This privacy statement applies to all services performed on behalf of Thuis Partners.
In providing its services, Thuis Partners processes personal data of clients and business associates. We deal with such data conscientiously. We attach a great deal of importance to the privacy of our clients and business associates, all the more so because we have a legal obligation to maintain the confidentiality of matters entrusted to us by our clients. We therefore do everything in our power to guarantee the confidentiality of data.
This privacy statement provides general information about how Thuis Partners deals with personal data. It also explains the rights of the data subject in relation to Thuis Partners.
The Privacy Officer at Thuis Partners is Mariëlle Stroes.
Thuis Partners is a civil-law partnership made up of private limited liability companies [“BVs”] registered in the Chamber of Commerce’s Trade Register under number 14110632 and with offices at Tempsplein 21-22 in (NL-6411 ET) Heerlen and Stationsplein 8N in (NL-6221 BT) Maastricht, The Netherlands. Because we receive and process personal data we are the “Controller” within the meaning of the EU’s General Data Protection Regulation (GDPR). Questions regarding how we process personal data should be directed to the Privacy Officer.
Personal data processed by Thuis Partners
Thuis Partners processes various kinds of personal data for various different purposes. “Personal data” is taken to be the data with which individuals can be identified, for example their name, address, date of birth, and bank account number. In certain circumstances, the IP address or user name may also be regarded as personal data.
Various types of personal data are processed in the course of providing legal services. We need the names and contact details of our clients in order to contact them, for example, but also to identify them. In doing so, lawyers are subject to the requirements of the statutory rules and the rules of conduct of the Netherlands Bar. Depending on the type of legal services concerned, we need to process a greater or lesser amount of personal data and sometimes also (highly) sensitive personal data. In some cases, we will also need to share personal data with third parties. If we do, we must always record this so as to be able to inform those involved later on if they so request.
Acquisition and direct marketing
In order to expand our legal services and offer new products, we sometimes make use of direct marketing, in the course of which we process personal data. This may only be done by a select group of employees of our organization who are involved in investigating possible new business contacts, clients, etc. We do this on the legal basis of a legitimate business interest.
Needless to say, Thuis Partners also processes personal data belonging to its own employees. This form of processing is based on the contractual relationship and on legal obligations incumbent on employers.
Potential new employees
In the context of application procedures, Thuis Partners is obliged to also process the personal data of job applicants: their name, address, phone number, education and training, etc. We need these personal data in order to be able to make a proper assessment of the candidates. Data is not retained for any longer than six months after a decision has been made on the application. If necessary, Thuis Partners will store personal data for a longer period for the purpose of possible vacancies and/or future job applications. We only do this with the consent of the person concerned.
Thuis Partners is active on social media (LinkedIn, Facebook, Twitter). It is possible that we will process the personal data of third parties through these channels.
In providing our legal services, we may acquire access to the personal data of third parties with whom we do not have a direct relationship. In the case of an insolvency, for example, Thuis Partners’ insolvency practitioners will receive considerable amounts of personal data which they need to process. Our lawyers also have to process the personal data of third parties during legal proceedings. Our employees will at all times deal carefully with such personal data and will only process it in accordance with the rights and obligations arising from the applicable privacy regulations. Processing will then take place in order to perform a statutory duty or to represent the legitimate interests of a third party.
Recipients of personal data
Thuis Partners will not transmit personal data that it processes to other parties unless that is necessary in one of the following cases.
Performance of an agreement
When performing an agreement with a data subject whose personal data Thuis Partners has in its possession, it may be necessary for that data to be sent to other companies, organisations, or institutions. One example would be when name and address details are sent to a bailiff in order to instigate legal proceedings.
On the basis of consent
Situations may arise in which we may send personal data to third parties on the basis of the data subject’s consent. That consent is only valid if the data subject has given his or her consent freely and has been clearly informed in advance of the purpose for which consent is to be given.
Necessary external processing
Thuis Partners cannot provide its legal services without the cooperation of third parties, such as ICT providers. In some cases, those external parties will need to process personal data on our behalf. That will only be done on the basis of a processor agreement setting out the reciprocal rights and obligations for the careful processing of personal data.
When retaining personal data, Thuis Partners complies with the applicable statutory retention periods. Personal data may not be retained for longer than is necessary for the purpose for which it is being processed. That may differ from case to case. We remove or anonymise the data as soon as there is no longer any reason to retain it.
