INFORMATION ON THE PROCESSING OF PERSONAL DATA IN CONNECTION WITH THE HANDLING OF CUSTOMER FILES

WHO IS RESPONSIBLE FOR PROCESSING YOUR DATA AND HOW TO CONTACT THEM?

• law srl (hereinafter “eMotio”) is responsible for your Data in its capacity as a law firm based in Brussels.
• You may contact eMotio.law srl for any questions you may have regarding your Data and its protection. The address for contacting eMotio is privacy@emotio.law.

WHY DOES EMOTIO PROCESS YOUR DATA?  WHICH DATA? WHO IS RESPONSIBLE FOR IT?

• As part of the assignment(s) that you wish to entrust (that you have entrusted) to your lawyer, your lawyer must collect a certain amount of information about you or, where applicable, concerning your employees (hereinafter referred to as “you” or “your”) in order to carry out the tasks associated with this assignment;
• The data collected may be used for an assignment that is closely related to the one(s) you have entrusted to us;
• eMotio collects your identification data, your postal address(es), your e-mail address, your telephone number and/or your mobile phone number. In order to conclude a contract with you, eMotio must have at least your identification and contact data;
• In addition to the Data mentioned above, the lawyer in charge of your case may, in the course of carrying out his duties and tasks, be required to process various types of Data such as your date and place of birth, your marital status, national registration and identity card numbers, your bank details, data concerning your lifestyle and, where applicable, insofar as necessary for the management of your case, data at risk such as your criminal record and sensitive data such as, in particular, data relating to your health, your racial or ethnic origin or your opinions or trade union membership. The processing of such sensitive data will in all cases only be carried out after obtaining your prior and explicit consent to the processing and purposes thereof;
• eMotio also processes your Data to issue, send and collect its invoices;
• eMotio also processes your Data to avoid conflicts of interest, for security purposes and to prevent fraud;
• eMotio also processes Data in its legitimate interests, for example to promote its business. eMotio may send you its newsletters and invitations to certain events that it supports or in which it is a partner;
• Numerous legal obligations also require lawyers to process and retain certain Data such as invoices or your files after they have been closed. The law of 11 January 1993 relating to the prevention of the use of the financial system for the purposes of money laundering and terrorist financing also requires lawyers to process Data concerning you.

PURPOSES AND LAWFUL BASIS FOR PROCESSING YOUR PERSONAL DATA :

• To carry out the tasks entrusted to your lawyer and, to this end :
• Correspondence with you concerning cases entrusted to us by the company (performance of the contract),
• Invoicing (performance of the contract and legal obligations),
• To enable the lawyer to fulfil his own obligations in relation to the cases entrusted to him (legal obligations).

WHO WILL HAVE ACCESS TO YOUR DATA?

WHERE DOES YOUR DATA COME FROM? µ

• Your Data will be transmitted to the eMotio lawyer(s) in charge of your case(s), as well as to staff members, to the extent necessary for the proper performance of their duties. eMotio also uses various service providers (for example, its external IT support service) who, in certain cases, may also have access to some of your Data. Data may also be transmitted to insurance companies in the event of a claim.
• In certain cases relating to the management of international business, Data is transferred to service providers located outside the European Economic Area for whom the European Commission has issued an adequacy decision recognising that these service providers offer an adequate level of protection to Data transferred to them by a European entity. Your Personal Data is then transferred on this basis.
• The data processed by eMotio is either collected directly from you or obtained from third parties such as other parties involved in the processing of a file.

HOW LONG IS YOUR DATA KEPT?

• We are required by law to keep our files for a period of 5 years after the completion of our assignment. Once your file has been archived, we keep your Identification Data for a period of 5 years. However, certain data may be kept for a longer period so that we can continue to send you our newsletter.
• Data kept for tax and accounting purposes is kept for 5, 7 or 10 years, depending on the case.
• In certain cases, when required by law or in order to safeguard the rights and interests of eMotio, particularly in the event of litigation, Data may be kept for longer periods insofar as this is necessary to pursue the aforementioned purposes.

WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?

• In accordance with the applicable regulations, you have the following rights, which may be exercised at any time and free of charge, except in the case of abuse:

– The right to request access to your Data

– The right to rectify your Data

– The right to erase your Data

– The right to object to the processing of your Data

– The right to request limitation of the processing of your Data

– The right to portability of your Data

– The right to lodge a complaint with the Supervisory Authority

You will find further information about these rights below.

Should you have additional questions or should you wish to exercise your rights, you can do so by sending us your request per e-mail to privacy@emotio.law or by post to eMotio, Privacy, 112 Chaussée de Charleroi, 1060 Brussels.

We thank you to explain your request as best as you can, in order to allow us to take the action needed. Where possible, please clarify which right you wish the exercise.

Moreover, should you have any questions regarding this Information Document or should you feel that your interests are not or are inadequately represented, please address your questions to us at privacy@emotio.law or by sending a letter to our postal address, as referenced above.

1. Right of access

• You have the right to request confirmation from eMotio as to whether or not Data relating to you is being processed and, where it is, you may request access to said Data, in which case you will also be provided with the following information:

– the categories of Data concerned and the purposes for which they are processed;

– the recipients or categories of recipients to whom the Data has been or will be

Communicated, in particular recipients who are established in third countries;

– if possible, the period for which the Data is to be kept or, failing this, the criteria used to

determine this period;

– the rights you have with regard to your Data, including the right to lodge a complaint with

the Data Protection Authority;

2. Right of rectification

• You have the right at any time to have inaccurate or incomplete Data concerning you rectified.

3. Right to erasure

• You have the right to ask eMotio to delete Data concerning you in the following cases:

– the Data is no longer necessary for the purposes for which it was collected or otherwise    processed;

– you have withdrawn the consent on which the processing is based and there is no other legal basis for the processing;

– you have exercised your right to object as explained in the “Right to object to processing” section below;

– your Data has been processed unlawfully ;

– your Data must be deleted to comply with a legal obligation;

• However, Data will not always be deleted, in particular when processing is necessary for eMotio to comply with a legal obligation or to establish, exercise or defend its legal rights. For example, eMotio will not respond to a request to delete a closed file until five years have passed since the file was closed.

4. Right to object to processing

• You have the right to object at any time, on grounds relating to your particular situation, to the processing of your Data, including profiling, carried out on the basis of eMotio’s legitimate interests. In this case, eMotio will cease the processing unless it is necessary for the establishment, exercise or defence of legal claims or if eMotio can demonstrate compelling legitimate grounds that override your interests and your rights and freedoms.

• You also have an absolute right to object to the processing of your Data, including profiling, for canvassing purposes. eMotio does not, however, carry out any profiling.

5. Right to limit processing
   • You have the right to ask eMotio to restrict processing if any of the following apply:

– you dispute the accuracy of the Data ;

– the processing is unlawful but you do not wish the Data to be deleted;

– eMotio no longer needs the Data for the purposes of processing but the Data is still necessary for you to establish, exercise or defend legal claims;

– you have objected to the processing and it is verified whether eMotio’s legitimate reasons outweigh yours.

6. Right to Data portability

• You have the right to obtain that the Data concerning you, when its processing is automated, be supplied to you or be transmitted to another data controller if this is technically possible.

7. Right to lodge a complaint with a supervisory authority

• We invite you to first contact us should you ever have any questions or complaints, in order for us to resolve any issues you might encounter.

However, note that you may in any case address any request or complaint relating to eMotio’s processing of your Data to the Belgian Data Protection Authority (Autorité de protection des données / Gegevensbeschermingsautoriteit), which can be reached by the following means of communication:

• at the address detailed below:

– Data Protection Authority: Rue de la Presse, 35, 1000 Brussels

Tel: +32 (0)2 274 48 00 – Fax: +32 (0)2 274 48 35

Email : contact@apd-gba.be

Or on its website at: www.autoriteprotectiondonnees.be/contact