Privacy & Cookie Policy

PRIVACY POLICY LEEWARD

1. General – what is this privacy policy for?

1.1. This is the privacy policy of BV Leeward (company details: see article 2 below) (hereinafter also "Leeward" "we" or "us"). This privacy policy applies to the processing of your personal data by Leeward, including the processing thereof on or via our website available at https://www.leeward.be/ (hereinafter: the "Website").

Leeward believes that the protection of your personal data is essential. The purpose of this privacy policy is to inform you in a proper and transparent manner about the processing of your personal data by Leeward.

This privacy policy does not cover the privacy policy of third parties or of websites or applications to which reference is made via (even permitted) hyperlinks on the Website.

We advise you to read this privacy policy carefully.

1.2. This privacy policy is made available to you physically or electronically and can be consulted at all times under the heading 'Privacy Policy' on the Website.

In the event of requests or additional questions, you can always send an e-mail to: info@leeward.be.

1.3. Leeward reserves the right to change this privacy policy at any time. Therefore, please consult it on a regular basis. The amended privacy policy will be published on the Website.

2. Who is responsible for processing your personal data?

2.1. Leeward is responsible for the processing of your personal data. Leeward is the so-called processing manager. This means that she determines the purpose and means of the data processing and is responsible for the lawful and correct processing of your personal data.

2.2. Leeward shall take all appropriate measures to ensure that the processing is in conformity with applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 ('the AVG'). Leeward's lawyers, employees and staff, as well as the service providers it engages who have access to your personal data, are equally obliged to comply with the AVG.

3. How can you reach us?

Legal form: Private company

Company name: Leeward

Registered office: Diksmuidse Heerweg 126

8200 Brugge

Company number: 0871.355.057

Telephone number: 050/39.35.55

E-mail: info@leeward.be

Hyperlink Website: https://www.leeward.be/

4. What data do we process about you and in what way?

4.1. Within the framework of concluding and/or executing (service) agreements with you, we process (all or part of) the following (personal) data:

- of natural persons: surname, first name, telephone number, fax number, e-mail address, date of birth, place of birth, company number, national register number or passport number, domicile address and any residential address, profession, usual account number, copy of identity card or passport (front and back), copy of KBO registration, as well as all or part of the aforementioned (personal) data of any agent(s) of these natural persons;

- of legal entities: legal form, company name, trading name, registered office, place of business, KBO number, VAT number, telephone number, fax number, e-mail address, copy of deed of incorporation and/or (coordinated) articles of association, usual account number, as well as all or part of the aforementioned (personal) data of directors and/or shareholders and/or beneficiaries and/or main contact person(s) and/or any other representative(s) of these legal entities.

4.2. We also process judicial and/or criminal data to the extent that this is necessary for the defence of your interests as a client and/or necessary for the institution, exercise or substantiation of a (legal) claim. If required, your consent will be requested.

4.3. Via the Website, we only process the following personal data about you: your surname, first name, telephone number, e-mail address and any other personal data you provide yourself in the contact form on the Website.

These personal details are only processed insofar as you provide them to us (whether or not via the Website).

Via the Website, we also process the following data, among other things: device data, log file data such as IP address, browser and operating system, the external website you have referred to and the pages visited by you on the Website (and the date and time of the pages visited by you). These data are processed automatically, only for statistical purposes and with a view to further improvement of the Leeward Website. More information about the use of cookies on the Website can be found in our cookie policy.

4.4. Leeward may receive your personal data directly from you or indirectly via third parties.

Leeward may receive and process your personal details in the context of the (services) agreement with you, when you contact Leeward, by telephone, in writing or via the Website, or via cookies on the Website.

Leeward may also receive your details via third parties (whether or not as processor on the instructions of Leeward).

