Personal data protection declaration – privacy – GDPR

Collection management includes the following processes:

• Debt collection management: Save debtors’ data and their claims communicated by the customers and proceed to the recovery of these claims.
• Printing and mailing letters to debtors: Communication of letters to a service provider responsible for printing, and mailing.
• Management of debtors’ home visits: Organize visits and visit debtors to support them in understanding their claims and promote a smooth recovery of their debts.
• Transfer the claim to an attorney at law in the event of the client’s decision to sue: Provide a lawyer with access to the debtor’s data and his file when prosecution is required by the client.
• International claims management: Record debtors’ data and their claims communicated by foreign customers (via TCM Group) and proceed to the recovery of these claims. Communicate foreign debtors’ data and their claims (via TCM Group) to debt collection companies active in these foreign countries.
• Client reporting: Provide the client with a recovery process situation.
• Hosting of the CMS application: Host the receivables management application and its database, the attached files, as well as the backups.
• Use of cookies by the CMS application:
  

  Name:	TS01e46ae7
  Description:	This cookie is issued by our firewall to verify that cookies sent from our server to your computer are not modified in a malicious way, for example in a process of identity theft.
  Lifespan:	600 second
  Issuer:	cmsonline.tcm.be
  Category:	Functional (strictly necessary)

• Generation of statistics: Querying the receivables database for statistical and reporting purposes.

2.1.1. Legal basis

TCM Belgium processes debtor’s personal data based on its legitimate interest (GDPR article 6f), because it collects the debts entrusted by its client. As a creditor, the client of TCM Belgium also has a legitimate interest in recovering his claim.

TCM Belgium ensures that the appropriate guarantees are put in place to respect the balancing of the interests of the parties (the debtor, TCM, the creditor).

2.1.2. Categories of persons concerned

The people affected by these processes are debtors.

2.1.3. Data categories

For debtors, we process the following categories of data:

• Identification data
• Data relating to their claims (contract)
• Data relating to the payment (s)
• Letters and information exchanged with debtors

TCM Belgium does not perform debtor profiling.

2.1.4. Origin of data

Identification data – data relating to the receivables concerned by the recoveries, as well as data relating to the payments possibly already made are provided to TCM Belgium by the creditor. When the debtor has not updated his contact data (such as a new postal address) with the creditor as he is bound to do, TCM Belgium requests such data from authorized third parties (eg: public authorities).

TCM Belgium generates new data relating to debtors thanks to the contacts that TCM has with the debtor.

TCM Belgium does not communicate personal data to anyone other than the recipients mentioned below.

2.1.5. Data recipients

To provide its service, TCM Belgium:

• Shares data with the creditor and other controllers or processors for the sole purpose of collecting the debt: assignees, collection agents, other service providers, courts, ministerial officers, lawyers.
• Shares data with its application development service provider and collection management tools. Data processing takes place within the European Union.
• Uses the services of a provider of hosting services for the application and IT tools. Data is stored within the European Union.
• Shares data with Belgian or foreign subcontractors according to the needs of debt management. Data transfers outside the European Union are based on standard contractual clauses when the country to which the data is transferred does not offer adequate protection as required by GDPR.

2.1.6. Storage periods

While stored, data is hosted within the European Union.

All data used to identify the debtor is kept for a maximum of 10 years after the discharge of the debt or the end of the mandate. This period corresponds to the limitation period of ordinary law (art. 2262bis Civil Code).

TCM Belgium has taken internal technical and organizational measures, as well as measures with its subcontractors, to ensure that there is no longer any backup file, or e-mail containing information on debtors beyond 10 years.

Taking into account the above paragraph, data subjects have the right to require deletion of their personal data if retention of such data is no longer necessary with regard to the purposes for which they were collected, if they have been the subject of unlawful processing or to comply with a legal obligation. Archived data has limited access.

In accordance with the General Data Protection Regulations in Europe (EU Regulation 2016/679), you have the right obtain access to and rectification of your personal data, and if the legal conditions allow it, erasure of personal data.

Data subjects have the right to object, for legitimate reasons, to the processing of their data, unless the processing meets a legal obligation.

TCM Belgium is at your disposal to examine your requests with you; please contact us by email at privacy@tcm.be.  We will get back to you within one month.