Privacy statement personal data

Privacy statement HerikLegal N.V.
HerikLegal is responsible for your personal data. HerikLegal handles your personal data carefully and acts in accordance with the requirements of the General Data Protection Regulation (GDPR) and its associated Implementation Act. In this statement, we explain how we handle your personal data. This statement is general in nature. In your specific case, different issues may arise. If you have any questions arising from this statement, you can ask your lawyer for more information. This can also be done via the general contact details, which can be consulted on the website.

Contact details of HerikLegal
HerikLegal N.V. is a public company, with its statutory seat in Rotterdam and registered with the Chamber of Commerce under number 24452478. We can be reached by phone (010-4100055) and by email. Of course, you can also contact your lawyer directly.

For what purposes do we use your personal data?
We use your personal data and the personal data of third parties for various purposes:

We are legally obliged to identify you (Article 1 WWFT and/or Article 7.1 Ordinance on Advocates).
Your personal data is also necessary to provide our services to you. This includes your contact details for communication and your address and financial details for billing purposes.
Additionally, depending on the case’s content, we process further personal data about you or others. This will also occur in the performance of the service agreement with you.
In some instances, we may process special personal data about you or others. We may process this data in the context of legal proceedings, based on your consent, or based on your legitimate interest as a client. The foregoing does not affect our duty of confidentiality.
Our duty of confidentiality also prevents us from informing indirectly involved persons or third parties about the processing of their personal data in a case (see Article 14(5)(d) GDPR for this exception).
Due to the variety of cases, it is not possible to provide an exhaustive list of all purposes for processing your personal data in this privacy statement.
We also use your contact details to approach you for promotional activities and/or newsletters when appropriate. We are cautious in doing so, and you can always opt out.
If you fill out the ‘Service Evaluation’ form after a case handled by us, your data will be used to share the evaluation results with the handling lawyer. In that case, your personal data will be stored in your file.

What data do we process about you?

Your personal and contact details (such as your first and last name, date and place of birth, address, (mobile) phone number, email address, and gender).
Financial data (such as your account number).
Data necessary for handling a (legal) case or resolving a dispute (such as data about the opposing party(ies), your employees, or your clients).
Data related to the handling of bankruptcies by our receivers (such as data about the bankrupt’s personnel, directors, and debtors and creditors).
Data related to the financial aspects of a file, making payments, and collecting debts.
All other personal data we obtain in connection with our work.

What are our legal grounds for processing your personal data?

We process personal data based on the following legal grounds:

For the performance of the agreement;
In connection with a legal obligation;
In connection with a legitimate interest;
Based on your consent;

Data transfer
We transfer your personal data to other parties. Depending on the procedure or advice, this typically includes the following party(ies):

Our cloud service provider. The cloud service provider processes personal data on our behalf and is a data processor.
Court/Court of Appeal/Supreme Court or other dispute resolution bodies (such as arbitration and mediation) in the case of conducting proceedings, whether digitally or otherwise, or externally promoting the resolution of a (threatened) dispute. In such cases, the respective body is the data controller for the submitted documents.
Legal Aid Board in case of an application for funded legal aid. In such cases, a separate form is completed in which you are further informed about this data transfer.
(Lawyer of the) opposing party (recipient of procedural documents and correspondence). A lawyer acts as a data controller. In each case, this concerns a separate recipient. As we keep you informed as our client of all correspondence with the opposing party, you always have insight into the personal data exchanged with the (lawyer of the) opposing party.

Your personal data is generally not transferred to countries outside the European Economic Area (EEA). EEA countries include all EU countries plus Liechtenstein, Norway, and Iceland, unless an opposing party or our client is a party residing or established outside the EU.

How long do we retain your data?
We do not retain your data longer than necessary for the purposes for which we process your data.

In connection with the execution of judgments and the limitation period for liability (including professional liability), we generally retain your personal data for at least 5 years after closing your file, but no more than 20 years. If the case warrants it, we may retain your file longer. Exceptions aside, we will inform you about this when closing your file.

Security

HerikLegal N.V. has implemented appropriate technical and organizational measures to secure your personal data against unauthorized or unlawful processing. We take into account the state of the art. If you have questions about the security of your personal data or indications of misuse, you can contact us. See our contact details for this.

What are your rights?
You can send a request for access, correction, restriction, objection, data portability, deletion of your personal data, or withdrawal of your consent to privacy@heriklegal.se-d.nl. We may ask for a copy of your ID to verify your identity. We may not be able to fulfill your request in all cases. Our legal duty of confidentiality may prevent this, or we may no longer process your personal data.

As a data subject, you have the following rights:

You have the right to request access to your personal data.
You have the right to request correction of incorrect personal data.
You have the right to request the deletion of your personal data.
You have the right to request your personal data, allowing you to transfer your personal data to another service provider (right to data portability).
If your personal data is processed based on your consent, you always have the right to withdraw this consent. If your personal data is processed on another basis (e.g., to provide legal advice or to substantiate or refute liability), your personal data will continue to be processed on this other basis.
You have the right to file a complaint with the Data Protection Authority if you believe your personal data is being processed incorrectly.

This privacy statement was last amended on January 20, 2020.