Freely translated from Dutch; the Dutch text being the official text in case of a doubt.
This information complies with the Law of 11/03/03 on certain legal aspects of information, the Law on services of 26/03/10 and the Law of 8/12/92 on privacy (protection of personal data).
1° Trade name and legal form
TCM BELGIUM nv/sa specializes in debt recovery and is incorporated as limited company (naamloze vennootschap / société anonyme) and trades with the name ‘TCM Belgium’.
2° Physical location and registered office
Ambachtenlaan 13 c, B-3001 Heverlee (Belgium)
3° General contact information in case of complaints or inquiries
4° Belgian central company database registration
Trade registration office: Leuven
Trade registration identification number: BE 0451 082 959
5° Identification number referred to in Article 50 of the Code of Value Added Tax
BE 0451 082 959
6° Legal Supervisory Administration
The Federal Public Service for Economy, SME, Middle class & Energy, Service Credit and Debt, North Gate III, Boulevard Roi Albert II, 16, 1000 Bruxelles.
TCM Belgium is listed with number 206525.
7° Professional title and the Member State in which it was granted
TCM Belgium nv/sa is listed – under number 206525 – as a debt-collector in compliance with the Royal Decree of 17/Feb/2005 regulating (a) the registration of entities processing amicable debt collection and (b) the guarantees that these people must have in Belgium (member-state).
8° The Professional Associations
TCM Belgium is a member of the Belgian Debt Collectors Association: ABR-BVI asbl-vzw, Chaussée de Marche 511, 5101 Erpent). ABR-BVI company registration number: BE 0451 264 388.
For more information, please refer to the website www.abrbvi.be.
TCM Belgium is a member of the TCM Group International, Ltd.
For more information, please refer to the website www.tcmgroup.com.
9° Professional rules and code of conduct
TCM Belgium adheres to the code of conduct of the Belgian Debt Collectors Association (ABR-BVI asbl-vzw) which you can find on the page “Ethics” of this website.
TCM Belgium is subject to the provisions of the Belgian Act of 20 Dec 2002 on the amicable recovery of consumers’ debts.
TCM Belgium adheres to the code of conduct of the TCM Group International, Ltd. (http://tcmgroup.com/about-us/fair-debt-collection-practices).
10° General Terms and Conditions
You can find the terms and conditions in every contract with our clients.
11° Applicable Law and jurisdiction
Unless otherwise specified, Belgian law is applicable to the contracts with TCM Belgium and the District Court of Leuven is exclusively competent.
12° Professional liability insurance
Axa Belgium SA, Boulevard du Souverain 25, 1170 Bruxelles, BCE 404.483.367
The insurance policy provides coverage in the following countries: EU and Switzerland.
13° GDPR and law of 8 Dec 1992 on the protection of privacy with respect to treatment of personal data
The Law grants the right to any party to access his personal data in the database. This party only needs to write to the TCM Belgium, enclosing a double-sided copy of his ID card. From the second request for consultation, TCM may request in advance the fee fixed by Royal Decree as a contribution to the administrative costs. Article 12 of the law and Article 16 of the GDPR also give you the possibility to request the rectification of included data.
Please refer to the code of conduct on the website of our professional association ABR-BVI.
PRIVATE LIFE: Information relating to Articles 13 and 14 of the GDPR (General Data Protection Regulation).
Controller identity: TCM BELGIUM, BE.0451.082.959, Ambachtenlaan 13C, 3001 Heverlee, Belgium, www.tcm.be.
Purposes and legal basis: The data are processed only if they are necessary for specific purposes. In the case of collection files, this concerns the data necessary to collect the claims, if necessary through insolvency proceedings or legal proceedings. Article 6(1)(b) of the GDPR stipulates that the processing of your data, which may be triggered by your non-payment, is necessary for the performance of your contract with the creditor. Another purpose of the data processing is the management of claims as specified in Article 6(1)(f) of the GDPR. The processing of data is therefore necessary to safeguard our legitimate interests and/or those of a third party, always in reasonable and proportional measures.
Categories and origin of data: We process your data in the following categories: basic personal data, communication data, contract data, claim data, payment data. The data of these categories are provided to us by the creditor or by another person responsible for processing these data.
Data Recipient: As part of the debt collection process, we will share the data with the creditor and other controllers or subcontractors for the sole purpose of collecting the debt: assignees, collectors, other service providers, courts, ministerial officers, lawyers. We may also have to share the data collected when required to do so by law (under the Consumer Credit Act, currently Book VII, Title 4, Chapter 1 CDE, and under the Amicable Debt Recovery Act).
Storage Period: Once payment of the claim has been made or the collection process has ended, we will retain your data for 10 years. Given that the limitation period under ordinary law is 10 years (Art. 2262bis CC) and that a file can still be contested or that it can still involve our professional liability until the expiry of this period, a maximum retention period of 10 years after the discharge of the claim, or after the end of the mandate, is applicable. However, considering the above paragraph, data subjects have the right to erase data if their retention is no longer necessary for the purposes for which they were collected, unlawfully processed or to comply with a legal obligation. Archived data has limited access.
Rights of the data subject: If the legal conditions are met, the following rights are granted to you in accordance with Articles 15 to 22 of the GDPR: right of access, rectification, deletion, restriction of processing and transfer of data. In addition, in accordance with Article 14(2)(c) in conjunction with Article 21 of the GDPR, you have the right to object to processing which is based on Article 6(1)(f) of the GDPR.
Right to complain to the supervisory authorities: In accordance with Article 77 of the GDPR, you have the right to complain to the supervisory authorities if there are valid reasons or indications that the processing is not carried out legally. The address of the supervisory authority responsible for our company is: Autorité de Protection des Données (APD), Rue de la Presse, 35, 1000 Brussels.