1.1 As a law firm, Fennek processes data about individuals (“personal data”). Fennek thereby acts as controller in the sense of the General Data Protection Regulation (“AVG”).
1.2 The processing of personal data by Fennek includes data from:
applicants at Fennek (hereinafter: “applicants”);
persons who are clients or who work for our clients (hereinafter: “clients”);
persons from whom Fennek purchases products or services or who work there (hereinafter: “suppliers”);
third parties, such as persons who appear in clients’ files, lawyers or visitors to www.fennek.nl (hereinafter: “third parties”).
which personal data Fennek processes with regard to which categories of persons;
for what purposes the personal data are processed and what legal basis this has;
what rights the persons of whom Fennek processes personal data have;
2 The personal data that Fennek processes
a. Job applicants
i) contact details such as name and address details, telephone numbers, date and place of birth;
ii) data on training courses, courses, career history;
iii) information provided regarding the application procedure, such as the CV;
iv) other data, the processing of which is necessary in view of the application of laws or regulations.
i) contact details such as name and address details, telephone numbers, date and place of birth, proof of identity, bank account number;
ii) information regarding the handling of the case;
iii) bank or other financial information;
iv) other data, the processing of which is necessary in view of the application of legislation or regulations.
i) contact details such as name and address details, telephone numbers, date of birth, bank account number;
ii) in some cases: a statement of conduct and information about proof of identity;
iii) data with a view to placing orders or purchasing services;
(iv) data for the purpose of calculating and recording expenditure and making payments;
v) other data, the processing of which is required by virtue of or necessary for the application of law or regulation.
d. Third parties
i) contact details such as name and address details, telephone numbers, date of birth;
ii) data in connection with a visit to our website, such as data for the purpose of identifying and communicating with the visitors to the website or data that is recorded to keep track of visitor statistics of our website;
iii) data relating to electronic messages originating from or intended for third parties and data necessary for the purpose of maintaining contact with these third parties;
iv) other information provided to us by clients or third parties or obtained from public sources in the context of the handling of a case.
3 Purposes of data processing and legal basis
Fennek only processes personal data if there is a legal basis for this. These are the following:
i) this is necessary in order to perform the agreement or in the pre-contractual phase;
ii) to comply with a legal obligation, such as the legal obligation to identify the client;
iii) to promote the legitimate interests of Fennek, whereby the interests of Fennek outweigh the interests of the person whose personal data are processed. Such a legitimate interest is understood to mean the sending of commercial messages to clients for relationship management.
iv) consent obtained from the person whose personal data are processed.
Fennek processes the data of applicants on the grounds of Fennek’s legitimate interest as well as because this is necessary in the pre-contractual phase. The importance, or at least the necessity, is to find suitable personnel. The data is not provided for other purposes and only to those who are responsible for or are involved in the recruitment and selection activities at Fennek.
Fennek bases the processing of your personal data in the context of the assignment agreement that it has concluded with you. Fennek provides you with legal services for the implementation of the contract for services, including advice and legal proceedings. In addition, Fennek processes personal data in order to comply with legal obligations, such as the administration or identification obligation or tax obligations. Fennek can also process personal data to promote its legitimate interests, such as improving our services. Your consent will be explicitly requested on the basis of consent.
Fennek processes personal data of suppliers in order to be able to implement the agreement (such as placing orders or purchasing services) or to comply with legal obligations, such as keeping records or for an audit. Fennek can also process personal data to promote its legitimate interests, such as maintaining contact with suppliers, as well as calculating and recording income and expenditure and making payments.
Every website visitor can leave contact details on the Fennek website as part of our online services. Fennek will then use this information to contact you and will keep this information if necessary to answer your question. Personal data of third parties may also be processed in the context of Fennek’s legal services, sending information about Fennek’s services or providing access to Fennek’s office and (or) Fennek’s website. Fennek does this on the basis of its legal obligation or its legitimate interest and sometimes with the consent of the third party.
4 Sharing of personal data
a. Job applicants
Fennek can share personal data of applicants with persons who are involved in the application procedures at Fennek;
Fennek can share personal data of clients with:
i) employees of Fennek;
ii) suppliers (e.g. external translation agencies);
iii) counterparties, such as lawyers;
iv) other parties when consent has been obtained from the client, or when there is a legal obligation.
Fennek can share personal data of suppliers with:
i) Employees of Fennek
ii) other parties when permission has been obtained from the supplier or when there is a legal obligation.
d. Third parties
Fennek can share personal data of suppliers with:
i) Employees of Fennek;
ii) suppliers, including translation agencies and bailiffs;
iii) clients or counterparties;
iv) other parties when permission has been obtained from the third party or when there is a legal obligation.
5 Security and transfer to countries outside the EEA
1 Fennek applies various technical and organizational measures to protect your personal data against destruction, loss, alteration or unauthorized disclosure or unauthorized access. Fennek employees are also bound by confidentiality. In the event that Fennek makes use of services from third parties, such as an IT supplier, Fennek will lay down agreements about adequate security measures in a processing agreement in the context of the protection of personal data.
2 In principle, Fennek will only pass on your personal data if this is necessary for its legal services and if there is a legal basis for this. If Fennek must pass on your personal data to parties in third countries, outside the European Economic Area (EEA) in the context of its legal services (for example in an international procedure), Fennek will provide appropriate safeguards so that the transfer takes place in accordance with with the applicable privacy legislation. This can be done by entering into a contract with the third party recipient that corresponds to the model of the European Commission or the Dutch Data Protection Authority.
7 Retention periods
Fennek does not store your personal data longer than is strictly necessary. Fennek stores your personal data:
– for the purposes for which your personal data are processed: for applicants no longer than four weeks after the end of the application procedure, unless the data subject enters employment with Fennek or gives permission to keep it for longer (and for a maximum of one year):
– based on legal obligations: administration / accounting no longer than seven years and in a case no longer than twenty years after the closing of a file.
8 Rights of individuals
Personal data protection legislation grants individuals the following rights with regard to personal data concerning them:
i) the right to request whether the personal data concerning them is processed and, if so, to have access to it;
ii) the right to request the rectification and erasure of that data;
iii) the right to object to or request restriction of processing;
iv) the right to withdraw consent to the processing, if the processing is based on your consent;
v) the right to receive or deliver your data to an organization designated by you, in a structured, commonly used and machine-readable format;
vi) depending on your country of residence, the right to lodge a complaint with a regulator who supervises compliance with the rules on the protection of personal data. In the Netherlands, this is the Dutch Data Protection Authority in The Hague (www.autoriteitpersoonsgegevens.nl).
Fennek will process a request in connection with the exercise of these rights – as far as possible – in the manner prescribed by law.
9 Contact information
To exercise the rights described above, you can send an email to privacy@Fennek.nl. For complaints about how Fennek processes your privacy data, you can also contact this e-mail address. And if your complaint has not been settled satisfactorily, you can turn to the Dutch Data Protection Authority.