Introduction
Marxman Advocaten B.V. handles your personal data with care. This privacy policy sets forth how Marxman Advocaten B.V. deals with the processing of personal data that takes place through the website www.marxman.nl. It also provides further information on the processing of personal data in connection with other business processes of Marxman Advocaten B.V. Hereinafter Marxman B.V. will be referred to as "Marxman".
The privacy policy describes, among other things, the categories of personal data collected, the purpose for which the personal data is used and the categories of recipients to which the personal data is disclosed.
Information about Marxman
Marxman has its registered office in Amersfoort and is registered under registration number 32083052 in the Trade Register of the Chamber of Commerce. For questions about the privacy policy, Marxman can be reached on working days from 08.30 hours until 17.30 hours at telephone number 0334508000. Please ask for Mr S. Palm. You can also contact us by e-mail. The e-mail address is info@marxman.nl.
Data protection policy
Marxman and its employees are bound by a (internal) data protection policy. On this basis, employees are only allowed to process personal data (subject to the data protection policy) if this is necessary for the performance of an assigned task. In addition, employees are bound by specific instructions on how to handle personal data. An example could be the instruction that employees are not allowed to store Marxman documents (containing personal data) on their own devices. Also, computer systems should be locked or closed when an employee is not present in the office and all employees are bound to strict confidentiality.
Processing of personal data
Processing of personal data via the website
Use of contact form
Our website includes a contact form. If you wish to use it, Marxman will ask you to provide the following personal data:
- First name;
- Last name;
- E-mail;
- Phone number.
Marxman processes personal data about you for the purpose of handling an enquiry, complaint or other type of communication you have made to us. Therefore, the personal data is also required to be entered. The legal basis of this processing is that such data processing is necessary for the protection of Marxman's and your legitimate interest. Specifically, this interest consists of Marxman's and yours interest in being able to deal with questions, complaints or other types of communication at your request. These personal data will be kept as long as necessary for the complete answering and handling of the question, complaint or other type of communication sent with the contact form. Thereafter, the personal data will be deleted.
Registering for an event
You may register for an event (e.g. a seminar, masterclass or other type of event) via the website. Legally, you then enter into an agreement with Marxman. This service is subject to our general terms and conditions. To do so, you must provide the following personal data in the accompanying form:
- First name;
- Surname;
- E-mail;
- Telephone number.
If the above personal data is not provided by you, you will not be able to register for the event.
Personal data will be used to maintain an event participant list. This list of participants is used for practical purposes, for example to determine whether or not an event can take place in connection with the enthusiasm shown for it. We can then inform you about this, if necessary. The legal basis of this processing is that such data processing is necessary for the protection of Marxman's and your legitimate interests. Specifically, this interest consists of Marxman's practical interest in organising an event. After the event (or after it has been decided that the event will not take place), the personal data will be deleted. In case the event is organised together with a partner, we will also ask the relevant partner to do so.
After the conclusion of the agreement, your personal data may also be used to contact you by telephone for commercial purposes. Specifically, this means that we will contact you by telephone no more than once within six months after the conclusion of the agreement to bring our services to your attention. The personal data will therefore be kept for no more than six months after the conclusion of the agreement. The legal basis for this processing is that this data processing is necessary to pursue our legitimate interest. Specifically, this interest consists of a commercial interest to be able to bring our products and services to your attention. For our part, we spent a lot of time and care organising an event. During that event, you received knowledge from us or were able to attend an activity, which normally requires payment. In exchange for organising and being able to attend the event, we think it is reasonable and justified that we can bring our products and services to your attention once by phone. In case the event is organised together with a partner, the partner will also be allowed to contact you once by phone. Your personal data will not be passed on to other parties for commercial purposes.
Please note that you may exercise your right to object at any time, including prior to the time we have contacted you by telephone. Marxman will comply with this without fail and will not contact you by telephone in that case. The right to object is also discussed later in this privacy policy.
Please note that videos and photographs may be taken during the event. You will find more information on this later in this privacy policy.
