Privacy statement

Introduction
Marxman Advocaten B.V. handles your personal data with care. This privacy policy explains how Marxman Advocaten B.V. handles the processing of the personal data you provide to us via the website www.marxman.nl. Here you will also find more information about the processing of personal data relating to other business processes within Marxman Advocaten B.V. Hereinafter Marxman B.V. will be referred to as ‘Marxman’.

The privacy policy describes, among other things, which categories of personal data are collected, for which purpose the personal data are used and to which categories of recipients the personal data are provided.

Information about Marxman
Marxman has its registered office in Amersfoort and is registered under number 32083052 in the Trade Register of the Chamber of Commerce. For questions about the privacy policy, you can contact Marxman on working days between the hours of 8.30 a.m. and 5.30 p.m. at +31 (0)334508000. Please ask for Mr S. Palm. You can also contact us by email. The email address is info@marxman.nl.

Data processing policy
Marxman and its employees are bound by an (internal) data processing policy. On this basis, employees are only permitted to process personal data (in compliance with the data processing policy) if it is essential to carrying out an assigned task. In addition, the employees are bound by specific instructions about how to handle personal data. An example thereof is the instruction that employees are not allowed to store Marxman documents (containing personal data) on their own devices. Furthermore, the computer system of an employee who is not present in the office must be locked or shut down, and all employees are bound by strict confidentiality.

Processing of personal data
Processing of personal data via the website

Use of the contact form
Our website contains a contact form. If you wish to make use of this form, Marxman will ask you to provide the following personal data:
– First name;
– Last name;
– Email address;
– Telephone number.

Marxman processes your personal data for the purpose of handling a question, complaint or other type of communication you have requested. Therefore, providing the personal data is mandatory. The legal basis for the processing of these data is that this is necessary for the purposes of the legitimate interests pursued by Marxman and by you. In concrete terms, this legitimate interest consists of both Marxman’s and your interest to handle your questions, complaints or other communication at your request. These personal data are retained for as long as necessary for the complete answering and handling of the question, complaint or other type of communication sent through the contact form. After this, the data are removed.

Registering for an event
You may register for an event via the website (for instance a seminar, master class or other type of event). From a legal point of view, this means you are entering into an agreement with Marxman. Our general terms and conditions apply to the provision of this service. Such a registration requires you to provide the following personal data in the corresponding form:
– First name;
– Last name;
– Email address;
– Telephone number.

If you do not provide the aforementioned personal data, you will not be able to register for the event.

The personal data are used to keep a list of participants in the event. This list of participants is used for practical purposes, for instance to determine whether or not an event can take place based on the interest in the event. This allows us to inform you accordingly, should this be necessary. The legal basis for the processing of these data is that this is necessary for the purposes of the legitimate interests pursued by Marxman and by you. In concrete terms, this legitimate interest consists of Marxman’s practical interest in being able to organise an event. After the event (or after the decision has been made to cancel the event), the personal data are removed. In the case the event is organised together with a partner, we will ask the partner in question to do the same.

After the conclusion of the agreement, your personal data may also be used to contact you by telephone for commercial purposes. In concrete terms, this means that within six months after the conclusion of the agreement, we will contact you no more than once by telephone to market our services to you. For this reason, your personal data will be retained for up to six months after the conclusion of the agreement. The legal basis for the processing of these data is that this is necessary for the purposes of the legitimate interests pursued by us. In concrete terms, this legitimate interest consists of a commercial interest to market our products and services to you. We, in turn, have devoted a great deal of time and care to the organisation of an event. During this event, we have provided you with knowledge or allowed you to attend activities for which you would normally have to pay. In exchange for organising and allowing you to attend the event, we think it is reasonable and justified that we market our products and services to you once by telephone. In the case the event is organised together with a partner, this partner may also contact you once by telephone. We will not provide your personal data to third parties for commercial purposes.

Please note that you can exercise your right at any time, including prior to the moment we contact you by telephone. Marxman will certainly comply with this and you will not be contacted by telephone in that case. The right to object is also discussed later in this privacy policy.

Please note that it is allowed to take photographs and videos during the event. You will find more information about this later in this privacy policy.

