Privacy Statement

Version May, 2018

Introduction
Van Campen Liem is the joint trade name of Van Campen & Partners N.V. and Liem & Partners N.V. References in this statement to “we”, “us” or “Van Campen Liem” are references to Van Campen & Partners N.V., Liem & Partners N.V. and our affiliated entity Van Campen Liem Luxembourg S.à r.l., a company with limited liability through which we practice in Luxembourg.

This privacy statement provides information about how Van Campen Liem handles personal data that are processed in the context of its business in the broadest sense and, more specifically, in the context of services we render to our clients, as a result of which processing of personal data, Van Campen Liem would qualify as a data controller (verwerkingsverantwoordelijke) within the meaning of the General Data Protection Regulation. Reference in this privacy statement to “personal data” means any information (either stand-alone or read collectively with other information) that directly or indirectly identifies, or could reasonably be used to identify a living natural person.

Van Campen Liem is committed to protect and respect your privacy.

Please read this privacy statement carefully to understand our practices with respect to personal data.

To whom does this privacy statement apply?

This privacy statement applies to:

  • clients of Van Campen Liem;
  • potential clients (to be) contacted by Van Campen Liem;
  • visitors of the Van Campen Liem website;
  • recipients of newsletters and/or commercial and/or marketing emails sent by Van Campen Liem;
  • applicants for available positions, including internships, or open applications;
  • all other persons who contact Van Campen Liem or of whom Van Campen Liem    processes personal data.

How we obtain your personal data
As a law firm, we regularly receive personal data as part of our professional activities. We may collect your personal data:

  • as part of our client acceptance processes and about you and others as necessary in    the course of providing legal services;
  • when you or your organization seek legal advice or employment from us;
  • when you or your organization offer or provide services as our vendor;
  • when you browse or interact with our website(s) or use any of our online services;
  • when you contact us, email us or provide such data to us in other circumstances,  such as when you request details about a firm sponsored event.

Ordinarily, you will have provided any such data to us directly. But in some cases, we may collect personal data about you indirectly from a third party source, such as government, or service provider or from (public) records, such as the Dutch population register (Basisregistratie Personen), the trade register of the Chamber of Commerce (het handelsregister van de Kamer van Koophandel) or Land Registry (Kadaster).

The personal data we collect and process
The personal data that we collect and process may include:

  • basic information, such as your name and your date and place of birth;
  • contact information, such as your physical address, email address and phone        number(s);
  • financial information, such as bank account details;
  • technical information (including your IP address), such as information from your visits to our website or applications or in relation to materials and communications we send to you electronically;
  • information you provide to us for the purposes of attending meetings and events, including access and dietary requirements;
  • identification and background information provided by you or collected by us as part of our client acceptance processes;
  • personal data provided to us by or on behalf of our clients, partners and employees or generated by us in the course or providing services and employment, which may include special categories of data;
  • details of your visits to our offices; and
  • any other information relating to you which you may provide to us, either directly or indirectly.

On which legal grounds we process your personal data
We collect, create, hold and use personal data in the course of and in connection with the services we provide to our clients. We will process identification and background information as part of our client acceptance procedures, finance, administration and marketing processes, including anti-money laundering, know-your-customer procedures, conflict of interest, reputational and financial checks. We will also process personal data provided to us by or on behalf of our clients for the purposes of the services rendered to them on the basis of our engagement letter or otherwise agreed amongst us and these clients and/or their representatives.

We process personal data based on one or more of the following legal grounds:

  • Consent
    You will always have the right to withdraw any consent you have given to process your personal data.
  • An agreement or for the conclusion of an agreement
    If you agree to obtain for legal, notarial or tax services from us, we will process your personal data if and to the extent necessary to carry out our services as agreed in such agreement.
  • A legal obligation
    • a civil law notary is, based on the Dutch Act of Civil Law Notaries (Wet op het Notarisambt), required to include certain personal data in a notarial deed, such as a name, first names, date and place of birth, address and marital status of the parties;
    • civil law notaries are also legally required to provide certain personal data to the trade register of the Chamber of Commerce (het handelsregister van de Kamer van Koophandel) or Land Registry (Kadaster);
    • the Act on Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme) requires lawyers, civil law notaries and tax advisors to obtain and record certain information. This includes, amongst others, a copy of an identity document (passport).
  • Legitimate interest
    We may also process your personal data if we have a legitimate interest and do not disproportionately infringe on your privacy. We may, for example, use your contact details to invite you to seminars and events.

