PRIVACY DECLARATION
version 2.0 dd. 15/10/2020
This is the privacy statement (hereinafter the "Privacy Statement") of Mr. Franklin, and every lawyer associated with Mr. Franklin BV.
Through this Privacy Statement we wish to inform you as well as possible about the way in which we collect and process your personal data. Our Privacy Statement applies to all relationships between us on the one hand and our clients, suppliers, partners, prospects and counterparties on the other hand.
1. CONTROLLER
The controller of your personal data is Mr. Franklin BV.
Contact details:
Lieven Bauwensstraat 20, 8200 Bruges
Telephone: 0486 27 53 05
email: olivier@misterfranklin.be
We consider the right to privacy to be one of the most fundamental rights and therefore make every effort to optimally protect your privacy. We act in accordance with the Regulation of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter also the "GDPR") and with this Privacy Statement.
In addition, our deontology also includes many obligations regarding the protection of personal data. Finally, reference can of course also be made to the legally anchored professional secrecy by which every lawyer is bound.
2. WHAT ARE PERSONAL DATA?
Personal data is all data by which a natural person can be identified or identifiable. This includes contact details such as your name and email address, but also social media account usage data, your IP address, your preferences, financial data, sensitive data…
3. WHAT PERSONAL DATA DO WE PROCESS?
As a law firm, we collect and process various categories of personal data, such as identification and contact details, financial data, family data, data about your criminal and judicial history, data about your professional career, etc…. This personal data may relate to you in your capacity as a customer or supplier of our office, but also to you as a business relation of one of our customers. It is not possible to give a concrete summary of all personal data that are processed. Depending on each file, different data will be processed.
The following list is therefore merely illustrative and not exhaustive:
General personal data:
- First and last name
- Sex
- Address data
- Company number
- Phone number
- E-mail address
- Other personal data that you provide to us or that are provided to us by third parties in the performance of our assignment.
We may process the following sensitive personal data in the context of our offered services:
- financial data such as account statements, bank account number, annual accounts...
- details of minors
Possible processing of special personal data in the context of our services offered:
- criminal history, facts or convictions
- data of persons under the age of 16
- personal data revealing race or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and processing of genetic data, biometric data for the purpose of uniquely identifying a person, or health data, or data relating to one's sexual conduct or sexual orientation.
We collect and process both personal data that you provide to us directly, and data that we obtain through another route, for example from a public source. Please note that any controller bound by professional secrecy is not bound to communicate data that must be kept confidential in the context of professional secrecy. We do not use automated data processing or so-called "profiling".
Your personal data is processed by us with a view to achieving various goals, including the conduct of our general and financial administration, the management of our customer and supplier database, the provision of a correct service and the proper execution of our agreements._cc781905 -5cde-3194-bb3b-136bad5cf58d_
mr. Franklin considers data minimization of paramount importance and will ensure that no more data is processed than necessary.
4. FOR WHAT AND HOW ARE THE PERSONAL DATA PROCESSED?
4.1 Grounds for Processing
A. Legal and deontological obligation:
To comply with the obligations imposed on the Controller in the context of legal and administrative obligations;
To comply with the provisions of the Judicial Code, Code of Ethics, Money Laundering Act and tax and accounting obligations.
This list is not exhaustive and may be subject to change.
B. Necessary for the performance of its agreement:
Pre-contractual phase:
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Contacting, responding to a request, negotiating;
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Providing and/or requesting information in the context of concluding an agreement;
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Drawing up agreements;
Contractual phase:
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Client management
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Vendor management
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Run our services and command data by the client
C. Legitimate interest:
Defending the interests of our clients (in court), but also for other legitimate interests that we or our clients, suppliers or other third parties may have in processing the personal data.
Sending a newsletter to existing clients.
Guaranteeing the security of both the personal data we process and the office.
D. Common interest:
To comply with Money Laundering Laws.
E. Consent:
Sending a newsletter to non-clients.
Placing testimonials on the website.
Using photos on our website and social media pages.
The use of cookies (see cookie policy for more details).
4.2 Method of processing
The confidentiality of your data is important to us. In addition, a lawyer is bound by a strictly defined professional secrecy. Your data is always treated confidentially, not traded, sold, rented or passed on to third parties outside the contractual relationship or a specific assignment.
