Privacy Policy

1. General - what is the purpose of this privacy policy?

1.1. The website available at the address www.leeward.be (hereinafter: the "Website") is operated by and is the property of BVBA Leeward, with company number 0871.355.057 and with registered office at 8200 Bruges, Diksmuidse Heerweg 126 (hereinafter: "Processing Manager", "we" or "us").

1.2. The purpose of this privacy policy is to inform you about the processing of your personal data on or via the Website. The purpose of this privacy policy is to ensure proper and transparent processing of your personal data.

We strongly advise you to read this privacy policy carefully.

1.3. This privacy policy only applies to the processing of your personal data on or via the Website by the Controller and/or by processors (e.g. external service providers or subcontractors) who process your personal data on our behalf and have entered into a processing agreement with us for that purpose.

Furthermore, this privacy policy in no way covers the privacy policies of other websites or applications referred to via (even permitted) hyperlinks on the Website or of companies or entities that advertise in our services.

1.4. We are responsible for the processing of your personal data. As data controller, we take all appropriate technical and organisational measures to ensure that the processing complies with Regulation (EU) 2016/679 of 27 April 2016 (hereinafter "GDPR"). Our employees who have access to your personal data are also obliged to comply with the GDPR.

1.5. This privacy policy is made available to you electronically and can be consulted at any time 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. We will inform you at the latest within one month after receipt of your request or question about the action taken on it.

1.6. Processing Officer reserves the right to change this privacy policy at any time. This privacy policy was last amended on 7 June 2018.

1.7. Please note that in order to upload or post on the Website information relating to other persons, you must always have the express consent of the person(s) concerned.


2. Who are we and how can we be contacted?

Legal form: Private limited liability company

Company name: Leeward

Trade Name: Leeward

Registered office: Diksmuidse Heerweg 126, 8200 Bruges

VAT number: BE08.7135.5057

Telephone number: 050 393 555

E-mail: info@leeward.be

Hyperlink(s) Website: www.leeward.be


3. For what purposes do we process your personal data?

We only process personal data that you provide on or via the Website:

to protect the vital interests of you or another natural person;

to process your payments (if any);

in order to be able to contact you if necessary for the execution of our services, to be able to process and answer any questions you may have and to provide you with the necessary information about us and our services;

to inform you about changes to our services and products;

to conclude and execute (service) agreements with you. These may include providing advice, assistance in mediation, assistance in negotiations, assistance in proceedings and acting as a (special) agent;

to enable us to provide our services;

to optimise our services and expertise by collecting case histories;

when we are legally obliged to do so;

to optimise the content of our website;

within the maintenance of the customer relationship, and to contact you later, if necessary, for direct marketing purposes;

for our own financial administration, invoicing and accounting.

The processing of your personal data, whether or not on or via the Website, is not the subject of automated individual decision-making or profiling. Profiling is any form of automated processing in which certain personal aspects are evaluated on the basis of your personal data, in particular with a view to analysing or predicting your professional performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.


4. What is the legal basis for processing your personal data?

4.1. We will process your personal data if:

this is necessary for the conclusion and/or performance of (service) agreements with you or to take certain measures or actions at your request for the conclusion and/or performance of such agreements;

you have given your permission for this;

this is necessary in order to protect the legitimate interests of Leeward or of a third party, unless your interests or rights regarding the protection of personal data outweigh our interests; or

this is a legal obligation.

4.2. In any case, from the moment you have agreed to our privacy policy, you give us your free, specific, informed and unambiguous consent to process your personal data and you expressly agree to the manner in which they are processed as set out in this privacy policy.


5. What personal data do we process?

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

These personal data are only processed to the extent that you provide them to us (whether or not via the Website). However, their processing is necessary for the purposes set out in article 3 above.

5.2. In the context 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, trade 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;

5.3. 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.

5.4. We also process, inter alia, the following data: device data, log file data such as IP address, browser and operating system, the external website that referred you and the pages you visited on the Website (and the date and time of the pages you visited). These data are processed automatically, solely for statistical purposes and with a view to further improving the Leeward Website.

5.5. The processing of the above-mentioned (personal) data is necessary for the purposes set out in Article 3 above.


6. Who else receives and/or processes your personal data (in addition to the person responsible for processing)?

Your personal data is also processed by our IT supplier on our behalf. This processing is regulated in a processing agreement that we have concluded with them.

