Management of personal data
This policy sets out the manner in which we process the information that we collect about you when you visit our website (notairevigneron.be).
Who are we
Name: Jean-Frédéric VIGNERON & Laurent VIGNERON – Associated Notaries
Jean-Frédéric VIGNERON & Laurent VIGNERON – Associated Notaries
Address: Place Alphonse Bosch 18, 1300 Wavre
BCE number: 0825.477.225
Telephone number: (010) 84.44.54
Email: notaire@notairevigneron.be
Preamble
The notarial office of Jean-Frédéric VIGNERON & Laurent VIGNERON – Associated Notaries attaches great importance to confidentiality and to respecting your privacy. Consequently, we do everything possible to ensure that the processing of your data complies with the GDPR.
"Jean-Frédéric VIGNERON & Laurent VIGNERON – Associated Notaries" is responsible for the processing carried out on your personal data within the Office.
Who is the data controller and who is the Data Protection Officer?
The notarial office of Jean-Frédéric VIGNERON & Laurent VIGNERON – Associated Notaries processes personal data in the context of its activities.
Jean-Frédéric VIGNERON & Laurent VIGNERON – Associated Notaries, located at Place Bosch 18, 1300 Wavre, with company number 0825.477.225, acts as the controller of the personal data processing carried out within the notarial office (hereinafter "the Office"). The controller is the natural or legal person who determines the purposes and means of the processing of personal data.
The Office is concerned about the protection of privacy. It undertakes to protect and process your personal data with particular care and in full transparency, in strict compliance with the legislation on the protection of privacy, in particular the General Data Protection Regulation (EU) 2016/679 (hereinafter "GDPR") and the Code of Conduct of the National Chamber of Notaries of 28 January 2021, which specifies certain methods of application of the General Data Protection Regulation (EU) 2016/679 (GDPR) for notaries (hereinafter the "Code of Conduct").
In accordance with the GDPR and the Code of Conduct, the Office has appointed a Data Protection Officer, namely Privanot ASBL. The Data Protection Officer can be contacted at the following email address: info@privanot.be, or by letter at the following address: Privanot asbl, Rue de la Montagne 30, 1000 Brussels.
Through this personal data protection policy, we wish to give you further explanations on how we process the personal data that we hold. In this policy, you will find answers to the following questions:
Who is the data controller and who is the Data Protection Officer?
Why are your personal data processed?
What is the legal basis for the processing of your personal data?
Which personal data are processed by the Office?
What are the sources of information?
To whom can your personal data be disclosed?
Who are the processors of the Office?
Will your personal data be transferred outside the European Economic Area (EEA)?
How long will your personal data be retained?
How are the security and confidentiality of your personal data ensured?
What are your rights?
Please note that information relating to the processing of personal data of internal staff carried out in the context of human resources is contained in the Office’s work regulations. Information relating to the processing of personal data of external staff in the context of human resources is contained in specific documents, such as service contracts or the Office’s general policy documents.
Why are your personal data processed?
Purposes – The Office collects and processes personal data primarily for the purpose of ensuring the legal certainty of transactions for which the notary guarantees authenticity, as well as for the management of the files entrusted to the notary.
In addition, processing operations are necessary in order to carry out other important tasks and objectives, namely:
the management of the Office's files, including the processing carried out before and after the execution of an authentic instrument, such as necessary searches and checks, as well as any other processing required to fulfil the duties of the notary as a public officer and the tasks entrusted to the notary by citizens;
administrative management and follow-up of citizens’ files, including invoicing and accounting;
carrying out the necessary checks and controls within the framework of legislation on the fight against money laundering;
ensuring the security of buildings, property, staff and visitors through camera surveillance;
optimising navigation on the website through the use of cookies;
improving the quality of the Office’s operations in the preparation of deeds and documents necessary for the exercise of the functions of notaries as public officers by means of low-risk artificial intelligence systems.
What is the legal basis for the processing of your personal data?
Lawfulness – The processing of personal data carried out by the notary is considered lawful insofar as it is, in most cases, necessary for compliance with a legal obligation to which the notary is subject or necessary for the performance of a task carried out in the public interest with which the notary responsible for the file within the Office is entrusted.
