EMOTIO.LAW PRIVACY NOTICE (RELATING TO THE USE OF THE WEBSITE)
This Privacy Notice governs the processing of your personal data by eMotio.law SRL, a company registered in the Belgian Crossroads Bank for Enterprises under number 0668.484.804, with registered offices at Chaussée de Charleroi 112, 1060 Saint-Gilles (hereinafter referred to as “eMotio”, “we”, “us” or “our”) through its website or other electronic means.
The privacy and security of your (hereinafter referred to as “you” or “your”) personal data are very important to us. The purpose of this Privacy Policy is to inform you of:
- the (categories of) personal data we collect and process in relation to the services we provide through our website (hereinafter, the “Website”),
- the purposes for which we collect and process your personal data and the legal basis we rely on in this respect,
- the retention period of your personal data,
- with whom we may share your personal data,
- when applicable, the transfer of personal data outside of the European Union and European Economic Area,
- which rights you may exercise in relation to (the processing of) your personal data, and
- the security measures that are implemented to ensure protection and privacy of your personal data.
We advise you to read our privacy notice carefully, as well as our Cookie Policy, which forms an integral part of this Privacy Notice relating to the use of the Website.
Please note that we also have a general privacy notice, which more specifically concerns the processing of personal data in relation with the legal services we provide to our clients.
- General
For the purpose of this Privacy Notice, we are to be considered the controller of your personal data (also called Data Controller). This means that the applicable data protection legislation imposes certain obligations on us. The aforementioned legislation includes, in particular:
- the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016, GDPR),
- the Belgian Act of 30 July 2018 on the protection of natural persons in relation to the processing of personal data, and
- the Act of 13 June 2005 on the electronic communication,
hereinafter collectively referred to as the applicable “Data Protection Legislation”, including future adaptations and revisions of the previous.
- Personal data we collect and process
The personal data we collect and process about you will always be linked to the specific purposes set out hereunder.
We may gather personal data that you choose to share directly with us, for instance when you contact us by e-mail or when you use the contact form on our Website to reach out to us.
We may also collect some personal data through any other communication or telecommunication technology, notably through automated means, such as Cookies for instance. Please refer to our Cookie Policy for more information relating to our processing of personal data via cookies and similar technologies.
Please find below a more detailed overview of the relevant categories of personal data we gather and process, the purposes of the processing and more generally, how we process your personal data.
- Personal data we process when you visit our Website
- Cookies[1]
| Purposes | We use different types of cookies:
We use these cookies to manage our Website and its content, as well as to manage our cookies. These programs use technically essential cookies. This means that these cookies are necessary for the Website to function properly. It is not possible to refuse these cookies if you wish to visit our Website; – Functionality cookies: We use these cookies in order to improve your experience by retaining your preferences and the choices you make on our Website; – Cookies for sharing on social networks: We use these types of cookies to enable the sharing of our Website pages on social networks. These are third-party cookies (indirect cookies). This means that we have no control over the information collected via these cookies; and – Cookies for performance and analytical purposes: We also use Google Analytics for analytical and performance purposes. This analytics tool installs cookies that we use to quantify visits (measure traffic) on the Website. In particular, this allows us to know how many times a given page has been read. We use this information solely to improve the content of our Website. |
| Legal basis | – Cookies that are technically and functionally essential:
These cookies are necessary for the performance of the service (article 6.1.b of the GDPR) – Other cookies (performance and social network sharing): The use of these third-party cookies, for which we are the joint controller, is subject to your prior consent (Article 6.1.a of the GDPR). You may refuse to have these cookies installed on your device. This will not prevent you from accessing our Website. However, certain functions may not be available. |
| Categories of personal data | Please refer to our Cookies Notice for details regarding the different types of data collected depending on your choices. |
| Retention period | Cookies have an expiry date, which may vary. Some cookies, for example, are automatically deleted when you close your browser (so-called session cookies), while others remain on your computer for longer, sometimes even until you delete them manually (so-called permanent cookies)[2]. |
| Recipients | In some cases, it may also be necessary to communicate this information to our service providers and subcontractors (IT service providers, hosting companies, XXX). |
