Privacy policy

1. GENERAL
The purpose of this “Privacy Policy” is to inform you about the processing of personal data carried out by Agio Legal BV, with registered office at 2180 ANTWERP, Bist 47, with company number 0544.533. 941, and the lawyers associated with them (hereinafter referred to as “AGIO” or “we” and “us”).

AGIO attaches great importance to the protection and confidentiality of your personal data. The regularity of the processing of personal data, its security and confidentiality, is essential to us. AGIO therefore undertakes to process your personal data in accordance with the applicable legislation on the processing of personal data, including the GDPR.

Please read the following Privacy Policy to understand how we collect and use your personal data and the rights you have in relation to your personal data.

2. DEFINITIONS
For a good and clear understanding of this Privacy Policy, a number of terms used further in the Privacy Policy are described and explained in advance.
GDPR: General Data Protection Regulation, 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 the free movement of such data, which entered into force on 25 May 2018.
Data Subject: any identified or identifiable natural person to whom the Personal Data processed relate.
Personal Data: any information relating to Data Subject; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Special Categories of Personal Data: means data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and genetic data, biometric data for the unique identification of a person, data concerning health, or data concerning a person’s sexual behaviour or sexual orientation.
In any case, these categories of Personal Data must be included:
• Special Categories of Personal Data
• Information on the financial or economic situation of the interested party
• (Other) data that may lead to stigmatisation or exclusion of the person concerned
• Usernames, passwords and other login details
• Data that can be misused for (identity) fraud
Processing of Personal Data: an operation or set of operations which is performed upon Personal Data or set of Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction of data.
Data Controller: any natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data. The controller for any Personal Data processed about clients, suppliers, job applicants and website visitors is AGIO.
Processor: a natural or legal person, public authority, agency or other body that processes Personal Data on behalf of the Processing Controller, without being subject to its direct authority.
Sub-processor: another Processor used by the Processor to perform specific processing activities for the benefit of the Controller.
Data Breach: means a breach in connection with Personal Data and/or circumstances likely to give rise to a breach in connection with Personal Data, which accidentally or unlawfully leads to – or where it cannot reasonably be excluded that it may lead to – the destruction, loss, alteration or unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
Data Protection Authority: any supervisory authority for the Processing of Personal Data established by the Member State belonging to the European Union pursuant to Article 51 of the General Data Protection Act. In Belgium, this is the Data Protection Authority established by the Act of 3 December 2017 establishing the Data Protection Authority, successor to the Commission for the Protection of Privacy – www.gegevensbeschermingsautoriteit.be.
Website: the website of AGIO: www.agio.legal.

3. PERSONAL DATA PROCESSED BY AGIO
Hereunder an overview of the Personal Data that AGIO may process (from time to time) about you:
• Identification data: first and last name, address, telephone number, contact message, e-mail address
• Personal characteristics (e.g. gender)
• Professional information: company, title/function, department, website
• Government and other official identification numbers
• Financial details (e.g. bank account number, account details, credit history, credit reference information, or information on financial transactions)
• Information about the matters that we are handling and other personal information necessary to provide our service
• Documents required by AML obligations (e.g. a copy of an identity card)
• Other Personal Data such as attendance at events, training courses
• Camera images when you enter our office, photographs or voicemail recordings
• Marketing preferences, marketing activities and client feedback
• Information from public sources (such as commercial or governmental databases)
• Other Personal Data that you actively provide, for example in correspondence, by e-mail and telephone, or when you give us your business card.

Our Website also uses cookies that collect a number of Personal Data. For the provisions regarding the cookies – see section 14 and our Cookie Policy.

4. SPECIAL CATEGORIES OF PERSONAL DATA
In the framework of our assignment as a lawyer, we may process the following special categories of Personal Data:
• Criminal and legal history, facts or convictions;
• Data from persons under 16 years;
• Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the Processing of genetic data, biometric data with a view to the unique identification of a person, or data concerning health, or data concerning a person’s sexual behavior or sexual orientation.
This Website does not intend to collect data about website visitors who are under 16 years. Unless they have permission from parents or guardians. However, we cannot verify whether a visitor is over the age of 16. We therefore recommend that parents be involved in their children’s online activities, in order to prevent the collection of data about children without parental consent.
If you believe that we have collected Personal Data about a minor without consent, please contact us at info@agio.legal and we will delete this information.