How we use your personal data
Whether we receive your personal data directly from you or from a third party source, we will only use your personal data in connection with our ordinary professional activities (including the fulfilment of our legal or regulatory obligations). These “Permitted Uses” may include:

  • providing legal advice or other services to our clients;
    (your contact details will be requested if a lawyer, civil law notary or tax advisor provide services to you. We may also require other personal data to be able to provide services to you, depending on its nature)
  • managing our business relationship with you or your organization, whether in connection with the provision or procurement of services or as your employer or former employer, including processing payments, accounting, auditing, billing and collection and related support services;
  • acting in compliance with our legal obligations, including with respect to anti-money laundering and sanctions checks;
    (a civil law notary is, based on the Dutch Act of Civil Law Notaries (Wet op het Notarisambt), required to include certain personal data in a deed such as a name, first names, date and place of birth, address and marital status of the parties)
  • managing and securing the access to our offices;
    (we will record your name when you visit our offices. To ensure that no unauthorized persons can access our offices and so we know who is in the building in the event of emergencies, camera footage is taken out- and inside our offices and will by default be destroyed within thirty (30) days.)
  • managing and securing our systems and online platforms;
  • complying with court orders and other legal and regulatory requirements;
  • processing that is necessary for purposes of the legitimate interest of the firm or third parties provided that such interests are not overridden by your interests or your fundamental rights and freedoms; and
  • for any purpose related to the foregoing or for any purpose for which you provided the personal data to Van Campen Liem, for example (but not limited to) recruitment and marketing purposes.

If you have given us your explicit consent, we may process your personal data for additional purposes. You may withdraw your consent at any time. Additional purposes for which we may process your personal data may include:

  • communicating with you with respect to legal developments, announcements, events and Van Campen Liem services which may be of interest to you;
  • distributing surveys or marketing materials;
  • gathering information regarding your preferences to improve the quality of our communications and interaction with you, such as through website analytics or the tracking of our client publications; and
  • any other purpose for which you have given consent.

How we share your personal data
Van Campen Liem has two offices, one located in Amsterdam and one located in Luxembourg. Irrespective of how we obtain your personal data, it may be shared among both the offices within Van Campen Liem (both inside the European Economic Area). Our internal policy requires both offices to – at all times – ensure a level of data protection at least as protective as those mandated by the European Economic Area. This internal policy has been laid down in an internal data protection policy.

We may also need to transfer personal data to third parties to be able to provide services, including third parties based outside the European Economic Area, for example (but not limited to) sub-contractors, other counsels and accountants and third parties involved in your matters. An example is when litigating against another party, when concluding an agreement, or when drawing up a notarial deed with multiple stakeholders.

Your personal data will not be shared with third parties for commercial purposes.

Van Campen Liem may use social media sites such as Facebook and Twitter, and network websites LinkedIn and Magnet.me. If you use these services, you should review their privacy statement for more information on how they deal with your personal data.

Where we share or transfer your personal data, we will do this in accordance with applicable data protection laws and will take appropriate safeguards to ensure its integrity and protection.

Our lawyers and civil law notaries are subject to their professional secrecy. Unauthorized persons do not have access to the personal data that we collected from you in such capacity.

Keeping your personal data secure
We will take appropriate technical and organizational measures against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data in accordance with our internal security procedures covering its storage, access and destruction. Personal data may be stored on our own (external) technology systems or those of our vendors or in paper files.

Retaining your personal data
Your personal data will be retained in accordance with our data retention policy (verwerkingsregister) which categorizes all of the information held by Van Campen Liem and specifies the appropriate retention period for each category of data. Those periods are based on the requirements of the applicable data protection laws and the purpose for which the information is collected and used, taking into account legal and regulatory requirements to retain the information for a minimum period, limitation periods for taking legal action, good practice and Van Campen Liem’s business purposes. We may retain your personal data for an additional period to the extent deletion would require us to overwrite our automated disaster recovery backup systems or to the extent we deem it necessary to assert or defend legal claims during any relevant retention period.

Your rights regarding your personal data
The General Data Protection Regulation and other applicable data protection laws provide you certain rights.

You are entitled to request details of the information about you that we maintain and how we process it. You may also have a right in accordance with applicable data protection law to have it rectified or deleted, to restrict our processing of that information, to stop unauthorized transfers of your personal data to a third party and, in some circumstances, to have personal data relating to you transferred to another organization. You may also have the right to lodge a complaint in relation to Van Campen Liem’s processing of your personal data with the Autoriteit Persoongegevens. For this you can visit the website www.autoriteitpersoonsgegevens.nl.
If you object to the processing of your personal data, or if you have provided your consent to processing and you choose to explicitly withdraw it, we will respect that choice in accordance with our legal obligations.

Your objection (or withdrawal of any previously given consent) could mean that we are unable to perform the actions necessary to achieve the purposes set out above (see ‘How we use your personal data’) or that you may not be able to make use of the services and products offered by us. Please note that even after you have chosen to withdraw your consent, we may be able to continue to process your personal data to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal, professional and regulatory obligations, in particular resulting from the Dutch Act of Civil Law Notaries.
We must ensure that your personal data is accurate and up to date. Therefore, please advise us of any changes to your data by emailing us at avg@vancampenliem.com.

Updates
This privacy statement was updated in May, 2018. We reserve the right to amend this privacy statement from time to time to reflect changing legal requirements or our processing practices. Any such changes will be posted on our website and will be effective upon posting.