Disclaimer – Statements – Policies

Disclaimer – Statements – Policies

Privacy Statement

VDP NV (hereinafter “VDP”, “we” or “us”) takes your privacy very seriously and considers it important that your personal data will be treated with the necessary care and confidentiality.

We understand that you want to know why we ask for your personal data and that you are curious as to what we do with them. Through this privacy statement (hereinafter “Privacy Statement”) we try to provide an answer to this question. If you still have questions after reading this Privacy Statement, you can always contact us.

In order to avoid any misunderstandings, we clarify that this Privacy Statement applies to our website www.vdp.be (hereinafter ‘Website’) and to all (commercial) relations between VDP and its (potential) customers and/or business partners.

Who are we?

VDP is a company specialized in advising and guiding shareholders, entrepreneurs and companies, mainly in mergers and takeovers.

We clarify that this statement only applies to the personal data that we process when you visit our Website. In this regard, during the processing of your personal data, we act as a data controller. This means that we determine the purpose and means (or the “why” and “how”) of processing your personal data.

By ‘processing of personal data’ we mean any processing of data that can identify you as a natural person. You can read more about what data exactly is being processed in this Privacy Statement. The term ‘processing’ is broad and covers, among other things, the collection, storage, use or distribution of such data.

For questions regarding the processing of your personal data, please contact us using the following details:

By post

VDP NV
Congreslaan 21
9000 Gent

By e-mail

info@vdp.be

By phone

+32 9 245 17 00

What data do we collect?

From each user of the Website (the data subject) we collect data obtained from cookies or similar techniques, such as, but not limited to, the IP address, browser type, web page visited, mobile device login data, geographical location data (see our cookie policy for further explanation).

In addition, we also collect the following information provided by you to us:

  • Name and first name;
  • Email address;
  • Phone number (optional);
  • Company (optional);
  • Address, postal code, municipality (optional);
  • The content of your communication and the technical details of this communication (with whom you consult on our side, date and time of the communication, etc.);
  • Other data that you provide us with/that you have chosen to include in your application;
  • Information you have included in your resume and/or cover letter;

This personal data is collected as a result of:

  • A visit to the Website;
  • Filling out the contact form;
  • Subscribing to the newsletter (whether or not via the Website).

In principle, we will not process special categories of personal data (i.e. data on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data to uniquely identify a natural person, health or the sex life or sexual orientation of a natural person) unless they are provided to us with your express consent.

What are the legal grounds we use to process your personal data?

We only process your data for legitimate purposes whereby the processing will always be based on the processing grounds listed in the General Data Protection Regulation.

We support the processing of personal data on the following grounds:

  1. The processing is necessary for entering into, performing or terminating an agreement with our customers and/or business partners and in order to provide you with our services.
  2. The processing is necessary for compliance with a legal or regulatory obligation incumbent on us, for example under anti-money laundering (AML) legislation.
  3. The processing is based on our legitimate interests which in specific cases outweigh any possible prejudice to your rights and provided that specific conditions are met. We think for example of sending marketing communications to you as one of our existing or former customers. Due to the nature of the available data and the fact that you already use or have used similar services from us, we believe that any potential prejudice to your rights is very small, while we believe that the information provided may be of interest to you. Where we rely on this legal ground for processing, we will limit the effects this may have on your privacy by providing you with the opportunity to immediately and simply stop such processing.
  4. Sometimes the provision of personal data is necessary for the performance of services. For example, you cannot apply for one of the vacant positions without providing us with certain personal data. This seems logical to us, as otherwise we would not have enough information to consider your application.
  5. The processing is based on your consent. This consent is derived, among other things, from the voluntary and direct provision of your data to us, whether or not verbally, in writing or via an electronic web form/message. For example, if you subscribe to (one of) our newsletter(s), we will ask you to provide personal data. We use this data to keep you informed about our tasks, services and activities.

You may withdraw your consent at any time. If, for example, you no longer wish to receive newsletters or information about VDP’s services, you can unsubscribe at any time by clicking on this option, as indicated at the bottom of such e-mails.

What are the purposes for which we process your personal data?

We use your personal data for the purposes described below. We do not collect or process more or different types of data than those required for these purposes. Where we wish to process your personal data for a purpose other than that for which the personal data was obtained, we will contact you prior to the further processing of that data.

