PROTECTION OF PRIVATE LIFE

 

The purpose of this Privacy Policy (hereinafter the "Privacy Policy") is to inform the Users of the website www.hougardy-law.com (hereinafter referred to as the "Website"), as to the manner in which data are collected and processed by the Data Controller, namely Creative Attorneys SRL, a civil law partnership of Mr. Michel HOUGARDY, attorney at law at the Brussels Bar, whose office is located at Boulevard Saint-Michel, 65 Bte 6 in 1040 Brussels, a company registered with the Crossroads Bank of Enterprises under reference number 0669.481.033.

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The term "User" refers to any natural or legal person, registered or not on the Website, who consults its contents, downloads files and/or uses them, registers via any form available on the Website, becomes a member, subscribes or contracts with the Data Controller.

This Privacy Policy is part of the Data Processor's desire to act in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the "General Data Protection Regulation").

The Data Processor pays particular attention to the protection of the privacy of its Users and therefore undertakes to take the reasonable precautions required to protect the personal data collected from loss, theft, disclosure or unauthorized use.

If the User wishes to react to any of the practices described below, he/she may contact the Data Controller at the firm's postal address or at the email address m.hougardy@avocat.be.

By accessing and using the Website, the User declares that he/she has read the information described below, accepts the present Privacy Policy and expressly consents to the collection and processing by the Data Controller, in accordance with the methods and principles described in the present Privacy Policy, of his/her personal data that he/she communicates through the Website and/or on the occasion of the services offered by the Data Controller, for the purposes indicated below.

The User has the right to withdraw his/her consent at any time. The withdrawal of consent does not affect the lawfulness of the processing based on the consent previously given.

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1. Data collected

By visiting and using the Website, the User expressly consents to the Data Controller collecting and processing, according to the methods and principles described below, the following personal data :

• its domain (automatically detected by the Controller's server), including the dynamic IP address ;

• his first and last name, as well as his e-mail address, for example by sending messages or questions on the Website, by communicating with the Data Controller by e-mail, by downloading files, etc. ;

• any information that the User has voluntarily given via the Website.

 

2.  Collection Methods

The Data Controller collects personal data via :

• the registration forms on the Website ;

• the Website contact form ;

• the file download forms present on the Website ;

• registration for events (training, invitations, webinars, etc.) organized by the firm;

• the online sale of digital products (in case of purchase only );

• the use of cookies.

 

3. Purposes of processing

Personal data is only collected and processed for the purposes mentioned below :

• ensure the proper performance of the services offered to Users ;

• send information about the Controller's products and services ;

• respond to questions from Users ;

• produce statistics ;

• improve the quality of the Website and the products and services offered by the Data Controller ;

• allow better identification of the User's centers of interest.

 

4.   Shelf Life

The Data Controller only retains personal data for the time reasonably necessary for the purposes pursued and in accordance with legal and regulatory requirements.

 

At the end of the retention period, the Data Controller makes every effort to ensure that the personal data has indeed been made unavailable.

 

5. Access to data and copying

By means of a dated and signed written request sent to the Data Controller at the firm's address or via email at the address m.hougardy@avocat.be, the User may, after proving his identity, obtain free written communication or a copy of the personal data concerning him which has been collected. The Data Controller may require the payment of a reasonable fee based on administrative costs for any additional copies requested by the User. When the User submits this request electronically, the information is provided in a commonly used electronic form, unless the User requests otherwise.

 

The copy of his data will be communicated to the User no later than one month after receipt of the request.

 

6. Right of rectification

By means of a dated and signed written request sent to the Data Controller at the firm's address or via email at the address m.hougardy@avocat.be, the User may, after proving his identity, obtain free of charge and at the latest within one month, the rectification of his personal data which may be inaccurate, incomplete or irrelevant, as well as complete them if they turn out to be incomplete.

 

7. Right to object to processing

By means of a dated and signed written request sent to the Data Controller at the firm's address or via email at the address m.hougardy@avocat.be, the User may at any time, for reasons relating to his particular situation and after having proved his identity, object free of charge to the processing of his personal data, except when:

• the processing is necessary for the performance of a task in the public interest or in the exercise of official authority vested in the Data Controller;

• the processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

The Data Controller may refuse to implement the User's right of opposition when he establishes the existence of compelling and legitimate reasons justifying the processing, which take precedence over the interests or the rights and freedoms of the User, or for the establishment, exercise or defense of legal claims. In the event of a dispute, the User may lodge an appeal in accordance with the point “complaint and complaint” of this Privacy Policy.

 

The Data Controller is required to respond to the User's request as soon as possible and at the latest within one month and to justify his response when he intends not to follow up on such asked.