Downloading a white paper
You can download one or more of our white papers via the website. From a legal point of view, this means you are entering into an agreement with Marxman. Our general terms and conditions apply to the provision of this service.
To download a white paper, you are required to provide the following personal data in the corresponding form:
– First name;
– Last name;
– Email address;
– Telephone number.

If you do not provide the aforementioned personal data, you will not be able to download the white paper.

The personal data will primarily be used to send you the white paper.
After the conclusion of the agreement, your personal data may also be used to contact you by telephone for commercial purposes. In concrete terms, this means that within six months after the request for a white paper, we may contact you no more than once by telephone to market our services to you. For this reason, your personal data will be retained for up to six months after downloading the white paper. The legal basis for the processing of these data is that this is necessary for the purposes of the legitimate interests pursued by us. In concrete terms, this legitimate interest consists of a commercial interest to market our products and services to you. We, in turn, have devoted a great deal of time and care to the preparation of the information contained in the white paper. This provides you with knowledge for which you would normally have to pay. In exchange for providing the white paper, we think it is reasonable and justified that we market our products and services to you once by telephone. Please note that you can exercise your right at any time, including prior to the moment we contact you by telephone. Marxman will certainly comply with this and you will not be contacted by telephone in that case. The right to object is also discussed later in this privacy policy.

We will not provide your personal data to third parties for commercial purposes.

Processing of data relating to other business processes

Introduction
We would like to take the opportunity to also inform you about a number of processing operations of personal data that relate to other business processes within Marxman. We have included this information in this (public) privacy policy, for example because we refer to this information in our assignment confirmation.

Registration of visitor information
Marxman records which visitors have visited its branches. The name, the employer and (if known) the telephone number of the visitor in question are stored. The legal basis for the processing of these data is that this is necessary for the purposes of the legitimate interests pursued by Marxman. In concrete terms, this legitimate interest consists of the fact that the information must be available should an incident occur during your visit (e.g. an eviction), but also to ensure more information is available if an incident has occurred (e.g. theft). It also enables us to perform and optimise our services. For reasons of workability, we will retain your data as long as the data of visitors whose visits are treated as business-related (see below). If you object to this, we will take immediate action and remove the details of your visit.

Where relevant, the name and employer of the attending visitor are also stored separately in order to be able to keep track of how many conversations an individual lawyer has conducted. A separate file is created for this purpose. The personal data will be deleted no later than six months after the relevant calendar year in which the visit took place.

There is a possibility that the personal data in question are regarded as case-related documentation. The retention period of case-related documentation has been included in this privacy policy as a separate section.

Verification of the client identities and client screening under the Wwft
On the basis of the Dutch Regulation on the Legal Profession (Verordening op Advocaten), we are obliged to identify our clients. Legal entities are identified on the basis 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 person (the starting point being that representation must always take place by a natural person), the client’s identity is, in principle, verified at Marxman’s office by means of a physical check of the client’s identity document.

In the event the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wet ter voorkoming van witwassen en financieren van terrorisme) applies to the service, we are also required to screen the client. The processing of personal data associated with these obligations (including making a copy of a passport) is necessary for the fulfilment of a legal obligation incumbent upon us. As a rule, this will involve regular advice, for instance in the field of real estate transactions or setting up legal structures.

Retention of records based on the tax retention obligation
Under the tax retention obligation, Marxman is required to retain its administrative data for seven years. Marxman may be obliged to retain your personal data under this retention obligation. In such a case, the processing is necessary in order to comply with a legal obligation. More information about the tax retention obligation (and the data that must be retained under this obligation) can be found on the website of the Tax and Customs Administration.

Preparation of reports of evaluation interviews with clients
Marxman regularly conducts evaluation interviews with clients in order to discuss the services provided by Marxman and to assess whether the client may be interested in other legal products or services. As a principle, a report is drawn up of the evaluation interviews. In principle, this report is retained for a maximum of ten years, calculated from the day on which the evaluation interview took place. The legal basis for the processing of these data is that this is necessary for the purposes of the legitimate interests pursued by us. In concrete terms, this legitimate interest consists of being able to assess and optimise the service for the client in question.

