or from third parties.

When we obtain your data from our clients or this parties, this is necessary to provide legal services. We are hereby, as an association of lawyers, always bound by professional secrecy.

We can also obtain your data from public sources, this concerns for example consulting the Crossroads Bank for Enterprises (e.g. to verify who has the necessary authority within the company), press articles, your profile on professional social networks in the context of an application, or other publicly available information.

How long do we store your data?

DGDM does not store your data for longer than is necessary in order to achieve the purpose for which the data has been collected or processed.

Sometimes specific legislation will require us to retain the data for a certain period. DGDM will always comply with conditions for retention or storage of data imposed by specific legislation.

Storage location & security of your data.

We mainly store your data on externally hosted IT systems. We outsource the storage of case files, the management of our website, and the processing of your data via the use of cookies to specialised third parties. These external service providers act as “processors” on our behalf (see title 7).

We have taken the necessary physical and appropriate technical and organizational (precautionary) measures in order to secure your personal data against any form of unlawful processing.

All lawyers and employees of DGDM are bound by professional secrecy. The information you provide to us will therefore always be treated with the utmost discretion.

Which data do we transfer to third parties or third countries?

We will not share your data with third parties (except our processors) without your consent or approval, unless when we are required to do so by law or when this is necessary for providing you with our legal services.

As mentioned under title 6, we have engaged external service providers, so- called “processors”, to support our business operations. These external service providers perform certain processing activities on your data on our behalf. We will only share your data with these external service providers insofar this is necessary for the purposes for which it was collected.  These “processors” cannot use your personal data for other purposes. In addition, they are contractually bound to ensure the confidentiality of your data. To guarantee the aforementioned commitments, we have concluded a so-called “data processing agreement” with these parties.

The processing activities we outsource include:

  • the digital storage of our case files;
  • the management of our Website;
  • analysing the way in which you navigate on our Website (if you have consented to the use of analytical cookies);
  • sending out newsletters via a mailing platform;
  • the electronical process that is necessary for checking your satisfaction via the Net Promoter Score (NPS).

As regards to the collection of user statistics via analytical cookies, sending out newsletters via a mailing platform, and the use of the NPS, your personal data might be processed outside the EEA. Your personal data will only be transferred to third countries of which the European Commission has decided that they ensure an adequate level of protection of your data, or when other measures have been taken to ensure the lawful processing of your data in these third countries.

What are your rights as a data subject?

At any time you can manage your data that was collected by DGDM, by exercising your rights as a data subject.

You have the following rights:

–              Right of access and copy;

You have the right to access your data and to obtain a copy of it.

–              Right to rectification;

You have the right to obtain rectification of inaccurate data that concerns you.

–              Right to erasure (“right to be forgotten”);

You have the right to request that we erase your data without unreasonable delay.

–              Right to restriction of processing;

You have the right to restrict the processing of your data. In this case the processing will be temporarily ceased until there is, for example, certainty about the correctness of the data.

–             Right to object;

You have the right to object against the processing of your personal data that is based on our legitimate interests. You can exercise this right on grounds relating to your particular situation. In this case we need to cease the processing, unless we can demonstrate compelling legitimate grounds to continue processing your data.

You can, regardless of the legal basis upon which the processing is based, always object against the use of your data for direct marketing, after which we are obliged to stop processing for these purposes.

–              Right to data portability;

In case it’s regularly or deontologically permitted, you have the right to receive the data, which you provided to us, in a structured, commonly used and machine-readable format. This makes it easy for you to transfer your data to another organisation.

You also have the right to request us to directly transfer your data to another organisation.

However, the exercise of the above rights is subject to certain limitations, as provided in the GDPR.

How can you exercise your rights?

If you would like to exercise one of the rights described above, please contact us via the contact details provided under title 1 (by email, telephone or mail).

When you submit a request to exercise your rights, we will first of all verify your identity by requesting a copy of your identity card. We do this in order to prevent your data from falling into the wrong hands.

Exercising your rights is in principle free of charge. If your request appears to be unfounded or frivolous, we may charge you a reasonable fee in order to cover our own administrative costs. In such cases, however, we may also simply opt to decline your request. You will then be notified of the reasons for this.

In each case, we will come back to your request within 4 weeks (for simple requests), or 3 months (for complex or frequent requests).

What are your options for filing a complaint?

Despite all of our efforts to protect your privacy and to comply with the relevant legislation, it is possible that you may not agree with the way in which DGDM collects, uses and/or processes your personal data.

Naturally, in that case you may always contact us, but you also have other possibilities for filing a complaint.

In first instance you can file a complaint with the supervisory authority, which you can contact via the contact details below:

Data Protection Authority

Drukpersstraat 35 1000 BRUSSEL

Tel: +32 (0)2 274 48 00

Fax: +32 (0)2 274 48 35

Email: contact@apd-gba.be

Subsequently, you find recours with the competent court.

For more information concerning complaints and legal recourse, we invite you to consult the following website page of the Data Protection Authority:

https://www.gegevensbeschermingsautoriteit.be/verzoek-klacht-indienen

Final provision.

We reserve the right to unilaterally modify our Privacy Statement at any time. Each amended version will always be available on our Website and will apply immediately from the moment of publication. The date on which our Privacy Statement was last modified, can be found hereunder.

Last modified on: 15 April 2020.