We collect your data for the following distinguishable purposes:

  1. Operational purposes: e.g. the optimization of our Website, to keep our services user-friendly, to answer your contact questions and requests.
  2. Business purposes: e.g. to manage relationships with our customers and business partners and to offer or provide our services to you, to inform you about our policies and services, to transfer customer data to business partners in order to provide the services, to invoice our customers for the services provided, to pay our business partners, to communicate with our employees and business partners about the provision of our services to you as our customer or our cooperation with you as our business partner;
  3. Commercial purposes: e.g. for sending marketing communications, for sending newsletters or to keep you informed about activities, projects, offers, events, promotions, etc. or for verifying your satisfaction as our customer or business partner;
  4. Legal or regulatory purposes: for example, for legal reasons and proceedings, to comply with laws and governmental orders, to satisfy our internal and external auditing requirements, information security or to protect or enforce our rights, privacy, security or property or those of any other person.

How long do we keep your data?

We will not retain your personal data any longer than is necessary for the purpose for which the data was collected or is processed.

Since the period for which the data can be retained depends on the purposes for which the data was collected, the storage period may vary in each situation. Sometimes specific legislation will oblige us to retain the data for a certain period of time. Terms of retention/storage established by specific legislation will always be complied with by us.

Security of your data

We commit ourselves to take reasonable, physical and appropriate technical and organizational (precautionary) measures to secure your personal data against loss or any form of unlawful processing.

In the event of a personal data breach, we will comply with all applicable reporting requirements relating to such breach.

What data do we pass on to third parties?

In general, we do not share your personal data with third parties, except with the employees who work for VDP and with the suppliers who help us process personal data; when we are obliged to do so by law or when it is necessary in connection with providing our services and optimizing them.

Where necessary, we use external service providers, so-called “processors”, who may carry out certain processing of personal data on our behalf. We will only share your personal data with these external service providers to the extent necessary for the respective purpose. The data may not be used by them for other purposes. In addition, these service providers are contractually bound to guarantee the confidentiality of your personal data by means of a so-called “processing agreement” concluded with these parties.

In all other cases, we will not sell, rent or transmit your personal data to third parties, unless we have obtained your explicit consent.

What data do we pass on to third countries?

VDP shall at no time provide personal data about you to third parties outside the European Economic Area (comprising the EU, Liechtenstein and Iceland). We will only pass on your personal data outside the EEA if you or your employer, as a client or as a supplier, have establishments outside the EEA with which we are required to communicate . Where such transfers take place, we will put in place safeguards to protect your data (e.g. by making agreements based on the European Commission’s standard contractual clauses).

What are your rights as a data subject?

As a data subject, you have various rights with regard to the personal data collected about you.

You have the following rights:

Right of access and copy: this gives you the possibility to ask us for information about the data we have about you, and you can also ask for a copy of these data. If necessary, you must let us know which processing operations you wish to be informed about;

Right to amendment or rectification: you have the right to ask us to amend the data we hold about you if you can prove that this data is ;

Right to erasure (right to be forgotten): you can ask us to delete your data if its processing is no longer necessary for the purposes for which it was collected, if its collection was unlawful or if you have successfully exercised your right to withdraw your consent or your right to object to the processing of your personal data;

Right to restriction of processing: you can ask us to restrict the processing of your data for the time we need to assess a request for rectification or your exercise of your right to object, or where the processing was unlawful but you prefer the restriction of processing to the erasure of your data;

Right to object: where we are processing your data for our legitimate interests, you have a right to object to this processing of your personal data. Where your request relates to direct marketing, we will approve your request immediately. Where your request relates to another legitimate interest, we will consider whether your objection sufficiently outweighs our interests to determine whether we will act on your request. If your interests outweigh our interests, we will cease processing your information;

Right to data portability: if we have collected your data on the basis of consent or if it was necessary for the execution of the contract concluded with us, you have the right to demand a copy in a structured, machine-readable format. This only applies to data you have provided to us.

If you wish to exercise any of these rights, please contact us at info@vdp.be.

When you submit a request to exercise your rights, VDP will first verify your identity by requesting a copy of your identity card. We do this to prevent your details ending up in the wrong hands.

The exercise of your rights is in principle free of charge. Where your request is manifestly unfounded or excessive, we may charge you a reasonable fee to reflect the administrative costs we have incurred. In the same case, however, we can also choose not to comply with your request. You will always be informed of the reasons for this.