Please note that you can exercise your right at any time, including prior to the moment we draw up the report of the interview. Marxman will certainly comply with this, and will refrain from drawing up the report. You can also submit a request for the deletion of the relevant personal data. Marxman is required to assess whether it can comply with such a request for each individual request. The reason is that this is not always allowed. Both these rights are also discussed later in this privacy policy.

Retention of case-related information
Case-related documents are retained for a maximum of twenty years plus six months from the date the case is closed. The period of 20 years coincides with the limitation period for (professional) liability on the basis of Article 3:310 of the Dutch Civil Code. This retention period is also recommended by the Netherlands Bar Association in the instruction ‘Archiving for law firms’.

Sending documents
In many cases, the performance of the agreement requires us to send you documents containing personal data. For instance, this is the case with procedural documents or advice. As a starting point, all documents are sent to you by email. Emails are sent by email servers that support STARTTLS, DMARC, DKIM and SPF. This makes it possible to set up a secure connection with your receiving email servers (if they support this). It is your responsibility to ensure your email servers support a secure connection. If you want us to use a different form of sending the document, please contact us.

Photographs and videos of events
Marxman regularly organises events for existing clients and business relations. It is possible that photos or videos will be taken during the events. These photos or videos may be published on the website, in a newsletter or in any other communication of Marxman and/or of a partner who co-organises the event with Marxman. Marxman (and possibly the relevant partner) will also notify this at the time of the event and ask if there are any objections to the possible publication of such images. If possible, an objection will be immediately anticipated by not including the person in question in the images or by rendering the person unrecognisable. No later than five years after the event, we will stop actively publishing these photos. This does not alter the fact that it is possible that publications will remain available for a longer period of time in places where Marxman is not authorised to remove and/or change information.
The legal basis for the processing of these data is that this is necessary for the purposes of the legitimate interests pursued by Marxman (and possibly the partner with whom Marxman organises an event). In concrete terms, this legitimate interest consists of a commercial interest. Marxman (and possibly the partner with whom Marxman organises an event) has devoted a great deal of time and care to the organisation of an event. In exchange for organising and allowing you to attend the event, Marxman considers the aforementioned processing of personal data reasonable and justified. This allows Marxman to substantiate its active investments in its clients and business relations.

Please note that you can exercise your right at any time, including prior to the moment we contact you by telephone and up to the moment the photos and/or videos are taken or published. If you exercise this right, the actions to which objection is made will not be performed. Any actions taking place prior to the moment of objection will remain legally valid.

Event evaluation form
Evaluation forms may be handed out during the events. These evaluation forms contain a number of questions. The answers will provide us with useful feedback, which we can use for the organisation of a next event. In the evaluation form, we also ask you if you wish to sign up for our newsletters. On the evaluation form, you can also indicate if you want us to contact you about a specific subject and if you would like to be contacted by a specific person (for instance a speaker).

The following personal data can be entered on the evaluation form:
– First name;
– Last name;
– Email address;
– Telephone number.
Entering the personal data is not mandatory. If you do enter these personal data, it is possible for us to register you for our newsletters (if desired) or to contact you (or have you contacted) on a specific subject (if desired). By entering the personal data, you give us permission to do so. You can revoke this permission at any time. We will remove the evaluation forms as soon as possible, but no later than three months after the relevant event.

Sending emails about similar products or services we offer to existing clients
Existing clients are regularly informed by email about our legal products or services. The law (in particular the General Data Protection Regulation in conjunction with Article 11.7 paragraph 3 of the Telecommunications Act) allows sending existing clients communications about similar products or services you offer without asking for permission. At the bottom of the emails you will find a link that allows you to easily unsubscribe from all Marxman communications. The assignment confirmation also offers the possibility to indicate that you do not wish to receive emails about our legal products or services.

Newsletter
Marxman sends out newsletters with legal information on a regular basis. In principle, this newsletter will only be sent to you if you have given Marxman the corresponding permission. You can revoke this permission at any time (however, processing operations performed prior to the revocation will remain legally valid). To this end, the newsletter offers an unsubscribe option.

