Privacy Statement

Wintertaling Privacy Statement

(Version May 2020)

This privacy statement contains information about how our law firm processes your personal data.

Wintertaling coöperatie u.a. (Wintertaling) ensures that your information will be handled with care. Wintertaling respects the privacy of individuals and is committed to its obligations under the General Data Protection Regulation of the European Union (GDPR). We encourage you to read this statement carefully and contact Wintertaling if you have any questions or concerns about your privacy practices. The contact details of our data controller can be found below.

 

Content of this privacy statement

  1. Applicability
  2. Which data will be processed?
  3. For what purposes we collect your data?
  4. The legal basis
  5. What is our storage period?
  6. How do we collect your personal data?
  7. Who has access to your data and with whom do we share this data?
  8. The security of your data
  9. Your rights under the GDPR
  10. Contact details

 

  1. Applicability

This privacy statement is applicable on everybody who visits our website or on those from which Wintertaling receives their information, in the context of our services. For example: clients, professional relations, those who receive our newsletters, visitors of our website or the ones who contact Wintertaling.

 

  1. Which data will be processed?
  • All personal data which you provide to Wintertaling;
  • Personal data which you provide to us directly through our website or;
  • Any other personal information that may be required in order to facilitate your dealings with us.
  1. Purposes

Wintertaling collects personal information about individuals for the following purposes:

  • Carrying out legal assignments, legal assistance in procedures or transactions, the drafting of notarial deeds or any other legal services;
  • To comply with our legal obligations;
  • To develop and improve our services to you, such as conducting our events and activities, extending and processing invitations to attend or participate in our events and activities;
  • To inform you about legal developments;
  • To invoice services which are provided to you;
  • For our internal administration purpose;
  • To secure and improve our website;
  • Staff administration;
  • Financial administration;
  • Recruitment or
  • Purposes for which you explicitly gave us your permission.

Your personal data will not be processed for any other purpose without your permission.

  1. The legal basis

Wintertaling will only process your data if this is allowed for processing based on the General Data Protection Regulation, the legal bases for processing are:

  • The processing of your personal data is necessary for the execution of an agreement to which you are a party or in order to take steps at the request of the data subject prior to entering into a contract;
  • Based on your permission;
  • Based on a statutory duty, the processing is necessary for compliance with a legal obligation.

 

Wintertaling may process your personal data if we have a legitimate interest and do not constitute a disproportionate invasion of your privacy. For example we use personal data to get in touch with you, when you approach us yourself. If Wintertaling obtains your e-mail address by providing services, we can offer you similar services.

 

  1. The storage period of your personal data

On the basis of the General Data Protection Regulation we may not keep your data longer than necessary for the purpose of processing.

  • For data provided to the lawyers, your data is kept for at least 7 years and in some cases 20 years. The basis for this is, the minimum legal standard and the maximum legal or contractual liability period that follows from your file (liability of you towards third parties) and from our services (liability of us towards you or third parties). For information provided to the notarial profession, we have a statutory obligation to keep your data forever.
  • With regard to the personnel administration, the following applies: 2 years after the end of the calendar year in which the employment ended, unless longer-term reimbursement scheme in relation to study costs. If there is a legal dispute, this period is 2 years after the decision has become irrevocable. For identification and payroll tax declaration this term is 5 years after the end of the calendar year after the end of the employment.
  • The collection and use of data for the financial administration has a storage period of 7 years.
  • The collection and use of information by means of forwarding, concerning payroll administration has a storage period of 7 years.
  • The collection of application data has a storage period of: in case of non-employment Wintertaling will store this data for a maximum of 4 weeks after it has become clear that the position has been fulfilled. After permission from the person concerned, this data can be kept longer. For example for a future appropriate function.
  • For all other purposes, your data will not be stored longer than it is necessary for the purpose of the processing.

 

  1. How do we collect your personal data?
  • Whenever you provide your personal information to us. Like whenever you are or will become our client, or when you sign up for newsletters or events.
  • Wintertaling can obtain personal information from third parties. Such as personal data obtained from the Trade Register of the Chamber of Commerce and from the Land Registry, or personal data available on public websites and social media (LinkedIn).
  • In addition, Wintertaling obtains data that has been entered on contact and web forms.

 

  1. Who has access to your personal data?

Wintertaling only provides personal information to third parties if this is legally required, we have received your permission or if this ensues from the contract of engagement that we conclude with you in order to carry out our services. We also engage third parties that process personal data in our assignment. For example, the supplier of IT services and products that we use in the execution of our work. We can only engage third parties if this fits the purpose for which we have processed your personal data. In addition, third parties can only receive our order if they have taken appropriate security measures.