5. PURPOSES AND LEGAL BASIS OF THE PROCESSING OF THE DATA
AGIO processes your Personal Data for the purposes listed below, and pursuant to the legal basis stated herein:
A. To perform a contract with you or to take the necessary steps at your request before entering into a contract:
• To proceed with the provision and billing of our services;
• To manage our customer administration;
• To be able to call or email you if this is necessary to carry out our services;
• To inform you about changes to our services;
• For handling your payment (if any).
B. For the protection of our legitimate interests or those of third parties, as in the case of the following purposes, among others:
• The exercise of fundamental rights such as organizing a defense in court;
• Proving transactions, statements, etc;
• Fraud prevention and protection against infringements;
• IT management, infrastructure management and IT security.
C. To comply with our legal and regulatory obligations, such as:
• Responding to an official request from public or judicial authorities authorized for this purpose;
• To fulfill our tax obligations.
D. To respect your choice when we ask your permission for a specific processing:
• Collecting your data regarding your profession and/or level of education in order to process your application for a vacancy;
• Collecting your Personal Data in order to register your presence at events;
• If we carry out additional processing for purposes other than those specified in this Privacy Policy, we will inform you and, where necessary, obtain your consent.
Direct marketing: your Personal Data will not be used for direct marketing, unless you have given additional explicit consent (“opt-in”). If you are already included in our mailing list to receive marketing materials in paper and/or electronic form, AGIO may use your information to send marketing and other materials related to AGIO, its products and/or services. AGIO may use the information you provide to update documents held by AGIO.
This consent can be withdrawn at any time without justification and free of charge, for example by clicking on the unsubscribe link provided for this purpose at the bottom of each promotional e-mail or newsletter.

6. PURPOSES NOT PROVIDED FOR IN THE PRIVACY POLICY
Should we wish to carry out a Processing of Personal Data for a purpose not mentioned in this Privacy Policy, we will contact you in advance at the e-mail address you provide to inform you of this new processing, its purpose and legal basis. If the legal basis of the processing is “consent”, we will always ask you for your consent, without which consent we will not proceed to the processing.

7. DURATION OF PROCESSING OF YOUR PERSONAL DATA
The Personal Data will be kept and processed by us for a period that is necessary in function of the purposes of the processing and in function of the contractual relationship between AGIO and you and taking into account the legal obligation to keep records for five (5) years. In addition hereto, there are laws that may apply and require longer minimum retention periods for Personal Data (e.g. anti-money laundering legislation).

8. PROTECTION OF YOUR PERSONAL DATA
We use a variety of security technologies and measures to appropriately protect your information from unauthorized access, use, loss or disclosure. These technologies and measures are regularly tested and updated as necessary. In the event of a Data Breach involving your information, you will, if required, be notified personally in the manner and within the period specified by law. Under no circumstances can AGIO be held liable for any direct or indirect damage resulting from the incorrect or unlawful use of Personal Data by a third party. You must at all times respect the security regulations, including by preventing any unauthorized access to your login and code. When we actually share Personal Data with external parties, a processing agreement is concluded with them in which sufficient (technical) measures must always be included so that the security of your data is guaranteed as much as possible. If you still have the impression that your Personal Data is not properly secured or there are indications of misuse, please contact us immediately via info@agio.legal.

9. CONFIDENTIALITY – SHARING OF DATA WITH THIRD PARTIES
All Personal Data will be kept strictly confidential. We do not sell your data to third parties and only provide them if this is necessary for the execution of our legal obligations, legitimate interest or the agreement with you.
We use the services of third parties. As a result, these parties have access to our Website, server or collected Personal Data.
We may receive your Personal Data from and share your Personal Data with the following third parties (among others): your company, governmental data bases, public authorities, governmental organizations, law enforcement agencies, judicial bodies and courts, supervisory authorities, bailiffs, judicial experts, notaries, financial institutions, beneficiaries, immigration authorities, consultancy firms, subcontractors (such as other law firms), accounting firms, auditors and other service providers.

