1. General – what is this privacy policy for?
1.1. This is the privacy policy of Portelio Attorneys (company information: see article 2 below) (hereinafter also referred to as “Portelio”, “we” or “us””). This privacy policy applies to and aims at informing you about the processing of your personal data by Portelio, including the processing of these data on or through our website available at https://www.portolio.be (hereinafter referred to as the “Website”).
Portelio is convinced that the protection of your personal data is essential. The aim of this privacy policy is to duly and transparently inform you about the processing of your personal data and to guarantee an appropriate and transparent processing of your personal data.
This privacy policy does not cover the privacy policy of third parties or of websites or applications referred to through (even permitted) hyperlinks on the Website.
We strongly advise you to read this privacy policy carefully.
1.2. This privacy policy is put at your disposal physically or electronically and can be consulted at any time under the heading “Privacy Policy” on the Website.
In case of requests or additional questions, you may always send an email to info@portolio.be.
1.3. Portelio reserves the right to amend this privacy policy at any time. Please check it regularly. Amendments shall be published on the Website.
2. Who is responsible for the processing of your personal data?
2.1. Portelio is responsible for the processing of your personal data. Portelio is the controller. This means that it determines the purpose and means of the processing and ensures the lawful and correct processing of your personal data.
2.2. Portelio shall take all appropriate measures to ensure that the processing complies with the applicable legislation on data protection, including Regulation (EU) 2016/679 of 27 April 2016 (hereinafter referred to as the “Regulation”). Attorneys, employees and agents of Portelio who have access to your personal data and also the service providers and/or controllers used by Portelio are obliged to comply with the Regulation.
3. How can you contact us?
Legal form: BV (Private Limited Company)
Company name: Portelio Advocaten
Registered office: Rijsenbergstraat 148
9000 Ghent (Belgium)
Additional place of business: Napelsstraat 2
2000 Antwerp (Belgium)
VAT/Company number: BE537.590.529
Telephone numbers: +32(0)9 248 88 00
+32(0)3 203 01 04
Fax numbers: +32(0)9 248 88 01
+32(0)3 203 01 24
E-mail: info@portelio.be
Hyperlink Website: https://www.portelio.be/
4. Which (personal) data do we process and how do we process them?
4.1. In the context of the conclusion and/or execution of a (service) agreement with you, we process (all or part of) the following (personal) data:
- of natural persons: name, first name, telephone number, fax number, email address, date of birth, place of birth, company number, national number or passport number, domicile and, if applicable, residence, occupation, usual account number, copy of identity card or passport (front and back), copy of the entry in the Crossroads Bank for Enterprises, and all or part of the above-mentioned (personal) data of any agent(s) of these natural persons;
- of legal entities: legal form, company name, commercial name, registered office, place of business, company number in the Crossroads Bank for Enterprises, VAT number, telephone number, fax number, email address, copy of the memorandum of association and/or (restated) articles of association, usual account number, also all or part of the above-mentioned (personal) data of directors and/or shareholders and/or beneficiaries and/or main contact(s) and/or any other agent(s) of these legal entities.
4.2. We also process legal and/or criminal information insofar it is necessary to defend your interests as a client and/or necessary for the institution, exercise or substantiation of a (legal) claim.
4.3. Through the Website we only process the following personal data: your name, first name, telephone number, email address and any other personal information you provide yourself in the contact form on the Website.
The personal data are only processed insofar you provide them to us (whether or not via the Website).
Via de Website we also process the following electronic identification and location information if you visit the Website: device information, browser, operating system, IP addresses, cooking, log file data, external websites that referred you and the pages you visited on the Website (and date and time). This data is automatically processed for statistical purposes only in order to improve the Website of Portelio. More information on the use of cookies on the Website can be found in our cookie policy.
4.4. Portelio can receive your personal data directly from you or indirectly through third parties.
Portelio can receive and process your personal data in the context of the (service)agreement with you when you contact Portelio by telephone, in writing of through the Website or via cookies on the Website.
Portelio can also receive your personal data through third parties (whether or not as processor on behalf of Portelio).
4.5. The processing of the abovementioned (personal) data is necessary for the purposes determined in article 5 hereunder.
5. What is the purpose and what is the legal ground for the processing of your personal data?
5.1. Portelio processes your personal data for the following purposes:
- Customer management – execution of our services:
We process your personal data to contact you, to process and answer any questions you may have and to give you the necessary information about us, our services, our attorneys, our fees or other information related to our service.
