Privacy Statement for client

De Voort Advocaten|Mediators (“De Voort”) processes personal data of (potential) clients and other persons with whom De Voort maintains contact as part of or related to its services (“you”). De Voort processes that personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation (“GDPR”). In this statement De Voort informs you how your personal data is processed by De Voort and what your possibilities are with respect to processing.

For applicants to the website (Cf. on the website: Disclaimer for website visitors) De Voort has an separate privacy statement.

Contact information of Controller

This privacy statement applies to processing operations carried out by De Voort. The contact information of De Voort is:

De Voort Advocaten | Mediators
Physical address: Professor Cobbenhagenlaan 75, 5037 DB  Tilburg
Postal address: Postbus 414, 5000 AK  Tilburg
KvK-number 50810952 (Chamber of Commerce)
Telephone: 013 – 4668888
Email address: privacy@devoort.nl
Website: www.devoort.nl
Purposes of processing

Your personal data may be provided by you to De Voort or a person associated with De Voort by post, email, telephone, (telephone) conversations or provision or submission of documents or documentation. We may also receive your personal data from contracting parties, other third persons or public records such as registers or websites. In that case name and address data, financial information or contact information are provided or collected. De Voort will be able to process this and other personal data for the following purposes:

  • making and maintaining contact;
  • responding to questions asked by you or provision of information requested by you;
  • providing legal services, the preparation, performance and completion of an engagement and preparing and conducting (legal) proceedings;
  • consultation, mediation and referral;
  • keeping correct records and internal management, including financial administration such as billing and collection of bills;
  • meeting and compliance with statutory obligations and professional rules, such as verification of the identity of the client, providing correct (process) information and retention periods;
  • looking into any complaints and settlement of disputes;
  • carrying out access control during your visit to our office;
  • management of our network of clients and relationship management;
  • marketing and communication activities such as mailing a newsletter, sending invitations to and participation in knowledge sessions or meetings and distribution of publications.

De Voort processes the personal data obtained only for the above purposes. Prior to processing of your personal data for other purposes De Voort will contact you in order to offer you the opportunity to object to further processing.

Legal grounds for processing
The processing operations for the above purposes each have at least one legal ground. These legal grounds are:

Consent
The free, explicit and unambiguous consent given by you for processing operations for one or more specific purposes (for instance: the use of your personal data in order to invite you to one of our substantive knowledge sessions). If De Voort processes personal data on the basis of consent given by you, you will have the right to withdraw your consent at any point in time. If processing is carried out only on the basis of consent given by you, no further processing may take place after you have withdrawn your consent. Withdrawal of consent does not affect the legitimacy of processing on the basis of consent prior to its withdrawal.

Pre-contractual measures
Taking measures at your request prior to the conclusion of a contract (for instance performing a cost-benefits analysis of proceedings on the basis of your financial information).

Performance of an agreement
Processing of personal data that is necessary for the performance of an (assignment) agreement between you and De Voort (for instance registration of your contact information in order to send you an order confirmation).

Statutory obligation
Processing of personal data that is necessary to comply with statutory obligations that apply to De Voort as a Controller (for instance verification and registration of your identity).

Evaluation of interests
Processing that is necessary in order to promote the legitimate interests of De Voort or a third party (for instance storage of your communication in a dossier for the purpose of accountability for services provided and handling of any complaints by the 'Orde van Advocaten' (Dutch Bar Association). If De Voort (also) processes personal data on the basis of an evaluation of interests De Voort will state the legitimate interests and inform you of this.

Consequences of withholding personal data
De Voort will inform you beforehand about cases in which you are obliged to provide personal data, which must then be processed by De Voort on the basis of:

  • a statutory or contractual obligation and/or;
  • it being a necessary precondition for the conclusion of an agreement.

In that case you will also be informed about the consequences of any refusal to provide this personal data.

If you do not (fully) provide this personal data De Voort will not be able to conclude an agreement with you, will have to terminate its agreement with you and/or will not be able to (fully or correctly) perform the agreement with you. In every phase of performance of an agreement between you and De Voort you may be asked for additional personal data. In that case you will be informed of the consequence if this personal data is not provided.

Retention periods
De Voort will not retain your personal data any longer than necessary for the purpose for which it was collected and recorded. With respect to this De Voort always has to comply with statutory retention obligations and periods that apply to De Voort, such as those according to the law, professional rules and rules of conduct. In those cases De Voort will comply with the terms that apply. If there are several grounds or reasons why De Voort retains specific personal data of you the longest retention period will be complied with.

If you make general requests for information and/or ask questions De Voort will retain your personal data provided to De Voort for as long as there are contacts concerning one and the same subject. If no contacts have taken place for one year and if there is no other reason to retain your personal data it will be erased within four weeks after that point in time.

If you have indicated that De Voort may inform you of (legal) developments, new services and courses and meetings (also) organized by De Voort, De Voort will retain your personal data provided until you opt out, after which your data will be erased within four weeks.

