Pri­vacy State­ment

Giving legal context to the content of this website

Keep in mind

The HVG Law net­work (here­in­after referred to as: “HVG Law” or “we”), con­sist­ing of HVG Law LLP (hav­ing its registered office at Boom­pjes 258, 3011 XZ Rot­ter­dam (Cham­ber of Com­merce regis­tra­tion num­ber: 24433164)) and Donahue & Part­ners LLP (hav­ing its registered office at Times Square 5, 15th floor, NY 10036-6530 New York (Depart­ment of State ID: 2467542), attaches great import­ance to the pro­tec­tion of your pri­vacy and the con­fid­en­ti­al­ity of your per­son­al data. Pur­su­ant to applic­able data pro­tec­tion law, the rel­ev­ant entity of HVG Law who you have con­tact with qual­i­fies as the con­trol­ler with respect to the pro­cessing of your per­son­al data. This pri­vacy state­ment (here­in­after referred to as: “Pri­vacy State­ment”) explains which per­son­al data are col­lec­ted and pro­cessed, for what pur­poses this occurs, how long we retain these per­son­al data, what your rights are in this respect and how you can reach us. Below you will find an over­view of all sec­tions of this Pri­vacy State­ment.

  1. Pro­cessing of per­son­al data: cat­egor­ies, pur­poses and leg­al bases
  2. Reten­tion peri­ods
  3. Trans­fer of per­son­al data to third parties
  4. Secur­ity
  5. Third-party web­sites
  6. Your rights
  7. Cook­ie policy
  8. Changes to this Pri­vacy State­ment
  9. Ques­tions and con­tact details

1. Pro­cessing of per­son­al data: cat­egor­ies, pur­poses and leg­al bases 

Per­son­al data are data that can be used to identi­fy a per­son. HVG Law col­lects per­son­al data in vari­ous ways, for example when you use our leg­al ser­vices, order pub­lic­a­tions, apply for a job, ask ques­tions (via our web­site) and/or use oth­er ser­vices. The situ­ation in which HVG Law col­lects vari­ous types of per­son­al data, for which pur­poses and on the basis of which leg­al bases, is described below.

Cli­ents

HVG Law may col­lect and pro­cess the fol­low­ing cat­egor­ies of per­son­al data:

  • con­tact inform­a­tion: name (includ­ing pre­fix), title, pos­i­tion, tele­phone and fax num­ber, Cham­ber of Com­merce num­ber, web­site, email address, com­pany address, and oth­er com­pany and con­tact inform­a­tion;
  • cor­res­pond­ence and oth­er com­mu­nic­a­tions: pro­ced­ur­al doc­u­ments, let­ters, email mes­sages, tele­phone notes and oth­er com­mu­nic­a­tions;
  • engage­ment inform­a­tion: inform­a­tion about our ser­vices to our cli­ents, inform­a­tion regard­ing the con­tent of the engage­ment, fur­ther inform­a­tion provided to us for the bene­fit of our cli­ents or gen­er­ated by us dur­ing our ser­vices to them, bank account num­bers, pay­ment his­tory and inform­a­tion about mak­ing pay­ments and col­lect­ing receiv­ables; and
  • iden­ti­fic­a­tion and back­ground inform­a­tion: gender, date of birth, place of birth, details of your iden­tity doc­u­ment (such as iden­ti­fic­a­tion num­ber, photo, nation­al­ity, sig­na­ture, place of issue of your iden­tity doc­u­ment).

HVG Law pro­cesses the afore­men­tioned per­son­al data for the fol­low­ing pur­poses:

I. to make offers to cli­ents regard­ing the ser­vices we provide;

II. for the pro­vi­sion of ser­vices as agreed with cli­ents (includ­ing con­duct­ing (leg­al) pro­ceed­ings);

III. to facil­it­ate the shar­ing of doc­u­ment­a­tion between cli­ents and HVG Law (by means of iMan­age Share);

IV. for hand­ling com­plaints and/or feed­back;

V. to make pay­ments and col­lect receiv­ables;

VI. for a cli­ent accept­ance invest­ig­a­tion;

VII. to imple­ment applic­able legis­la­tion and reg­u­la­tions (includ­ing account­ing oblig­a­tions); and

VIII. to main­tain a busi­ness rela­tion­ship with our cli­ents, by send­ing news­let­ters, updates and ‘law alerts’ and/or to invite cli­ents to our events.