10. THIRD PARTY WEBSITES
If we offer you links to websites that are not offered or managed by AGIO, these links are provided for your information and convenience only. We advise you to carefully read the privacy policy of the provider of the website when accessing these websites. AGIO cannot be held liable in any way for the policies or practices of the owner or operator of such third party websites.

11. PLACE OF PROCESSING OF PERSONAL DATA
All Personal Data is stored on servers in the EU. When we use Processors, we require them and their Sub-processors to store the Personal Data on servers in the EU.
From time to time, we may however need to transfer your Personal Data to entities located in countries outside the European Economic Area (EEA). When doing so, we will ensure that such transfer complies with the rules on data transfers outside the European Union under the GDPR.

12. YOUR RIGHTS
In accordance with the current regulations, you have the following rights as a Data Subject:
Right of access/ inspection of your Personal Data: You have the right to access your Personal Data at any time, and the use we make of your Personal Data. This also includes the right to request a copy.
Right of correction of your Personal Data: you have the right to correct your data at any time if it turns out to be inaccurate.
Right of deletion of your Personal Data: you have the right to request the deletion of your Personal Data as soon as there is no longer a legitimate basis for processing these data.
Right to restrict the processing and/or use of your Personal Data.
Right to free portability of your Personal Data: You have the right to obtain the Personal Data processed by us in a structured, common and machine-readable form and/or to ask us to provide them to another Data Controller.
Right of withdrawal of your consent: the consent you have given us to process your Personal Data may be withdrawn in whole or in part at any time. However, the withdrawal of your consent does not affect the processing necessary to protect our legitimate interest or that of a third party.
Right to object to the Processing of your Personal Data: you have a right to object to the Processing of your Personal Data (1) which is necessary for our legitimate interests, but there are reasons specifically related to your situation and (2) for the purposes of direct marketing (in the latter case, you do not have to provide any reasons). However, such opposition is not possible if the Processing of your Personal Data is necessary for the execution of an agreement.
Automated individual decision making and profiling: you have the right not to be subjected to a fully automated decision making process. Fully automated means that there is no human intervention that (effectively) contributes to the decision making and therefore cannot change the decision making. The Processing of your Personal Data by AGIO does not include profiling. Neither does AGIO work with automated decision-making processes.
Right to file a complaint: if you believe that we have violated the GDPR, you always have the right to file a complaint with the Data Protection Authority, the body that supervises the correct observance of the GCG: www.gegevensbeschermingsautoriteit.be – Drukpersstraat 35, 1000 Brussels. Tel: +32(0)2 274 48 00 Fax: +32(0)2 274 48 35, contact@apd-gba.be . A complaint to the Data Protection Authority is without prejudice to a remedy before a civil court. If you should suffer damage as a result of the Processing of your Personal Data, you can file a claim for damages.

13. THE EXERCISE OF YOUR RIGHTS
If you wish to make use of any of the above-mentioned rights, you can send us your dated, written or electronic request either by e-mail to info@agio.legal or by post to AGIO. We will inform you within thirty days of your request at the latest. However, you should bear in mind that the above-mentioned rights are not absolute: there may be grounds on which we will not be obliged to respond to your request, or as a result of which we will only partially comply with your request. If necessary, we will inform you within thirty days of receipt of your request. Each request will be dealt with free of charge, unless the requests are manifestly unfounded or excessive, in particular because of their repetitive nature. In the event that requests prove to be manifestly unfounded or excessive, either a reasonable fee will be charged in view of the administrative costs involved in providing the requested information or communication and taking the requested measures, or the request will be refused. We will inform you of this at the latest within thirty days of your request.

14. CHANGES TO THIS PRIVACY POLICY
We reserve the right to extend or modify this Privacy Policy in the future. The latest and most recent version of this statement will always be posted on our Website. We therefore recommend you to consult our Privacy Policy on the Website regularly.

15. CONTACT DETAILS
If you have further questions or comments about the Processing of your Personal Data as described in this Privacy Policy, you can always contact us and send a letter to the address set out in Article 1.
Agio Legal BV
Bist 47
2180 Ekeren
info@agio.legal