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Privacy statement

| Publication date: November 9, 2018

TK respects your privacy and treats your personal data with care. In this privacy statement we explain what personal data TK processes and for what purpose. We advise you to read this statement carefully.

TeekensKarstens advocaten notarissen (TK) comprises TeekensKarstens advocaten B.V. (Chamber of Commerce in the Netherlands No. 27356963) and TeekensKarstens Notarissen B.V. (Chamber of Commerce in the Netherlands No. 27316711) and is located at Vondellaan 51 in (2332 AA) Leiden. TK respects your privacy and treats your personal data with care. In this privacy statement we explain what personal data TK processes and for what purpose. We advise you to read this statement carefully.

General

As a basic rule, TK only processes personal data because you use our services, to perform its statutory duties and meet its statutory obligations or because you have provided it to us yourself. If you make use of our services, TK may receive your personal data from another party (such as from public registers, the Personal Records Database (Basisregistratie Personen, BRP), from a broker or other adviser in connection with a purchase agreement to which you are one of the parties, an accountant or other adviser, a donor, a counterparty or third parties who actively disclose it to us in the context of their services). When processing personal data, TK complies with the requirements of privacy legislation.

Personal data

Depending on the services you use, the personal data that TK processes is your name and address, your sex, your date and place of birth, your marital status, your email address, your telephone number, your job title, your bank account number, the personal data of your family members or relatives. If necessary, TK also processes sensitive and special personal data such as your citizen service number (BSN), your identity document, health data, information about your personal beliefs and data relating to trade union membership. TK may also process other data if necessary in the context of its services or other stated processing purposes. The legal division and the notarial division also have the legal obligation to verify your details, e.g. during the check pursuant to the Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financieren van terrorisme, Wwft) or to authenticate your signature.

Legal grounds

Personal data is processed on the following grounds:

  • necessity for the performance of a contract;
    If you do not provide the requested personal data, it is possible that TK will be unable to perform its services.
  • protecting a legitimate interest of TK or a third party;
  • necessity of TK to comply with a legal obligation;
  • your consent.

If you have given your consent for the processing of certain personal data and want to withdraw your consent, you can do so by contacting Ewout Jansen on +31 (0)71-5358000 or via jansen@tk.nl (notarial division) or Henny Ören-Krassenburg on +31( 0)71-5358000 or via privacy@tk.nl (legal division).

Purposes

TK processes personal data primarily in the context of its legal and notarial services. TK also processes your personal data for marketing and communication purposes in order to inform you about relevant products and services via the website and online mailings. Your personal data may also be used to inform you about interesting legal news and events.

In addition, TK processes personal data in the context of its business operations, including for the following purposes:

  • recruitment and selection of personnel;
  • administration;
  • TK security;
  • management of IT systems;
  • archiving and handling of requests, complaints and disputes.

Your personal data is not used for purposes other than those for which you have provided it to us, unless you have given TK your consent or TK is otherwise required or permitted to do so under statutory provisions and/or quality rules.

Personal data rules for notarial deeds

If our office draws up a notarial deed containing your personal data, the notary must comply with the legal rules. These rules affect the processing of personal data:

  • The civil-law notary is obliged to include certain personal data in the deed. Your data will therefore be processed on a legal basis.
  • The notary must keep the signed deed with your personal data forever.
  • Once the deed has been signed by the notary, it becomes an official evidentiary document. Nothing may be changed, even if the personal data is not correct. If changes are necessary, the civil-law notary must make a new deed containing the change.
  • The civil-law notary is obliged to check certain personal data in the Personal Records Database (BRP), the Commercial Register (Handelsregister) and The Netherlands’ Cadastre, Land Registry and Mapping Agency (Kadaster).
  • The civil-law notary is obliged to verify your identity. To do so, he must obtain valid proof of identity from you. The civil-law notary is one of the few parties permitted to copy this document with all the information it contains.
  • Your personal data is subject to the civil-law notary’s professional confidentiality. Unauthorized persons are not given access to the data.

Transferring data to third parties

TK will only pass on the data it obtains to third parties if this is necessary for the requested services or if this is required by law. Depending on the service provided, TK provides information to, among others, the The Netherlands’ Cadastre, Land Registry and Mapping Agency, the Central Register of Wills (Centraal Testamentenregister, CT), the Central Register of Living Wills (Centraal Levenstestamentenregister, CLTR), the Tax and Customs Administration and the Chamber of Commerce.

Data can also be shared with contractors engaged by TK, such as bailiffs or external experts. If such a contractor is a processor within the meaning of Article 4(8) of the GDPR, TK will enter into a written processor agreement with the processor. Finally, your data may be provided to third parties (your broker, financial advisor, accountant, etc.) if you give TK permission to do this.

TK does not supply personal data to countries outside the EEA, unless this is necessary in the context of international proceedings. We will inform you of this.

Security and retention

TK takes the protection of your data seriously and takes appropriate measures to prevent its misuse, loss, unauthorized access, undesirable disclosure and unauthorized modification. Despite TK’s best efforts, no absolute guarantee can be given for protection against all threats. If you have the impression that your data is not secure or if there are indications of misuse, please contact Ewout Jansen on +31 (0)71-5358000 or via jansen@tk.nl (notarial division) or Henny Ören-Krassenburg on +31(0)71-5358000 or via privacy@tk.nl (legal division).

TK does not retain personal data for longer than necessary. This means that TK retains the data for as long as necessary to provide the requested service and the retention obligation as imposed by the Dutch Bar Association. This is subject to the exception of the data that TK must retain for a longer period as required by law, such as the Dutch Civil-Law Notaries Act (Wet op het Notarisambt) and the Dutch Public Records Act (Archiefwet). In addition, there may be a legitimate interest under which your data is retained for a longer period. Notarial deeds are kept forever.

Third party websites

This statement does not apply to websites of third parties that are linked to our website. For these websites we refer you to the privacy statements of Twitter, LinkedIn and Facebook.

Amendments to this privacy statement

TK may amend this privacy statement from time to time. Amendments will be published on our website. We recommend that you review this privacy statement regularly to stay informed of how TK processes and protects your personal data.

Access, rectification, deletion or restriction of processing

For a request to access, rectify or erase data, to object its (continued) processing, to revoke consent or for a request regarding data transferability, please contact Ewout Jansen on +31(0)71-5358000 or via jansen@tk.nl (notarial division) or Henny Ören-Krassenburg on +31 (0)71-5358000 or via privacy@tk.nl (legal division).
Our office makes every effort to uphold your rights under the General Data Protection Regulation. However, these rights may conflict with other legal provisions, such as the Dutch Civil-Law Notaries Act. You will of course be informed if your request cannot be met for this reason.

Questions

If you have any questions and/or comments regarding the processing of your personal data by TK, please contact Ewout Jansen on +31 (0)71-5358000 or via jansen@tk.nl (notarial division) or Henny Ören-Krassenburg on +31 (0)71-5358000 or via privacy@tk.nl (legal division).

Data Protection Authority

We will of course be pleased to help you if you have any complaints about the processing of your personal data by TK. If we are unable to reach agreement despite this, you also have the right under privacy legislation to lodge a complaint with the privacy regulator, the Data Protection Authority. For this purpose you can contact the Data Protection Authority.