Privacy statement – GDPR

Privacy statement[1]

This is the privacy statement of the BV Kantoor Sylvie Micholt, with registered office : Maria van Bourgondiëlaan 7b, 8000 Bruges, Vat-n° : BE0628.638.093 as well as BV Advocatenkantoor Ralf Micholt, with registered office : Maria van Bourgondiëlaan 7b, 8000 Bruges, VAT-n° : BE0452.474.118 as well as all lawyers having their principal seat at the address Maria van Bourgondiëlaan 7b, 8000 Bruges[2] and are together called Amistadlaw.

Through this privacy statement we wish to inform each party concerned as good as possible about the way your personal data are collected and processed.  This privacy statement is applicable on all relations between us on the one hand, the clients, suppliers, partners, prospects and oppositions on the other hand.

The Firm takes the protection of your data serious and takes appropriate measures to counter abuse, loss, unauthorised access, undesired disclosure and unauthorised modifications.

Furthermore, as well the deontology of every lawyer as the legal obligation of profession secrecy of every lawyer includes obligations regarding the protection of personal data.

Responsible staff member for the protection of data:

Contact person: Sylvie Micholt

Maria van Bourgondiëlaan 7b

8000 Bruges

Tel: +32 50 314130

www.amistadlaw.be

privacy@amistadlaw.be

Which personal data do we process and why ?

As lawyers we have different categories of personal data to our disposal because you make use of the services of the Firm and/or because you yourself provide (have provided) these to us like a.o.  data for identification and contact, financial data, data about your family, data about your criminal and judicial past, data about your professional career, etc…

These data can as well relate to your relation with the Firm as client, supplier, partner or even as to you as business relation with one of the clients.

Below you will find a non-limitative summary of the personal data that are processed by us.  However, a limitative summary is impossible, due to the fact that this can always change from situation to situation, from case to case.

A non-limitative and illustrative list is to be found below :

–      General personal data : first and lasts name, gender, date of birth, place of birth, address information, phone number, e-mail adress, Whasappnumber, other personal data you actively provide to found your case, bank account number –       etc.  

–      Particular personal data[3]: criminal past, offences or convictions, data bout persons younger than 16 years, personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

We do not use automated data processing (cfr. : profiling).

Your personal data are processed by the Firm for different means, among which the conducting of the general and financial administration, the management of the customer and supplier files, to provide a correct service and the good accomplishment of the agreements, direct marketing activities.

Which are the legal grounds for the processing of your personal data ?

The obligation the Firm has regarding the processing of your personal data is given in the General Data Processing Regulation[4].

 Article 6.1 of that Regulation describes on which legal grounds your personal data can be processed.  Below you will find a non-limitative summary of the (legal) grounds the Firm relies on for the processing of your personal data :

–      your permission: by appealing to the services of the Firm you have given your express and specific permission.  You can always withdraw your permission (see below) ;

–      based on the legal and deontological obligations the Firm has to comply with : as a law firm we are obliged in terms of legal obligations to keep your personal data.   This is for example the anti-money laundering legislation[5], social and fiscal legislation, etc.;

–      based on the agreement the Firm has with you : to provide adequate services we need to collect and process your personal data.  Obviously we confine us to the necessary data ;

–      the interest that you as well as the clients have : the Firm processes your personal data because these are necessary for the interests of the Firm, those of the clients to safeguard you (in legal proceedings).  But also other justified interests the Firm, the clients, the suppliers or other third parties with whom the Firm cooperates, have in processing your personal data.  Also in the interest of practising the fundamental right on freedom of speech, of information and/or the organisation.

Who has access to your personal data ?

Only people working for the Firm have access to your personal data and this as part of their mission inside the Firm.

To guarantee the protection of your personal data, they are subject to deontological and/or contractual obligations (among which an agreement of confidentiality).

Regarding the third service providers, those only have access to your personal data in as far as they need to for the purposes preconceived by us.  They were also asked to guarantee sufficient safeguards for respecting and guaranteeing your personal data.

We do not put your personal data at the disposal of third parties for commercial and/or promotional purposes.

How long can we keep your personal data ?

The Firm keeps your personal data as long as needed according to the legal and deontological obligations so as the Firm can provide correct service or because the Firm has a justified interest to keep these data longer (for example as part of any civil liability).

Also, as part of the professional performance of the Firm we keep the right to keep judicial decisions and to process these as precedents for a judicial instance or for publication.  Obviously, these judicial decisions are depersonalised.

Which are your rights toward the processing of your personal data ?

You have the right to access your personal data, to correct or to remove them.  Furthermore, you have the right to withdraw your eventual permission for processing the personal data or object against the processing of your personal data by the Firm and you have the right of data portability.

You can send a request for access to, rectification or erasure of your personal data or a request for withdrawal of your approval or objection of the processing of your personal data to privacy@amistadlaw.be.

 To make sure that the request for access is made by you, we ask you to send a copy of your identity card with the request.  In this copy, make your passport photograph, MRZ (machine readable zone, the label with numbers at the bottom of the passport), passport number and Civil Service Number (CSN) black.  This for the protection of your privacy.

The Firm commits itself to provide a motivated answer to the client to his request within the period of thirty days.  Depending on the complexity of the request(s) and of the number of requests this period can, if necessary, be prolonged with another two (2) months.[6] This answer must indicate on well-reasoned grounds why the lawyer does (not) accept the request(s) made by the client.

If necessary, the lawyer reserves the right to charge a reasonable fee in the light of the administration costs that granting the request(s) involves.

If you do not agree with our privacy policy you can file a complaint with the supervisory authority, namely the Commission for the protection of the personal privacy, Drukpersstraat 35, 1000 Brussels, tel. +32 (0)2 274 48 00, fax. +32 (0)2 274 48 35, e-mail: commission@privacycommission.be, website: https://www.privacycommission.be.

Do you have any questions or complaints ?

When you have any questions or complaints about the way your personal data are processed or when you wish to have more information thereabout or about the privacy statement, you can contact us through privacy@amistadlaw.be.

Please clearly state your contact data in your e-mail and insert a copy of your identity card.

 

[1] We reserve the right to adjust modifications to the present privacy statement in accordance with the applicable legislation.  So it is best to consult this privacy statement at regular intervals, as to keep updated.
[2] Hereinafter abbreviated as : the Firm.
[3] Articles 8, 9 and 10 of the General Data Processing Regulation regarding different categories of special and/or sensitive data : Among others the processing of data of minors, criminal data or the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
[4] EU 2016/679 of the European Parliament and of the Council of 27 April 2016 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, https://eur-lex.europa.eu/legal-content/NL/TXT/?uri=CELEX%3A32016R0679
[5] law of 18 September 2017 for preventing the money laundering and terrorist financing and to restriction of the use of cash, , B.S. 6 October 2017 with latest modifications http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=nl&la=N&table_name=wet&cn=2017091806
[6] In accordance with article 12 of the General Data Processing Regulation.