Transfer to countries outside the EU
The rights of data subjects
Data subjects whose personal data is being processed by Thuis Partners can invoke the following legal rights:
- deletion of data
- restriction of processing
- data portability
In order to ensure that data subjects can exercise these rights, we explain them as follows.
Right of inspection
At the request of a data subject, Thuis Partners will generally provide an overview of the personal data that we process. When submitting a request, the data subject must identify him/herself by means of a valid identity document.
When responding to the request, Thuis Partners shall basically allow access to the personal data that is processed, the purposes for which that is done, the party/parties to which the personal data has been provided, the period during which it will be retained, and what other rights the data subject has.
There are also situations in which Thuis Partners will have received personal data that is subject to the confidentiality obligation imposed on lawyers. In such cases, we can provide only very limited, or indeed no, information about the data concerned.
If Thuis Partners processes personal data incorrectly, the data subject has the right to rectification of the incorrect data. If the personal data is incomplete, he/she may request that it be added to.
Deletion of data
In certain specific circumstances, the data subject can require Thuis Partners to delete personal data that has been processed. Thuis Partners must comply in the following situations:
- the data is no longer necessary for the purpose for which it was received
- processing is taking place on the basis of the data subject’s consent and the data subject withdraws that consent and there is then no other legitimate basis for Thuis Partners to process it
- the data subject objects to the personal data being processed and there are no compelling and legitimate grounds which outweigh the objection
- the personal data has been processed wrongfully
- the personal data must be deleted pursuant to a legal obligation
- Thuis Partners has collected a child’s personal data in connection with an offer for mobile telephony or internet services.
Restriction of processing
If a data subject has requested a correction of personal data processed by Thuis Partners then he/she can ask for processing to be restricted while Thuis Partners is dealing with the request. The data subject can also ask for processing to be (temporarily) restricted if he/she considers that Thuis Partners is processing personal data wrongfully or no longer needs it, or if he/she has objected to it being processed.
If Thuis Partners sees reason to comply with the request for restriction, it will only continue to process data with the consent of the data subject or if there is a legitimate interest in doing so (including, but not limited to, asserting, exercising, or substantiating a legal claim).
Portability of data
A data subject has the right to request Thuis Partners to make the personal data available in a structured, commonly used, and machine-readable form. This is possible if the data has been processed on the basis of the data subject’s consent or in order to perform an agreement. The data subject also has the right to request that the personal data concerned be transferred to a different controller.
The data subject is entitled to object at any time to the processing of his/her personal data by Thuis Partners. This also applies if processing has taken place on the basis of profiles created by Thuis Partners, for example in connection with direct marketing. In such a case, Thuis Partners will discontinue processing unless it can invoke compelling and legitimate grounds for the processing. Those grounds must then outweigh the interests, rights, and freedoms of the data subject.
The data subject is entitled to object at any time to processing for the purpose of direct marketing. In such a case, Thuis Partners will always immediately cease processing the data for that purpose.
Exercise of rights
A data subject who wishes to exercise one or more of the above rights should contact our Privacy Officer. Thuis Partners will respond to the request within the statutory period of four weeks. One cannot exclude the possibility that we will be unable to respond to the substance of the request within that period. In that case, Thuis Partners will indicate why it needs more time to respond and how long doing so will take.
Withdrawal of consent
If Thuis Partners processes the personal data of a data subject on the basis of his/her consent, he/she has the right to withdraw that consent at any time. If Thuis Partners then has no additional grounds for processing the data, it will cease processing it from the moment when consent is withdrawn.
If a data subject has a complaint about the way his/her personal data is being processed by Thuis Partners and considers that the latter has not taken the complaint seriously then he/she can notify the Dutch Data Protection Authority [Autoriteit Persoonsgegevens], which may then decide to carry out an investigation. The data subject can also initiate relatively simple proceedings before the courts. More information is available on the Authority’s website.
Questions and/or remarks
Questions and/or remarks regarding the processing of personal data should be directed to our Privacy Officer.
This privacy statement has been drawn up in accordance with the provisions of the EU’s General Data Protection Regulation (GDPR). Thuis Partners reserves the right to amend this Privacy Statement periodically.