PRIVACY DECLARATION

Emergo Advocaten bv, located at Kwadestraat 151B/41, 8800 Roeselare, is responsible for the processing of personal data as shown in this privacy statement.

Tel: 051 70 10 97 - www.emergo-advocaten.be - info@emergo-advocaten.be

Emergo Advocaten optimally protects your data and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized changes.

You can contact Veerle Van de Keere, lawyer, via  info@emergo-advocaten.be if you believe that your data is not properly secured or if there are indications of misuse.

Responsible Data Protection Officer: Veerle Van de Keere, lawyer Emergo Advocaten, Kwadestraat 151B/41, 8800 Roeselare, tel. 051 70 10 97, e-mail:
info@emergo-advocaten.be

Emergo Advocaten processes your personal data for the purpose of legally defined powers and obligations 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, repealing Directive 95/46/EC (referred to as GDPR) and this Privacy Statement.
Emergo lawyers is also bound by its deontology and the legally anchored professional secrecy. 

Emergo-advocaten bv has been declared GDPR compliant by the Flemish Government, which means that the firm meets the requirements in the context of privacy.

As a law firm, the following personal data are usually processed:  First and last name,  Gender, Date of birth, Place of birth, National register number,  Address data, Telephone number, E-mail address, IP address if applicable,  Other personal data in correspondence and by telephone such as l, location data and data about your activities can be processed if necessary for the provision of services,  Data about your surfing behavior, Bank account number (financial data)

Emergo Advocaten only processes the following special and/or sensitive personal data if necessary for the file:

  •  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 with relating to a person's sexual behavior or sexual orientation.

  • Our website and/or service does not intend to collect data about website visitors under the age of 16. Unless they have parental or guardian consent or we are bound by the performance of our legal obligations. However, we cannot check whether a visitor is older than 16. We therefore advise parents to be involved in the online activities of their children, in order to prevent data about children from being collected without parental consent.

If you are convinced that we have collected personal data about a minor without this permission, please contact Emergo-advocaten Veerle van de Keere, lawyer via info@emergo-advocaten.be.

Emergo Advocaten processes your personal data for the following purposes:

  •  to comply with the legal obligation that rests on Emergo Advocaten;

  •  to represent the vital interests of you or another natural person;

  • for the performance of a task of general interest or of a task in the context of the exercise of public authority entrusted to Emergo Advocaten;

  • to represent the legitimate interests of Emergo Advocaten or third parties;

  • processing for archiving purposes in the public interest, scientific or historical research or statistical purposes;

  • Handling any payments

  • Sending any advertising messages

  • To be able to call or e-mail you if this is necessary to perform the service;

  • To inform you about changes to services and products

  • To deliver goods and services to you;

    Emergo Advocaten also processes personal data if we are legally obliged to do so, such as data that we need for our tax return.
    Emergo Advocaten does not make decisions based on automated processing on matters that can have (significant) consequences for people.

The aforementioned lists are illustrative and not exhaustive.  
Emergo Advocaten uses the following computer programs or systems:  Microsoft Office365 and Advodata

Emergo Advocaten has developed security measures adapted on a technical and organizational level to avoid the destruction, loss, falsification, modification, unauthorized access or mistaken notification to third parties of personal data collected as well as any other unauthorized processing of this data.

Emergo Advocaten uses a storage system where the backup is located in Roeselare WestWingpark. The data center is ISO 27001 compliant.

For Microsoft Office 365, the servers are located in Germany, Finland, Ireland and the Netherlands. Microsoft is also ISO 27001 compliant

Emergo Advocaten works with software for law firms (advodata) that applies the highest standards of data security (ISO 27001).

Emergo Advocaten does not store your personal data longer than is strictly necessary to achieve the purposes for which your data is collected. Emergo Advocaten retains the personal data of the various parties at least during the duration of the assignments entrusted to it. There are various obligations and protections that apply to legal files, such as professional secrecy, professional retention obligations and the like. There are legitimate interests that allow the retention of personal data after the closure of files. Emergo Advocaten confirms that this processing of personal data will be limited to what is necessary within the framework of legitimate interests. Emergo Advocaten is bound by professional secrecy, which also includes personal data.