In any event, we will inform you of the action taken on your request within a period of four weeks (in the case of simple requests) or three months (in the case of complex or multiple requests) at the latest.

What are your possibilities of complaint as a data subject?

Despite our efforts to protect your privacy and comply with the relevant legislation, you may not agree with the way in which we collect, use and/or process your personal data.

 

If you have a complaint about VDP processing your personal data, you can always contact us at the e-mail address mentioned in the first paragraph of this clause. If you are not satisfied with our answer, you can lodge a complaint with the competent data protection authority, i.e. the Belgian Data Protection Authority (https://www.gegevensbeschermingsautoriteit.be/burger/acties/klacht-indienen).

Final provision

This Privacy Statement is effective as of September 1, 2021.

VDP reserves the right to amend this Privacy Statement unilaterally.

Conflicts of Interests

Measures to avoid conflicts of interest

For VDP, integrity and confidentiality in the execution of its activities is of great importance in order to always be able to optimally and professionally serve the interests of its clients. In its activities, VDP deals with different parties whose interests may not always coincide and may even conflict with each other. VDP has therefore, in accordance with the applicable regulations and the principles of integrity and transparency, taken various measures to identify, manage and prevent such conflicts of interest throughout its organization and in its activities. This is also true in the context of the exercise of its multidisciplinary activities and in its relationship with its partners, thanks to a structurally separate operation and the application of the aforementioned principles.

AML Statement

Service provider to companies and Money Laundering Prevention legislation

VDP, as a “service provider to companies” (according to the Act of 29 March 2018 on the registration of service providers to companies), is subject to the money laundering prevention legislation (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 short the “Anti-Money Laundering Act” or “AML”) and is registered with the General Direction K.M.O Policy of the FOD Economy. For more information on this status and the associated obligations, please refer to: Registration of providers of company law services | FOD Economy (fgov.be).

 

In this respect, VDP must organize itself and provide its services in such a way that the risks described in the AML are identified, mitigated and managed.  Thus, among other things, VDP is required to identify Client, its principals and its ultimate beneficiaries (“UBOs”) and to request, verify and retain a number of documents in support of that identity.

VDP must request certain information from the Client prior to the performance of the Services. In other words, VDP cannot start or execute any assignment as long as the Client has not met these obligations.

This also applies to any change in respect of this information and documents (i.e. change in the articles of association, shareholding, management and/or representation of the company), failing which VDP may be forced to discontinue its services or terminate its activities.

In accordance with the law, VDP has also a general and permanent information and vigilance duty towards its clients (incl. their directors and other agents, shareholders and UBO’s) and in execution of its activities. Moreover, VDP has a reporting duty to the Financial Intelligence Processing Unit (CFI) in case of suspicion of money laundering or terrorist financing. In this respect VDP reserves the right to immediately end her activities.

Disclaimer

This is the website policy of VDP NV, with registered office at Congreslaan 21, 9000 GHENT, and with company number 0455.903.463 (hereinafter “VDP”). The website and its content are managed by VDP.

By visiting this website you accept the following without reservation. If you do not agree, please leave the website.

  • The use of the website does not create any legal partnership.
  • The information on this website is intended only to provide general information concerning the activities and services of VDP. The information is not adapted to personal or specific circumstances and can therefore not be regarded as professional, personal or legal advice for the user. VDP does not give any guarantee regarding the correctness or completeness of the information on the website.
  • VDP cannot be held liable for any damage caused by access to or (indirect) use of the information on the website.
  • The content of this website, including contact details, layout, copy rights, designs, logos, brand names, trade names, drawings, Internet domain names, texts, images, photographs, etc. are protected by intellectual property rights used by or owned by VDP. These intellectual property rights are in no way transferred to the user who has access to the website, and the user is not permitted to copy, transfer or distribute the content of the website.
  • VDP accepts no responsibility for any inaccuracies on the website. In such cases, or when certain information should not be available, VDP will rectify this as soon as possible. Should you discover any inaccuracies in the information on the website, VDP can always be contacted via info@vdp.be.
  • VDP gives no guarantees with regard to the proper functioning of the website and cannot be held liable in the event of the (temporary) non-functioning or incorrect functioning of the website. In any case, VDP is not responsible nor liable for the content or the website of any third parties to whom reference is made on its website.
  • Belgian law shall apply. All disputes with or arising from the use of the website shall be subject to the jurisdiction of the competent courts of the district of Ghent.