- Personal data we process when you visit our Website
- (Pre)contractual relationship between you and eMotio
| Purposes | If you wish to benefit from our services, your data will be processed so that we can open your file and fulfil our contractual obligations. |
| Legal basis | The processing of this data is essential for the performance of the contract between you and eMotio (article 6.1.b) GDPR). |
| Categories of personal data | This may include:
– your identification data (surname, first name) ; – contact details (e-mail address, telephone number); – your professional details (company, job title); – financial/accounting information (bank account number, account holder); – special personal data necessary for the establishment, exercise or defence of legal claims. |
| Retention period | The data is processed for a period of ten (10) years from the end of our work on your behalf. |
| Recipients | Some of this data may be communicated to the tax authorities and may also need to be communicated to our service providers and subcontractors (IT service providers, accountants, auditors). |
- Administration and accounting
| Purposes | The data you send us is processed for administrative, accounting and tax purposes in connection with your account or the services you order from us. |
| Legal basis | The processing of this data is essential for the performance of the contract between us (article 6.1.b) GDPR), in particular the drawing up of invoices, order tracking, notification of a change to our terms of use or Privacy Notice (in particular new purposes). The processing of this data is also necessary for the fulfilment of our legal obligations, in particular under the Economic Law Code and the VAT Code in tax and accounting matters (article 6.1.c) GDPR). |
| Categories of personal data | This includes:
– your identification data (surname, first name, e-mail, address, telephone number, company number, VAT number) ; – invoices issued and payments; – your financial data (bank, account number). |
| Retention period | The data is processed for a period of ten (10) years from the end of our work on your behalf. |
| Recipients | Some of this data will be communicated to the tax authorities and may also need to be communicated to our service providers and subcontractors (IT service providers, accountants, auditors). |
- Newsletter
| Purposes | If you have subscribed to our information service or if you are already a client of eMotio, we will process your data in order to send you free newsletters. |
| Legal basis | The data is processed on the basis of the performance of the service supply contract (article 6.1.b) of the GDPR) and on the basis of your consent to receive our newsletter (article 6.1.a) of the GDPR). |
| Categories of personal data | We process your surname, first name and e-mail address. |
| Retention period | The data will be processed until you terminate this free service. |
| Recipients | It may also be necessary to pass on (some of) your data to our service providers and sub-contractors (IT service providers, emailing and direct mail, etc.). |
- Personal data we process when you provide services to eMotio
| Purposes | The data you send us is processed for the purpose of managing our contractual relationship: managing orders, offers, delivery, invoicing and payment, and evaluating the supplier’s performance (where applicable). |
| Legal basis | Data processing is essential for the performance of the contract. Without the processing of this data, we cannot perform the contract (Article 6.1.b) GDPR). |
| Categories of personal data | This may include:
– your identification data (surname, first name) ; – contact details (e-mail address, telephone number); – your professional details (company, job title); – financial/accounting information (bank account number, account holder); – data relating to the monitoring of services. |
| Retention period | Your data will be kept for ten (10) years after the end of your last contract with us. |
| Recipients | Some of this data will be communicated to the tax authorities.
It may also be necessary to provide this information to our service providers (IT service providers, accountants, auditors). In the event of a dispute, it may be necessary to pass on your details to our lawyer, the other parties or their lawyers, the courts, experts, technical advisers, notaries, mediators, arbitrators or bailiffs, banking or insurance organisations. |
- International data transfers
Our offices are located in Belgium and the personal data we collect is stored on servers in Belgium.
However, for the purposes set out in Article 2, your personal data may be transferred to other jurisdictions outside the European Economic Area (EEA), which are therefore not bound by the GDPR. In this case, your data may also be hosted on servers outside the EEA. Where your personal data is transferred to third parties residing in these jurisdictions, we will implement appropriate safeguards in our agreement with such third parties to ensure that your personal data receives an adequate level of data protection and at least equivalent to the level to which you are entitled under the GDPR. To this end, we assess the level of data protection in the country of transit or destination, taking into account in particular the relevant decisions taken by the European Commission, as the case may be. We may use the Standard Contractual Clauses adopted by the European Commission or any other appropriate solution, as required or permitted by Applicable Data Protection Legislation.
