Privacy Policy
Please retain a copy of this Privacy Policy. This document is the Privacy Policy for clients who have visited our website, or partnered with our services, in which we describe how we protect their data, how we will use their data and how they can exercise their rights regarding the information that we store.
1. Introduction
1.1. We are committed to safeguarding the privacy of our website visitors and service users.
As put forward by the obligations within the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation).
1.2. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and acting as a data processor towards our
service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.3. In this policy, "we", "us" and "our" refer to Hyperion Legal Consulting (cf. our details below).
2. Our details
2.1. We are registered in Belgium and this website is operated by Matteo Di Stefano, registered under company number BE 0677.707.821, located at Doornikserijksweg 10,
box 11, 8510 Bellegem, West Flanders, Belgium.
2.3. Where you can contact us:
(a) by post for the attention of Matteo Di Stefano, to Doornikserijksweg 10, box 11, 8510 Bellegem, West Flanders, Belgium;
(b) using our website contact form;
(c) by telephone, on +32 474 43 57 26;
(d) by email, using matteo@hyperionlegalconsulting.com .
3. How we use your personal data
3.1. In this section we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of our processing of your data.
3.2. We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, browser type and version, operating
system. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analyzing the use of the website and
services. The legal basis for this processing is our legitimate interest, namely monitoring and improving our website and services.
3.3. We may process your account data ("account data"). The account data may include your name and email address. The source of the account data is yourself or your
employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services,
maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interest, namely the proper administration of
our website and business and the performance of a contract between you and Hyperion Legal Consulting and/or taking steps, at your request, to enter into such a
contract.
3.4. We may process your personal data that is provided in the course of the use of our services ("service data"). The service data may include specific data. The source of
the service data is yourself or your employer. The service data may be processed for the purposes of operating our website, providing our services, ensuring the
security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a
contract between you and Hyperion Legal Consulting and/or taking steps, at your request, to enter into such a contract.
3.6. We may process information contained in any inquiry you submit to us regarding goods and/or services ("inquiry data"). The inquiry data may be processed for the
purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is the performance of a contract between you and
us and/or taking steps, at your request, to enter into such a contract.
3.7. We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship
data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your
employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our
relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The
legal basis for this processing is our legitimate interest, namely the proper management of our customer relationships.
3.8. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction
data"). The transaction data may include your contact details, your credit/debit card details and the transaction details. The transaction data may be processed for the
purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a
contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.9. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification
data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the continual performance
or prolongation of a contract between you and us for similar services and/or taking steps, at your request, to enter into such a contract.
3.10. We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the
communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the
website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this
processing is our legitimate interest, namely the proper administration of our website and business and communications with users.
3.11. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court
proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interest, namely the protection and assertion of our
legal rights, your legal rights and the legal rights of others.
3.12. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks,
or obtaining professional advice. The legal basis for this processing is our legitimate interest, namely the proper protection of our business against risks and liability.
3.14. In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such
processing is necessary for compliance with a legal obligation to which we are subject.
3.15. Please do not supply any other person's personal data to us unless we prompt you to do so.
4. Providing your personal data to others
4.1. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance
coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative
or out-of-court procedure.
4.2. In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance
with a legal obligation to which we are subject. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense
of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. International transfers of your personal data
5.1. In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area
(EEA).
5.2. We have offices and facilities in Belgium. We do not transfer any of your personal data to countries outside the EEA.
5.3. The hosting facilities for our website are situated in the United States of America. We use Standard Contractual Clauses (also known as Model Contractual Clauses) as
the legal basis for transferring personal data to third countries, including the United States. We protect your personal data and have put appropriate technical and
organizational safeguards in place to meet these standards. On July 16, 2020, the Court of Justice of the European Union invalidated the EU-US Privacy Shield. We no
longer use the Privacy Shield Frameworks as the legal basis for transferring personal data to the United States. However, we continue to apply these principles for
additional protection.
5.4. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot
prevent the use (or misuse) of such personal data by others.
6. Retaining and deleting personal data
6.1. This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the
retention and deletion of personal data.
6.2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3. We will retain your personal data as follows:
(a) Account, Usage, Service, Inquiry, Notification, Customer Relationship, Transaction and Correspondence Data will be retained for a minimum period of 3 years
following the date we no longer process your data, is no longer necessary for our legitimate purposes, the contract has ended or any other applicable obligatory legal
basis ceases to exist, and for a maximum period of 10 years following the date we no longer process your Data.
6.4. In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of
retention based on the following criteria:
(a) The period of retention of Account, Usage, Service, Inquiry, Notification, Customer Relationship, Transaction and Correspondence Data will be determined based on
these criteria:
· the period of retention of Usage Data will be determined based on the activity and interactions with the company and all affiliated media.
· the period of retention of Account Data will be determined based on the contract length and conditions.
· the period of retention of Data will be determined based on the activity and interactions with the company and all affiliated media.
6.5. Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to
which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7. Amendments
7.1. We may update this policy from time to time by publishing a new version on our website.
7.2. You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3. We will notify you of significant changes to this policy by email.
8. Your rights
8.1. In this Section 8, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included
in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2. Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3. You have the right to confirmation as to whether or not we process your personal data and, where we do, request access to the personal data, together with certain
additional information. That additional information includes details about the purpose of the processing, the categories of personal data concerned and the recipients
of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided
free of charge, but additional copies may be subject to a reasonable fee.
8.4. You have the right to have any inaccurate personal data about you rectified and, considering the purpose of the processing, to have any incomplete personal data
about you completed and/or rectified.
8.5. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer
necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the
processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully
processed.
However, there are exclusions of this right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression
and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
8.6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are as following: you contest the accuracy of the
personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data
for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been
restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or
defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the
processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or
the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we
can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment,
exercise or defense of legal claims.
8.8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such
an objection, we will cease to process your personal data for this purpose.
8.9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your
particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10. To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and
such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable
format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority
responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
For Belgium specifically, please contact:
Gegevensbeschermingsautoriteit
Drukpersstraat 35, 1000 BRUSSEL
T: +32 (0)2 274 48 00
F: +32 (0)2 274 8 35
contact@apd-gba.be
8.12. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will
not affect the lawfulness of processing before the aforementioned withdrawal.
8.13. You may exercise any of your rights in relation to your personal data preferably by email to matteo@hyperionlegalconsulting.com .
9. Intellectual Property Rights
9.1. Intellectual property rights, including but not limited to copyrights, usage rights, and other rights for the contents (texts, graphics, images, sounds, etc.), programs, and
other information posted on this website are owned by Hyperion Legal Consulting or the provider of said contents, said programs, or said information. Except for
personal use or use within the scope expressly permitted by governing laws, you are prohibited from using, modifying, diverting, or copying in whole or in part, any
of the contents, programs, or information posted on the website, as they are, or any similar acts, without obtaining prior permission from Hyperion Legal Consulting. All
rights relating to the brand names (trademarks and service marks) quoted in this website belong to Hyperion Legal Consulting or the rights holder from whom
Hyperion Legal Consulting has been allowed use thereof. You are prohibited from using the brand names quoted in this website without obtaining prior permission
from the rights holder.
10. Applicable Law and Jurisdiction
10.1. The laws and regulations applicable in Belgium apply to this privacy policy. In the event of a dispute, the courts of the judicial district of West Flanders, Kortrijk
department, have full jurisdiction.
Last Reviewed: 12th of October 2020