N.B. Please note that Ernst & Young Neder­land LLP is the con­trol­ler with regard to the use of the sur­veil­lance cam­er­as to secure our offices. More inform­a­tion on the use of the sur­veil­lance cam­er­as can be found in the ‘Privacy Statement Camera Surveillance’ and in the related ‘General Privacy Statement EY Nederland’

HVG Law pro­cesses the afore­men­tioned per­son­al data on the basis of the fol­low­ing leg­al bases:

  • the pro­cessing is neces­sary for the per­form­ance of an agree­ment to which our cli­ents are a party, or to take meas­ures at the request of our cli­ents pri­or to the con­clu­sion of an agree­ment (pur­poses I through V);
  • the pro­cessing is neces­sary in order to com­ply with a leg­al oblig­a­tion that rests with HVG Law (pur­poses VI and VII); and
  • the pro­cessing is neces­sary to pro­mote the legit­im­ate interests of HVG Law or of a third party (pur­poses VIII).


(Poten­tial) job applic­ants

HVG Law may col­lect and pro­cess the fol­low­ing cat­egor­ies of per­son­al data:

  • your con­tact inform­a­tion: name (includ­ing pre­fix), title, pos­i­tion, tele­phone num­ber, home address, (com­pany) email address, web­site and oth­er (com­pany and) con­tact inform­a­tion;
  • cor­res­pond­ence and oth­er com­mu­nic­a­tions: let­ters, email mes­sages, tele­phone notes and oth­er com­mu­nic­a­tions; and
  • fur­ther inform­a­tion related to recruit­ment (events): gender, date of birth, place of birth, CV and inform­a­tion on employ­ment his­tory, assess­ment res­ults, iden­tity data, capa­city test res­ults, diet­ary require­ments.

HVG Law pro­cesses the afore­men­tioned per­son­al data for the fol­low­ing pur­poses:

I. to assess to what extent the (poten­tial) job applic­ant is suit­able and to ini­ti­ate a job applic­a­tion pro­ced­ure; and

II. to invite (poten­tial) job applic­ants to our events and to have them par­ti­cip­ate in our events.

HVG Law pro­cesses the afore­men­tioned per­son­al data on the basis of the fol­low­ing leg­al bases:

  • the pro­cessing is neces­sary for the per­form­ance of an agree­ment to which a job applic­ant becomes a party (pur­pose I); and
  • the job applic­ant has con­sen­ted to the pro­cessing of his or her per­son­al data (pur­pose II).


Sup­pli­ers

HVG Law may col­lect and pro­cess the fol­low­ing cat­egor­ies of per­son­al data:

  • con­tact inform­a­tion: name (includ­ing pre­fix), title, pos­i­tion, tele­phone and fax num­ber, Cham­ber of Com­merce num­ber, web­site, VAT num­ber, email address, com­pany address, and oth­er com­pany and con­tact inform­a­tion;
  • cor­res­pond­ence and oth­er com­mu­nic­a­tions: let­ters, email mes­sages, tele­phone notes and oth­er com­mu­nic­a­tions; and
  • engage­ment inform­a­tion: inform­a­tion about the supplier’s ser­vices to us, bank account num­bers and inform­a­tion about mak­ing pay­ments.

HVG Law pro­cesses the afore­men­tioned per­son­al data for the fol­low­ing pur­poses:

I. to pur­chase goods and/or ser­vices;

II. to imple­ment applic­able legis­la­tion and reg­u­la­tions (includ­ing account­ing oblig­a­tions); and

III. to main­tain a busi­ness rela­tion­ship with our sup­pli­ers.

HVG Law pro­cesses the afore­men­tioned per­son­al data on the basis of the fol­low­ing leg­al bases:

  • the pro­cessing is neces­sary for the per­form­ance of an agree­ment to which our sup­pli­ers are a party, or to take meas­ures at the request of our sup­pli­ers pri­or to the con­clu­sion of an agree­ment (pur­pose I);
  • the pro­cessing is neces­sary in order to com­ply with a leg­al oblig­a­tion that rests with HVG Law (pur­pose II); and
  • the pro­cessing is neces­sary to pro­mote the legit­im­ate interests of HVG Law or a third party (pur­pose III).

