1 Introduction
- Fennek processes personal data (“personal data”). In doing so, it
generally acts as a controller within the meaning of the General Data Protection
Regulation (“GDPR”).
- Data processed by Fennek includes data relating to:
– Job applicants (hereinafter “applicants”);
– Persons who are clients or are employed by our clients (hereinafter: “clients”);
– Persons from whom we purchase products or services or are employed by our
suppliers (hereinafter: “suppliers”);
– third parties, like persons, not being clients, whose details are present in the
files we deal with, other attorneys with whom we maintain contact or visitors
to our website (hereinafter “third parties”).
- In this privacypolicy we will explain, among other things:
– what personal data we process with regard to the categories of personal data Fennek processes;
– for which purposes Fennek processes personal data and on which legal basis;
– what rights persons of which Fennek processes personal data have with regard to the data we process;
– whom you can contact about this privacypolcy and the manner in which Fennek processes personal data about you.
2 What personal data Fennek processes
a. Job applicants:
- i) contact details like name, address details, telephone numbers, date of birth, place of birth;
- ii) data on training programmes, courses and internships taken or to be taken;
iii) data on the job applied for and data with regard to the position to be held, provided by the data subject or known to him (such as curriculum vitae data);
- iv) other data whose processing is required pursuant to or is necessary in view
of the application of any laws or regulations.
- Clients:
- i) contact details like name and address details, telephone numbers, date of birth, place of birth, bank account number, identity document;
- ii) data in view of the handling of the case;
iii) data for calculating and recording fees and expenses, making payments and
collecting amounts due;
- iv) other data of which the processing is required pursuant to or is necessary in
view of the application of laws or regulations.
- Suppliers:
- i) contact details like name and address details, telephone numbers, date of birth, place of birth, bank account number;
- ii) in some cases: a statement of conduct and data on an identity document;
iii) data with regard to ordering or purchasing services;
- iv) data for calculating and recording expenses and making payments;
- v) other data of which the processing is required pursuant to or is necessary in
view of the application of laws or regulations.
- Third parties:
- i) contact details like name and address details, telephone numbers, date of birth, place 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 recorded to collect visitor statistics with regard to our website;
iii) data with regard to electronic messages originating from or destined for third
parties and data that are necessary for the purpose of maintaining contact
with these third parties;
- iv) other data provided to us by clients or third parties or that are obtained from
public sources in the context of our handling of a case.
3 The purposes of processing personal data and the legal basis
- We may only process personal data if a valid legal basis exists.
We therefore only process the data above if: - i) the processing is necessary for the performance of an agreement with the data
subject or in order to take steps at the request of the data subject prior to entering into an agreement (“fulfilment of agreement”);
- ii) the processing is necessary to comply with a legal obligation to which Fennek
is subject, such as, for example, our obligation to verify the identity of our clients (hereinafter “legal obligation”);
iii) the processing is necessary for the purposes of the legitimate interests pursued by Fennek or by another person, and those interests outweigh the interests or fundamental rights of the person whose data are concerned, as is the case, for example, when we use contact details for sending commercial messages for maintaining our business relationships (hereinafter
“legitimate interest”); or
- iv) the data subject has given his consent to the processing (“consent”)
Job applicants
We process personal data of job applicants on the grounds of the legitimate interest of Fennek or in order to take steps at the request of the data subject prior to entering into an agreement, which consists of finding suitable personnel. The data will not be provided for any other purposes and only to those who are in charge of the recruitment and selection activities at Fennek, or to those who have been engaged for these activities by Fennek.
Clients
Fennek grounds the processing of your personal data on the ability to perform the contract for services concluded with you. In order to perform the contract for services, Fennek performs legal work, inter alia giving legal advice and conducting legal proceedings for clients. In addition, we process personal data in order to comply with legal obligations, such as the administrative or identification obligations or tax obligations. We may also process personal data to protect our legitimate interests, such as improving our services. If your personal data is processed on the basis of consent, you will be explicitly asked for consent.
Suppliers
Fennek processes personal data of suppliers for the fulfillment of the agreement (as the ordering or purchasing of services) or in order to be able to perform the agreement or to comply with legal obligations, such as keeping records or for auditing purposes. Fennek also processes personal data of suppliers or its legitimate interests, as maintaining contacts with suppliers and for calculating and recording income and expenses and making payments.