The processing of personal data is carried out by the Office on the basis, among others and without limitation, of the following legislation:
The Act of 25 Ventôse Year XI containing the organisation of the notarial profession;
The Act of 18 September 2017 on the prevention of money laundering and the financing of terrorism and on the restriction of the use of cash.
In addition, the lawfulness of processing may also be based on the legitimate interest of the controller, such as in the case of improving customer satisfaction or securing the Office by means of camera surveillance.
Finally, the lawfulness of processing may be based on the consent of the data subject, for example where non-functional cookies are used on the Office’s website.
Which personal data are processed by the Office?
Depending on the services you use, the Office may process the following personal data:
identification data (surname, first name, marital status, national register number, place and date of birth, etc.);
contact data (postal address, email address, telephone number, etc.);
economic and financial data (bank account number, etc.);
data relating to legal capacity;
data relating to professional activity;
data relating to deeds executed within the Office;
data relating to family, social, tax or other composition which the notary must collect from official sources and authorities concerning you;
images from video surveillance.
What are the sources of information?
As a public officer, for the performance of his activities the notary is required to collect and use personal data relating to you.
The personal data concerning you originate from:
yourself or your legal representative;
authentic data sources strictly governed by specific legislation, such as the National Register, the Crossroads Bank for Social Security, the Central Register of Wills, the Central Register of Cohabitation and Marriage Contracts, etc.;
official bodies authorised to provide data to notaries in the context of their public functions;
images recorded by one or more video surveillance cameras.
To whom can your personal data be disclosed?
The personal data processed by the Office may be disclosed to third parties ("recipients"), depending on the context of the processing, in particular:
to partners who are legally authorised, such as public authorities and notarial institutions, for the retention of transcriptions of deeds and their metadata in the context of electronic registration and for the recording of your data in the central registers of the notarial profession (e.g. the Central Register of Marriage Contracts, the Central Register of Mandate Contracts, the Central Register of Declarations relating to the appointment of an administrator or a trusted person, etc.);
to the Royal Federation of the Belgian Notariat ASBL, with regard to data relating to immovable property, in order to be recorded in a notarial database whose purpose is to generate statistics and to enable notaries to estimate the value of immovable property in the context of the exercise of their functions;
to the Provincial Chamber of Notaries responsible for your file and/or to the National Chamber of Notaries (for example, in the context of their tasks relating to accounting control or the prevention and fight against money laundering);
to other notaries involved in your file (for example, in the context of a deed of sale of immovable property);
to the State Archives for the retention of files, minutes and wills;
to the banks involved in your file;
to the chartered accountant/tax adviser who manages the Office’s accounting;
to processors for the management and continuity of the Office, such as software providers for the preparation of deeds.
Who are the processors of the Office?
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Office.
The Office uses in particular the following categories of processors:
hardware supplier;
software suppliers, for example for file management and accounting;
server/backup provider;
provider of paper document destruction services;
video surveillance camera supplier;
consultant or external collaborator.
Will your personal data be transferred outside the European Economic Area (EEE)?
In principle, your personal data will not be transferred outside the European Economic Area (hereinafter "EEA").
However, in the event that your personal data are nevertheless transferred to countries outside the EEA and the European Commission has considered that the country to which the data are transferred does not offer an adequate level of protection, the Office will endeavour to protect your personal data by providing additional safeguards (for example, by concluding standard contractual clauses approved by the European Commission, adopting binding corporate rules, etc.).
How long will your personal data be retained?
By virtue of the principle of limitation of the retention of personal data, the above-mentioned data may only be kept for as long as is necessary to achieve the purpose pursued, and this in accordance with the specifically applicable laws and the limitation periods for commercial and personal claims. The retention periods below correspond to the retention periods indicated in the Office’s register of processing activities.
The retention periods vary according to the nature of the documents concerned, namely:
client files of citizens will be kept as long as the citizen has not chosen to change notary, and will be kept at most for the entire lifetime of the citizen in order to allow the provision of advisory services (in accordance with Article 9 of the Act of 25 Ventôse Year XI containing the organisation of the notarial profession);
files are kept for 30 years following their closure for evidentiary purposes (in accordance with Article 3.27 of the new Civil Code);
minutes are kept for 75 years after the signing of the deed and will then be transferred to the State Archives (in accordance with Article 62 of the Act of 25 Ventôse Year XI containing the organisation of the notarial profession);
books (accounts) are kept for 30 years after the end of the financial year;
account statements are kept for 30 years after the end of the financial year concerned;
personal data covered by the anti-money laundering legislation are deleted at the end of a retention period of 10 years (in accordance with Articles 60 and 62, paragraph 1, of the Act of 18 September 2017 on the prevention of money laundering and the financing of terrorism and on the restriction of the use of cash);
images from cameras will be kept for a maximum period of one month (in accordance with Article 6 of the Act of 21 March 2007 regulating the installation and use of surveillance cameras);
personal data processed for the management of the website are kept for as long as necessary to achieve the purpose pursued;
personal data processed in the context of artificial intelligence software will no longer be processed by these technologies once your file has been closed by the Office.