Emergo Advocaten only provides data if this is necessary for the implementation of our legal obligations and powers or the agreement with you.

We conclude a processing agreement with companies that process your data on our behalf to ensure the same level of security and confidentiality of your data.

In principle you have the right to view, correct or delete your personal data. In addition, you have the right to withdraw your consent to the data processing or to object to the processing of your personal data by Emergo Advocaten and you have the right to data portability. This means that you can submit a request to us to send the personal data we hold about you in a computer file to you or another organization mentioned by you.

You can send a request for access, correction, deletion, data transfer of your personal data or request for cancellation of your consent or objection to the processing of your personal data to Veerle Van de Keere, lawyer via info@emergo-advocaten.be.

To ensure that the request for access has been made by you, we ask you to enclose a copy of your proof of identity with the request. Make your passport photo, passport number, black in this copy. This is to protect your privacy.

Emergo Advocaten strives to respond as quickly as possible. If there is no acknowledgment of receipt of your request, your message may have ended up in spam. For the sake of completeness, we therefore ask you to send a registered letter addressed to Emergo Advocaten with the address stated on this website. After receiving your request, you will  receive an answer within thirty days.

Emergo Advocaten is not obliged to comply with your request for inspection, correction, deletion or transfer. This is because of our legal obligations, reasons of public interest (retention, statistical analysis, scientific or historical research), for the establishment, exercise or substantiation of a legal claim or the justified exercise of the right to freedom of expression and/or information.

A complaint can be submitted to the national supervisory authority: Data Protection Authority with address Drukpersstraat 35, 1000 Brussels.

DISCLAIMER

The European regulation on the protection of personal data has been applicable since 25 May 2018. It concerns the General Data Protection Regulation (AVG) or General Data Protection Regulation (GDPR). This Regulation imposes new obligations on all forms of organisations, companies, offices, to take appropriate technical and organizational measures with a view to the protection of personal data. I wanted to inform you that Emergo Advocaten takes these obligations seriously and has taken the necessary steps. I can therefore confirm that the office and the work processes are GDPR compliant. Moreover, the firm has even opted for a software for law firms (advodata) that applies the highest standards of data security (ISO 27001) (Articles 24 and 28 GDPR). Your personal data is stored in a very secure manner and is only processed in the context of the assignment that you have entrusted to Emergo Advocaten. All data is also covered by professional secrecy.

The content of correspondence, e-mail traffic and the attached files are strictly confidential and intended only for the addressee. If you are not the intended addressee or if you have received correspondence and e-mail in error, you must immediately notify the sender and destroy all correspondence, e-mail and any files attached. Copying, distribution or other use of this e-mail and the attached files is strictly prohibited. The author strives to provide information and advice in a careful manner, taking into account the available information. The information given or the advice given can therefore only bind Emergo Advocaten if this is clearly apparent from the message and within the information that was made available to us. The addressee must check the authenticity and integrity of the e-mail traffic and the attached files. They may contain viruses and it is the addressee's responsibility to check the message for possible viruses. Neither the sender nor Emergo Advocaten accepts any liability for any damage resulting from the receipt or use of e-mail traffic as a result of errors or delays in transmission via the internet. 

Applicability

The conditions as stated apply to clients to all services provided by the individual lawyers working within Emergo Advocaten.

In case of contradiction, these general terms and conditions will prevail over any other general terms and conditions. Agreements that deviate from one or more stipulations of these general terms and conditions will only replace the stipulation or stipulations from which they deviate. The other stipulations remain fully applicable.

Information

The Client shall punctually provide the Lawyer, both at the start of the agreement and during its term, whether or not at the request of the Lawyer, with all information required to enable the optimal performance of the services by the Lawyer. The Lawyer is not liable for damage resulting from incorrect or incomplete information provided by the Client.

Counter

All lawyers of Emergo Advocaten are registered at the West Flanders bar. The lawyers of Emergo Advocaten are subject to the regulations of the Order of Flemish Bars and those of the National Bar, which can be consulted at http://www.advocaat.be, as well as to the regulations of their own bar.