Third parties
As part of our online services, every website visitor can leave his or her contact details on the Fennek website. We will use this information to contact you and store it as necessary to answer your question. Personal data of third parties can also be processed in respect of the legal services from Fennek, sending information about the services from Fennek, granting of access to our office or our website or for the security thereof. The legal ground of doing so is a legal obligation, the legitimate interest of Fennek or consent from the third party.
4 Sharing personal data
- Job applicants
Fennek can share personal data with persons who work for Fennek, in particular those who are involved in the job application procedure at our firm.
- Clients
Fennek can share personal data with:
- i) persons who work for us (i.e. those involved in handling the case);
- ii) suppliers (for example external translation agencies);
iii) parties such as counterparties, or other attorneys, in the context of the provision of our services;
- iv) others, with the consent of the data subject, or in the case of a legal obligation.
- Suppliers
Fennek can share personal data from suppliers with:
- i) persons who work for us (involved in the ordering or delivery process of the
supplier);
- ii) others, with the consent of the data subject, or in the case of a legal obligation.
- Third parties
Fennek can share personal data from third parties with:
- i) persons who work for us (i.e. those involved in handling the case);
- ii) suppliers (for example external translation agencies; bailiffs);
iii) clients, parties like counterparties, or other attorneys, in the context of the
provision of our services;
- iv) others, with the consent of the data subject, or in the case of a legal obligation.
5 Security and transfer data to countries outside the EEA
- Fennek applies various technical and organisational measures to protect your
personal data against destruction, loss, alteration or unauthorised disclosure or
access. These comprise administrative, physical and technological measures. Persons who work for us are bound to secrecy. If Fennek makes use of services of third parties, such as an IT supplier, Fennek will, in the context of the protection of personal data, record agreements regarding adequate security measures in a processing agreement.
- Fennek only shares personal data with third parties if and to the extent that this is necessary for the provision of legal services and there is a legal basis to do so. If Fennek needs to transmit your personal data to parties in third countries, i.e. outside the European Economic Area (EEA) (for example in international proceedings), we will provide for appropriate safeguards in order for the transfer to take place in accordance with the privacy laws here. We may do this by concluding a contract with the recipient in accordance with a format that the European Commission or a national supervisory authority has approved for this purpose.
6 Cookies
Fennek maintains usage data of the website(s) for statistical purposes. The Fennek website uses cookies of Google Analytics to track user behaviour and general trends and to obtain reports. This helps to improve the functioning of the website. We have concluded a processing agreement with Google to ascertain that personal data that are collected for us in the context
of Google Analytics, are only used to give us insight into the manner in which our
website is used. We have also adapted the settings of the service in such a way that
the data may not be deployed by other Google services, and that the last digits of
all the IP-addresses collected in this scope are immediately erased. This makes it
more difficult to link data to a specific visitor.
8 Retain periods
Fennek does not retain personal data longer than necessary. Fennek stores certain data:
– for the purposes for which the personal data are processed, such as the personal data from job applicants no longer than four weeks after the end of the selection procedure, unless the data subject is employed by us or consents to an extended retention hereof (and ultimately for a year):
-in fulfillments of legal obligations: administrative data (including financial administration) not longer than seven years after the closure of a file and legal case data not longer than twenty years after closure of a file.
- Rights from persons
- The laws on the protection of personal data give you the following rights in respect of the personal data relating to you:
- i) The right to request whether or not personal data concerning you are processed, and, if this is the case, to get access to these;
- ii) The right to request rectification and erasure of these data;
iii) The right to object the processing or to ask for a restriction of the processing;
- iv) The right to withdraw the consent to the processing, if the processing is based
on your consent;
- v) The right to receive your data or have this transmitted to an organisation designated by you, in a structured, commonly used and machine-readable format;
- vi) Depending on the country where you live, the right to file a complaint with a
supervisory authority that monitors the compliance with the rules for the protection of personal data. In the Netherlands: the Autoriteit Persoonsgegevens in The Hague (www.autoriteitpersoonsgegevens.nl).
- Fennek will deal with a request in connection with the exercise of these rights – in so far as possible – in the manner as prescribed by law.
10 Contactdetails
In order to exercise the rights from persons described above, you can send an email to privacy@fennek.nl. You may also use this email address if you wish to file a complaint about the manner in which your personal data have been processed by Fennek. If you are dissatisfied with the manner in which we dealt with your complaint, you can file a complaint with the Autoriteit Persoonsgegevens.
11 Amendments to this privacy policy
If we amend this privacy policy, we will publish the amended privacy policy
on our website, stating the data on which the amendments will take effect.