Privacy policy

July 2018

The protection of privacy and the security of our clients’ data are of the utmost importance to Simont Braun. When we process personal data received from or relating to our clients or their employees, officers, directors, servants, agents or independent contractors (“personal data”), this processing occurs in accordance with this privacy policy (“Policy”) and in compliance with applicable laws and regulations.

The person responsible for this processing is Simont Braun SCRL, with registered offices in Belgium, 1050 Brussels, Avenue Louise 149, box 20, and with company number 0466.896.335 (“Simont Braun”, “we”, “us”, “our”). When used in this Policy, the terms “you” or “your” refer to our clients. When used in this Policy, the terms “data subject” refer to any natural person of whom personal data are processed by Simont Braun, it being understood that you can be a data subject yourself. This Policy applies to all personal data you transferred to us at any time, including before you decided to become a client.

This Policy is not a contract that we conclude with you but a commitment we make regarding the processing of personal data and the exercise of the data subjects’ rights.

I. Which personal data do we collect and process?

We collect all personal data you provide us when you decide to contact us or use our services. These personal data will include all information relevant to providing the services or information you request from us, such as contact details, information relating to your situation or invoicing details. When appropriate, and provided you gave us explicit consent, this may also include sensitive data including, without limitation, data relating to criminal convictions and offences, health, political opinions or trade union membership.

When appropriate for handling your request or when necessary for any of the purposes described below, we may also collect and process personal data we obtain from third parties or find on public sources such as the Belgian Gazette or other official publications or registers, private databases, newspapers or websites.

II. What do we do with these data and for how long?

First, we may process personal data for handling your request. As the case may be, this may include providing you with certain information, including a fee estimation, drafting legal opinions, contracts or other documents for you, representing you in legal or administrative proceedings or assisting you in negotiations or alternative dispute resolution processes.

Second, we may process personal data (and more particularly contact details you provided to us) for sending you legal news or other communications that we think might be of interest to you or invitations to events we organise or support, it being understood that we will always make sure that you (or the data subject concerned) can oppose to such communications at any time (for more details see the data subjects’ rights below). This processing is based on our legitimate interest to promote our business. Similarly, based on the same legitimate interest and subject to the same possibility to oppose such processing, we may also transfer your contact details or the contact details from a person within your firm to third parties for recommendation purposes.

Third, we may process personal data to conduct activities and processes aiming at fulfilling our legal, regulatory and professional obligations, including with regard to the prevention of money laundering, and to respond to requests from competent authorities in this context.

Fourth, we may process personal data to ensure the security of our services. This includes the use of personal data for investigation purposes in case of security breaches or unlawful activities committed in particular through or in relation to our website or Customer Web Access service. This processing is based on our legal obligation to ensure the security of our services.

Fifth, we may process personal data for internal knowledge management purposes. This includes the storage and structuring of our legal documentation, which may include personal data, on a strictly internal basis. This processing is based on our legitimate interest to improve the quality of our services.

Sixth, we may process personal data to handle any claim raised against us, in court or otherwise. This processing is based on our legitimate interest to defend our rights and interests in such a context.

We store and process personal data as long as necessary for one of the above purposes, and only to the extent necessary for said purpose, without prejudice to the exercise of the data subjects’ rights as indicated below.

III. To whom can we transmit these data?

The persons to whom we transmit personal data mainly depends on the mission you have entrusted us with. If you are involved in legal or administrative proceedings and/or negotiations, personal data may be sent to courts, regulatory authorities, other public bodies, arbitrators, mediators, opponents, legal counsels, experts, translators, clerks, bailiffs, opponents and to any person involved in the proceedings and/or negotiations at stake. If you are involved in a financial or corporate transaction such as an M&A, an IPO or the sale/acquisition of a branch or of assets, we may send personal data necessary to this transaction to the other parties involved, or, as the case may be, to the regulators in charge of the matter. In some cases, we will also have to transfer personal data to third parties for providing legal advice to you, for example, if our advice depends on technical or financial information needed from external experts such as accountants or patent attorneys. The persons to whom we transmit personal data mainly depends on the mission you have entrusted us with. If you are involved in legal or administrative proceedings and/or negotiations, personal data may be sent to courts, regulatory authorities, other public bodies, arbitrators, mediators, opponents, legal counsels, experts, translators, clerks, bailiffs, opponents and to any person involved in the proceedings and/or negotiations at stake. If you are involved in a financial or corporate transaction such as an M&A, an IPO or the sale/acquisition of a branch or of assets, we may send personal data necessary to this transaction to the other parties involved, or, as the case may be, to the regulators in charge of the matter. In some cases, we will also have to transfer personal data to third parties for providing legal advice to you, for example, if our advice depends on technical or financial information needed from external experts such as accountants or patent attorneys.
We may also transfer personal data to professional or regulatory authorities or to other public bodies when they request us to do so in compliance with applicable laws and regulations, to third parties for recommendations purposes or to our own service providers such as server hosting or IT providers.
The personal data we collect for the purposes indicated above are intrinsically linked to our business and can be transferred to another law firm in case we would sell, assign or otherwise transfer all or part of our business or merge with another company or conduct any other form of reorganisation.
Apart from these situations, we do not share personal data with third parties. In particular, we will never transfer personal data to commercial partners for their own marketing purposes.

IV. What are the data subjects’ rights?

Within the limits provided by applicable laws and regulations, data subjects have the following rights with regard to the personal data we process:

the right to access their personal data or to have them rectified or erased;
the right to have the processing of their personal data restricted;
the right to object to the processing of their personal data for marketing or recommendation purposes;
the right to data portability.

Data subjects can exercise these rights by contacting us per mail at the address indicated above or per e-mail at the following address: privacy@simontbraun.eu.

In case you are not satisfied with our handling of your request, you also have the right to file a complaint with the Belgian Data Protection Authority
(www.dataprotectionauthority.be).

V. Modifications to this Policy

We reserve the right to make changes to this Policy from time to time. The latest version of this Policy can be obtained at any time upon request by contacting us per mail or e-mail at the addresses indicated above.