Belgium
1. Introduction
Personal data protection and privacy are fundamental rights guaranteed under international treaties. Our firm makes all possible efforts to guarantee full compliance with privacy regulations.
This Privacy Policy must be read in conjunction with the Cookie policy, which can be found here.
This policy applies to all data processing activities controlled by Tiberghien.
Please note that we may make changes to this privacy policy from time to time, for example, to comply with new legal obligations. We encourage you to review this privacy policy periodically to be informed of how we use your personal information.
2. Data processor
Tiberghien CVBA with registered seat in Belgium, 1000 Brussels, Havenlaan 86C/419 and registered under company number 0417.899.754 acts as controller.
If you have any questions about this Privacy Policy or want to exercise your rights set out in this Privacy Policy, you can contact Tiberghien’s Privacy Compliance Officer:
By mail:
Tiberghien CVBA
Privacy Compliance Officer
Havenlaan 86C / 419
B - 1000 BRUSSELS
BELGIUM
By phone: +32 2 773 40 00
By e-mail: privacy@tiberghien.com
3. Data processing
The personal data we collect may include:
- All data and information voluntarily shared in order to provide advisory services or to represent clients in the context of a client – attorney relationship;
- Contact information, such as name, job title, postal address, including home address, where you have provided this, business address, telephone number, mobile phone number, fax number and email address;
- Further business information necessarily processed in a project or client contractual relationship or voluntarily provided;
- Information provided by candidates when applying for a job;
- Information on performance of employees.
Personal data may be processed for the following purposes:
- Compliance with legal obligations (e.g. record keeping obligations, anti-money laundering regulations, payroll administration,,…)
- Providing legal advice and representation of a client in the context of litigation, including quality control and monitoring of compliance with regulations and office procedures;
- Managing and administering business relationships, including processing payments, accounting, billing and collection, support services and evaluation of service providers and suppliers;
- Informing on relevant developments in tax law, on service offerings or on events organised by Tiberghien;
- Evaluation of job applications;
- Employee evaluation, performance review, training;
Personal data can be processed on one or more of the following legal grounds:
- Performance of a (potential) client’s instruction or other contract (or in the preparation thereof);
- Compliance with legal obligations; or
Processing is necessary for purposes of Tiberghien’s legitimate interest or those of any third party recipients that receive personal data, provided that such interests are not overridden by interests of the data subject or fundamental rights and freedoms.
4. Recipients
Your personal data may be transferred to
- Lawyers who have contracted with Tiberghien (and are bound by professional secrecy and a non-disclosure agreement) for the purpose of providing legal advice or quality control;
- Other lawyers from external firms, consultants or experts who are bound by professional secrecy and/or confidentiality clauses;
- Foreign law firms for the purpose of obtaining legal advice;
- Courts, (law enforcement) authorities, regulators or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defence of claim, or for the purposes of a confidential alternative dispute resolution process;
- Data processors bound by a processing agreement, including payroll administration offices.
Please note that the aforementioned list is presented in a non-exhaustive manner and there may be other examples of situations where we need to share/transfer your personal data with/to other parties in order to provide our services as effectively as we can.
5. Storage term
Personal data will be deleted when it is no longer reasonably required for the purposes listed under section 3 or Tiberghien is not legally required or otherwise permitted to continue storing such data. Tiberghien will retain personal data where required to assert or defend against legal claims until the end of the relevant retention period or until the claims in question have been settled.
Tiberghien takes reasonable security measures to protect your personal data from destruction, loss, modification or any other unauthorised processing. Our partners, employees, consultants, workers and data processors, who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of such personal information.
6. Other websites
Tiberghien’s website may provide referrals – including hyperlinks – to websites offered and/or hosted by other companies/persons or by social media. Tiberghien is not responsible or liable for any processing of your personal data via these websites. It is therefore advised that you consult the other websites’ privacy notices.
7. Rights | complaints
In compliance with privacy regulations and within the limits of these regulations, data subjects have the following rights regarding data processing activities by Tiberghien:
- Right to access to all stored personal data;
You are entitled to ascertain whether or not personal data concerning you is being processed by us and, where that is the case, to ask us a copy of that personal information (along with certain other details). A reasonable fee may be charged should you require additional copies. - Right to correct or update personal data;
You are entitled to have your personal data corrected if it is incomplete or inaccurate. - Right to request erasure of personal data (“right to be forgotten”);
You are entitled to obtain the erasure of personal data if there is a legal basis to it, for example: the personal data is no longer needed by us; the consent on which the processing is based is withdrawn; the personal data has been unlawfully processed;… - Right to restrict processing of personal data (e.g. right to be deleted from our mailing lists);
You are entitled to obtain restriction of processing if there is a legal basis to it, for example: the accuracy of the personal data is contested; the processing is unlawful, but you oppose to the erasure of the personal data and request the restriction of their use instead;… - Right to transfer personal data (“data portability”);
You are entitled, in certain circumstances (e.g. the processing was carried out by automated means), to obtain personal data you’ve provided us with, in a structured, commonly used and machine-readable format and to transmit it to another data controller. - Right to withdraw consent;
Where processing is based on your consent (or explicit consent), you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. - Right to object;
You have the right to object, on grounds relating to your particular situation, to the processing of your personal data if we are:
1. Processing the data based on our own or someone else’s legitimate interest; unless we can demonstrate compelling legal grounds for the processing; or