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

the IT provider(s) of Leeward in the context of the management, maintenance, support and hosting of the Website and the IT infrastructure of Leeward;

our accountant(s) and/or accountant(s);

our insurance broker(s) and/or insurer(s) ;

the individual lawyers (including partners, collaborators and trainees (and their possible companies)) of Leeward.

External lawyers or replacements who provide subcontracting services to (the lawyers of) Leeward or with whom Leeward collaborates;

Bailiffs, civil-law notaries, accountants, auditors, court experts and barristers;

The institutions and certain online services associated with the legal profession;

Other subcontractors, suppliers, external service providers of Leeward or with whom Leeward collaborates such as (sworn) translators.


7. Where, how and for how long do we store your personal data?

7.1. Your personal data is stored on a secure server located in Belgium.

7.2. We will not retain your personal data longer than necessary to achieve the purposes set out in article 4. In this respect, we may retain your personal data for some time. In any case, in accordance with Article 2276bis of the Dutch Civil Code, Leeward 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, Leeward is obliged to keep your personal data for at least five years after the end of its task.


8. What are your rights?

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

You have the right to request us to:

inspection of your personal data.

If you request additional copies, Leeward may charge you a reasonable fee for this as an administrative cost.

improvement of your personal data;

Removal of your personal data, unless processing is necessary:

to exercise the right to freedom of expression and information;

to comply with a legal obligation on the part of Leeward, such as its obligation to keep files and data about you for five years in the context of the professional liability of lawyers (Article 2276bis of the Dutch Civil Code);

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

limitation of the processing that relates to you.

8.2. You have the right to object to the processing of your personal data. You may object at any time and free of charge to the processing of your personal data for direct marketing purposes.

8.3. You have the right to transfer your personal data to another controller. For example, you may ask us to send your file directly to your lawyer who is succeeding Leeward.

8.4. If the processing of your personal data is based on your consent (see article 4 above), you have the right to withdraw your consent at any time. However, the withdrawal of your consent does not have a retroactive effect and does not affect the lawfulness of the processing based on your consent prior to its withdrawal.

8.5. You have the right to lodge a complaint with the Data Protection Authority.

In the event of a complaint, please contact us at info@leeward.be.

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

8.7. For the exercise of the above rights, you can simply send a request to Leeward at info@leeward.be where you must identify yourself sufficiently.

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


9. What are our obligations?

9.1. We take all appropriate measures to ensure a level of security appropriate to the risks to and in the protection of your personal data.

9.2. We maintain a processing register which also describes the (category of) processing of your personal data.

9.3. We cooperate with the competent privacy authorities (at their request).

9.4. We will, where necessary and/or mandatory, report security incidents or data breaches (including unlawful processing, loss, unavailability, destruction, damage or unauthorized distribution of your personal data) immediately to the Privacy Commission / Data Protection Authority, and this no later than 72 hours after becoming aware of them.

In the event that such breach is likely to pose a high risk to your rights, and under the conditions set out in the GDPR, we will also report it to you.

In the event that you become aware in any way of such a breach in connection with your personal data or those of others, please contact us at info@leeward.be.

(The lawyers of) Leeward are not required to appoint a Data Protection Officer ("Data Protection Officer") nor to carry out Data Protection Impact Assessments ("Data Protection Impact Assessments"). Indeed, the processing of personal data by an individual lawyer cannot be considered as large-scale processing (see recital 91 of the AVG).


10. Cookies

10.1. The Website uses 'cookies' to improve the user experience and to collect statistics among visitors to the Website. Cookies are small data files stored by the browser on your computer when you consult a website and facilitate interaction between the visitor and the Website. Cookies do not contain any personal data.

10.2. From the moment you have agreed to our privacy policy, you give us your free, specific, informed and unambiguous consent to use cookies on the Website.

The Website uses the following types of cookies:

Temporary cookies: these cookies are deleted as soon as you close your browser and are indispensable for allowing you to navigate the Website.

Permanent cookies: these cookies are used to send information to the Leeward web server each time someone visits the Website, and are stored on your computer for a longer period of time. These cookies are activated each time you visit the Website.

Functional cookies: these cookies are used to allow the Website to function properly.

Non-functional cookies: these cookies may be used for statistical purposes, among other things.

10.3. You have the right, upon request and free of charge, to object to the previously permitted use of the above-mentioned cookies. You can address this request at any time to info@leeward.be.

10.4. The Website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses cookies to help the Website analyze how users use the site. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

10.5. The use of cookies can be deactivated via your computer or other device (settings of your web browser). However, this may cause the Website to malfunction.