- Borsboom & Hamm N.V. (hereinafter: “Borsboom & Hamm”) respects your privacy and processes personal data in the capacity of controller in accordance with the General Data Protection Regulation (hereinafter: “GDPR”).The term ‘personal data’ means any information relating to an identified or identifiable natural person.The term ‘process’ means among other things: the recording, storage, alteration, retrieval, consultation, use, provision, erasure, and destruction of personal data.This privacy statement serves to fulfil the information obligation laid down in the GDPR in respect of the data subjects whose personal data Borsboom & Hamm processes.This privacy statement applies to all personal data that is processed by Borsboom & Hamm in connection with its provision of services, that includes data that is received by the bankruptcy trustees that are employed by Borsboom & Hamm and that is processed in the bankruptcies to which the latter have been assigned.For more information about personal data that Borsboom & Hamm processes in connection to selection procedures please see the privacy statement for applicants.
Controller and communication
- Borsboom & Hamm processes personal data in order to be able to provide its services, to improve its services, and to be able to communicate with you, as a data subject, personally.
Purposes of the processing of personal data
- Borsboom & Hamm processes personal data exclusively for the following purposes:
- identification of clients (Article 1 of the Dutch Money Laundering and Terrorist Financing Prevention Act (Wet ter voorkoming van witwassen en financiering van terrorisme)
- provision of legal services, including the performance of an agreement and conducting (legal) proceedings
- advising, mediating, and referral purposes
- handling bankruptcies in which Borsboom & Hamm affiliated lawyers have been assigned as bankruptcy trustees
- customer relationship management
- performing client administration and accounts receivable management;
- -in order to comply with other statutory and legal obligations; and
- purchasing products and services from third parties.
What personal data is processed?
- Among other, Borsboom & Hamm processes the following kinds and categories of personal data:
- identification and contact information (e.g., first and last names, birth dates, cities, addresses, telephone numbers, e-mail addresses, titles and genders);
- financial information (e.g., bank account numbers);
- data with a view toward the handling of a case or the adjudication of a dispute (such as information about the opposing party, the client and/or his employees or his clients);
- data with a view toward the handling of a bankruptcy (such as information about the personnel of the bankrupt company, the directors of the bankrupt company, and the debtors and creditors of the bankrupt company);
- data with a view toward the calculation or recording of expense claims, making payments and collection of monetary claims; and
- all other personal data that Borsboom & Hamm may receive in connection with the purposes as mentioned in Article 3 and on the basis of the grounds as mentioned in Article 6 below.
- Borsboom & Hamm processes personal data because it has been provided to Borsboom & Hamm by the data subject, it has been received in connection to the provision of services, has been made known to Borsboom & Hamm by third parties, including opposing parties, or because it is disclosed in public sources, including the Chamber of Commerce and the land register. In addition, Borsboom & Hamm lawyers who have been assigned as bankruptcy trustees as part of the performance of their work, receive access to external administrative accounts belonging to bankrupt companies and/or natural persons.
Bases for processing of personal data
- Borsboom & Hamm processes personal data on the basis of the grounds to be described below within the meaning of Article 6 of the GDPR:
- performance of an agreement, such as an agreement for the provision of legal services, for example;
- statutory obligation;
- justified interest; and
- your permission.
Sharing of personal data with third parties
- Borsboom & Hamm only shares personal data with third parties in so far as is necessary for the provision of its services with due regard for those purposes mentioned above. Conducting or having an expert investigation conducted or the engagement of a third party on behalf of or on the instructions of Borsboom & Hamm, such as an IT supplier should come to mind in this regard, but also the provision of personal data in connection with (legal) proceedings or correspondence with an opposing party.
- Borsboom & Hamm may also provide personal data to a third party, such as a supervisory authority or another body vested with public authority, in so far as a statutory obligation to do so exists.
- Borsboom & Hamm concludes a processing agreement with third parties that process personal data on behalf of or on the instructions of Borsboom & Hamm by virtue of which that third party is also obligated to comply with the GDPR. Third parties engaged by Borsboom & Hamm that provide services as controllers are themselves responsible in the (further) processing of your personal data for complying with the GDPR. An accountant, notary, or third party engaged in order to provide a second opinion or expert report should come to mind in this regard.
Securing personal data
- Borsboom & Hamm attaches great value to the securing and protection of personal data and takes care, taking into account the state of the art, that appropriate technical and organisational measures are taken in order to ensure that the level of security matches the risks. When Borsboom & Hamm makes use of the services of third parties, such as an IT supplier, it establishes agreements about sufficient security measures in connection to the protection of personal data in a processing agreement.
Personal data retention period
- Borsboom & Hamm stores personal data for seven years after the closing of a file or for as long as required in connection to its legal and contractual obligations, responsibilities, and liabilities.
Data subjects’ rights to privacy
- You can send a request for access to, rectification of, limitation of, objection to, transfer of your personal data, erasure of your personal data or a request for the withdrawal of previously granted permission to firstname.lastname@example.org.In order to be certain, on the basis of your request, that the relevant personal data is provided to the correct person, Borsboom & Hamm asks you to submit a copy of a valid passport, driver’s license, or identity document with the passport photo and citizen service number (BSN number) blacked out. Borsboom & Hamm only handles requests that are related to your own personal data. You will receive a response from Borsboom & Hamm within four weeks of receipt of your request.
- Circumstances may arise whereby Borsboom & Hamm cannot or cannot fully fulfil your request as data subject. Lawyers’ confidentiality obligations and statutory retention periods should come to mind in this regard.
- You can submit a complaint to the supervisory authority if Borsboom & Hamm does not act in conformity with the applicable privacy regulations.
Changes to the privacy statement
- Borsboom & Hamm reserves the right to change the contents of this privacy statement at any time without giving prior notice. Changes to the privacy statement are published on Borsboom & Hamm’s websites. Please check the website regularly.
Questions and Contact
- Questions or comments about the processing of personal data and this privacy statement can be directed to email@example.com.
This privacy statement was drawn up on 25 May 2018.