Privacy statement AVG
PRIVACY STATEMENT SMEETS GIJBELS B.V.
(recently updated on 22 mei 2018)
Smeets Gijbels B.V. (SG) is responsible for the administration of various personal data. A description of which personal data are processed and how SG handles them is provided below.
This privacy statement was most recently updated on 22 May 2018. SG reserves the right to unilaterally amend this statement or to add to it. You are therefore advised to consult this privacy statement on a regular basis. In the event of significant changes to SG's policy with respect to privacy, a clear notification will be posted on our website.
In addition to this privacy statement, SG also refers to its cookie statement.
1. Personal data processed by SG
SG processes personal data which have been provided to SG by you as a visitor to the SG website (www.smeetsgijbels.com), as an applicant or as a (potential) client, relation, supplier or counterparty to SG. SG could furthermore possibly process personal data not provided by yourself, but which are required for the instigation, performance or substantiation of a legal claim. Only personal data that are sufficient, relevant and are limited to what is necessary to achieve the intended objectives will be processed. SG will not use the obtained personal data for any other purpose than for which they are obtained.
It concerns the following personal data:
- contact details and other personal data necessary to handle your or a file / matter;
- contact details as filled out on the SG website;
- 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 an 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 address;
- your telephone number;
- your email address;
- your social service number;
- your gender;
- your nationality.
2. Grounds for processing
SG 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
SG processes personal data for the purpose of the execution of the agreement under which you have ordered SG to provide our legal services. Depending on the content of your assignment / case, personal data and possibly personal data of other persons are processed for the benefit or handling your case/assignment. Your data is furthermore 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 are used for another purpose than what they were 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 SG 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 be the case 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 concerned data will be destroyed.
5. Rights of the involved person
Anyone is entitled to view, correct or delete his personal information. Aside from that, 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 SG. 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 SG will have to verify in advance that such a request is indeed made by the involved person.
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 firstname.lastname@example.org
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.
If you feel that SG 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 ("Autoriteit Persoonsgegevens").
6. Sending data abroad
In the event that personal data are sent abroad, it will be verified that there are sufficient guarantees within the framework of the protection of personal data. Within the European Union, the level of data protection is equal. Therefore, whenever personal data are transferred to an organization within the EU (and the EEA), it suffices that the concerned organization meets the requirements of the AVG. There are different rules for the transfer of personal data to countries outside of the EU. The principle rule applied by SG is that personal data may only be sent to countries that apply an adequate level of protection.
7. Security of personal data
SG 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 SG takes organizational measures, including informing its employees on the AVG (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 having access to the data is kept as limited as possible.
If you have the impression that your data are not protected properly, or you have reason to suspect abuse, please contact SG.
A processor within the meaning of the AVG, 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. SG may make use of processors (such as, for example, our ICT service providers) in processing your personal data. In that case, SG will conclude a processing agreement that meets the legal requirements.
9. Contact details
The authority responsible for processing data is Smeets Gijbels B.V., established at the Westersingel 84, 3015 LC Rotterdam and at the Jacob Obrechtstraat 70, 1071 KP Amsterdam. You can reach us at 010-2666666 and 020-5747722 or by email at email@example.com. Your contact in relation to the AVG is Mrs. M. van Leeuwen-van Vliet.