Effective May 2018
Your privacy is important
We, Dutch Trust Management (DTM), respect the privacy rights of all our clients. This privacy statement outlines the personal information that DTM holds and processes and where necessary, discloses to third parties.
DTM is a data controller who is dedicated to being a guardian of information that is provided to us and the information that we gather over the course of operating our business. We assure our clients that their personal information is dealt handled, with integrity and confidentiality. DTM will process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and other Dutch national applicable privacy laws.
This privacy statement is issued by DTM (The Netherlands, 1077 XX, Strawinskylaan 1431, Amsterdam) and applies to DTM. Please read below about how DTM processes and stores your personal data.
This present privacy statement describes:
- What is personal information?
- Why is such information requested and gathered?
- Consent – Prospective clients
- Client Personal Information
- Other information about you, not received by you
- No to cookies
- Who has access to your personal data?
- Retention Period
- Location of your personal data
- Security measures
- What are your rights?
- (Outside) the Economic European Area?
- How can you exercise your rights?
- Revision of the Privacy Statement
- Questions and Comments
1. What is Personal information
Personal information is information relating to an identified or identifiable natural person, (the Data Subject). This includes any information that can be used to identify or be linked to a Data subject.
2. Why is such information requested and gathered?
Where applicable, DTM will differentiate between personal information that are optional and those that are mandatory to obtain due to legal grounds. Below are a few examples of legal grounds for obtaining personal information on the Data Subject.
- Performance of a contract – In order to fulfill our legal obligations, we may need to collect and use your personal information to enter into a contract with you or to perform a contract that you have with us. In short, we gather information to be able to provide services to the clients of DTM.
- Consent – you have voluntarily provided us with such information. This will allow us to correspond with you. Maybe you could be interested in future endeavors with us or receiving newsletters from us?
- Legitimate interests – The necessity to process data on the basis of the legitimate interests pursued by DTM.
3. Consent –Prospective clients
Optional data provided by you is usually given voluntarily and by consent. You can think of information gathered for networking purposes at seminars and conferences. Such personal data will usually concern personal information such as, your name, your contact information, your job title and the organization with which you are affiliated.
Since contact information has been provided by consent, communication exchange (such as, email, telephone or in person meetings) is data that we will likely retain, unless otherwise communicated by the Data Subject.
In the case that a Data Subject is considered as prospective client, additional information may be gathered about the Data Subject and the company you are affiliated to, from public sources, such as the internet and/or screening database. This will only occur when the data subject explicitly makes clear that they would like to consider a business relationship with DTM.
4. Client Personal Information
Other personal information is gathered from clients. In some instance, some personal information will largely depend on the services we provide to that client in particular. This includes, but is not limited to:
- Name, address and contact details;
- Date of birth and place of birth
- Marital Status
- Personal information of the company you are affiliated to – employment status;
- Compliance documents;
- Copy IDs of relevant persons;
- Screening results of relevant persons;
- Business information – Structure and activities of the company at hand, bookkeeping and accounting information;
- Bank accounts and transfer amounts;
- Tax information;
- Contracts between DTM and the client;
- Relevant correspondence;
Please note that if you provide us with personal data (for example by sending an email or by asking for information via mail forms), DTM will use your data to respond to your request, and for further reference purposes.
5. Other information about you, not received by you
DTM may receive information about you from other sources, examples can include press alerts on press concerning our clients and data subjects. The latter is based on the legal grounds: Legitimate interest, public interest, performance of contract and legal obligation.
This applies to existing clients as well as identifying new clients. The information we may receive is governed by the privacy settings, policies, and/or procedures of the applicable online media platform.
Unlike the majority of the sites of other companies, the website of DTM uses 1 google-analytics cookie. This means that we can see who has accessed the website, the IP, the browser type, the country etc. However, generally speaking DTM does not use this functionality.
7. Who has access to your personal data?
DTM may share the personal data of clients with the employees of DTM in order to perform the contract between DTM and the client. Access to personal data is granted with the sole intention of providing proper legal services as stated in the Management, Administration and Domiciliation agreement, signed by the client.
In some cases, personal information will not be disclosed to third parties unless for the following reasons, (i) with your prior consent (ii) and/or for public interest:
- To our third party service providers that perform services on our behalf. This may include banks, advisors, tax authorities, notaries, chamber of commerce, potential transactional partners and counterparties.
- This may also include third parties in connection with the consideration, negotiation, or completion of a transaction in which clients are acquired by or merged with another company. Examples may include the sale, liquidation, or transfer all or a portion of assets as required by applicable legal or regulatory requirements or court order.Such acts are therefore made on behalf of the client, with the knowledge of the client, based on the necessity of the execution of a contract.
- We may also in limited situations share personal information with government authorities, law enforcement etc. DTM will do the latter where required to protect the interests of DTM. If such circumstances are to arise, DTM will take reasonable efforts to notify you before such information is disclosed, unless proper notice is prohibited by applicable law.
