Privacy
General policy
By registering a domain name and as a result accepting the general terms and conditions for .be domain name registrations, the domain name holder grants DNS BE permission to process personal details and other data required for managing the .be domain name zone and the services associated with it. DNS BE treats this personal data with the utmost care and processes it only as a function of the services related to domain name registration and management.
How do your details come into the possession of DNS BE?
The data comes into DNS BE’s possession because the registrar is required to pass on certain details when registering a .be domain name. These include the name, address and e-mail address of the person holding the domain name in question. These are the details that you gave to the registrar when you first made contact for the purpose of registering the domain name you wanted. The registrar is then required to fill in or pass on this information as part of the actual registration process (this is done via a technical transaction).
Who has access to your data and how is it processed?
Only qualified DNS BE staff and DNS BE registrars have access to this data. Under normal circumstances, no third parties have direct access to the data stored at DNS BE. However, DNS BE does reserve the right to allow certain government institutions direct or indirect access to the data assuming the necessary legitimacy and ID can be established. This, for example, would enable DNS BE to provide the police services access to the data, on condition that they are acting as part of a legal assignment to trace and prosecute criminal activities.
The processing of data is carried out solely as a function of the services provided by DNS BE in relation to the registration and management of domain names. Consequently, for instance, your details can be checked and processed by DNS BE staff if you wish to transfer your domain name to another registrar or if you want to transfer the name to another holder. It also means your details can be checked and you can be contacted by DNS BE in the event of a third party lodging a complaint in relation to the domain name registered by you (for example if the details are not sufficiently clear or are incorrect).
Will DNS BE pass on your details to third parties?
DNS BE is not a commercial entity and will not use your data for commercial purposes to pass it on to third parties, whether or not they are trading partners of DNS BE, and whether or not they have specifically asked for them.
DNS BE will only pass on data to third parties in the following instances:
- if there is a properly based request from a government agency (local or federal, judicial or administrative);
- at the request of the dispute settlement body in the context of an alternative dispute resolution procedure (ADR);
- via what is known as the “WHOIS” search function at the DNS BE website;
- at the specific request of an interested party and after prior assessment has been carried out by the DNS BE legal department (see below).
DNS BE has applied additional safeguards to the privacy of individual domain name holders since 1st March 2008 and, in the event of a request via the WHOIS search function, will only disclose the e-mail address and chosen language of the domain name holder for the purpose of resolving disputes.
For domain names belonging to businesses and organisations, the WHOIS search function will still provide the name of the organisation and the person to contact, as well as the address, telephone and fax number, e-mail address and chosen language for settling disputes.
Requesting specific personal data
Because strengthening the privacy safeguards may also lead to deliberate misuse, DNS BE has put a procedure in place whereby the personal details of a private domain name holder can be requested and retrieved (for example as part of the lodgement procedure of legal or court proceedings).
Third parties wishing to gain access to the personal details of a private domain name holder are required to complete the application form below and submit it to the DNS BE legal department (by post, fax or e-mail).
When completing this application, the person/party making the request must:
- state and back up the legitimate reasons for making the application;
- make a declaration of surrender in which the person/party undertakes not to use the personal data being requested for purposes other than those stated on the application form (and/or those purposes stated in any documents attached);
- state their full name and address (including e-mail address, telephone and fax number and, if it is a legal entity, the company registration number).
The legal department at DNS BE will examine and assess every application in detail. If the application is evaluated positively, the data requested will then be passed on to the party applying for it.
How can I amend incorrect data (or have it amended)?
If you move, change your Internet provider (and hence your e-mail address), or if your organisation or company changes its name, etc. you most probably will not think immediately about the consequences that these changes will have on your domain name. In practical terms, however, it means that the details you gave when registering your domain name are no longer correct. The consequences of this are that from a legal and technical point of view, you are no longer complying with DNS BE’s general terms and conditions, and (theoretically at least) you run the risk of losing your domain name. This can lead to all sorts of practical problems, not least of which is the fact that you are no longer able to confirm a transfer online if your e-mail address is no longer correct (because, of course, DNS BE will send an e-mail with the transfer confirmation link to the address that is currently in our database).
The best way of avoiding this type of problem is to keep your details up to date. It is important for you to understand that any changes cannot be carried out directly by DNS BE. You need to pass on changes to your personal details to the registrar managing your domain name at that particular time. The registrar will then adjust your details for you and ensure that these changes are recorded in the DNS BE database. And when you think about it, this is also the most logical approach to take, because if you only notify DNS BE of the changes, you will have to inform your registrar later anyway, otherwise you run the risk of your registrar not being able to contact you (for example to send you your annual renewal notice) and so you could possibly lose your domain name.
Could my personal details end up at DNS BE in any other way?
Apart from registering domain names, there are also other ways that you could come into contact with DNS BE. The main ones are summarised below.
- You send an e-mail to one of DNS BE’s departments with a request for information, to report a problem, make a complaint or something else.
Your e-mail message is stored by DNS BE and may contain personal details up to a certain level (name, e-mail address). The only reason DNS BE keeps e-mail messages is to ensure that whatever they contain is dealt with smoothly; it does not process this data further in any way. - You fill in the “WHOIS” complaint form and include a number of personal details in doing so (name, address, e-mail address, telephone number, etc.).
DNS BE collects this data for one reason only: to be able to contact you as part of dealing with the facts/complaints stated. Asking you to provide a number of personal details is also part of our duty of care to prevent baseless, anonymous complaints as much as possible. This data is also stored by DNS BE, but is not processed any further in any way. DNS BE also does not pass your details on to anyone – for example to the person against whom the complaint has been made. - You ask for the personal details of an individual domain name holder and in the process of filling in the standard form to do so, you also provide a number of your own personal details (see above).
DNS BE collects this data for one reason only: to be able to contact you as part of dealing with your request. Asking you to provide a number of personal details is also part of our duty of care to prevent baseless, anonymous complaints as much as possible. This data is also stored by DNS BE, but is not processed any further in any way. DNS BE also does not pass your details on to anyone – for example to the person about whom you have requested the information.