Third parties

HVG Law may col­lect and pro­cess the fol­low­ing cat­egor­ies of per­son­al data:

  • con­tact inform­a­tion: name (includ­ing pre­fix), title, pos­i­tion, tele­phone and fax num­ber, Cham­ber of Com­merce num­ber, VAT num­ber, web­site, email address, com­pany address, and oth­er com­pany and con­tact inform­a­tion;
  • cor­res­pond­ence and oth­er com­mu­nic­a­tions: pro­ced­ur­al doc­u­ments, let­ters, email mes­sages, tele­phone notes and oth­er com­mu­nic­a­tions; and
  • oth­er inform­a­tion: data that we obtain from cli­ents or third parties or from pub­lic sources for the hand­ling of a case.

HVG Law pro­cesses the afore­men­tioned per­son­al data for the fol­low­ing pur­poses:

I. to com­mu­nic­ate with third parties; and

II. to offer and per­form our leg­al ser­vices to cli­ents.

HVG Law pro­cesses the afore­men­tioned per­son­al data on the basis of the fol­low­ing leg­al bases:

  • the pro­cessing is neces­sary to pro­mote the legit­im­ate interests of HVG Law or of a third party (pur­poses I and II).


Web­site users/visitors

  • HVG Law may col­lect and pro­cess the fol­low­ing cat­egor­ies of per­son­al data: con­tact inform­a­tion (for example, in case of news­let­ter regis­tra­tion): name (includ­ing pre­fix), title, pos­i­tion, tele­phone and fax num­ber, Cham­ber of Com­merce num­ber, VAT num­ber, web­site, email address, com­pany address, and oth­er com­pany and con­tact inform­a­tion;
  • cor­res­pond­ence and oth­er com­mu­nic­a­tions: let­ters, email mes­sages, tele­phone notes and oth­er com­mu­nic­a­tions;
  • tech­nic­al data of the equip­ment used to vis­it the web­site, such as IP address, MAC address and soft­ware used and, depend­ing on the cook­ie pref­er­ences set, the brows­ing beha­viour on our web­site, includ­ing mouse and click beha­viour and the dur­a­tion and time of the vis­it to the web­site; and
  • cook­ies: tech­nic­al cook­ies, func­tion­al cook­ies, mar­ket­ing and advert­ising cook­ies and track­ing cook­ies. For more inform­a­tion about cook­ies and our cook­ie policy, please refer to para­graph 7 of this Pri­vacy State­ment.

HVG Law pro­cesses the afore­men­tioned per­son­al data for the fol­low­ing pur­poses:

I. to provide rel­ev­ant inform­a­tion to our web­site vis­it­ors (includ­ing offer­ing news­let­ters, leg­al updates and updates regard­ing our events);

II. to com­mu­nic­ate with web­site users/visitors;

III. to enable the prop­er func­tion­ing of our web­site; and

HVG Law pro­cesses the afore­men­tioned per­son­al data on the basis of the fol­low­ing leg­al bases:

  • the pro­cessing is neces­sary to pro­mote the legit­im­ate interests of HVG Law or of a third party (pur­poses I through III).


2. Reten­tion peri­ods

HVG Law will not retain your per­son­al data for any longer than neces­sary for the pur­poses described above. In some cases, HVG Law is forced to com­ply with a leg­al oblig­a­tion, as a res­ult of which cer­tain per­son­al data must be retained for a longer peri­od of time. For example in the case of our stat­utory oblig­a­tion to keep records: cer­tain per­son­al data must be kept for a peri­od of at least 7 years after the end of a tax year. We may also need to retain some per­son­al data in our files for a longer peri­od of time if an (expec­ted) dis­pute or (leg­al) pro­ceed­ings are involved.

For more inform­a­tion about our reten­tion peri­ods, please con­tact us using the con­tact details men­tioned in para­graph 9 of this Pri­vacy State­ment.


