Contact us: info@legacity.eu

Privacy policy

1. PREAMBLE

This privacy policy (hereinafter the « Policy ») is intended to provide the data subjects with the information relating to the processing of their personal data and required by the applicable regulations and in particular by Regulation (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 (hereinafter the « GDPR »).
The Policy may be amended in order to comply with any amendment in the applicable regulation. It was last amended on the 21st of December 2021.


2. IDENTITY AND CONTACT DETAILS OF THE CONTROLLER(S)

The partners of the unincorporated association LEGACITY whose registered office is located at 1050 Brussels, avenue Louise 65 (CBE VAT BE 0552.761.428), and/or, if applicable, the lawyer member of the association LEGACITY who takes charge of a case, are jointly or individually responsible for processing your personal data (hereinafter jointly or individually "LEGACITY").
LEGACITY can be contacted by letter at the address above or by e-mail at the following address: info@legacity.eu.


3. DATA PROCESSED

LEGACITY processes the following personal data :

  • identification data, such as first and last name, marital status, date of birth, address, employer, title, telephone number and e-mail address, national register number and company number
  • identity documents;
  • bank data;
  • any other personal data provided by the data subject;
  • in exceptional cases, personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership, as well as genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning the sex life or sexual orientation of a natural person, as well as data relating to criminal convictions and offences or related security measures (hereinafter "Sensitive Data").

4. DATA SOURCES

Personal data are communicated to LEGACITY mainly via :

  • the data subject ;
  • any third party who intervenes or is involved in a case handled by LEGACITY, in particular the client, the opposing party or its counsel, the courts, bailiffs or notaries, the tax or social security authorities, etc;
  • public sources such as the Crossroads Bank of Enterprises, the « Moniteur belge » and its annexes and the National Bank of Belgium (Central Balance Sheet Office), etc. ;
  • the national register.



5. PURPOSES OF THE PROCESSING AND LEGAL BASIS

The processing carried out by LEGACITY is for the following purposes (hereinafter the "Purposes"):

  • The establishment and management of the contractual relationship with the client (management of requests for intervention, preparation of offers of intervention, verification of conflicts of interest, execution of the missions entrusted, issue and collection of invoices, etc.).

LEGACITY processes these data based on the need to execute the contract concluded with the customer.

  • The management of messages sent to the general contact address "info@legacity.eu" and in particular applications.

LEGACITY processes these data based on the legitimate interest of LEGACITY to ensure the follow-up of messages addressed to it.

  • Compliance with all legal obligations, in particular those arising from the Law of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash.

LEGACITY processes these data based on the need to comply with a legal obligation to which the data controller is subject.

  • Compliance with all the ethical obligations incumbent on LEGACITY and its members.

LEGACITY processes these data based on the legitimate interest of LEGACITY members to comply with their professional obligations.

  • Conservation of documents and models.

After the archiving of the data subject's file, certain documents are kept for internal documentary purposes. The documents kept are, in particular, the following: models of procedural documents, standard letters, contracts, consultations, judicial decisions, etc.

LEGACITY processes these data based on the legitimate interest of LEGACITY to preserve and transmit its know-how internally and to continuously improve its services.

  • Any other purpose to which the data subject has expressly consented.

LEGACITY processes these data based on the consent of the data subject, who is free to provide personal data and has the right to withdraw his or her consent at any time. The withdrawal of consent does not affect the lawfulness of the processing until the withdrawal.

When LEGACITY is exceptionally required to process Sensitive Data, its processing must meet one of the following conditions:

  • the data subject has given his/her explicit consent to the processing of these data;
  • the processing is necessary for the execution of obligations and the exercise of rights specific to the data controller or the data subject in terms of labour law, social security and social protection;
  • the processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
  • the processing is carried out in the course of their legitimate activities and subject to appropriate safeguards by a foundation, association or any other non-profit-making body with a political, philosophical, religious or trade-union aim;
  • the processing relates to data which are manifestly made public by the data subject or whenever courts act in their judicial capacity;
  • the processing is necessary for the establishment, exercise or defence of a legal right or whenever the courts are acting in their judicial capacity ;
  • the processing is necessary for reasons of substantial public interest ;
  • the processing is necessary for the purposes of preventive medicine or occupational medicine, assessment of the worker's capacity to work, medical diagnosis, health or social care, or the management of health or social care systems and services;
  • the processing is necessary for reasons of public interest in the field of public health;
  • the processing is necessary for archival purposes in the public interest, for scientific or historical research purposes or for statistical purposes.