The data is always stored within the EU or within the borders of a country that offers appropriate guarantees following an adequacy decision in accordance with Article 45 GDPR. In order to be able to offer its services, the Controller may be assisted by a selective number of processors. If they have access to your personal data, the necessary guarantees are obtained with them in accordance with the GDPR.
In the context of the performance of the contractual assignment, data may also be shared with the parties to the proceedings or their counsel, the court, civil-law notaries, bailiffs, court experts, government agencies, data protection authority, etc.
We process personal data that you provide directly to us, as well as data that we obtain through another route, such as a public source or another party in a file.
In rare cases, the Controller may be required to disclose your Personal Data pursuant to a court order or to comply with other mandatory laws or regulations. The Controller will make reasonable efforts to inform you in advance in this regard, unless this is subject to legal restrictions.
4.3 How long do we keep your personal data
We keep your personal data for as long as is required to comply with our legal and/or deontological obligations, to provide our services correctly or because we have a legitimate interest in keeping your personal data (longer).
For example, we have an interest in keeping your personal data as long as we can be held civilly liable.
5. SAFETY PRECAUTIONS
mr. Franklin has taken appropriate technical and organizational security measures to prevent the destruction, loss, falsification, alteration, unauthorized access or erroneous notification to third parties of personal data collected, as well as any other unauthorized processing of this information. The office applies a tailor-made security policy in which the security of your data is central.
Particular attention was paid to the security of the computer systems, using end-to-end encryption, two-factor authentication and strict password management, among other things. We focus on raising the awareness of the various lawyers and employees in the office, including through specific education and training against phishing attacks.
Under no circumstances can “Mr. Franklin” be held liable for any direct or indirect damage resulting from incorrect or unlawful use by a third party of your personal data.
6. RIGHTS OF DATA SUBJECTS
You have the right to access your personal data free of charge at any time, as well as the use that “Mr. Franklin” with your personal data.
6.1 Right of Correction, Deletion and Restriction
You are free to decide whether or not to communicate your personal data to “Mr. Franklin”. In addition, you always have the right to ask “Mr. Franklin” to correct, supplement or delete your personal data. You acknowledge that in case of refusal of communication or request to delete personal data, certain services may not be available.
You may also request that the processing of your personal data be restricted.
6.2 Right of Objection
You have a right to object to the processing of your personal data for serious and legitimate reasons.
In addition, you always have the right to object to the use of personal data for direct marketing purposes; in this case you don't even have to give a reason.
6.3 Right to Free Data Transfer
You have the right to have the personal data provided by you to “Mr. Franklin” in a structured, commonly used and machine-readable form and/or to have it transferred to other responsible parties.
6.4 Right to withdraw consent
Insofar as the processing is based on your prior consent, you have the right to withdraw that consent.
6.5 Exercise of your rights
You can exercise your rights by “Mr. Franklin”, either by e-mail to olivier@misterfranklin.be, by post to Mr. Franklin, Lieven Bauwensstraat 20, 8200 Bruges or by using the "Contact us" contact form on the Website, provided that you enclose a copy of the front of your identity card or a similar document by which you can be identified. The transmitted data will of course only be used to identify you and will then be deleted.
6.6 Automated Decisions and Profiling
The processing of your personal data does not include profiling and will be carried out by “Mr. Franklin” are also not subject to automated decisions.
6.7 Right to Complain
You about the right to submit a complaint to the Belgian Data Protection Authority, Drukpersstraat 35, 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail: _cc781905-5cde -3194-bb3b-136bad5cf58d_contact@apd-gba.be.
This is without prejudice to a remedy before a civil court.
7. HYPERLINKS
This website may contain hyperlinks to websites of other parties. It is also possible that websites of other parties contain hyperlinks to this website. “Mr. Franklin” is not responsible for the privacy practices of those other parties' websites, and the use of cookies on those websites.
8. CHANGES
The Data Controller reserves the right to change this privacy policy at any time by notifying users on this page. We recommend that you check this page often for any changes. The date of the last modification is indicated at the bottom of the page.
If a user objects to any change in the policy, the user should not continue to use this website. He can request the Controller to delete the personal data. Unless otherwise indicated, the then current privacy policy applies to all personal data that the Controller has stored about users.