2. Processing the data for direct marketing purposes.
Any request should be addressed to Tiberghien, Privacy Compliance Officer by mail or by E-mail to privacy@tiberghien.com. Each request should contain sufficient proof of identity. Unless in case of manifestly unfounded or excessive requests, no fee will be charged.
Tiberghien commits to examine any requests or complaints and to reply in a timely manner. In case the response given would not be sufficient, the Belgian privacy regulator can be contacted:
By mail:
Data Protection Authority
Drukpersstraat 35
B – 1000 BRUSSEL
By phone: +32 2 274 48 00
By e-mail: commission@privacycommission.be
LUXEMBOURG
1. Introduction
This is Tiberghien Luxembourg's data protection policy regarding the processing of data belonging to individuals outside our organization (e.g., customers, prospects, business contacts, suppliers, visitors to our premises, participants in activities, and job applicants).
This policy applies only to the processing of data belonging to natural persons and not to data belonging to legal entities.
The policy may be amended from time to time and any amendments will be published on the Tiberghien.com website.
2. General information applicable to all our processing of personal data
2.1 Who is the data controller?
Tiberghien Luxembourg SARL, with its registered office in Luxembourg, 1840 Luxembourg, Boulevard Joseph II 23, company number B153074, telephone +352 27 47 51 11, fax +352 27 47 51 10, (hereinafter “Tiberghien” or “we”).
2.2 How do we receive your personal data?
Usually, you provide us with your personal data yourself. Sometimes we receive your contact details and details of your professional background and experience from the organization where you work (your employer, your client, a recruitment agency, etc.) or from an official body (a court, an administration, etc.).
In some cases, we may also find, update, supplement, and improve your contact details and details about your professional background and experience through public sources (including websites) and social media.
2.3 Do we share your personal data outside the European Union?
Our servers are located in Europe and we will not transfer your personal data to countries outside the European Economic Area except:
- at your request; or
- to the extent necessary for the performance of a contract between us; or
- to the extent necessary for the establishment, exercise or defense of legal claims; or
- in connection with the use of certain software applications. In this case, an adequate level of protection is ensured through the use of the European Commission's standard contractual clauses.
A copy of the appropriate safeguards can be obtained upon request.
2.4 What are your rights as a data subject?
You have several rights:
- You always have the right to access your personal data. This allows you to check what personal data we process about you.
- You always have theright to rectify your personal data. This allows you to correct or complete any incorrect or incomplete personal data that we process about you.
- You have the right to erasure of your personal data. This allows you to permanently delete personal data that we process about you. We are not always obliged to delete your personal data at your request - this right only applies in the cases and to the extent provided for by law.
- You have the right to restrict the processing of your personal data. This allows you to freeze our use of your personal data without deleting it. We are not always obliged to restrict the processing of your personal data at your request – this right only applies in the cases and to the extent provided for by law.
- You have the right to object to the processing of your personal data. This allows you to object to the further processing of your personal data. We are not always obliged to comply with your objection: this right only applies if we process your personal data on the basis of our legitimate interest.
- You have the right to withdraw your consent at any time when the processing of your personal data is based on your consent.
- You always have the right to object to the processing of your personal data for direct marketing purposes.
- You have the right to data portability. This allows you to easily transfer, copy or move personal data from one data controller to another. This right can only be exercised if the processing is based on your consent or on a contract concluded with you.
You can exercise your rights by contacting the privacy officer, see point 2.6 below.
2.5 Do you have a question or complaint?
If you have any questions or complaints about the processing of personal data, you can always contact our privacy officer:
Tiberghien
For the attention of the privacy officer
Avenue du Port 86C, B414
1000 Brussels
Tel.
You can also always submit a request or complaint to the supervisory authority in your place of residence.
For Luxembourg, this is:
The National Commission for Data Protection
15, Boulevard du Jazz
L-4370 Belvaux
Luxembourg
Tel. +352 26 10 60 – 1
3. Processing that may concern you
We process personal data for the following purposes and on the following legal bases.