4.5. The processing of the above-mentioned (personal) data is necessary for the purposes set out in Article 5 below.

5. For what purposes and on what basis do we process your personal data?

5.1. Leeward processes your personal data for the following purposes:

- Client management - implementation of our services:

We process your personal data in order to contact you, to process and answer any questions you may have and to provide you with the necessary information about us, our services, our lawyers, our fees or any other information related to our services.

We also manage your personal data for the management of our client files, the execution and follow-up of orders/files, administration, invoicing and accounting.

We process your personal data, including the conclusion and performance of (service) agreements with you. Leeward's services may include providing advice, assistance in mediation, assistance in negotiations, assistance in proceedings and acting as (special) agent.

The processing of your data for these purposes is necessary for the execution of the agreement with you and/or to take certain measures at your request before or with a view to concluding 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 service providers within the framework of the agreement with them or on the basis of our legitimate interests.

- Candidate management (recruitment and selection):

We may process your personal data in the context of an application at Leeward. 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 Leeward'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 changes in the law 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 interest to do business. If you are not a client of ours, your prior consent will be requested. Such consent is free if necessary and may be withdrawn at any time.

- Taking care of an optimal functioning of our 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.

- The forwarding to our lawyers, external service providers and/or other Leeward contracting parties for the execution of the above points.

- Compliance with applicable legislation.

We are required to process certain data in order to comply with certain legislation applicable to us, our lawyers and/or our professional activities. For example, we are required to verify the identity of our clients under the Act of 18 September 2017 on the prevention of money laundering and terrorist financing and on restricting the use of cash. In this context we collect and 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 can still receive and/or process your personal data (in addition to Leeward)?

6.1. The following (categories of) companies, institutions or entities may receive and/or process your personal data (whether or not as a processor on the instructions of Leeward):

- partners, suppliers, (sub)contractors, external service providers called upon by Leeward who receive and/or process your personal data in the context of our activities (e.g. our IT supplier(s) in connection with the management, maintenance, support and hosting of the Website, IT infrastructure, network management, companies providing payment and invoicing services, marketing services or analytical services to Leeward);

- the accountant(s) of Leeward;

- the insurance broker(s) and/or insurers of Leeward;

- the individual lawyers (including partners, associates and trainees (and their companies, if any) of Leeward;

- external lawyers or replacements who provide subcontracted services to (the lawyers of) Leeward, with whom Leeward works or to which Leeward refers you;

- bailiffs;

- (sworn) translators;

- notaries;

- accountants, auditors or (court) experts;

- staff holders;

- Financial Information Processing Unit of the FOD Financiën;

- Institutions associated with the profession of lawyer, such as, but not limited to, the Order of Flemish Bar Associations, local Bar Associations, Young Bar Conference, Legal Aid Office in the context of pro bono files;

- certain online services such as Digital Platform for the Lawyer, e-Deposit (for online filing of submissions and documents), DPA-Deposit, Regsol, etc;

- doctors and/or not-for-profit organisations (e.g. in the context of medical liability records).

6.2. We are not responsible for the processing of personal data by third parties who do not process data on behalf of Leeward, but are themselves responsible for this.

6.3. Leeward may be obliged to provide or process your personal data on the basis of a legal obligation incumbent on Leeward and/or in response to a request to that effect from supervisory authorities or government bodies.

7. How long do we retain 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 their retention or processing.

7.2. Pursuant to Section 2276bis of the Dutch Civil Code, Leeward is relieved of its professional liability and is no longer responsible for the custody of documents five years after termination of its duties. In this sense, Leeward must keep your personal data for at least five years after termination of its task.

8. What are your rights?

8.1. You have the right to information regarding the processing of your personal data. This will be communicated to you via this privacy policy.

8.2. You have the right to ask us to:

- access to your personal data

You can obtain one copy of the requested information free of charge. If you request additional copies, Leeward may charge you a reasonable fee for this as an administrative cost.