 

6. DATA RECIPIENTS

The personal data is exclusively intended, where applicable, for:

  • LEGACITY's lawyers, their subcontractors (internal and external collaborators, junior lawyers, etc.) and LEGACITY's staff members;
  • to other external service providers for the performance of certain specific tasks or missions (external IT service, printer manager, social secretariat, notary, accountant, bailiff, etc.);
  • to any legally authorised authority when this is necessary to enable LEGACITY to comply with its legal or ethical obligations or when this is necessary for the establishment, exercise or defence of legal rights;
  • to third parties who are duly required to intervene or be involved in a case handled by LEGACITY, in particular the opposing party or its counsel, the courts, bailiffs, notaries, the tax or social security authorities, any duly authorised authority or entity, etc;
  • to clients and/or data subjects.


The communication of these data to the aforementioned persons must, under all circumstances, be limited to the data strictly necessary to achieve the Purposes.


7. DATA RETENTION

The retention period for personal data varies according to the Purpose of their processing and the legal obligations to retain certain data:

Purpose

 

Retention period

 

1. The establishment and management of the contractual relationship with the client

 

 

 

  • Paper files: for the time necessary to achieve the Purpose, and for a period of 5 years or 10 years after the achievement of the Purpose, depending on the applicable limitation period and related rules
  • for electronic files: see purpose 5

 

2. The management of the messages sent to the general contact address "info@legacity.eu" and in particular the applications

 

 

  • The data is kept for the time necessary to respond to and process the request sent to LEGACITY
  • Applications sent to LEGACITY spontaneously or as part of a recruitment procedure are kept for a maximum of 6 months after the last contact

3. Compliance with all legal obligations, in particular those arising from the Law of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash

 

  • For the time necessary to achieve the Purpose, and for a period of 5 years or 10 years after the achievement of the Purpose, depending on the applicable limitation period and related rules

 

4. The respect of all ethical obligations that apply to LEGACITY and its members

 

  • 5 years from the closure of the file or, if disciplinary proceedings have been initiated, until the closure of the proceedings

 

5. Retention of documents and templates

 

 

  • Electronic files are kept, without limitation, for internal documentation and internal transfer of know-how

 

6. Any other purpose to which the data subject has expressly consented.

 

 

  • For the time necessary to achieve the Purpose, and for a period of 5 years or 10 years after the achievement of the Purpose, depending on the applicable limitation period and related rules

 


Some data may be kept for longer periods for the establishment, exercise or defence of legal rights and until all legal remedies have been exhausted.

Personal data are subject to intermediate storage when they have fulfilled their purpose but must be kept for the above-mentioned periods.

Intermediate archiving means that the data thus archived can only be consulted exceptionally, punctually and for a specific reason, by specifically authorised persons who have an interest in consulting them given their function and task.

At the end of the above-mentioned storage periods, the data are either anonymised or deleted.


8. RIGHTS OF THE DATA SUBJECT

The data subject may exercise the rights listed in this Article by using this form and by sending it to the contact details indicated in Article 2.

The exercise of these rights is free of charge, except when the requests of a data subject are manifestly unfounded or excessive, notably because of their repetitive nature. In the latter case, LEGACITY may request the payment of a reasonable fee that takes into account the administrative costs related to these requests or refuse to comply with them.

When LEGACITY has reasonable doubts as to the identity of the person making the request, it may request that additional information necessary to confirm the identity of the data subject be provided.


8.1. Right to access

The data subject has the right to obtain from LEGACITY confirmation as to whether or not his/her personal data are being processed and, where they are, access to those personal data as well as the following information:

  • the purposes of the processing ;
  • the categories of personal data concerned;
  • the recipients or categories of recipients of the personal data;
  • where possible, the period for which the personal data are to be kept, or where this is not possible, the criteria used to determine that period;
  • the existence of the right to request a rectification or erasure of personal data, or a restriction on processing, or the right, where appropriate, to object to such processing;
  • the right to file a complaint with the Data Protection Authority;
  • where personal data are not obtained from the data subject, information as to their source;
  • the existence of automated decision-making, including profiling, and, at least in such cases, relevant information about the underlying logic and the significance and intended consequences of such processing for the data subject.

When personal data are transferred to a third country or to an international organisation, the data subject has the right to be informed of the appropriate safeguards.