Appeal to third parties

If it is necessary for the execution of the service to call on a bailiff or a translator, the client can, if desired, leave the choice to the Lawyer. The same applies to simple tasks such as filing a procedural document, appearing at a hearing, ... by a local lawyer.

If it is necessary for the performance of the service to call on other third parties, such as foreign lawyers, civil-law notaries, accountants, auditors or experts, these will be selected in consultation with the Client. Without prejudice to this consultation, the Lawyer, in the performance of his assignment by the Client, is always mandated to provide such service providers with assignments in the name and for the account of the Client, in which case the invoice of the service provider invoked will be in the name of the Client. will be issued and that invoice must be paid by the Client directly to the relevant service provider.

Third-party funds

The Lawyer will pass on to the Client all amounts he receives for the Client.

The Lawyer may deduct sums from the amounts he receives on behalf of the Client to cover the amounts that the Client owes him. This provision is without prejudice to the right of the client to contest the lawyer's fee statements and to claim payment of these deducted amounts.

The fact that the Lawyer withholds outstanding advances or statements of costs and fees from such amounts does not change the Client's obligation to pay the balance due, through one or more separate payments to the Lawyer insofar as the third-party funds in question would be insufficient to pay the full amount due.

The Lawyer will forward all amounts received from the Client on behalf of third parties to these third parties.

Complaints

If consultation does not lead to a satisfactory solution for the Client, the Client can contact Veerle Van de Keere, lawyer, via info@emergo-advocaten.be, the complaint will be investigated and, where possible, mediated in order to find a solution. come.

Intellectual property rights

The Client is not permitted to reproduce, publish or use the advice, notes, contracts, procedural documents, documents and all other intellectual activities made by the Lawyer, in any form whatsoever, without the latter's prior written consent, itself or with the aid of third parties. to use it in any way whatsoever, other than in the context of the assignment assigned to the Attorney.

Archiving

After each assignment has been completed, the Lawyer archives the file and then keeps it for a period of five years. Original documents can only be returned to the Client at his express request and, if necessary, must be archived by him. After the aforementioned period of five years, the Lawyer has the right to destroy the file, including the original documents present at that time.

Out-of-court dispute resolution

The Lawyer is subject to the regulation on extrajudicial settlement of disputes provided for in Book XVI of the Code of Economic Law.

In accordance with Title 2, Book XVI WER, in connection with an agreement that has already been concluded, a grievance can be submitted directly or information obtained from our complaints department, on telephone number 051.70.10.97 or by e-mail at info@emergo-advocaten.be .

In accordance with Title 4 of Book XIV WER, requests or complaints from Clients who are consumers may also be submitted to the Ombudsman Service for Consumer Disputes for the Legal Profession,  Staatsbladsstraat 8, 1000 Brussels,  the qualified entity competent for the out-of-court settlement of disputes between consumers and lawyers.

Applicable law and disputes

.         All agreements between the Lawyer and the Client are exclusively subject to Belgian law. The Lawyer is subject to the regulations of the Order of Flemish Bars and the regulations of the former National Bar Association, which have not yet been abolished, which can be consulted at www.advocaat.be and to the regulations of the Bar Association in West Flanders.

.         Parties prefer to settle their disputes amicably.

.         For disputes, there is an extrajudicial dispute settlement via the Bar Association of West Flanders.

.        If the Client is of the opinion that the Lawyer has acted unlawfully with regard to the processing of personal data, or has not or insufficiently complied with the request addressed to the Lawyer, the Client may submit a complaint to the national Data Protection Authority, Drukpersstraat 35, 1000 Brussels.

.           The courts of West Flanders are competent to take cognizance of any dispute between the Lawyer and the Client.

Privacy Policy

Emergo-Advocaten bv was declared GDPR compliant at the level of the Flemish Government.   

In accordance with the law on the processing of personal data of 08/12/1992, the user has a legal right to inspect and possibly correct his personal data. Subject to proof of identity, you can obtain written notification of your personal data via a written request to Emergo Advocaten info@emergo-advocaten.be. If necessary, you can also request that data be corrected if it is incorrect or incomplete.

Money laundering legislation

Emergo Advocaten's lawyers are, like all lawyers in Belgium and Europe, subject to the Money Laundering Prevention Legislation.