We also process your personal data to manage our client files, the execution and follow-up of assignments, for administration, invoicing and accountancy.
We process your personal data in the context of the execution of the (service) agreement. The services provided by Portelio may include providing advice, assistance in mediation, assistance in negotiations, assistance in proceedings and acting as (special) trustee.
The processing or your data for these purposes is necessary to execute the agreement with you and/or to take specific measures at your request with a view to the conclusion of this agreement.
We may also process data of other data subjects within the framework of the agreement with you or on the basis of our legitimate interests.
If you do not provide certain of your personal data, such as identification data and/or financial data, which are necessary within the framework of the agreement or on the basis of legal obligations, we will not be able to contact you and/or perform our services.
- Supplier management:
We also process personal data of our suppliers in the context of the agreement with them or based on our legitimate interests.
- Job applicant management (recruitment and selection):
We may process your personal data in the context of a job application presented to Portelio. This may be on the basis of the preparation and/or execution of an (employment) agreement with you, your consent or our legitimate interests.
- We may process your personal data in order to optimise Portelio's services and expertise.
- Direct marketing
Your personal data may be used for direct marketing. This is the sending of information about our law firm, our services, or (legal) information or legislative changes that could be interesting or useful to you via a newsletter or other means (e.g. social media).
If you are a client of ours, this is done on the basis of our legitimate interests to do business. If you are not a client of ours, your prior consent will be requested. Such consent is free and may be withdrawn at any time.
- To ensure the optimal operation of the Website:
When you visit or consult the Website, certain electronic data may be processed, such as cookies and IP address (see article 4.3 above). Cookies facilitate interaction between the visitor and the Website and are used to improve the user experience and for the collection of statistics among visitors to the Website. Cookies also ensure that your personal settings and preferences are stored or that audio and video material can be played back. Certain cookies may be placed by a third party, e.g. Google Analytics, in order to measure the use of a website.
More information on the use of cookies can be found in our cookie policy: https://www.portelio.be/cookie-policy/
- The forwarding to our lawyers, external service providers and/or other contracting parties of Portelio for the execution of the above points.
- Defence against liability claims and to bring legal proceedings. It is possible based on our justified interests.
- The compliance with the applicable legislation.
We are required to process certain data in order to comply with certain laws applicable to us, our lawyers and our professional activities. For example, we are required to verify the identity of our clients within the framework of the Law of 18 September 2017 on the prevention of money laundering and terrorist financing and on restricting the use of cash. In this context, we will process your (personal) data as referred to in Article 4 above.
5.2. The processing of your personal data, whether or not on or via the Website, is not the subject of so-called "automated individual decision-making" or profiling.
6. Who else receives and/or processes your personal data (apart from Portelio)?
6.1. The following (categories of) companies, institutions or entities may receive and/or process your personal data (as controller by order or instruction of Portelio or otherwise):
- partners, suppliers, (sub)contractors, external service providers which Portelio consults and who receive and/or process your personal data in the context of our activities (f.e. our IT supplier(s) in the context of the management, maintenance, support and hosting of the Website and the IT infrastructure of Portelio, network management, companies who render payment- and invoicing services, marketing or analytical services to Portelio);
- the bookkeeper(s) / accountants of Portelio;
- the insurance broker(s) and/or insurers of Portelio;
- the individual lawyers (including partners, employees and trainees (and, if applicable, their companies)) of Portelio;
- external lawyers or substitutes who provide subcontracted services to (the lawyers of) Portelio or who collaborate with Portelio;
- judicial officers;
- (sworn) translators;
- notaries public;
- accountants, auditors or (court) experts;
- Presidents of the bar associations;
- Financial Data Processing Cell of the Federal Public Service Finance;
- Institutions connected to the profession of lawyer, such as but not limited to the Board of Flemish Bar Associations, local Bar Associations, Conference of Young Lawyers, Legal Aid Bureau in the context of pro bono files;
- certain on-line services such as the Digital Lawyer Platform, e-Deposit (to deposit pleadings and documents online), DPA-Deposit, etc;
- doctors and/or non-profit organizations (for example, for medical liability files).
6.2. We are not responsible for the processing of personal data by third parties that do not process data on behalf of Portelio, but are themselves responsible for it.