In case De Voort has concluded an agreement with you under which De Voort provides for instance legal services, advice or mediation, De Voort will retain your personal data that is part of the dossier during the processing of your dossier and up to twenty years after that. Your personal data that is part of the accounts receivable administration only will be retained for seven years.

In case of complaints or disputes with respect to the contact or performance of our services for you your personal data will be retained during the handling of these complaints and disputes. If it has been established that a complaint or dispute has been settled or resolved the personal data retained for that purpose will be erased, unless one of the above-mentioned retention periods apply. In that case the personal data is not erased until those retention periods have expired as well.

Additional information on provision and processing
Your personal data may be provided to other recipients, on condition that there is a valid reason for that, consistent with the purpose for which you provided the personal data and a reason for provision exists.

Performance of the engagement
De Voort may provide your personal data to third parties if this is necessary or advisable for the purpose of correct compliance with its contractual obligations toward you. De Voort may for instance provide your personal data to bailiffs, courts of law and arbitration institutes for the purpose of instigating and conducting proceedings. In addition to that De Voort will provide your personal data to the postal service or courier for delivery of documents to you or on your behalf when necessary. Further, other providers of (legal) services such as translators, mediators or interpreters may obtain your personal data. Sometimes it is necessary for an engagement to provide data to a public notary or agencies such as the Land Registry or Chamber of Commerce. In case of complaints personal data may be provided to the 'Orde van Advocaten'.

Statutory obligations or requirements
De Voort will disclose your personal data if it is our opinion that it is necessary for compliance with applicable legislation and regulations, legal procedures or requests made by government entities. Personal data may for instance be requested by a supervisory body, investigative agency or inspection and in some cases De Voort may be obliged to comply with such a request. Further, on the basis of a statutory obligation, De Voort is obliged to proactively report personal data to supervisory bodies or proper authorities in exceptional cases.

Other necessary purposes
De Voort may provide personal data to third parties so that they may process such data on behalf of and on the basis of instruction of De Voort and in accordance with the privacy policy and other appropriate confidentiality and security measures prescribed by De Voort. For De Voort such third parties include e.g. its IT suppliers, a storage and destruction facility and the third party account 'Stichting Derden Gelden De Voort Advocaten'.

Your consent
Subject to your consent and at your request or otherwise De Voort may provide your personal data to third parties. That applies only in cases in which it is clear that your consent applies to specific personal data and third parties. For instance in cases in which it is requested to provide your personal data to the 'Raad voor Rechtsbijstand' (Legal Aid Board), 'Juridisch Loket' (Legal Desk), a trade union, administrator, legal expenses insurer, your employer, a contracting party, consultant, government body or implementing authority.

If a party qualifies as a data processor within the meaning of the AVG, De Voort will conclude a data processing agreement with that party. On the basis of the GDPR third parties to whom De Voort provides your personal data are themselves responsible for processing and protection of this data.

De Voort attempts to limit transmission of personal data to third countries or international organizations to an absolute minimum. If that occurs by one of the external parties with whom De Voort cooperates, the written agreement which De Voort concludes with them, will require appropriate guarantees, for instance that EU model contracts must be used.

Security of personal data
De Voort has taken appropriate technical and organizational measures to prevent loss of personal data or unauthorized processing such as misuse, unauthorized disclosure and unauthorized access. On the one hand these are preventative measures: measures that prevent that a threat or breach results in loss of personal data or unauthorized processing. On the other hand De Voort has taken detective and repressive measures: measures which, if loss of personal data or unauthorized processing would nevertheless take place, will detect the incident as soon as possible and limit its consequences to the extent as possible. Further, De Voort has taken remedial and corrective measures for the case that loss of personal data or unauthorized processing would nevertheless occur.

Privacy rights
Under privacy legislation you have various individual rights you may exercise. Those are the right to access/ to receive a copy, to rectification, the right to have your personal data erased (the right 'to be forgotten'), the right to restrict the processing of data concerning you, the right to object and the right to transmit your personal data. These rights are not absolute rights, which means that De Voort does not in all cases need to comply with a request on the basis of one of the above rights. De Voort will inform you within one month after De Voort has received a request from you in which you invoke one of the above rights. In the information De Voort will indicate whether the request has been complied with or that the term for evaluation and response of one month needs to be extended. Exercising one or more of these rights is, as a rule, free of charge for you. You can exercise your rights by submitting a request through the contact channels referred to in this statement.

'Autoriteit Persoonsgegevens' (Dutch Data Protection Authority)
If, despite the conscientious approach of the processing and protection of persona data by De Voort, you would have a complaint concerning this, you have the right under privacy legislation to submit a complaint to the Autoriteit Persoonsgegevens, Cf. the website: www.autoriteitpersoonsgegevens.nl.

Modification of privacy statement
This privacy statement was drawn up on 27 June 2019 and is subject to modification. The modified privacy statement will be published on this website; that modification(s) apply will be clearly indicated.