Privacy Statement

The purpose of this Privacy Statement from DingemansVanderKind (“DvdK”) is to inform you about how we handle your personal data and the personal data of third parties provided by you.

1. Contact details

DvdK is the controller and has its registered office at (1017 WS) Sarphatistraat 9 in Amsterdam. DvdK can be reached by telephone on +31 (0)20 344 64 54 and by email on secretariaat@dvdk.nl.

2. Who does this Privacy Statement apply to?

This Privacy Statement applies to all persons and all companies and/or institutions for which DvdK processes personal data, with the exception of persons employed by DvdK. This Privacy Statement therefore applies to: clients of DvdK, potential clients with whom DvdK has made contact or wishes to make contact, visitors to the DvdK website, recipients of newsletters and commercial emails of DvdK, and all other persons who contact DvdK or of whom DvdK processes personal data.

3. What personal data do we process?

We process all personal data that you have provided us about yourself or about third parties, personal data generated during your visit to our website and the reading of newsletters, and personal data that we have derived from other sources, such as business social media platforms.

Personal data provided by you:
– details and all other personal data that is necessary for the handling of your case and/or assignment by a lawyer or mediator
– contact details and other personal data entered into contact forms or other web forms
– contact details provided during introductory talks, events, seminars, etc., as stated on business cards

Personal data obtained from or generated by our website, electronic newsletters, commercial emails or related technologies:
– IP number
– your surfing behaviour on the website, such as data on the first visit, previous visit and current visit, the pages viewed and how the website is navigated
– whether you open a newsletter or commercial email and which parts of it you click on [Click here for our cookie statement]

Personal data obtained from other sources:
personal data available on public business social media platforms such as LinkedIn
personal data obtained from the Trade Register of the Chamber of Commerce and from the Land Registry
personal data available on public business websites

Our website may contain hyperlinks to websites of other parties and social media buttons. DvdK is not responsible for the content of those websites or the services of those social media platforms. Furthermore, DvdK is not responsible for the privacy policies and the use of cookies on those websites and social media platforms.

4. What do we use your personal data for?
We use your personal data for various purposes, namely:

4.1 The performance of an agreement in which you have engaged us to provide (legal) services by our lawyers or mediators.

If you request us to handle your case or engage a lawyer or mediator of DvdK, you will in any case be requested to provide your contact details and the personal data of the other party and/or parties involved. Other personal data may also be necessary for the handling of the case and/or engagement, depending on its nature. The data will also be used for invoicing the services provided.

4.2 Fulfilment of statutory obligations.

The Money Laundering and Terrorist Financing (Money Laundering) Prevention Act (WWFT) may in certain cases require lawyers to collect, record and retain certain information. This includes a copy of an identity document (passport). In addition, there are various other laws (including tax law and the Lawyers Act) under which we are obliged to process the personal data you provide.

4.3 Maintaining contact with you.

Your contact details are kept in our customer system and can be used for sending newsletters, updates, invitations to events such as seminars, and the sending of any information that you have requested from us.

4.4 Improving our services and executing possible targeted marketing actions.

We think it is important to be able to contact you with information that is relevant to you. To enable this, we combine the personal data available from our site and use it to determine which information and channels are relevant and which times are most suitable for providing information or establishing contact. In our marketing campaigns, we do not process any special personal data or confidential data that is protected by the professional duty of confidentiality applicable to lawyers and the rules of conduct for mediators. Sometimes we ask clients to participate in an evaluation of the services performed by means of an (online) questionnaire. You can, at any time, indicate that you do not want to be approached for marketing campaigns, seminars, newsletters, or that you do not want to participate in an evaluation. We will subsequently no longer approach you for these matters.

4.5 Improving and protecting our website www.dvdk.nl.

4.6 Creating user statistics.

The user statistics of the website enable us to get a picture of, among other things, the number of visitors, the duration of the visit, which parts of the website are viewed and the click behaviour. These are generic reports, without information about individuals. We use the information obtained to improve the website.

5. Legal grounds for the processing of data

We process personal data on the basis of one of the following legal grounds:

5.1 Consent.

If we have asked you to allow us to process your personal data and you have given us consent to do so. This consent may be evidenced by the fact that you submit a question to DvdK by email or otherwise. You are always entitled to withdraw your consent at any time.

5.2 On the basis of an agreement or in the run-up to the conclusion of an agreement.

If you instruct us verbally or in writing to provide legal or mediation services, we will process personal data if and to the extent that this is necessary for the performance of the assignment.