- Your data protection rights
Under Applicable Data Protection Legislation, you have certain rights in relation to your personal data that we collect and process.
When exercising your data protection rights, please identify yourself correctly so that we can be sure of your identity and respond to your request within the time limits indicated below.
Below is a brief overview of the rights you may exercise in relation to your personal data:
- Withdrawal of consent: you have the right to withdraw your consent for all processing activities subject to it;
- Right of access: you have the right to request a copy of the data we process and store about you, in an understandable format;
- Right of rectification: you have the right to ask us to correct, amend or add to your personal data;
- Right of deletion: you have the right to request the deletion of personal data that we process or store about you;
- Right to restrict processing: in certain circumstances, you have the right to ask us to restrict the processing of your personal data. If you exercise this right, the relevant personal data will remain in our possession, but we will not be able to process it further;
- Right to object to processing: in cases where we process and collect your personal data on the basis of our legitimate interest, you have the right to object to the processing of such data;
- Right to the portability of your data: this means that you can ask us to provide or a designated third party with personal data, in a structured and machine-readable form.
Exercising your rights is free of charge and will be carried out within one (1) month of receipt of your request. We may extend this period by a further two (2) months for a total period of three (3) months if your request is particularly complex. If we decide to extend the initial deadline, we will inform you of this decision in good time.
In cases where we consider that your request is manifestly unfounded or excessive, we reserve the right to charge you an administrative fee for processing your request, or even to refuse to process it. You will be informed of our decision within the above-mentioned time limits.
- Security of your personal data
We use generally accepted and reasonable technical and organisational methods, in line with current technological developments in operational security, to provide protection against the loss, misuse, alteration or destruction of any personal data that we store and process.
Our technical and organisational measures are frequently updated in order to adapt these measures to new technical and organisational procedures and to guarantee the ongoing security of your personal data.
Our Website contains links to other websites or Internet resources (hereinafter collectively referred to as “Third-Party Sites“), which may also collect personal data, in particular by means of cookies or other technologies. We are not responsible for and have no control over these Third-Party Sites or their collection, use or disclosure of your personal data. We invite you to examine the privacy policies of these Third-Party Sites in order to understand how they collect and process your personal data.
- Amendments to this Privacy Notice
We may adapt and amend our Privacy Notice from time to time, in particular to take account of new data protection practices and to give you greater control over your personal data. We will always make our Privacy Notice is available on the Website in its most recent version. You can also ask us to send you the current or previous versions of our Privacy Notice by sending us an e-mail to privacy@emotio.law. Above this document, you will be able to check the date on which we last modified our Privacy Notice.
- Your questions and queries
You undertake to provide us with accurate personal data. You can change your personal data at any time by sending us an e-mail to privacy@emotio.law. We cannot be held responsible for any failure of our services as a result of incorrect information provided by you.
If you would like further information about your rights listed in article 4 or if you wish to exercise them, you can do so by sending us your request per e-mail to privacy@emotio.law or by post to eMotio, 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 Privacy Notice 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.
In addition, you have the right to lodge a complaint at or to request more information from the competent Data Protection Authority in accordance with article 11 of this Privacy Policy. Should you ever have any questions or complaints, we invite you to first contact us in order for us to resolve any issues you might encounter.
- Applicable law and dispute resolution
Our Privacy Notice is governed by and interpreted in accordance with Belgian law, unless mandatory legal provisions provide otherwise.
You have the right to lodge a complaint with the competent data protection authority, i.e. the authority of the Member State of your habitual residence, your place of work or the place of the alleged breach of Applicable Data Protection Legislation.
The main data protection authority is the Belgian Data Protection Authority (Autorité de protection des données / Gegevensbeschermingsautoriteit), which can be reached by the following means of communication:
- By following the instructions and completing the form on this hyperlink ;
- By sending a letter to the following address: rue de la presse 35, 1000 Brussels, Belgium ;
- By calling the following telephone number: +32 (0)2 274 48 00 ;
- By sending an email to the following address: contact@apd-gba.be.
[1] Please refer to our Cookie Policy for more detailed information about our use of Cookies.
[2] Please refer to our Cookie Policy for more detailed information about the retention period of Cookies.