3. Trans­fer of per­son­al data to third parties

If HVG Law uses the ser­vices of third parties with which it has a stra­tegic alli­ance and/or oth­er sup­pli­ers, HVG Law will – where neces­sary – also pass on your per­son­al data to these third parties. For example, HVG Law uses dif­fer­ent types of IT sup­pli­ers and Val­idata Group B.V. to assess if a job applic­ant is suit­able to work at HVG Law.

In order to provide you with our ser­vices in the best pos­sible way, you agree that your per­son­al data may be used in coun­tries out­side the European Uni­on and that your per­son­al data may be exchanged with third parties estab­lished in coun­tries out­side the European Uni­on engaged by HVG Law. HVG Law has taken extens­ive tech­nic­al and organ­isa­tion­al meas­ures to pro­tect your per­son­al data and will only dis­close these per­son­al data to third parties with sim­il­ar stand­ards of tech­nic­al and organ­isa­tion­al meas­ures. Please con­tact us using the con­tact details men­tioned in para­graph 9 of this Pri­vacy State­ment if you prefer receiv­ing the trans­fer mech­an­isms that are being used.

Under no cir­cum­stances will HVG Law provide your per­son­al data to third parties for com­mer­cial pur­poses. Only if HVG Law is leg­ally required to do so will HVG Law provide your per­son­al data to reg­u­lat­ory author­it­ies, tax author­it­ies and invest­ig­at­ive author­it­ies. In all cases, HVG Law will take appro­pri­ate meas­ures to ensure the con­fid­en­ti­al­ity and secur­ity of the data as much as pos­sible.

4. Secur­ity

HVG Law has taken appro­pri­ate tech­nic­al and organ­isa­tion­al meas­ures to pro­tect your per­son­al data against loss or any oth­er unau­thor­ised use. Those who have access to your per­son­al data on behalf of HVG Law have a duty of con­fid­en­ti­al­ity, includ­ing the oblig­a­tions pre­scribed by the applic­able code of con­duct and pro­fes­sion­al rules.

5. Third party web­sites

The HVG Law web­site may con­tain links to third-party web­sites and these third parties may col­lect inform­a­tion about you. HVG Law is not respons­ible for the con­tent or activ­it­ies on the web­sites of these third parties. We recom­mend that you con­sult the pri­vacy state­ments of these third parties.

6. Your rights

You have a num­ber of rights with regard to your per­son­al data and the pro­cessing there­of:

  • the right to a con­firm­a­tion from HVG Law that your per­son­al data are being pro­cessed or not, and in the event that they are pro­cessed, the right to access your per­son­al data and addi­tion­al inform­a­tion about the pro­cessing of your per­son­al data;
  • the right to rec­ti­fic­a­tion of your per­son­al data, for example if your per­son­al data are not accur­ate;
  • in cer­tain cases the right to request HVG Law to delete your per­son­al data;
  • in cer­tain cases, the right to a con­firm­a­tion from HVG Law of a restric­tion on the pro­cessing of your per­son­al data, for example because you con­test the accur­acy of your per­son­al data;
  • the right to receive, at your request, the per­son­al data that you have made avail­able to HVG Law in a struc­tured and com­monly used elec­tron­ic format and the right to trans­fer these per­son­al data to anoth­er con­trol­ler, where the pro­cessing is based on your con­sent or on an agree­ment;
  • the right to object to the pro­cessing of your per­son­al data on the basis of legit­im­ate interests of HVG Law. HVG Law will no longer pro­cess your per­son­al data unless HVG Law demon­strates com­pel­ling legit­im­ate grounds for the pro­cessing which over­ride your interests, rights and freedoms or when it is neces­sary for the estab­lish­ment, exer­cise or defence of a right in leg­al pro­ceed­ings;
  • when per­son­al data are pro­cessed for dir­ect mar­ket­ing pur­poses, you have the right to object at any time to the pro­cessing of your per­son­al data for mar­ket­ing pur­poses. In that case, HVG Law will no longer pro­cess your per­son­al data for such pur­poses;
  • the right not to have a decision based solely on auto­mat­ic pro­cessing includ­ing pro­fil­ing, which has leg­al con­sequences or affects you in a far-reach­ing way; and
  • the right to with­draw your con­sent at any time (if con­sent is the basis for the pro­cessing). With­draw­al of con­sent has no ret­ro­act­ive effect. This means that con­sent no longer applies from the time of with­draw­al.