5.3 Statutory obligation.

The Money Laundering and Terrorist Financing (Money Laundering) Prevention Act (WWFT)may in certain cases require lawyers to collect, record and retain certain information. This includes a copy of an identity document (passport).

5.4 On grounds of a legitimate interest.

We may also process personal data if we have a legitimate interest and do not thereby disproportionately infringe upon your privacy. For example, we use your contact details to invite you to seminars and events.

6. Processors

In order to process the personal data provided by you, we make use of other service providers (processors) who exclusively process personal data on our behalf. For example, we work with an external ICT service provider which supports us in keeping our systems safe and stable. We conclude a processing agreement with these processors that meets the requirements set by the General Data Protection Regulation (GDPR). We also use third party services for sending newsletters and commercial emails.

7. Sharing personal data with third parties

Sometimes it is necessary to share your and/or your personal data with third parties in the context of the execution of an assignment. For example, when litigating against or corresponding with an opposing party, or when concluding an agreement in which several parties are involved. Examples of third parties are: UWV benefits agency, the Tax and Customs Administration, district courts, courts of appeal, the Supreme Court, arbitration institutes, mediators, lawyers and civil-law notaries. There are also statutory obligations that require the transfer of personal data to third parties. Furthermore, we will have to comply with a judicial decision that obliges us to provide personal data to third parties. In these cases, no processing agreement is concluded, as this concerns (independent) controller(s). Of course, DvdK will not provide any personal data to third parties if this is not necessary for the execution of the assignment or if there is no statutory obligation to do so.

Your personal data will not be shared with third parties for commercial purposes. There is one exception to this. Sometimes we work together with another organisation to plan a joint activity, such as an event or seminar. In this case, only the necessary contact details will be exchanged.

8. Transfer outside the European Economic Area (EEA)

It may sometimes be necessary to transfer your personal data to parties established outside the European Economic Area (EEA). Depending on the circumstances of the case, this may be required for the execution of an assignment by a lawyer or mediator or in the context of a legal action for which we provide you with legal support. We can also use service providers (processors) established outside the European Economic Area (EEA) for the sending of online newsletters and mailings and the processing of data entered in the web forms on our website.

 According to the GDPR, personal data may only be transferred to parties outside the EEA if an adequate level of protection of personal data is ensured or if a specific derogation applies.

9. Data breach

In the event of a (suspected) data breach, we will act in accordance with the GDPR and the Dutch legislation based thereon, without prejudice to our obligation to remedy or limit the consequences of such breaches as soon as possible. As lawyers are bound by a professional duty of confidentiality, we reserve the right to refuse our cooperation in making a report and/or providing (additional) information, in whole or in part.

10. Confidentiality

All persons employed by or working for DvdK are obliged to observe confidentiality and respect the confidentiality of any personal data that comes to their knowledge. We guarantee that all persons employed by or working for DvdK have signed a confidentiality agreement.

11. Protection

DvdK will demonstrably, appropriately and effectively take technical and organisational security measures which, in view of the current state of the art and the costs involved correspond to the nature of the personal data to be processed, in order to protect the personal data against loss, unauthorised access, mutilation or any form of unlawful processing, and to guarantee the (timely) availability of the data. DVDK will periodically review the security measures and, where necessary, improve these in order to continue to comply with its obligations under the GDPR.

12. Intellectual property law

To the extent that the (collection of) personal data is protected by any intellectual property right, you grant DvdK permission to use the personal data in the context of the performance of the assignment.

13. Questions about your personal data

Each person is entitled by law to exercise certain rights with regard to his or her personal data. If you have any questions about this, please contact us on +31 (0)20 344 64 54 or via secretariaat@dvdk.nl.

14. Complaints?

If you have any complaints about how we handle your personal data, please contact us by sending an email to secretariaat@dvdk.nl or by calling +31 (0)20 344 64 54. We will strive to find a solution with you. If that proves unsuccessful, you can contact the Dutch Data Protection Authority.

15. Changes

Developments are rapid and that is why changes may occur in the personal data that we ask of you or in the way we process your personal data. Regulations may also change over time. In that case, we will amend this Privacy Statement. We therefore invite you to check the Privacy Statement regularly so that you remain fully informed. In case of any major changes, we will also draw your attention to these via our website.

Amsterdam, 22 May 2018