8. Location of your personal data
We store your personal data in several different locations.
- Our server – this can and will only be accessed by employees of DTM through their own account. Each account is secured with a password and therefore no-one other than the DTM employees and the IT third party of DTM, who have all signed confidentiality agreements, have access to this data. The same applies to working emails
- Hard copies – for the sake of the compliance files that we have for each client, personal info are printed and put in the folder. These folders are stored in locked closets. Only our employees may access these closets.
- CRM – CRM is an internal database that DTM uses. This database essentially belongs to Strik Attorneys and Tax Advisors (SAB) however DTM makes use of it. This is due to the fact that SAB, a reputable law firm, provides legal and tax services to majority of the clients managed by DTM. SAB and DTM therefore work closely together.The information found in the section of DTM in the CRM database concerns information related to the client company. This will include the following information:
- Name of company;
- Date of incorporation;
- Chamber of Commerce number;
- Country of client company;
- Kind of entity;
- Name of managing director company;
- Service DTM provides to client;
- Agreements received from the client;
- Activities of client company;
- Whether the client has employees (please note, no personal information on employees are stored in the database);
- Info about the group structure;
- Law supervisory related questions;
- Whether the client has a bank account (in the Netherlands);
9. Retention period
DTM will process and store the relevant personal data for the duration of our services or for the duration of the business relationship. DTM may also store the data for as long as it is necessary or required in order to fulfill legal, contractual or statutory obligations and, or for the establishment, exercise or defense of legal claims and in general where it has a legitimate interest for doing so.
10. Security measures
DTM has a suitable technical and security measures to protect the security of your personal information against the loss, misuse, unauthorized access, disclosure, alteration, unauthorized modification or unlawful destruction or accidental loss.
Where necessary, in the unlikely event that the latter may occur, DTM will inform respected persons with no further delay and the Dutch Data Protection Authority.
DTM complies with any data breach requirement set forth by the national Authority Persons. DTM has a Data breach protocol in place.
DTM is committed to ensuring the security of your personal data. DTM take appropriate commercially reasonable technical, physical and organizational measures to prevent unauthorized or unlawful processing of your personal data or accidental loss or destruction of your personal data.
DTM will ensure a level of security suitable to the identifies risks and pursuant to applicable Data Protection Laws and where the Processing concerns personal data of EU residents, shall take measures required pursuant to article 32 GDPR.
Employees of DTM will handle your personal data with utmost respect and they will treat your personal data strictly confidential. Staff member shall be authorized to access personal data only to the extent necessary to serve the applicable legitimate purposes for which the data are processed by DTM and to perform their job.
11. What are your rights?
As a Data Subject, you have the following rights at DTM:
- The right to be informed about processing activities (elaborated upon in general conditions);
- The right to access your personal data;
- The right to rectification;
- The right to object to (part of) the processing activities;
- The right to erasure of your personal data (the right to be forgotten) ;
- The right to restriction to (part of) the processing;
- The right to data portability;
- The right to compensation in case of violation of your privacy rights;
At the start of any business relationship between DTM and a client, DTM informs the client which documents will be needed to proceed with extending services. In this regard, clients are informed beforehand about processing activities that are to take place, and are aware that such documents are necessary to collect before performing the tasks of the contract.
If you choose to exercise any of the above mentioned rights, please reach out to us on the below email found under the “questions and comments” section. Please title your emails with “Data protection” plus your request.
12. Outside the European Economic Area (EEA)
It certain cases DTM may transfer personal data to other third parties outside the European Economic Area, (EEA), in order to service the client. The data is always transferred subject to the consent of the client.
If disclosure or transfer of personal data is being done in a country that does not ensure an adequate level of protection of your personal data, DTM will make sure additional safeguards will be put in place.
13. How you can exercise your rights
You have the right to access, delete, correct or update the personal information or making inquiries about the processing of such information by contacting us through the email stated below.
DTM will provide you with access and review your personal information under applicable data protection and privacy laws within a reasonable timeframe. This will take place within one month from the receiving date of the request.
DTM acknowledges that data subjects have a right to apply for a copy of the information we hold about you, the first time you request for this information, no charges will be made, however if it is a repetitive request, DTM will then charge an administration fee. Before processing your request, DTM may verify your identity prior to disclosing any personal information to you.
Please feel free to contact us using the contact details below if you would like any corrections made to your information.
14. Revisions to the Privacy Statement
DTM reserves the right to change this Privacy Statement from time to time. Please check the Privacy Statement frequently and particularly before you submit additional personal information through the colleagues of DTM. All revisions to this privacy statement will be reported on the website via a link from the homepage. We will also place the effective date.
By visiting the Website(s) you are accepting and consenting to the practices and provisions set out in this privacy statement.
15. Questions and Comments
For any question about our privacy statement, or if you need assistance accessing or updating information we have collected about you, please contact us at the below email or address.
1077 XX Amsterdam