Downloading a whitepaper
You may find yourself downloading one of our whitepapers via the website. Legally, you then enter into an agreement with Marxman. This service is subject to our general terms and conditions.
You must provide the following personal data in the accompanying form.
- First name;
- Last name;
- E-mail;
- Telephone number.
If the above personal data is not provided by you, you will not be able to download the whitepaper.
Personal data will be used primarily to send you the whitepaper.
Your personal data may also be used to contact you by telephone for commercial purposes after the conclusion of the agreement. Specifically, this means that we may contact you once by telephone within six months of your request for the white paper to draw your attention to our services. The personal data will therefore be stored by us for no more than six months after you download the white paper. The legal basis for this processing is that this data processing is necessary for the fulfilment of our legitimate interest. Specifically, this interest consists of a commercial interest to be able to bring our products and services to your attention. In turn, we have spent a great deal of time and care in compiling the information as found in the white paper. This provides you with knowledge, which normally has to be paid for. In exchange for providing you with the white paper, we think it is reasonable and justified for us to give you one phone call to highlight our products and services. Please note that you may exercise your right to object at any time, including prior to the time we have contacted you by telephone. Marxman will comply with this without fail and will not contact you by telephone in such cases. The right to object is also discussed later in this privacy policy.
Your personal data will not be passed on to third parties for commercial purposes.
Processing relating to other business processes
Introduction
We hereby also inform you of a number of personal data processing operations that relate to other business processes within Marxman. We have included this information in this (public) privacy policy because we refer to this information in our engagement letter, for example.
Logging of visitor information
Marxman records which visitors have visited its offices. In doing so, the name, employer and (if known) telephone number of the relevant visitor is recorded. The legal basis of this processing is that such data processing is necessary for the protection of Marxman's legitimate interest. Specifically, this interest consists of the fact that the information must be available should an unexpected incident take place during your visit (think of an evacuation) but also so that more information is available if an incident may have occurred (e.g. theft). In addition, this allows us to carry out and optimise our services. For the sake of workability, we will keep your data as long as those of visitors whose visit is treated as case-related information (see below). If you object, we will take immediate action and delete the data of your visit.
Where relevant, the name and employer of the visitor present is also stored separately to keep track of how many calls an individual lawyer has made. A separate file is created for this purpose. Personal data will be deleted no more than six months after the relevant calendar year in which the visit took place.
The personal data in question may be classified as case-related documentation. The retention period of case-related documentation is included as a separate section in this privacy policy.
Checking client identity and client screening Wwft
Based on the Regulation on the Legal Profession, we are obliged to identify our clients. A legal entity is identified by means of an extract from the trade register of the Chamber of Commerce. If the client is a natural person, or if a natural person represents a legal entity (whereby the starting point is that representation should always ultimately take place by a natural person), the starting point is that the client's identity is verified at Marxman's office on the basis of a physical check of a client's identity document.
If the Prevention of Money Laundering and Financing of Terrorism Act applies to the provision of services, we are also required to conduct a customer due diligence. The processing of personal data associated with these obligations (including making a copy of a passport) is necessary for the performance of a legal duty incumbent upon us. As a rule, this will involve regular advice, for example in the field of real estate transactions or the establishment of legal structures.
Retain records under tax retention obligation
As a result of the tax retention obligation, Marxman is required to retain its administrative data for seven years. It is possible that on the basis of this retention obligation Marxman is forced to retain your personal data. In this case, the processing is necessary to comply with a legal obligation. More information on the tax retention obligation (and the data that must be kept on the basis thereof) can be found on the website of the Tax and Customs Administration.
Making reports of evaluation interviews with clients
Marxman conducts regular evaluation interviews with clients to discuss the Marxman services provided and to assess whether the client may be interested in other legal products or services. A report is made of the relevant evaluation meetings as a starting point. In principle, this meeting report is kept for a maximum of ten years, counting from the day on which the evaluation meeting took place. The legal basis for this processing is that this data processing is necessary to serve our legitimate interest. Specifically, this interest consists of being able to assess and optimise the services for the client in question.