3.1 You are a customer of Tiberghien
If you are our customer or work at/for our customer, we process your personal data for the following purposes:
- Customer management (file management, customer relationship management, invoicing, debt collection, etc.) based on the need to perform a contract concluded with you. Without your personal data, we cannot perform the contract;
- Representation and/or defense of your interests in court based on the need to perform a contract with you. We process personal data relating to criminal convictions and offenses when necessary and in accordance with the laws governing our profession;
- Any mandatory verification or notification based on the need to comply with a legal obligation to which we are subject (e.g., anti-money laundering notifications and KYC/AML declarations);
- Direct marketing based on the need to promote our legitimate interest. Our legitimate interest is to better serve you as a customer by keeping you informed of our activities and expertise.
- The creation of a knowledge base containing opinions, judicial and administrative decisions based on our legitimate interest. Our legitimate interest is to develop our knowledge base and improve our expertise. This is also in the interest of our customers in order to provide a better service and also of the general public when we use this knowledge base to write and publish scientific papers.
Depending on the type of file and the applicable limitation periods, we retain your personal data for a maximum of 10 years after the file is closed and for a maximum of 30 years for files involving two individuals and for which the 30-year limitation period applies. Opinions, judicial and/or administrative decisions containing your personal data may be kept for a longer period for the purpose of building up expertise, and we will delete them as soon as they are no longer of legal use.
If you provide us with personal data relating to persons other than yourself (contact persons, etc.) in the context of processing a file, we assume that you are legally entitled to process this data and that you can provide it to us.
In order to achieve these purposes, we may disclose your personal data to:
- Tiberghien Belgium, Tiberghien Economics located in Belgium, and the employees, student workers, consultants, trainee lawyers, lawyers, and partners of Tiberghien or affiliated with Tiberghien, to the extent that they need your personal data for the performance of their duties;
- subcontractors who process personal data on our behalf;
- bar authorities, in the context of our ethical or legal obligations;
- courts, lawyers outside Tiberghien involved in the case (opponents), bailiffs, notaries, legal experts and other legal actors, insofar as this is necessary for the handling of a case or the initiation, exercise or defense of legal proceedings;
- independent consultants, insofar as this is necessary for the organization of Tiberghien, the processing of a case or the initiation, exercise or defense of legal action;
- judicial, police or administrative authorities, when required by law or insofar as necessary for the processing of a case or the initiation, exercise or defense of legal action;
- legal protection insurers when our services are covered by legal protection insurance.
3.2 You are a prospective customer of Tiberghien
If you are a potential customer, we process your personal data for the following purposes:
- Prospecting management based on your consent (if you have provided us with your contact details yourself), based on the need to protect our legitimate interest (if we have received your contact details from a third party or a public source), or based on the need to take pre-contractual measures (if you wish to become a customer). Our legitimate interest mentioned above is to identify market opportunities;
- Direct marketing based on your consent.
You can withdraw your consent at any time.
We will retain your contact details until you withdraw your consent or for up to 5 years after our last contact.
In order to achieve these purposes, we may disclose your personal data to:
- employees, student workers, trainee lawyers, lawyers and partners of Tiberghien or affiliated with Tiberghien, to the extent that they need your personal data for the performance of their duties;
- subcontractors who process personal data on our behalf.
3.3 You are a business contact of Tiberghien
If we are in contact with you for business purposes other than as a customer or prospect (you are or work for a bailiff, legal expert, government agency, law firm, etc.), we process your personal data for the following purposes:
- Communication management based on the need to promote our legitimate interest. Our legitimate interest is to be able to communicate with judicial actors in the context of managing our cases;
- Defending the interests of clients based on the need to defend our legitimate interest. Our legitimate interest is to defend the interests of our clients in the cases we manage.
We keep your contact details for as long as our files (and the related limitation period) require or for as long as you are professionally active.
In order to achieve these purposes, we may disclose your personal data to:
- Tiberghien Belgium, Tiberghien Economics, and employees, student workers, consultants, trainee lawyers, lawyers, and partners of Tiberghien or affiliated with Tiberghien, to the extent that they need your personal data for the performance of their duties;
- subcontractors who process personal data on our behalf;
- courts, lawyers outside Tiberghien but involved in the case (opponents), bailiffs, notaries, legal experts and other legal actors, insofar as this is necessary for the processing of a case or for the initiation, exercise or defense of legal action;
- independent consultants, insofar as this is necessary for the organization of Tiberghien, the processing of a case or the initiation, exercise or defense of legal action;
- judicial, police or administrative authorities, when required by law or insofar as this is necessary for the processing of a case or the initiation, exercise or defense of legal action;
- legal protection insurers when our services are covered by a legal protection policy.
3.4 You are a supplier of Tiberghien
If you provide us with products or services (excluding lawyers affiliated with Tiberghien), or if you work at/for one of our product and service providers, we process your personal data for supplier management purposes based on the need to perform a contract concluded with you. Without your personal data, we cannot perform the contract.
