Who is responsible for personal data?

BDW processes personal data to be able to offer services, to improve its services and to be able to communicate individually with you as a concerned party. As concerned party it is your choice to participate therein and, to that end, to enter your personal data. You can also subscribe to receive a newsletter or to receive other forms of communication from BDW. BDW is a controller as meant in the GDPR. BDW is located at Joan Muyskenweg 22, (1096 CJ) in Amsterdam. You may reach us through the e- mail address amsterdam@benninkdunin.com.

Why do we process personal data?

BDW only processes personal data for one or more of the purposes below:

·      providing legal services, including the implementation of an agreement and the conduct of (legal) proceedings;

·      collecting invoices;

·      advice, intermediation and referrals;

·      compliance withour legal and statutory obligations;

·      marketing and communication activities;

·      recruitment and selection (job application);

·      maintenance of contacts;

·      improving our provision of information;

·      improving and securing our office facilities, such as our website www.benninkdunin.com and extracting user statistics in relation to our website;

·      access control and security service of our firm;

·      setting up, exercising or substantiating a legal action.

Which personal data do we process?

BDW processesthe following (types or categories) of personal data:

·      contact details and other personal data required for dealing with a case, including financial and payment data;

·      contact details and other personal data completed on contact forms or web forms;

·      contact details and other personal data provided during visits to our office, deliberations, meetings, listed on business cards, etc.;

·      contact details and other personal data provided in the framework of a job application, employment agreement and/or potential participation in our recruitment activities;

·      data about your visit to and use of our website (click here for our cookie statement);

·      data about your presence at meetings and your interests;

·      personal data available on public websites and business social media platforms (for example, LinkedIn);

·      personal data obtained from the Trade Register of the Chamber of Commerce, the Land Registry or (other) public sources.

BDW processes the aforementioned personal data because you as a concerned party have provided it at your own initiative, it has been obtained in the framework of the services, it was made known to us by third parties, which include counterparties, or was made known through public sources.

What is the principle for processing personal data?

BDW processes  the personal data data listed above exclusively on the basis of one or more of the following principles:

·      permission obtained from relevant party/parties;

·      implementation of an agreement or prior to a possible conclusion of an agreement;

·      statutory obligation;

·      legitimate interest;

·      the data has apparently been made public by the concerned party/parties;

·      the data has been obtained pursuant to the Police Files Act (Wet politieregisters) or the Judicial Data and Criminal Records Act (Wet justitiële en strafrechtelijke gegevens);

·      the processing is required for establishment, exercising or substantiating a legal action/claim.

Sharing data with third parties

BDW only shares personal data with third parties insofar as required for its services and taking into account the aforementioned purposes for processing. This includes carrying out or commissioning an expert report or engaging another third party on behalf of and as commissioned by BDW (for example, an IT supplier). Personal data may also be shared in connection with (legal) proceedings or correspondence with a counterparty.

BDW enters into a processing contract with a third party that processes personal data as commissioned by BDW, by which that third party is also obliged to comply with the GDPR. Parties, engaged by BDW, who offer services as a controller are themselves responsible for compliance with the GDPR for the (further) processing of personal data. This could for instance be an auditor, civil-law notary or other third party who has been requested to draft an expert report.

BDW is, under certain circumstances, required by law to provide personal data to a third party, such as a regulator or another public authority.

Personal data will not be shared with third parties for the commercial purposes of only those third parties.

Transfer of personal data outside of the European Union

In order to be able to provide our services, it may in certain cases be necessary to share personal data with a party in a country outside of the European Union.

Security

BDW places great importance on the security and protection of personal data and ensures suitable technical and organisational measures, taking the state of play of technology into account, to safeguard the agreed level of security. If BDW makes use of services of third parties, such as an IT supplier, BDW shall make arrangements for adequate security measures in a processor contract for the protection of personal data.

Retention periods

BDW does not retain processed personal data any longer than required for the above-mentioned data processing purposes and no longer than required on the basis of laws and regulations.

Rights of the relevant party / parties

With respect to his/her personal data, a concerned party has the following rights:

·      the right to information;

·      the right of access;

·      the right to correction, addition or protection;

·      the right to be forgotten;

·      the right to restriction of processed personal data;

·      the right to data portability;

·      the right to object against processing of personal data;

·      the right to withdraw consent granted earlier.

A concerned party may send a request for access, correction, restriction, objection, transferability of data, removal of personal data or withdrawal of consent granted earlier to amsterdam@benninkdunin.com. A reply will be provided within 4 weeks.

To ensure that BDW is able to respond to such a request correctly, BDW will ask for verification from the applicant in the form of a copy of his/her valid passport, driving license or identity card with the photograph and social security number shielded. BDW will only process requests that are related to the personal data of the applicant.

There maybe circumstances due to which BDW cannot (fully) comply with a request made by a concerned party. This may be due to the obligation of legal secrecy of lawyers and legal retention periods.

If you feel that BDW is not handling your personal data correctly, we kindly ask that you contact us about this.

Amendment to privacy statement

BDW reserves the right to amend this privacy statement unilaterally. If there is a material amendment in the privacy policy, a clear notification will be published on the website. We advise you to consult the website regularly. The most up-to-date version of our privacy statement can be found at here.

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Contact details

For questions and/or remarks about processing personal data and this privacy statement, please contact:

Bennink Dunin-Wasowicz B.V.

Joan Muyskenweg 22

1096 CJ AMSTERDAM

amsterdam@benninkdunin.com