6.3. Portelio may be obliged to provide or process your personal data on the basis of a legal obligation incumbent on Portelio and/or in response to a request to do so from supervisory authorities or government bodies.
7. How long do we keep your personal data?
7.1. We will not retain your personal data longer than necessary to achieve the purposes set out in Article 5, unless special legal provisions apply to the storage or processing thereof.
7.2. Pursuant to article 2276bis of the Civil Code, Portelio is relieved of its professional liability and is no longer responsible for the storage of documents five years after the end of its task. In this sense, Portelio must keep your personal data for at least five years after the end of its task.
8. What are your rights?
8.1. You are entitled to the information on the methods used to process your personal data by Portelio. You are informed of these methods through this privacy policy.
8.2. You may exercise:
- the right of access with respect to your personal data.
You may apply for a free copy of the information asked. If you need additional copies, Portelio may ask you to pay a reasonable fee as administration costs.
- the right to rectification of your personal data;
- the right to erasure of your personal data, if:
o the processing of this information is no longer required for the purpose for which it was processed by Portelio;
o you have withdrawn your consent;
o you object to the processing;
o the personal data are processed unlawfully by Portelio
o it is necessary to comply with a legal obligation; or
o the personal data are processed with respect to an offer of online services to children;
You may not exercise this right if the processing of your personal data is required:
o to exercise the right of freedom of expression and information;
o to comply with a legal obligation of Portelio, such as the obligation to keep your files and information during a period of five years in the context of the professional liability of lawyers (article 2276bis of the Belgian Civil Code);
o to bring, exercise or prepare a (legal) claim;
- the right to restriction of processing your data.
You are entitled to obtain a restriction of the processing if:
o you dispute the correctness of the personal data we keep;
o the processing is unlawful and you object to the erasure of the personal data and instead request a restriction on the use;
o Portelio no longer needs this information while you need this information to bring, exercise or prepare a legal claim; or
o awaiting an answer to the question whether the justified grounds of Portelio are more important than yours, if you objected to the processing based on our justified interests.
8.3. You have the right to object to the processing of your personal data.
You may at any time and free of charge object to the processing of your personal data for direct marketing. You can do this by sending a mail to info@portelio.be and/or you can unsubscribe to newsletters through the Website. Then you shall no longer receive any newsletters from us. In these mailings you are always given the opportunity to unsubscribe.
8.4. You may exercise the right to data portability with respect to your personal data.
You may ask us to receive the personal data you gave us in a structured, commonly used and machine-readable format and transfer these data to another controller. This right may only be exercised if the processing by Portelio is based on your consent or if the processing is done through automated procedures. If applicable, you may ask us to pass on your file directly to the lawyer who succeeds Portelio.
8.5. If the processing of your personal data is based on your consent, you may withdraw your consent at any time.
8.6. You may lodge a complaint with the Data Protection Authority, Drukpersstraat 35, 1000 Brussels – T: +32(0)2 274 48 00 – E: contact@apd-gba.be).
In case of a complaint, you may also contact Portelio: info@portelio.be.
8.7. The exercise of your rights, as mentioned above, depends on the requirements and conditions laid down in the Regulation.
8.8. To exercise the above-mentioned rights, you may send Portelio a request at info@portelio.be in which you have to identify yourself sufficiently.
If Portelio has reasons to doubt your identity, it may ask any additional information necessary to confirm your identity. Portelio usually asks a copy of your identity card to verify who actually presents a request.
9. What are our obligations?
9.1. We take all appropriate security measures to protect your personal data. It means, inter alia, the necessary measures on access control, physical and operational security, in particular with respect to the Website and the servers of Portelio.
9.2. We keep a processing register in which also the (category of) processing of your personal data is described.
9.3. We cooperate with the competent data protection authorities (at their request).
9.4. Where necessary and/or if obliged, we shall report safety incidents and data leaks (including the unlawful processing, loss, unavailability, destruction, damage or unauthorized distribution of your personal data) immediately to the Data protection authority, within a period of 72 hours after becoming aware of it.
In case the infringement with respect to your personal data probably implies a high risk for your rights, and under the conditions referred to in the Regulation, we shall also report it to you.
In case you are informed in any way of an infringement with respect to the personal data of others, you may contact Portelio at the e-mail address info@portelio.be.
Questions? Please contact us: info@portelio.be.