 

In the context of your assignment, in the interests of compliance with our legal obligations and in the interests of our organization, Wintertaling may provide personal information to, among others, the following recipients:

 

– Our staff; lawyers, (junior) civil-law notaries, support and student trainees;

– Our technical service provider (Xinno B.V.);

– Providers of software, IT services and products, SaaS products or similar applications to

support our practice. We work with: Van Brug Software B.V., Tentoo, BASENET INTERNET

PROJECTS B.V., Fidura Software and Prewest ICT B.V.;

– Koninklijke Notariële Beroepsorganisatie;

– Dutch Bar Association;

– Belastingdienst (Tax and Customs Administration);

– Registrars, such as the land register;

– Banks;

– Lawyers;

– Notaries;

– Bailiffs;

– Couriers;

– Brokers;

– Mortgage Advisors;

– Judicial authorities;

– Accountants or other advisors;

– Associations of owners and administrators;

– Your reciprocal or contracting party(ies).

 

Personal data will not be transferred by our office outside the EU or to an international organization without your permission, without observing the legal safeguards and taking any necessary measures.

 

  1. The security of personal data

Wintertaling will make every effort to take appropriate technical and organizational security measures to protect the loss, misuse and alteration of your personal data.

 

  1. Your rights

If your personal data are processed by our office, there are rights based on the General Data Protection Ordinance you can use.

You can do this by making a (preferably written) request via the contact details in this privacy statement. Before we grant your request, we will first identify you on the basis of a valid proof of identity. Wintertaling will only process requests that relate to your own personal data.

 

Right of information and notification

In order to ensure the transparency of the processing of personal data, you may request access to the personal data we process about you. You will be informed of any rectification or erasure of your personal data or limitation of the processing, unless this proves impossible or requires a disproportionate effort.

 

Right of objection
You have the right to object to our data processing.

 

Right of recall of approval
If you have been asked for permission for a particular processing operation, you are entitled to revoke this permission at any time.

 

Right of access of the used data
You can ask which personal data our office processes, for what purpose and for how long they are stored. There may be a legal basis that prevents us from responding to your request, we will assess this and inform you accordingly.

 

Right of rectification
If you believe that certain data has not been processed correctly, you have the right to request rectification of this data. If this concerns data in a notarial deed, this is not possible. In the case of a notarial deed, a new deed will have to be drawn up to supplement the incorrect deed.

 

Right of data erasure (right to ‘oblivion’)
If you would like your personal data to be deleted, you can submit a request. We will process this request and inform you of our decision. If the data are contained in a procedural document, a notarial deed or any other existing document, the notary may not remove them.

 

Right of restriction of the processing
If you wish to limit the processing of personal data by our office (pending rectification of your personal data requested by you, objection to processing or because you do not wish data to be deleted despite the fact that the processing is unlawful), you can submit a request.

 

Right of transferability of data
If your personal data are not processed for a notarial deed and you wish to transfer the personal data to another service provider, you can submit a request. Incidentally, such a transfer is not always possible, as legal notarial or other obligations will not give permission.

 

Right not to be subjected by automated individual decision making, including profiling

Unless it is necessary for the conclusion or execution of a contract or if you have given your consent, you have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal consequences for you.

Possible restrictions on the exercise of your rights under the General Data Protection Regulation

Our office makes every effort to comply with your rights on the basis of the General Data Protection Regulation. However, these rights may conflict with other legal provisions such as the Notary’s Act or there may be an exception from the General Data Protection Regulation. If for this reason we are unable to comply with one of the aforementioned requests, you will be informed of this in writing.

 

  1. Contact details

Name office:     Wintertaling

Address:          Antonio Vivaldistraat 66

Zip code / City: 1083 HP Amsterdam

Contact Person: Edo Smid

E-mail address: l.bont@wintertaling.nl

Website:           www.wintertaling.nl

Complaints about the processing of your personal data by our office

If you have any complaints about the processing of personal data by our office, please let us know via Edo Smid, l.bont@wintertaling.nl. You also have the right to submit a complaint to the supervisor, the Personal Data Authority. You can do this on the website: www.autoriteitpersoonsgegevens.nl.

Amendments to the privacy statement

This privacy statement may be changed at any time by us without further notice. A modified privacy statement will be provided with a ‘version date’ and then published on our website.

Amsterdam, May 2020