Please note that you may exercise your right to object at any time, including prior to the time we prepare the interview report. Marxman will comply with this without fail and will not draw up an interview report in that case. You may also submit a request to have the personal data in question deleted. Marxman must assess per request whether it can be complied with. This is because this is not possible in all circumstances. Both rights are also discussed later in this privacy policy.
Retention of case-related information
Case-related documents are retained for a maximum of 20 years plus six months from the day the case is closed. The period of 20 years coincides with the limitation period for (professional) liability based on Section 3:310 of the Dutch Civil Code. This retention period is also advised by the Netherlands Bar Association in the instruction "Archiving at the law firm".
Sending documents
In many cases, it is necessary for the performance of the agreement that we send you documents containing personal data. Think for example of drafts of procedural documents or opinions. All documents are sent to you by e-mail as a starting point. E-mails are sent by e-mail servers that support STARTTLS , DMARC, DKIM and SPF. This allows a secure connection to be established with your receiving e-mail servers (if they support it). It is up to you to ensure that your e-mail servers support this. If you would like us to use a different form of transmission, please contact us about this.
Photos and videos of events
Marxman organises events for existing clients and relations with some regularity. It is possible that photos or videos are taken during the events. It is possible that the photos or images will be published on the website, in a newsletter or in another manifestation of Marxman and/or of a partner who together with Marxman organises the event concerned. Marxman (and possibly the relevant partner) will also communicate this at the time of the event and ask whether there are any objections to possible publication. If possible, a possible objection will immediately be anticipated by not or not recognisably depicting the person concerned. The photos concerned will not be actively published for more than five years after the event. This is without prejudice to the possibility that publications may remain available longer in places where Marxman is not authorised to remove and/or change information.
The legal basis of such processing is that such processing of personal data is necessary for the protection of the legitimate interest of Marxman (and possibly the partner with whom Marxman organises an event). Specifically, this interest consists of a commercial interest. Marxman (and possibly the partner with which Marxman organises an event) has spent a lot of time and care in organising an event. In return for organising and being able to attend the event, Marxman considers it reasonable and justified for the above processing of personal data to take place. This is so that Marxman can substantiate that it is actively invested in its customers and relations.
Please note that you may exercise the right to object at any time, including prior to being contacted by telephone or prior to photographs and/or images being taken or published. The actions objected to will then not be carried out. Any actions taken prior to the moment of objection will remain legally valid.
Event evaluation form
Evaluation forms may be handed out during events. The evaluation forms contain a number of questions. The answers provide us with useful feedback, which we can use in the context of organising the next event. Through the evaluation form, we also ask you if you would like to sign up for our newsletters. On the evaluation form, you can also indicate whether you would like to be contacted on specific subject and by a specific person (e.g. a speaker).
On the evaluation form, please enter the following personal data:
- First name;
- Last name;
- E-mail;
- Phone number.
Filling in the personal data is not mandatory. If you do fill in this personal data, it is possible for us to sign you up for our newsletters (if desired) or to contact you (or have you contacted) about a specific subject (if desired) By filling in the personal data, you give your consent. This consent can be withdrawn at any time. We delete evaluation forms as soon as possible, but no later than three months after the event concerned.
Sending e-mails about own similar products or services to existing clients
Existing clients are regularly informed by e-mail about our legal products or services. Based on the law (in particular the General Data Protection Regulation in conjunction with Article 11.7 paragraph 3 of the Telecommunications Act), it is permitted to send existing clients expressions about their own similar products or services without consent. At the bottom of the relevant e-mails, you will find a link that allows you to easily unsubscribe from all of Marxman's communications. In the engagement letter, you will also be given the option to indicate that receiving e-mails about Marxman's legal products or services is not desired.
Newsletter
Marxman sends newsletters containing legal content information on a regular basis. In principle, this newsletter will only be sent to you after Marxman has received permission to do so. This consent may be withdrawn at any time (however, the processing carried out before the withdrawal remains legally valid). An unsubscribe option is available in the newsletter for this purpose.
