HerikVerhulst N.V. privacy statement
HerikVerhulst is the controller in respect of your personal data. HerikVerhulst takes maximum care with your personal data and acts in accordance with the requirements laid down in the General Data Protection Regulation (GDPR) and the associated domestic Implementation Act. In this privacy statement we explain how we use your personal data. This statement is general in nature and it is possible that specific circumstances apply in your particular situation. If you have any questions in connection with this privacy statement, please contact your lawyer for further information. You can also submit your question using our office contact details, which are shown on our website.

HerikVerhulst contact details
HerikVerhulst N.V. is a public limited liability company (naamloze vennootschap) with its registered office in Rotterdam and is registered with the Chamber of Commerce under number 24452478. We can be contacted by phone at +31 (0)10-4100055 and by e-mail. Alternatively, you can fill in a contact form on our website. Or you can contact your lawyer directly.

How we use your personal data
We use your personal data and the personal data of third parties for various purposes:

• We are legally obliged to establish your identity (Section 1 of the Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financieren van terrorisme) and/or Article 7.1 of the Legal Profession Regulations (Verordening op de Advocatuur)).
• Your personal data are also needed for us to provide our services to you. The data concerned include your contact details, which we need to be able to communicate with you, and your address and financial details, which we need for billing purposes.
• In addition, depending on the details of the case, we process further personal data concerning yourself or other persons. This processing will also be undertaken for the purpose of implementing the contract for the provision of services concluded with you.
• This may involve us processing special personal data concerning yourself or others. In that case, we may process these personal data in the context of litigation, pursuant to your consent or on the basis of your legitimate interest as a client. Nevertheless, we are bound by our obligation of confidentiality.
• It should be noted that our obligation of confidentiality also precludes the obligation to notify indirectly involved persons or third parties about the processing of their personal data in a case (for this exemption, see Article 14(5)(d) of the GDPR).
• Given the wide diversity of cases that are dealt with by us, it is not possible to provide a comprehensively exhaustive list of all the purposes for which we process your personal data in this privacy statement.
• We also use your contact details for occasionally contacting you in connection with promotional activities and/or newsletters. We are careful to exercise restraint in doing so, and you may at all times indicate your wish not to be contacted for these purposes.
• If you fill in the ‘Service Evaluation’ form in connection with a matter in which you asked us to represent your interests, your data will be used to share the outcome of the evaluation with the lawyer acting on your behalf. Your personal data are then stored in your file.
  
  

Which data do we process concerning you? 

• your personal data and contact details (e.g. your first and last names, date and place of birth, your address, (mobile) phone number, email address and gender);
• financial details (e.g. your account number);
• data which are needed for the purpose of dealing with a matter or conducting a case, or for settling a dispute (e.g. details about the other party or parties, your employees or your clients);
• data to enable our lawyers, who have been appointed by a court to act as receiver, to deal with bankruptcies (e.g. data about the personnel of the bankrupt entity, the directors of the bankrupt entity and the bankrupt entity’s debtors and creditors);
• data relating to the financial aspects of a file, enabling payments to be made and enforcing monetary claims; and
• all other personal data that we obtain in connection with the performance of our work.
  
  

What ground(s) do we have for the processing of your personal data?

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

• for the performance of the contract;
• in connection with a legal obligation;
• in connection with a legitimate interest;
• pursuant to your consent.

Transfer of personal data
We transfer your personal data to other parties. Depending on the proceedings or the advice in question, the party/parties concerned is/are as follows:

• Our cloud service provider. The cloud service provider processes the personal data on our behalf and is the processor of these data.
• District Court/Court of Appeal/Supreme Court or other dispute resolution bodies (e.g. in case of arbitration and mediation) in connection with litigation, whether or not conducted digitally, or the external promotion otherwise of the resolution of a dispute or impending dispute. The body concerned is in that case the controller in respect of the submitted documents.
• Raad voor Rechtsbijstand (Legal Aid Board) in the event of an application for funded legal aid, in which case a separate form is completed providing you with further information about this transfer of personal data.
• The other party, or lawyer acting for the other party, (the recipient of copies of procedural documents and correspondence). A lawyer acts as the controller and is a separate recipient in each individual case. As we keep you, as our client, informed regarding all correspondence with the other party, you may inspect the personal data that are exchanged with the other party, or their lawyer, at all times.

Your personal data are, in principle, not transferred to countries outside the European Economic Area (EEA). EEA countries are all the EU Member States plus Liechtenstein, Norway and Iceland, unless the other party or our client is a party established or resident outside the EU.

How long we retain your data
We do not retain your data for any longer than is necessary for the purposes for which we process your data.

In connection with the enforcement of judgments and the statute of limitation for liability, including professional liability, we retain your personal data in principle for at least 5 years after closing your file, and for a maximum of 20 years. We may retain your file for longer if that is warranted by the matter or case concerned. Apart from certain exceptions, we will inform you in the event we intend to close your file.

Security

HerikVerhulst N.V. heeft passende technische en organisatorische maatregelen genomen om uw persoonsgegevens te beveiligen tegen ongeoorloofde of onrechtmatige verwerking van uw persoonsgegevens. Daarbij houden wij rekening met de stand van de techniek. Mocht u vragen hebben over de beveiliging van uw persoonsgegevens, of als u aanwijzingen hebt van misbruik, dan kunt u contact opnemen met ons. Zie daarvoor onze contactgegevens.

Your rights
You can submit a request for access to, rectification or restriction of, opposition to, portability of data, removal of your personal data or withdrawal of your consent to privacy@herikverhulst.nl. We may ask for a copy of your identity document in order to verify your identity. We may not be able to comply with your request in all cases, because of our statutory obligation of confidentiality or because we no longer process your personal data.

As a data subject you have the following rights:

• You have the right to request access to your personal data.
• You have the right to request the rectification of inaccurate personal data.
• You have the right to request that your personal data be erased.
• You have the right to request and receive your personal data so that you can transmit your personal data to another service provider (the right to data portability).
• If your personal data are processed on the basis of your consent, you have the right at all times to withdraw this consent. If your personal data are processed on another basis, in the context of providing you with legal advice, for example, or of proving or disproving liability, then your personal data will continue to be processed on this other ground.
• You have the right to lodge a complaint with the Autoriteit Persoonsgegevens (the Dutch Data Protection Authority) if you believe that your personal data are being incorrectly processed.

This privacy statement was last updated on 20 January 2020.