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Fiscale en juridische advisering van vermogende particulieren en ondernemers - Arcagna
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Privacy statement

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This statement provides information about how Arcagna B.V. handles personal data that are processed in the context of our activities and services.

Our contact details

Name of Firm: Arcagna B.V.
Address: Museumplein 5 E & F
Postal code / Place: 1071 DJ Amsterdam
Contact person: L.W. de Waard
E-mail address: lourens.dewaard@arcagna.com

Our services

Our firm only requests your personal data for the following purposes:

·       carrying out advice assignments or other tax or legal services;

·       complying with statutory tasks and obligations;

·       purposes for which you have specifically authorised Arcagna;

·       marketing purposes and business development activities; or

·       in the context of a job application procedure.

Your data will not be processed for other purposes without your permission.

Rules for personal data in notarial deeds

If our notarial department draws up a notarial deed with your personal data, the civil-law notary must comply with statutory rules. These affect the processing of personal data:

1.    The civil-law notary is obliged to include certain personal data in the deed, including your name and address details. Your data are therefore processed on a legal basis. 

2.    The civil-law notary is obliged to keep the signed deed with your personal data in perpetuity.

3.    Once the deed has been signed by the civil-law notary, it becomes an official evidentiary document. No further changes may be made even if the personal data is incorrect. If changes are necessary, the civil-law notary must draw up a new deed stating the change.

4.    The civil-law notary is obliged to check certain personal data in the Personal Records Database (BRP), the Trade Register and the Land Registry.

5.    The civil-law notary is obliged to check your identity. He must request valid proof of identity from you and make a copy of it with all the data on it. 

6.    Your personal data are subject to the professional secrecy of the civil-law notary and his employees. Unauthorised persons cannot access the data.

Advice and other services

We can advise you on a variety of subjects and matters, and the data we receive from you for this can therefore vary widely. We only process the data that we receive from you for the purpose of providing good legal and tax advice. We keep this data for the applicable statutory periods unless we need this data for a longer period of time in the context of ongoing legal proceedings or if we have made different agreements with you about this.

Tax return activities

We process your name and address details, contact details, salary details, company details, VAT number, citizen service number and all other financially relevant information needed to do your tax return. We do this in performance of the agreement that we have entered into with you. In principle, we will keep this data for the applicable statutory periods unless we need this data for a longer period of time in the context of ongoing legal proceedings or if we have made different agreements with you about this.

Marketing and business development

Arcagna also likes to keep you informed of fiscal and legal developments. We send newsletters, for example. We also regularly organise events for our clients. In this context, we use your personal data to send the newsletter and provide information, for example, or the invitation and confirmation of participation in an event organised by Arcagna.

Arcagna will only use your data if you have provided your data to Arcagna for this purpose, for example, by registering for a newsletter or registering for an event.

The personal data that Arcagna receives from you for sending newsletters will be kept until you indicate that you no longer wish to receive a newsletter.

Website

Contact form

You can ask us questions or make requests via the contact form on our website. You must fill in your name, telephone number, e-mail address and write a message. We will keep this information until we have contacted you and answered your question.

Cookies

Our website only uses cookies to keep statistics so that we can gain insight into the use of our website.

Source of processed personal data

If our firm processes your personal data that we have not received from you, this is always done in the context of the assignment given to us. The source of that data will then be one of the following:

·       public registers, including the Land Registry, the Central Register of Wills, the Trade Register, the Matrimonial Property Register, Personal Records Database (BRP);

·       information available on the Internet;

·       other advisers assisting you (such as, for example, a tax adviser, accountant or broker) or advisers in connection with a transaction in which you are one of the parties;

·       a donor/testator/donee;

·       a financial institution;

·       your contract party.

Passing on your personal data

Our firm will only pass on your personal data to others (third parties) if this is required by law or if this is necessary to carry out our work for you.

Arcagna also provides personal data to the recipients/parties depending on the services we have provided, such as: the Land Registry, the Central Register of Wills, the Central Register of Living Wills, the Trade Register, the Tax Authorities and other registrars.

E-mail addresses

In the context of our services, Arcagna may use your e-mail address in e-mails that also involve third parties relevant to this service (in CC), such as your contract party, adviser or other interested parties.

Retention of your personal data

Your personal data will not be kept by our firm for longer than necessary for the purpose for which they were collected, for the performance of legal tasks and the fulfilment of legal obligations or for the performance of agreements (such as limitation periods). Retention periods ensuing from legal provisions such as the Notaries Act and the Archives Act apply. Notarial deeds are kept in perpetuity.

Data security

Arcagna B.V. uses prudent security procedures to protect the processed data, among other things, to prevent unauthorised persons from unintentionally gaining access to this data. This means we ensure that only those persons who need it have access to your data and that access to your personal data is protected.

Your rights with regard to personal data processed by us

When your personal data are processed by our firm, you can exercise the rights below based on the General Data Protection Regulation.
You can do this by submitting a request (preferably in writing) via the contact details in this privacy statement. Before we grant your request, we must first identify you by means of a valid proof of identity.

Right to access of the data subject

You can always ask what personal data our firm is processing of yours, for what purpose and for how long they are kept. There may be a legal basis that prevents us from complying with your request. We will evaluate this and inform you accordingly.

Right to rectification

If you believe that certain data have not been processed correctly, you have the right to request rectification of these data. This is not possible if it concerns data in a notarial deed, and a new deed will have to be drawn up to supplement the incorrect deed.

Right to erasure of data (right to ‘be forgotten’)

If you want us to delete your personal data, you can submit a request to our contact person. If the data are in a notarial deed, the civil-law notary may not delete them.

Right to restriction of processing

If you want to restrict the processing of personal data by our firm (pending rectification of your personal data requested by you, objection made to processing or because you do not want data to be deleted even though the processing is unlawful), you can contact our contact person to file a request.

Right to portability of data

If your personal data are not processed for a notarial deed, and you want to transfer the personal data to another service provider, you can submit a request to our contact person. However, such a transfer is not always possible since legal and notarial obligations may preclude this.

Possible restrictions on exercising your rights under the General Data Protection Regulation

Our firm makes every effort to comply with your rights under the General Data Protection Regulation. However, it is possible that these rights conflict with other legal provisions such as the Notaries Act. If for that reason, the civil-law notary is unable to comply with one of the aforementioned requests, you will be notified in writing.

Complaints about the processing of your personal data by our firm

If you have complaints about our firm’s processing of personal data, please contact our contact person mentioned above. You also have the right to file a complaint with the supervisory authority, the Dutch Data Protection Authority; To do this, please see the website www.autoriteitpersoonsgegevens.nl.

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