- improvement of your personal data;

- deletion of your personal data if:

o the processing of such data is no longer necessary for the purpose or purposes for which they were processed by Leeward;

o you have withdrawn a consent given;

o you object to the processing;

o the personal data would have been processed unlawfully by Leeward;

o this is necessary to comply with a legal obligation; or

o the personal data would have been processed in connection with the provision of online services to children.

You cannot exercise this right if the processing is necessary:

o for exercising the right to freedom of expression and information;

o for compliance with a legal obligation of Leeward such as its obligation to keep files and data of you for five years within the framework of the professional liability of lawyers (article 2276bis Civil Code);

o for the institution, exercise or substantiation of a (legal) claim.

- limitation of the processing that concerns you.

You have the right to obtain a limitation of the processing if you:

o contest the accuracy of the personal data in our possession;

o the processing is unlawful and you oppose the erasure of personal data and instead request the restriction of their use;

o Leeward no longer needs this information while you still need this information for the institution, exercise or substantiation of a legal claim; or

o Pending an answer to the question of whether Leeward's legitimate grounds outweigh yours if you have objected to the processing on the grounds of our legitimate interest.

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 purposes. You can easily object by letting us know via info@leeward.be and/or by unsubscribing from the Website. You will then no longer receive newsletters from us. In these mailings you will always be given the opportunity to unsubscribe.

8.4. You have the right to transfer your personal data.

You have the right to ask us to obtain the personal data we have obtained from you in a structured, common and machine-readable form and to transfer that data to another data controller. You only have this right if the processing by Leeward is based on your consent or if the processing is carried out using automated processes. For example, you may ask us to send your file and data directly to your lawyer who will succeed Leeward.

8.5. If the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time.

8.6. You have the right to complain to the Data Protection Authority (Drukpersstraat 35, 1000 Brussel – T: +32(0)2 274 48 00 – E: contact@apd-gba.be).

In case of a complaint, you can also contact Leeward at info@leeward.be.

8.7. The exercise of your rights, as set out above, is subject to the requirements and conditions set out in the GTC.

8.8. To exercise the above rights, you can simply send a request to Leeward at info@leeward.be

where you need to identify yourself sufficiently.

If Leeward has reasons to doubt your identity, it may ask you for additional information necessary to confirm your identity. In general, Leeward will ask for a copy of your identity card in order to verify who is actually making a request.

Questions? Feel free to contact us: info@leeward.be


COOKIE POLICY LEEWARD

1. General – what is this cookie policy for?

1.1. This cookie policy applies to the use of cookies on the website https://www.leeward.be (hereinafter: the "Website") of BV Leeward (hereinafter: "Leeward", "we" or "us").

1.2. Leeward is responsible for the processing of your (personal) data that it obtains when you visit the Website (e.g. your IP address).

Cookies are also personal data. More information about the processing of your personal data can be found in our privacy policy.

1.2. This cookie policy informs you about the use and purpose of cookies on our Website. This cookie policy is made available to you electronically and can be consulted at all times under the heading 'Privacy & Cookie Policy' on the Website. We reserve the right to change this cookie policy at any time. Changes will be announced on the Website.

2. What are cookies and what are they for?

Cookies are small data files that are stored by the browser on the hard disk of your computer or device when you visit and/or consult a website or use a (mobile) application that stores certain user information. Cookie files contain unique codes that, for example, allow your browser to recognise you when you visit the Website and thus improve your user experience. Cookies facilitate interaction between the visitor and a website and are used to improve the user experience and for the collection of statistics among website visitors. 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, to measure the use of a website.

3. Cookies on the Website

3.1. Leeward uses different types of cookies on the Website:

i. Session cookies: these are cookies that keep track of certain preferences during a browsing session, but disappear when you close your browser session.

ii. Permanent cookies: these are cookies that are placed on your device permanently, at least until their duration expires.

iii. Functional cookies: these cookies are necessary for the optimal functioning of the Website, to display certain graphical elements, etc. These cookies are technically necessary for the proper functioning and security of the Website. These cookies are placed without your permission as they are in the legitimate interest of Leeward.