If you are an existing client, we may also send you the newsletter without consent. For more information on this, please refer to the paragraph "Sending e-mails about own similar products or services to existing clients".
Prospects
Marxman may collect data on potential clients (prospects). This is done on the basis of public sources, with no more data being stored than strictly necessary for the purpose of matching a potential proposition to the prospect in question. The data will be stored for a maximum of two years unless there is active contact with the prospect concerned, in which case the data will be deleted two years after the last contact.
Retention of personal data of applicants
Marxman may retain personal data of applicants. This may include various personal data, whether or not provided by the applicant himself. In principle, Marxman will only process personal data that are necessary for the performance of the application procedure. This data processing is necessary for the protection of the legitimate interests of Marxman and the applicant concerned. This interest consists of being able to perform an application procedure. The personal data concerned will be kept for a maximum of four weeks after receipt thereof, or four weeks after the last job interview. Based on permission requested from the applicant, these personal data may be kept longer.
Retention period
This privacy policy sets out the retention period of personal data. If no explicit retention period is included, Marxman will not retain personal data for longer than necessary for the purposes for which it was collected and processed.
Cookies
Our website uses functional cookies. Without these functional cookies, your language preference, for example, will not be remembered.
On our website, we also use analytical cookies. In particular, we use the system Google Analytics. The use of these analytical cookies is necessary for the protection of the legitimate interest of Marxman and the visitors of the website. This allows Marxman to analyse, for example, which pages are visited most frequently and how visitors came to our website. Marxman has taken measures to minimise the traceability of visitors to our website. In this context, Marxman has chosen to mask the last so-called octet of the IP address. Other measures have also been taken to safeguard the privacy of website visitors. For example, in Google Analytics, the 'data sharing' function has been turned off. Also, Marxman does not use other Google services in combination with the Google Analytics cookies. In addition, a processing agreement has been concluded with Google. These measures taken are in line with the "Handbook privacy-friendly setting of Google Analytics" of the Personal Data Authority .
Our website does not use tracking cookies.
Security
Marxman has taken appropriate technical and organisational measures to ensure a risk-appropriate level of security.
As far as the website is concerned, this means, among other things, that personal data is sent to us encrypted via a so-called HTTPS connection. E-mails are sent by e-mail servers that support STARTTLS, DMARC, DKIM and SPF. This allows a secure connection to be established with your receiving e-mail servers (if they support it).
The technical security of the computer systems belonging to Marxman has been designed in consultation with an IT company specialised in this. Marxman has also taken various organisational measures. Marxman and its employees are furthermore bound by an (internal) data protection policy, which includes specific instructions for employees on how to deal with personal data.
Processors and other third parties
Personal data may be processed on behalf of Marxman by so-called processors and sub-processors. Think of the hosting company that hosts the website and takes care of sending the automatic (confirmation) e-mails. The processors and sub-processors act under the responsibility of Marxman and may not perform their own processing on the personal data. Your personal data will not be provided to other parties except those described in this privacy policy. Your personal data will also be disclosed to other parties if we are required to do so by law or court order.
In relation to its clients, Marxman is itself responsible with respect to the information it collects. It is therefore not necessary for Marxman to enter into a processing agreement with its clients.
Your privacy rights
Under the General Data Protection Regulation ("AVG"), you have a number of rights. You have the right to request Marxman to inspect (art 15 AVG) and rectify (art 16 AVG) or erase your personal data (art 17 AVG). You also have the right to request Marxman to restrict the processing of personal data (art. 18 AVG). Under certain circumstances, you also have the right to data portability (art. 20 AVG) and the right to object (art. 21 AVG). The website of the Personal Data Authority provides more information on when it is possible to exercise one or more of these rights.
If you wish to exercise one or more of these rights, please contact us via the contact options listed above.
Apart from the above rights, you always have the right to file a complaint with the Personal Data Authority.
Changes
This privacy policy may be subject to change. It is therefore advisable to consult this privacy policy regularly. The current version of the privacy policy was last amended on 30 October 2018.