 

8. Right to restriction of processing

By means of a dated and signed written request sent to the Data Controller at the firm's address or via email at the address m.hougardy@avocat.be, the User may, after proving his identity, obtain the limitation of the processing of his personal data in the cases listed below:

• when the User disputes the accuracy of data and only for the time that the Data Controller can check it;

• when the processing is unlawful and the User prefers the limitation of the processing to the erasure;

• when, although no longer necessary for the pursuit of the purposes of the processing, the User needs it for the recognition, exercise or defense of his rights in court;

• for the time necessary to examine the merits of a request for opposition submitted by the User, in other words the time that the Data Controller verifies the balance of interests between the legitimate interests of the Controller and those of the User.

The Data Controller will inform the User when the restriction of processing is lifted.

 

9. Right to be forgotten

By means of a dated and signed written request sent to the Data Controller at the firm's address or via email at the address m.hougardy@avocat.be, the User may, after proving his identity, obtain the erasure of personal data concerning him, when one of the following reasons applies:

• the data is no longer necessary for the purposes of the processing;

• the User has withdrawn their consent to their data being processed and there is no other legal basis for the processing;

• the User objects to the processing and there is no overriding legitimate reason for the processing;

• the personal data must be erased to comply with a legal obligation (under European Union law or Member State law) to which the Data Controller is subject.

The Data Controller may oppose the erasure of personal data in the cases provided for by the General Data Protection Regulations and by any legal standard applicable at the time of the request for erasure of the data.

 

The Data Controller is required to respond to the User's request as soon as possible and at the latest within one month and to justify his response when he intends not to follow up on such asked.

 

10. Right to data portability

By means of a dated and signed written request sent to the Data Controller at the firm's address or via email at the address m.hougardy@avocat.be, and after proving his identity, the User may at any time request to receive his personal data free of charge in a structured, commonly used and machine-readable format, in particular with a view to transmitting them to another Data Controller. , when :

• the data processing is carried out using automated methods; and when

• the processing is based on the User's consent or on a contract concluded between the latter and the Data Controller.

Under the same conditions and according to the same methods, the User has the right to obtain from the Data Controller that the personal data concerning him be transmitted directly to another Data Controller of personal data, provided that this is technically possible.

 

11. Data Privacy

The recipients of the data collected and processed are, in addition to the Data Controller himself, his employees and other subcontractors located in Belgium or in the European Union, and who collaborate with the Data Controller in the context of the marketing of products or the provision of services.

 

Data relating to files processed within the firm for the firm's clients are subject to professional secrecy and are in no way disclosed to third parties outside of the proper processing of the file and the legal defense of the rights of clients.

 

By means of a dated and signed written request sent to the Data Controller at the firm's address or via email at the address m.hougardy@avocat.be, the User may, at any time and after proving his identity, object free of charge to the transmission of his data to third parties. However, the Data Controller reserves the right to disclose the User's personal data in the event that a law, legal procedure or order from a public authority makes such disclosure necessary.

 

The Data Controller complies with the legal and regulatory provisions in force and will in all cases ensure that its employees and subcontractors having access to this personal data comply with this Privacy Policy.

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12. Security

The Data Controller implements the appropriate technical and organizational measures to the extent of its means in order to guarantee a level of security of the processing and of the data collected adapted to the risk with regard to the risks presented by the processing and the nature of the data to be processed. protect. It takes into account the state of knowledge, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risks to the rights and freedoms of Users.

 

The Data Controller has implemented appropriate security measures to protect and prevent the loss, misuse or alteration of information received on the Website.

 

13. Communications by Electronic Means

If the User communicates to the Controller his e-mail address via the Website, he may receive e-mails from the Controller in order to communicate information on his products, services or

future events, provided that the User has expressly consented thereto or that he is already a customer of the

Data Controller and that he has provided him with his e-mail address;

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If the User no longer wishes to receive such e-mails, he can contact the Data Controller at the firm's address or via the address email m.hougardy@avocat.be, not forgetting to specify its exact coordinates. He will also be able to unsubscribe from the mailings received at any time using the "unsubscribe" button at the bottom of each email.

 

The Data Controller undertakes to delete his contact details from his database.

 

14. Claims and complaints

The User may lodge a complaint with the Data Protection Authority at the following address: Data Protection Authority - Rue de la Presse, 35 1000 Brussels / Tel. + 32 2 274 48 00 / Fax. + 32 2 274 48 35 / Email: contact@apd-gba.be. The User may also lodge a complaint with the court of first instance of his domicile.

 

For more information on complaints and possible remedies, the User is invited to consult the following address of the Data Protection Authority: https://www.dataprotectionauthority.be.

 

15. Applicable law and competent jurisdiction

This Privacy Policy is governed by Belgian law. Any dispute relating to its interpretation or execution will be subject to Belgian law and will fall under the exclusive jurisdiction of the French-speaking courts of Brussels.

 

16. Possible changes

The Data Controller reserves the right to modify the provisions of this Privacy Policy at any time. The modifications will be published with a warning as to their entry into force.