We retain your personal data until the expiry of the tax and accounting retention period.
In order to achieve this purpose, we may disclose your personal data to:
- employees, student workers, trainee lawyers, lawyers and partners of Tiberghien or affiliated with Tiberghien, insofar as they need your personal data for the performance of their duties;
- subcontractors who process personal data on our behalf.
3.5 You are a visitor to Tiberghien's offices
If you visit our offices, we process your personal data for the following purposes:
- Visitor management based on the need to promote our legitimate interest. Our legitimate interest is to be able to guarantee safety (fire), confidentiality, and the organization of activities/meetings.
- Direct marketing based on your consent. You can withdraw your consent at any time.
We retain your personal data for a maximum of two years after your last visit.
In order to achieve these purposes, we may disclose your personal data to:
- employees, student workers, trainee lawyers, lawyers and associates of Tiberghien or affiliated with Tiberghien, insofar as they need your personal data for the performance of their duties;
- the manager of the building in which Tiberghien is located (if applicable);
- subcontractors who process personal data on our behalf;
- independent consultants, insofar as this is necessary for the organization of Tiberghien, the processing of a file, or the initiation, exercise, or defense of legal proceedings;
- judicial, police, or administrative authorities, when required by law or insofar as necessary for the processing of a file or the initiation, exercise, or defense of legal proceedings.
3.6 You are a participant in one of Tiberghien's activities
If you participate in a Tiberghien activity (reception, seminar, webinar, etc.), we will process your personal data for the following purposes:
- The organization of the Tiberghien activity based on the performance of the contract concluded with you, in particular your registration for our activity;
- Direct marketing based on consent.
We retain your personal data for a maximum period of 10 years after you become inactive as a contact.
In order to achieve these purposes, we may disclose your personal data to:
- employees, student workers, trainee lawyers, lawyers, and partners of Tiberghien or affiliated with Tiberghien, to the extent that they need your personal data to perform their duties;
- subcontractors who process personal data on our behalf.
3.7 You are applying for a job at Tiberghien
If you apply for a job with us or participate in job fairs, we process your personal data relating to the application for:
- The management and evaluation of your application in the context of taking pre-contractual measures;
- Maintaining a recruitment reserve based on the need to defend our legitimate interest. Our legitimate interest is to contact you at a later date with a job offer if there are no vacancies available at that time. If you do not wish to be included in the recruitment pool, you can always object to this.
We retain your personal data for a maximum of 5 years after your application (unless you object).
In order to achieve these purposes, we may disclose your personal data to:
- employees, student workers, trainee lawyers, lawyers and partners of Tiberghien or affiliated with Tiberghien, to the extent that they need your personal data for the performance of their duties;
- subcontractors who process personal data on our behalf.
3.8 You are a visitor to the Tiberghien website or our social media
If you visit the Tiberghien website or social media, the data controller is Tiberghien SRL, with its registered office in Belgium, 1000 Brussels, Avenue du Port 86C, bte 419, company number 0417.899.754, telephone +32 2 773 40 00, fax +32 2 773 40 55.
The full privacy policy of Tiberghien SRL is available here.
3.9 In all cases: management of fraud, abuse and disputes
In all cases, regardless of your relationship with us (i.e., whether you are a visitor, customer, etc.), we may also process your personal data for the following purposes:
- Detecting, preventing, and combating fraud and abuse based on the need to defend our legitimate interests. Our legitimate interest is to combat fraud and abuse;
- Managing our own disputes based on the need to defend our legitimate interest. Our legitimate interest is to be able to safeguard our rights in the event of a dispute.
In this case, we will retain your personal data for a maximum period of 10 years, unless the detection, prevention and combating of fraud and abuse, or the management of disputes, require that the personal data be retained for a longer period.
In order to achieve these purposes, we may disclose your personal data to:
- Tiberghien Belgium, Tiberghien Economics, and employees, student workers, consultants, trainee lawyers, lawyers, and partners of Tiberghien or affiliated with Tiberghien, to the extent that they need your personal data for the performance of their duties;
- subcontractors who process personal data on our behalf;
- bar authorities, in the context of our ethical or legal obligations;
- courts, lawyers outside Tiberghien (opposing parties), bailiffs, notaries, legal experts and other legal actors, insofar as this is necessary for the handling of a case or for the initiation, exercise or defense of legal proceedings;
- independent consultants, insofar as this is necessary for the organization of Tiberghien, the processing of a case or the initiation, exercise or defense of legal proceedings;
- judicial, police or administrative authorities, when required by law or insofar as this is necessary for the processing of a case or the initiation, exercise or defense of legal proceedings;
- legal protection insurers when our services are covered by a legal protection policy.