PRIVACY AND COOKIES STATEMENT of EDENS Advocaten (Edens)
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Edens is responsible for the administration of various personal data. A description of the personal data that is processed by Edens and the way in which this data is treated is provided below.
Edens reserves the right to unilaterally amend or extend this privacy statement. You are therefore advised to consult this statement on a regular basis.
1. Personal data processed by Edens
Edens processes personal data which has been provided to Edens by you as a (potential) client, relation, supplier, job applicant or counterparty to (a client of) Edens. Edens could potentially process personal data not provided by yourself, but which is required for the instigation, performance or substantiation of a legal claim. Only personal data that is sufficient, relevant and limited to what is necessary to achieve the intended objectives will be processed. Edens will not use the obtained personal data for any other purpose than for which it has been obtained.
It concerns the following personal data:
– contact details and other personal data necessary to handle your file/matter;
– contact details provided at acquisition meetings, introductions, seminars and other events;
– personal data made available through public sources or that have been obtained from the Trade Register’s Chamber of Commerce and from the land register; – personal data in relation to a job application, such as your contact details, date of birth, nationality, marital status and other information mentioned in or at your application.
Contact details are understood to mean:
– your first and last name;
– your telephone number;
– your address;
– your email address;
– your social service number;
– your gender;
– your nationality.
2. Grounds for processing
Edens will only process personal data if and insofar at least one of the following conditions is met:
a) the person involved has given permission to process his personal data for one or more specific purposes;
b) processing is necessary for the execution of an agreement to which the involved person is a party, or in order to take measures prior to the conclusion of an agreement, at the request of the involved person;
c) processing is necessary to fulfil a legal obligation of the person processing the data;
d) processing is necessary to protect the vital interests of the involved person or of another private person;
e) processing is necessary for the fulfilment of a task of general interest or of a task in relation to the performance of public authority delegated to the person processing the data;
f) processing is necessary for the representation of the legitimate interests of the person processing the data or of a third person, except when the interests or fundamental rights and freedoms of the involved party requiring the protection of the personal data outweigh those interests, in particular if the involved party is a minor.
3. Purpose of processing
Edens processes personal data for the purpose of the execution of the agreement under which you have ordered Edens to provide our legal services, or to facilitate the handling of insolvency proceedings in which one of our lawyers is appointed as liquidator/bankruptcy trustee. Depending on the content of your case/assignment, personal data and possibly personal data of other persons are processed for the benefit or handling your case/assignment (or the insolvency proceeding).
Furthermore, your data is used for the purpose of providing you with information, maintaining contacts (for example in relation to newsletters and invitations to events), sending invoices, applications and in relation to the fulfilment of legal obligations.
As soon as personal data is used for another purpose than for which it was obtained for, a new assessment of the legal grounds for such processing will be carried out. If such legal ground is lacking, permission will be requested (again).
It may occur in certain situations that Edens shares your personal data with third parties, for example because it is necessary for handling your case (for example in relation to legal proceedings). Personal data will not be shared with third parties for commercial purposes. It may, however, occur that contact details of attendees are exchanged at events.
4. Retention periods
Principally, personal data will not be retained any longer than necessary for the purpose of processing or to fulfil a legal obligation. When the applicable retention period has lapsed, the data concerned will be destroyed.
5. Rights of the involved person
Anyone is entitled to view, correct or delete his personal information. Furthermore, any person has the right to withdraw his permission for the processing of data or to object to the processing of his personal data by Edens. In addition thereto, anyone has the right to data portability. This means that you can submit a request to us to send your personal data processed by us in a computer file to you or to another organization, identified by you. Please note that Edens will have to verify in advance that such a request is indeed made by the person entitled to the data. Any request to view, correct, delete, transfer of your personal data or a request to withdraw your permission or any objection to the processing of your personal data can be sent to email@example.com.
For the sake of completeness, it must be noted that the right to have personal data deleted does not apply if processing is necessary for the instigation, execution or substantiation of a legal claim, or the handling of insolvency proceedings.
If you feel that Edens is not handling your personal data correctly, we request that you contact us. Of course, you may also file a complaint with the national regulator, the Authority for Personal Data (In Dutch: Autoriteit Persoonsgegevens).
6. Sending data abroad
In the event that personal data is sent abroad, it will be verified that there are sufficient guarantees that data is protected. Within the European Union, the level of data protection between member states is uniform. Therefore, whenever personal data is transferred to an organization within the EU (and the EEA), it suffices that the concerned organization meets the requirements of the GDPR. There are different rules for the transfer of personal data to countries outside of the EU. The principle rule applied by Edens is that personal data may only be sent to countries that apply an adequate level of protection.
7. Security of personal data
Edens takes the protection of personal data very seriously and takes suitable measures to prevent abuse, loss, unauthorized access, undesirable data disclosure and unauthorized changes. Aside from the technical measures (security of systems) this also means that Edens takes organizational measures, including informing its employees on the General Data Protection Regulation, subjecting all its employees to an obligation to respect confidentiality and striving towards a clean desk policy. The group of persons allowed access to the data is kept as limited as possible. If you are under the impression that your data is not protected properly, or you have reason to suspect abuse, please contact Edens.
8. Third party data processors
A processor within the meaning of the GDPR, when processing personal data, acts on the instruction of the person responsible for processing data, but he does not directly come under the authority of that person. Edens may make use of such third party data processors (such as, for example, our ICT service providers) in processing your personal data. In that case, Edens will conclude a processing agreement that ensures that the processing of data meets the legal requirements.
9. Contact details
The authority responsible for processing data is ED&S B.V. acting under the tradename EDENS Advocaten, Krijn Taconiskade 354, 1087 HW Amsterdam. You can reach us at +31 20 572 77 55 or by email at firstname.lastname@example.org. Your contact in relation to the GDP is Dirk Edens, email@example.com.