1. GENERAL WARNING
1.1 KOAN Law Firm CVBA/SCRL is a cooperative company with limited liability, organized and existing under Belgian law (hereinafter “KOAN Law Firm”). KOAN Law Firm has its registered office Terhulpsesteenweg/Chaussée de la Hulpe, 166 in B-1170 Brussels, Belgium and is registered with the Crossroads Bank for Enterprises under the number 0654.768.707. KOAN Law Firm respects the privacy of its clients and the users (hereinafter: the “Users”) of the website koan.law (hereinafter the "Website")
1.4 KOAN Law Firm commits to keep any data it receives related to the identity and personal life of a natural person (“Personal Data”) confidential in the same way and under the same conditions and restrictions as set out in Section 4.2 of the General Terms and Conditions. KOAN Law Firm also commits in this respect to collect and/or process any Personal Data in strict compliance with applicable privacy legislation, i.e. in particular the Belgian Privacy Act (Act of 8 December on the protection in relation to the processing of personal data) and the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/79) as of its implementation on 25 May, 2018.
2. PROCESSING OF PERSONAL DATA THROUGH THE WEBSITE
2.1 The User will have access to the Website without having to provide Personal Data, such as, for example, surname, first name, postal address, e-mail address, etc.
2.2 However, the User may be able and/or required to transmit certain Personal Data via, for example through contact forms, etc.
3. PROCESSING OF PERSONAL DATA IN THE FRAMEWORK OF A PROFESSIONAL RELATIONSHIP
3.1 KOAN Law firm will process any Personal Data it would receive in the context of its professional relationship with any (prospective) client or any other third party in full compliance with EU and Belgian applicable privacy legislation.
3.2 KOAN Law Firm will only collect Personal Data which are strictly necessary to achieve the purposes for which the Personal Data have been collected.
4. COLLECTED INFORMATION
4.1. DATA TRANSMITTED TO KOAN LAW FIRM BY ACTIVE INTERVENTION OF USERS
By providing Personal Data through the Website or in the context of a professional relationship, the User allows KOAN Law Firm to collect and process, for the purposes mentioned in point 5, the following information:
- identification data, such as surname and first name, title, e-mail address, telephone number, mobile number, fax number, company name, department, position, company address, date of birth, etc.;
- communications between Users and KOAN Law Firm;
- any other information voluntarily transmitted to KOAN Law Firm by the User.
4.2. DATA AUTOMATICALLY TRANSMITTED TO KOAN LAW FIRM WHEN CONSULTING THE WEBSITE
4.2.1. « COOKIES»
In order to facilitate browsing the Website and optimize technical management, the Website may use "cookies". For more information the User is invited to consult the Cookies Policy.
4.2.2. REGISTERED INFORMATION ON VISITED SERVERS
When the User accesses the Website, the visited servers automatically save certain data, such as the type of domain with which the User connects to the Internet, the IP address assigned to the User (when logged in), the date and time of access to the Website and other traffic data, location data or other communication data, viewed pages, type of browser used, platform and / or system, the search engine as well as the keywords used to retrieve the Website, etc.
However, no Personal Data identifying the User is collected through these savings. This information is kept for statistical and improvement purposes only.
5. PURPOSES OF PROCESSING
5.1. GENERAL PURPOSES
Without prejudice to what has been specified in point 3.2. concerning the automatically transmitted data, the Website collects, saves and processes the Personal Data of its Users in particular for the following purposes:
- to establish, carry out and conduct the contractual relationship with the User;
- to analyse, adapt and improve the content of the Website;
- to detect and / or prevent fraud or similar activities of an illegal nature;
- to facilitate the provision and use of the Website as well as the experience of the Users;
- to fulfil requests, for example registration for events, meetings and conferences, requests for information material, etc.;
- to inform Users about the evolutions of the Website and its functionalities; and
- for any other purpose for which the User has expressly consented.
By instructing a lawyer of KOAN Law Firm or requiring information about KOAN Law firm’s legal services, the (prospective) client or its representative(s) hereby give(s) his/her/their explicit consent to KOAN Law Firm:
- To transfer his/her Personal Data to third parties if it considers this necessary for the good performance of the requested services by the client or for answering to the prospective client’s specific requests for information on KOAN Law Firm’s services.
- Third party transfers typically include transfers to other law firms, to technical, financial or other consultants and to any third party whose intervention is considered necessary or relevant.
- KOAN Law Firm may in this context transfer Personal Data to countries and regions outside the European Economic Area with or without data protection rules similar to those applicable in the European Union. KOAN Law Firm shall, to the extent possible, seek guarantees from the relevant third party with regards to adequate protection and security of the Personal Data it receives from KOAN Law Firm.
5.3. DIRECT MARKETING
The User agrees that KOAN Law Firm can process their Personal Data in order to keep them informed about information and updates, which KOAN Law Firm may consider relevant or interesting for the (prospective) client’s activities as well as of KOAN Law Firm’s activities, events, seminars, services newsletters and any other information related to KOAN Law Firm or its lawyers, by normal post and/or by e-mail to the professional postal/respectively email addresses of the (prospective) client or its representatives, as well as via professional reputable internet platforms, such as LinkedIn and similar platforms.
When the User does not wish to receive such information and updates, the User retains the right to oppose such use at any time, upon request and free of charge. To do so, the User must send his unambiguous request to the following address: [email protected].
6.1 KOAN Law Firm has taken the adequate measures to ensure that the servers hosting the processed Personal Data prevent, to the extent possible:
- the processing, access or unauthorized modification of these data;
- inadequate use or disclosure of such data; and
- the unlawful destruction or accidental loss of such data.
6.2 In this respect, KOAN Law Firm staff who have access to these data are subject to a strict confidentiality obligation. KOAN Law Firm cannot, however, be held liable for any misappropriation of these data by a third party in spite of the adopted security measures.
7. CONSERVATION PERIOD
KOAN Law Firm will not keep Personal Data any longer as needed for achieving the purposes for which the Personal Data have been collected or obtained, except if it is obliged to do so by law and/or professional rules of conduct. KOAN Law Firm has in this respect a professional duty to store any relevant data (including Personal Data) it has received in the context of a matter or mission in which it performed legal services for a term of at least five years following the date on which the relevant mission has been terminated.
8. RIGHTS OF THE CONCERNED PERSON
8.1 Any person who has submitted Personal Data about him/herself to KOAN Law Firm may at any time request to access, verify, amend or delete his/her Personal Data or parts of it.
8.2 The request can be made by sending an e-mail to [email protected] and KOAN Law Firm will respond as soon as possible to the request.
9. NOTE CONCERNING MINORS
Persons under the age of 18 and persons who do not have full legal capacity are not permitted to communicate their Personal Data to KOAN Law Firm.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
10.3 Before undertaking any legal dispute resolution, the User undertakes to resolve the dispute by amicable means by contacting KOAN Law Firm directly, if necessary by mediation, before resorting to arbitration, litigation, or any other means of dispute resolution.