If you are an existing client, we may also send you the newsletter without your permission. For more information, please consult the section ‘Sending emails about similar products or services we offer to existing clients’.

Prospects
Marxman may collect data about potential clients (prospects). This takes place based on public sources, whereby we do not store more data than strictly necessary to match a possible proposition to the relevant prospect. The data will be stored for a maximum of two years, unless there is active contact with the prospect in question, in which case the data will be deleted two years after the last contact.

Retention of the personal data of applicants
Marxman may retain personal data of applicants. This may involve various personal data, whether or not provided by the applicant himself/herself. The starting point is that Marxman only processes the personal data that are necessary for the execution of the application procedure. The processing of these data is necessary for the purposes of the legitimate interests pursued by Marxman and by the relevant applicant. This legitimate interest consists of the possibility to execute the application procedure. The relevant personal data will be retained for a maximum of four weeks after receipt, or four weeks after the last job interview. Based on the applicant’s permission, this personal data may be stored for a longer period of time.

Retention period
This Privacy Policy specifies the retention period of personal data. If no explicit retention period has been specified, Marxman will not retain the personal data longer than necessary for the purposes for which they were collected and processed.

Cookies
Our website uses functional cookies. Without these functional cookies, functions such as your language preference do not work.

We also use analytical cookies on our website. In particular, we use the system of Google Analytics. The use of these analytical cookies is necessary for the purposes of the legitimate interests pursued by Marxman and by the visitors of the website. They allow Marxman to analyse, for instance, which pages are visited the most and how visitors came to our website. Marxman has taken measures to limit the traceability of visitors to our website to the extent possible. To this effect, Marxman has opted to mask the last so-called octet of the IP address. Other measures to ensure the privacy of the visitors to the website have also been taken. In Google Analytics, for instance, the function ‘share data’ has been disabled. Furthermore, Marxman does not use other Google services in conjunction with Google Analytics cookies. We have also concluded a processor agreement with Google. These measures are in line with the ‘Google Analytics Privacy-Friendly Setup Guide’ of the Dutch Data Protection Authority.

Our website does not use tracking cookies.

Security
Marxman has taken appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

With regard to the website, this means, among other things, that personal data sent to us via a so-called HTTPS connection is encrypted. Emails are sent by email servers that support STARTTLS, DMARC, DKIM and SPF. This makes it possible to set up a secure connection with your receiving email servers (if they support this).

The technical security of the computer systems belonging to Marxman was designed in consultation with a specialised IT company. Marxman has also taken various organisational measures. Marxman and its employees are also bound by an (internal) data processing policy, which includes specific instructions for employees on how to handle personal data.

Processors and other third parties
So-called processors and sub-processors may process personal data on behalf of Marxman. This includes the hosting company that hosts the website and takes care of sending the automatic confirmation and other emails. The processors and sub-processors act under the responsibility of Marxman and are not allowed to process the personal data on their own account. Your personal data will not be disclosed to other parties, with the exception of the parties described in this privacy policy. Your personal data will also be disclosed to other parties if the law or a court order requires us to do so.

Marxman is responsible for the information it collects in relation to its clients. It is therefore not necessary for Marxman to conclude a processor agreement with its clients.

Your privacy rights
The General Data Protection Regulation (hereinafter: ‘GDPR’) establishes a number of rights with regard to data privacy. You have the right to ask Marxman to access (Article 15 of the GDPR) and rectify (Article 16 of the GDPR) or erase (Article 17 of the GDPR) your personal data. You also have the right to ask Marxman to restrict the processing of your personal data (Article 18 of the GDPR). Under certain circumstances, you also have the right to transfer your personal data (Article 20 of the GDPR) as well as the right to object (Article 21 of the GDPR). More information on when you can exercise one or more of these rights can be found on the website of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).

If you wish to exercise one or more of these rights, you can contact us using the contact options mentioned above.

In addition to these rights, you are always entitled to file a complaint with the Dutch Data Protection Authority.

Changes to this privacy policy
This privacy policy is subject to change. It is therefore advisable to consult this privacy policy regularly. The current version of the privacy policy was last modified on 15 May 2019.