These rights are not abso­lute. There may be cir­cum­stances in which HVG Law can­not (fully) imple­ment your request as a data sub­ject. This includes the con­fid­en­ti­al­ity oblig­a­tion of attor­neys. As regards requests for the dele­tion of per­son­al data, it should be taken into account that HVG Law will not grant such a request if it is incom­pat­ible with the man­dat­ory stat­utory reten­tion peri­ods of HVG Law.

If you wish to exer­cise any of the above rights, please con­tact us using the con­tact details men­tioned in para­graph 9. Please also con­tact us using the con­tact details men­tioned in para­graph 9 of this Pri­vacy State­ment if you prefer receiv­ing the bal­ance of interests made regard­ing the leg­al basis legit­im­ate interests in para­graph 1. The inform­a­tion provided will in prin­ciple be free of charge. You may exer­cise these rights at reas­on­able inter­vals.

We will respond to your request with­in one month, unless this is not pos­sible due to the com­plex­ity of your request or the num­ber of requests sub­mit­ted. In such a case, we will inform you no later than with­in one month and extend our peri­od to respond by a max­im­um of two months. If a request is gran­ted by HVG Law, HVG Law will imple­ment the decision to cor­rect, change, delete and/or trans­fer the per­son­al data as soon as pos­sible.

In addi­tion to the afore­men­tioned rights, if you are dis­sat­is­fied with the way in which we pro­cess your per­son­al data, handle your request or any oth­er com­plaint, you have the right to lodge a com­plaint with the Dutch Data Pro­tec­tion Author­ity (Autor­iteit Per­soonsgegevens; ‘AP’), at Prins Claus­laan 60, 2995 AJ The Hag­ue, the Neth­er­lands. For more inform­a­tion, please vis­it the AP web­site at https://autoriteitpersoonsgegevens.nl.

7. Cook­ie policy

A cook­ie is a small unit of inform­a­tion that is trans­mit­ted by your browser when you are on the HVG Law web­site. In some cases, HVG Law uses cook­ies to ensure that the use of the HVG Law web­site is as effi­cient as pos­sible. If you do not want HVG Law to use cook­ies with your browser, the set­tings on your browser can be adjus­ted so that the cook­ies are deac­tiv­ated. This may affect the ease of use of the HVG Law web­site.

The HVG Law web­site auto­mat­ic­ally gen­er­ates log files that record your use and that of oth­er users. HVG Law keeps records of user data, such as a source address of the pages reques­ted, IP (inter­net pro­tocol) addresses and domain names, dates and num­ber of requests for a page, links from their own web­sites and oth­er para­met­ers in the URLs (uni­ver­sal resource loc­at­ors). These log files and data will be used, on an anonym­ous basis, for stat­ist­ic­al pur­poses and for improv­ing the ser­vices offered by HVG Law.

For more inform­a­tion on our cook­ie policy, click here.

8. Changes to this Pri­vacy State­ment

We may update this Pri­vacy State­ment from time to time. We there­fore recom­mend that you con­sult it reg­u­larly so that you are aware of any changes.

9. Ques­tions and con­tact details

If you have any ques­tions about this Pri­vacy State­ment, how we pro­cess your per­son­al data or if you wish to sub­mit a request to exer­cise your rights as referred to above in point 6 of the Pri­vacy State­ment or if you have any oth­er pri­vacy related ques­tions, please con­tact the Data Pro­tec­tion Officer of HVG Law LLP Mrs S. Vermeer-de Jongh at [email protected] or by tele­phone +31 88 40 70103. You can also send a let­ter to HVG Law, for the atten­tion of Mrs S. Vermeer-de Jongh, Post­bus 2295, 3000 CG Rot­ter­dam. Our Data Pro­tec­tion Officer will be avail­able to invest­ig­ate your com­plaint and to inform you about how it will be dealt with.

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