This Privacy Statement sets forth the following information:
- What personal data we process and how they are obtained by us;
- For which purposes and on what legal basis we process personal data;
- With whom we share your personal data;
- How long we retain your personal data;
- Your rights with respect to your personal data; and
- The security of your personal data.
This Privacy Statement is meant for all persons of whom Birkway processes personal data, such as clients, prospective clients and applicants.
What personal data do we process and how are they obtained by us?
Personal data are all information about an identified or identifiable natural person. Among the personal data we can process are:
- Basic data such as your first and last name, any middle names, title;
- Contact details, such as your e-mail address, postal address and telephone number;
- Personal data you have provided to us for the purpose of attending events or meetings, such as any dietary requirements and mobility issues;
- Personal data you have provided to us in the context of an application, such as your first and last name, date of birth, address, telephone number, nationality, civil status as well as any other personal data provided in the course of your application; and
- All other personal data related to you, which you have provided to us or which we may obtain from you for the purposes and on the basis as set forth below.
We collect these personal data because you have provided these to us, or because these have been provided to us on your behalf, or because we have obtained these in the context of providing our services, or because these were disclosed to us by third parties (including counterparties), or because these have been disclosed to us through public sources. For example, you provide data when entering into an agreement, by presenting your business card to us, or by applying for a position. We can also obtain your personal data from other sources, such as from another lawyer, foreign or otherwise, from a counterparty, from the Trade Register, from the Land Registry or by making use of (public) sources.
Purposes and legal basis for the processing of personal data
Among the purposes for which Birkway may use your personal data are the following:
- Providing our legal services in the broadest sense;
- Sending our invoices;
- Mediation and referrals;
- Complying with our legal and statutory duties;
- Marketing and communication activities, such as invitations to attend an event or sending small Christmas gifts; and
- Recruiting and selecting, as well as processing your application or entry for an event.
We process your personal data on one or more of the following grounds:
- A legitimate interest;
- Performance of an agreement;
- Complying with a statutory duty; and
- Your consent.
Sharing personal data
In certain cases we can share your personal data with third parties, including, but not limited to:
- Third parties, such as regulators and other authorities, in order to comply with statutory duties;
- Third parties that are relevant to the legal services that we provide, such as counterparties, lawyers, courts of law, regulatory bodies, government institutions and experts whose services we may use for the purpose of carrying out, or having carried out, court-ordered expert examinations; and
- External suppliers involved in the processing of your personal data for the purposes defined in this Privacy Statement, such as ICT providers, providers of communication services or other suppliers to whom we have contracted out the performance of specific support services.
Sharing your personal data with these third parties will take place for the purposes listed in this Privacy Statement only and solely on the grounds listed in this Privacy Statement.
Any third parties to whom we provide your personal data will themselves be responsible for complying with the privacy laws. Birkway is neither responsible nor liable for the processing of your personal data by these third parties.
Insofar as a third party processes your personal data in the capacity as a processor of Birkway, Birkway will conclude a processing agreement with this third party which satisfies the requirements set down in the General Data Protection Regulation.
In order to be able to provide our services, it may be required that we will transfer your personal data to a recipient in a country outside the European Economic Area. In that case Birkway will see to it that such transfer is performed in accordance with the applicable laws and regulations.
How long will we keep your data?
We will keep your personal data in accordance with the General Data Protection Regulation. Birkway will not keep any personal data that are processed for a longer period than is necessary for the aforementioned data-processing purposes under the applicable laws and regulations. Your personal data will be deleted when there is no longer a legal basis for keeping them.
A request to inspect, rectify, restrict, oppose or transfer data, to delete your personal data or to withdraw your earlier permission, may be sent to Birkway B.V., J.J. Viottastraat 33, 1071 JP AMSTERDAM. You will receive a reply to your request within four weeks from receipt.
Circumstances may occur as a result of which Birkway will not be able to comply with your request in your capacity as a data subject, or not in full, such as a lawyer’s duty of confidentiality and statutory retention periods.
Lastly, you are entitled to file a complaint with the Nederlandse Autoriteit Persoonsgegevens (Dutch Data Protection Authority).
The security of your personal data
Birkway attaches great importance to the security and protection of your personal data and, having regard to the state of the art, will ensure that appropriate technical and organisational measures are taken to guarantee a level of protection consistent with the risk involved, while we aim to ensure a secure transfer of your personal data from your computer to our servers. Birkway has taken appropriate technical and organisational measures to protect your personal data against loss or any form of unlawful processing. In the event that Birkway makes use of the services of third parties, such an IT provider, it will within the context of the protection of personal data conclude a processing agreement in which arrangements providing for adequate security measures are laid down.
Birkway is entitled to amend this privacy statement from time to time. Our privacy statement may be viewed on our website (http://birkway.com/). We advise you to do so regularly, but in any case whenever you provide personal data to Birkway.
If you have any questions about the processing of your personal data, please contact Birkway B.V.,
J.J. Viottastraat 33, 1071 JP AMSTERDAM.
Amsterdam, 5 January 2021