How are the security and confidentiality of your personal data guaranteed?
The Office takes appropriate technical and organisational measures to ensure a level of security appropriate to the risk. In addition, the Office ensures that the security measures for the processing of personal data set out in the Code of Conduct of the National Chamber of Notaries of 28 January 2021 are adopted.
Security measures are taken to prevent the loss, destruction, alteration, unauthorised disclosure of personal data transmitted, stored or otherwise processed, or unauthorised access to such data.
The notarial office ensures in particular that:
access to premises containing data media is restricted to authorised persons;
the server environment is properly secured;
personal data are stored and destroyed securely;
secure access to the data necessary to achieve the purpose pursued is provided to employees and processors;
a procedure for notifying any personal data breach applicable to all members of the Office is put in place;
a procedure for managing the rights of data subjects applicable to all members of the Office is put in place;
an information security policy accessible to all members of the Office is put in place;
there is awareness of the GDPR among the members of the Office;
technical security measures, such as firewalls, antivirus software and regular security updates, are applied.
These measures are regularly monitored and reviewed by the aforementioned DPO following an audit.
The Office has, in accordance with Article 28 of the GDPR and Article 2 of the Code of Ethics of the National Chamber of Notaries of 28 January 2021, signed a processing agreement with the various processors it uses.
What are your rights?
Under the GDPR, you, as a data subject whose personal data are processed by the Office, have several rights.
Thus, depending on the circumstances and subject to the controller’s compliance with its legal obligations and the performance of its tasks carried out in the public interest, you have the following rights:
Right to information: you have the right to know, among other things, which personal data the Office processes about you, the purposes of this processing, the retention period of this data, etc.;
Right of access: you have the right to consult and obtain communication of the personal data concerning you held and processed by the Office;
Right to rectification: you have the right to obtain the rectification of inaccurate or incomplete personal data concerning you;
Right to erasure: you have the right to request the deletion of your personal data processed by the Office;
Right to restriction of processing: you have the right to restrict the processing of your personal data, for example if you contest the accuracy of the data;
Right to data portability: you have the right to receive your personal data in a structured, commonly used and machine-readable format and to transmit it to a third party;
Right to object: you have the right to object to the processing of your personal data by the notarial office.
You can exercise your rights directly with the Office by email at notaire@notairevigneron.be or by letter at Place Bosch 18, 1300 Wavre, or with the Data Protection Officer by email at info@privanot.be.
Finally, if you believe that your rights are not being respected in accordance with the GDPR, you are entitled to lodge a complaint or file a claim with the Data Protection Authority (Rue de la Presse 35, 1000 Brussels or via their website https://www.autoriteprotectiondonnees.be/citoyen).
Technical and organisational measures
The creation, security and maintenance of our site are entrusted to a specialised partner: Ricochet Consult.
We use the highest standards in terms of encryption, antivirus, firewalling and anti-DDoS.
Hosting is provided by a fully dedicated infrastructure that shares neither its resources nor its data.
The version of our site that is publicly accessible is entirely static, which makes it practically invulnerable to external attacks.
We absolutely anonymise all data collected through our site.
Our staff and that of our processors who have access to personal data are contractually bound by a duty of confidentiality.
Cookies
We use "cookies". A cookie is an identifier temporarily stored on your machine when you visit a website.
Thanks to this identifier, a website is able to personalise your browsing experience from one page to another, from one day to another, from one month to another, etc.
Cookies can also be used to continue tracking you even when you leave one site for another! Your habits are then collected, stored and often resold directly or indirectly to third parties. We do not use this type of cookies.
For us, cookies are mainly used for traffic statistics and for monitoring conversations on the chat.