Non-functional cookies: these cookies are placed for statistical, social and/or commercial purposes and are independent of the technical support of the Website. The use of these cookies requires your prior, specific and explicit consent.

These cookies include the following:

a. Analytical cookies: these cookies are used to compile statistics on the number of visitors to the Website, the most popular web pages, etc. (e.g. Google Analytics). These cookies show how the Website is used. For example, Leeward knows how many times a particular page is read, how much time someone spends on our Website, etc. Statistical analyses are made of the information we receive in this way. These statistical results allow us to improve the structure, navigation and content of our website and related services. We also use this data for general reporting on our services or in the context of surveys in which we participate. No personal data is passed on in the process. The consent of each visitor is required for the placement of these cookies.

b. Marketing cookies: these cookies are used to personalise the online advertising offer.

c. Socialmediacookies: These cookies make it possible to include buttons from social networking sites. The buttons work via a code originating from these sites. A handy tool to promote web pages such as 'like' and 'pins'.

3.2. The Website uses (i) its own cookies (first party cookies) which are placed directly by our Website and (ii) cookies from third parties whose services are or may be used on the Website (third party cookies) and which are placed by a domain that is different from the domain of our Website.

First party cookies do not imply any transfer of personal data to third parties, but may make use of a third party processor, e.g. for the compilation of statistics. Your consent is also required for the placement of e.g. first party analytical cookies.

Third party cookies allow personal data to be sent to third parties either directly (e.g. by an active component linked to a banner or a spy pixel) or indirectly by placing cookies that are accessible to websites other than those of the advertiser.

3.3. Below you will find a more detailed list and description of the cookies on the Website:

Name cookie

- Google Analytics cookie

- XSRF_TOKEN

- laravel_session

- policy_accepted

Function / purpose

- To help analyse how users use the Website.

- To ensure that forms are sent securely between the front-end and back-end systems. This cookie is always present.

- To keep track of which session (in the browser) belongs to which person (the person browsing the Website). This cookie is always present and is unique for each user.

- To keep track if the policy has been accepted and therefore the cookie bar has to be shown again when you visit the website again.

4. Approval

4.1. Your consent is required for placing and consulting cookies via the Website on your terminal equipment, unless it concerns the technical storage of information or the provision of a service expressly requested by you when the placing of a cookie is strictly necessary for this purpose.

4.2. Functional cookies therefore do not require your consent. However, your consent is required for non-functional cookies.

If necessary, your consent is required:

- to be obtained before the cookies are placed. If your consent is not given, no cookies may be placed.

- to be informed, we will inform you about the various cookies via this cookie policy;

- to be explicit and active. Your permission will therefore be obtained by ticking the boxes in the cookie banner on the Website;

- to be specific and thus obtained per cookie or per category of cookie.

4.3. If you have given permission via the Website to use non-functional cookies, you can change this setting at any time and revoke your permission. The cookies already installed will then be deleted. You can do this via the following link.

5. Enabling and disabling - managing cookies

5.1. With all common browsers you can check the settings or options or indicate which cookies you allow. The use of cookies can be disabled. Through your web browser you can delete cookies automatically or manually and you can indicate whether or not certain cookies may be placed. You can also set your web browser to notify you when a cookie is placed.

Depending on your web browser, this can be done via one of the links below:

Internet Explorer - Google Chrome - FireFox - Safari .

5.2. If you deactivate cookies, however, it is possible that the Website will no longer function correctly or that certain (graphic) elements or applications on the Website will function less well.

Any questions? Feel free to contact us:

BV Leeward

Diksmuidse Heerweg 126, 8200 Brugge

Website: https://www.leeward.be

E-mail: info@leeward.be

Phone : 050/39.35.55

To exercise your rights you can also find information in our privacy policy.