These conditions concern the processing of personal data by
Nelissen Grade Office
Ubicenter (entrance B)
Hereinafter referred to as 'NG'.
For the performance of the contract between you and NG (hereinafter referred to as the 'Contract'), NG necessarily processes your personal data. With these personal data, you are identifiable as a natural person. This is why these data are called 'personal data'. NG is the controller of the processing.
NG respects your privacy and assures that you can trust your personal data to NG. Privacy is important. Therefore, with these terms NG informs you about your personal data and your rights.
NG processes your personal based on the following grounds:
- Your permission;
- The processing is necessary for the performance of the Contract, or in order to take steps at your request prior to entering into a contract;
- The processing is necessary for compliance with a legal obligation of NG;
- The processing is necessary in order to protect your vital interests or those of another natural person;
- The processing is necessary for the purposes of the legitimate interests pursued by NG 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;
NG processes your personal data exclusively for following purposes:
- The performance of the Contract (providing (legal) services);
- Marketing purposes;
- Sending out newsletters;
The processing of your personal data by NG is necessary for the optimal performance of the above mentioned activities. NG will only process your personal data for these purposes, except for your respective permission.
NG collects your personal data using the information provided by you:
- by entering the Contract concerning legal services;
- by creating an account on the website;
- by filling in the contact form on the website;
- by subscribing to the newsletter;
- by requesting an offer.
Personal data are data that make it possible to identify the user. In this case, following data are concerned among others:
- Contact information like name, address, phone number, e-mail,…
- Payment information like VAT-number and bank account number;
- Company registration number;
Furthermore, NG can and may collect special categories of personal date, in function of and depending on the nature of your case, like medical data, family information, criminal convictions and offences, a person's sex life or sexual orientation, genetic or ethnic data, religious or philosophical beliefs as far as necessary for a correct provision of services.
NG collects your personal data related to the Contract and the information you additionally provide her with in the context of the performance of the Contract.
NG will only process the personal data that are necessary, relevant and adequate in the relation of the purpose for which they are processed.
When NG in certain circumstance finds it necessary to provide data to third parties, she will ensure that these third parties comply with the legal obligations and warranties related to the processing of personal data. This is for NG a best effort obligation.
NG is amongst other things using services of KLEOS (Kluwer), EXACT and NEXT GEN ICT for the processing of personal data. These actual processors process your personal data in accordance with the European principles of personal data protection. The contracts between the above mentioned processors and NG contain the necessary warranties regarding the confidentiality of the personal data and the conformity with the privacy legislation.
NG can be obliged to allow wholly or partly access to your personal data if:
- A legal obligation and/or order of a judicial or administrative authority;
- It is necessary for the performance of the Contract;
- You have given NG a prior written permission.
NG will make all reasonable efforts to protect your personal data.
If despite these efforts, an infringement in relation to your personal data is still be committed, which is likely to result in a high risk to the rights and freedoms of natural persons, NG will notify this without undue delay, unless:
- NG has implemented appropriate technical and organisational protection measures, and that those measures were applied to the personal data affected by the personal data breach;
- NG has taken subsequent measures which ensure that the high risk is no longer likely to materialise;
- The notification would involve disproportionate effort of NG. In such a case, a public communication or similar will be sufficient.
As soon as NG learned about the breach, NG will at least communicate to you without undue delay:
- The nature of the personal data breach;
- The name and contact details of the data protection officer or other contact point;
- The likely consequences of the personal data breach;
- The measures taken or proposed to be taken to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
NG will make all reasonable efforts to process your personal data in accordance with the legal requirements. Special attention will be given to the fair and rightful manner of processing, given defined, explicit described and lawful purposes. NG ensures that the processing will be necessary, relevant and not excessive.
Furthermore, several rights are granted to you by the privacy law.
You have the right to know whether NG is processing your personal data, as well as the purposes of the processing, the envisaged period for which the personal data will be stored, the categories of the personal data concerned and categories of recipient to whom the personal data will be disclosed.
You can request NG the rectification of inaccurate data and the complement of incomplete personal data.
You have the right to request the erase data, when:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- You withdraw your consent and where there is no other legal ground for the processing;
- objects to the processing pursuant to marketing practices or automated decision-making;
- the personal data have been unlawfully processed;
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which NG is subject;
- the personal data have been collected in relation to the offer of information society services.
NG can refuse the request of erasure based on the right of freedom of expression and information, legal obligations, grounds of public interest in the area of public health or of scientific or historical research or statistical purposes or for the establishment, exercise or defence of legal claims.
Where processing has been restricted, NG shall only process such personal data, with the exception of storage, with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
You can obtain restriction of processing your personal data, if:
- the accuracy of the personal data is contested by you for a period enabling NG to verify the accuracy of the personal data;
- the processing is unlawful and you oppose the erasure of the personal data and requests the restriction of their use instead;
- NG no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
When data restriction has been obtained, NG will inform you about this before the restriction of processing is lifted.
You will have the right to receive the personal data, which concern you and which you have provided to NG, in a structured, commonly used and machine-readable format. You can also request NG to transmit those data to another controller, whenever this is technically possible.
You will also have the right to object, on serious and rightful grounds relating to your particular situation, to processing of your personal data. You can object to:
- The processing based on the the performance of a task carried out in the public interest or in the exercise of official authority of which NG is subject or the processing for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms or for the establishment, exercise or defence of legal claims.
- For any kind of direct marketing including profiling to the extent that it is related to such direct marketing.
You shall have the right to lodge a complaint with a supervisory authority, in particular the Belgian competent authority, if you consider a breach has been made in the processing of your personal data.
NG shall take all the necessary measures to allow you to exercise your rights free of charges. Where your request is manifestly unfounded or excessive (for example because of their repetitive character), NG shall have the right to charge a reasonable fee or to refuse to act on the request.
To exercise your rights, you need to forward a dated and signed request to NG to the address of email mentioned in the preamble. With this request you enclose obligatory a proof of identity, preferably a copy of your ID-card.
If your request responds to all the conditions, NG will be obligated to respond within 30 days after receipt. Depending on the complexity of your request, this period can be extended with two months.
If NG decides to refuse to act on the request, she will notify you this within 30 days, together with the reasons for not taking action.
Each time you can lodge a complaint with a judge when you disagree a decision of NG.
NG stores your personal data until 5 years after the termination of the Contract, also based on the rules applicable to lawyers in this respect, which apply on lawyers, unless another period is legally mandatory or necessary for storage.
You have the right to withdraw your permission at any time for the processing based on this permission. This withdrawal does not affect the lawfulness of the processing based on this permission before the withdrawal.