LEGACITY provides a copy of the personal data being processed. LEGACITY may charge a reasonable fee based on administrative costs for any additional copies requested by the data subject. When the data subject submits his or her request electronically, the information is provided in a commonly used electronic form, unless the data subject requests otherwise. The right to obtain a copy shall be without prejudice to the rights and freedoms of others.


8.2. Rectification

The data subject has the right to request, at any time, the rectification of inaccurate or incomplete personal data concerning him or her.


8.3. Erasure

The data subject has the right to obtain the erasure of personal data concerning him/her and LEGACITY is under the obligation to erase such personal data within the shortest possible time, when one of the following reasons applies:

  • the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
  • the data subject withdraws the consent on which the processing is based and there is no other legal basis for the processing;
  • the data subject objects to the processing in accordance with Article 8.7 of the Policy;
  • the personal data have been processed unlawfully;
  • the personal data must be deleted to comply with a legal obligation to which LEGACITY is subject.

When LEGACITY has made the personal data public and is required to delete it, LEGACITY, taking into account the available technologies and the costs of implementation, will take reasonable measures, including technical measures, to inform the data controllers who process the personal data that the data subject has requested the deletion by these data controllers of any link to the personal data, or of any copy or reproduction thereof.

However, the preceding paragraph shall not apply insofar as such processing is necessary for :

  • to exercise the right to freedom of expression and information;
  • to comply with a legal obligation to which LEGACITY is subject;
  • to establish, exercise or defend legal rights.


8.4. Right to restriction of processing

Any person has the right to obtain the restriction of the processing when one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period allowing LEGACITY to verify the accuracy of the data;
  • The processing is unlawful and the data subject objects to the erasure of the data and demands instead the restriction of their use;
  • The personal data is no longer necessary for the purposes of the processing, but is still necessary for the data subject to establish, exercise or defend legal claims;
  • When the data subject has objected to the processing and his/her request is examined by LEGACITY.

When the processing has been restricted, the data may, with the exception of storage, only be processed with the consent of the data subject, or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for important reasons of public interest.

The data subject who has obtained the restriction of processing is informed by LEGACITY before the restriction of processing is lifted.


8.5. Notification obligation regarding rectification or erasure of personal data or restriction of processing

LEGACITY notifies each recipient to whom personal data has been communicated of any correction or deletion of personal data or any restriction of processing carried out in accordance with the Policy, unless such communication proves impossible or requires disproportionate efforts. LEGACITY will provide the data subject with information on these recipients if requested.

8.6. Right to data portability

Without prejudice to the rights and freedoms of third parties, the data subject has the right to receive the personal data concerning him or her that he or she has provided to LEGACITY, in a structured, commonly used and machine-readable format, and has the right to transmit these data to another data controller without LEGACITY's interference, when:

  • the processing is based on the consent of the data subject or on a contract; and
  • the processing is carried out by means of automated processes.

When the data subject exercises his/her right to data portability, he/she has the right to have his/her personal data transferred directly from LEGACITY to another data controller, where technically possible.

The exercise of the right to portability is without prejudice to the right to erasure.


8.7. Right to object

The data subject has the right to object, at any time, to the processing of his/her personal data in one of the following cases:

  • The processing is necessary for the fulfilment of the legitimate interests pursued by LEGACITY, including profiling, for reasons related to the particular situation of the data subject;
  • When the processing is carried out for prospecting purposes;

In such cases, the processing that is the subject of an objection will be terminated.

In the first case, LEGACITY may continue to process the personal data of the person who objects to the processing if it can demonstrate one of the following situations:

  • The existence of legitimate and compelling reasons for the processing that prevail over the interests and rights and freedoms of the data subject;
  • The necessity of the processing for the establishment, exercise or defence of legal claims.

 

8.8 Automated individual decision-making, including profiling

The data subject has, in principle, the right not to be subject to a decision based exclusively on automated processing, including profiling, producing legal effects concerning him or her or significantly affecting him or her in a similar way, except when the decision:

  • is necessary for the establishment or execution of a contract between the data subject and LEGACITY;
  • is authorised by the regulations to which LEGACITY is subject and which also provide for appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
  • is based on the explicit consent of the data subject.

LEGACITY does not, however, make decisions based exclusively (without human intervention) on automated processing.


9. CLAIM

Any data subject has the right to submit a request or complaint to the Data Protection Authority (DPA).

A form is available on the DPA's website: https://www.autoriteprotectiondonnees.be.

The complaint should then be sent:

  • either by email: contact@apd-gba.be ;
  • or by post to the following address: Rue de la Presse 35, 1000 Brussels.

 

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