AVG Privacy statement

established for Van der Meulen Kock & Ubachs Notarissen at Waddinxveen.

This statement provides information on how our office handles personal data processed in the context of our activities and services.

Our contactdetails

Van der Meulen, Kock & Ubachs Notarissen
Limaweg 15
2743 CB Waddinxveen

Contactperson: mr. R.H. Boertje
Email address: info@notarissenwaddinxveen.nl

Our office requests your personal data for the following purposes only:
a. to perform advisory engagements or other services;
b. to fulfil statutory tasks and obligations;
c. for the purposes for which you have specifically granted permission.

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

Personal data are requested for the purpose of drawing up a notarial deed or for performing another engagement.

If our office draws up a notarial deed using your personal data, the civil-law notary must comply with the legal regulations governing the processing of personal data:

1. The civil-law notary must include certain mandatory data, personal or otherwise, in the deed. Your personal data are therefore processed on a legal basis;

2. The civil-law notary must retain the signed deed containing your personal data in perpetuity;

3. As soon as the civil-law notary signs the deed, it becomes an official document. This means that no further changes may be made to it, even if the personal data are incorrect. If changes need to be made, the civil-law notary must draw up a new deed in which the change is incorporated;

4. The civil-law notary must perform a mandatory check of certain data, personal or otherwise, in the Persons Database (Basisregistraties Personen, BRP), the Commercial Register (Handelsregister) and The Netherlands’ Cadastre, Land Registry and Mapping Agency (Kadaster);

5. The civil-law notary must perform a mandatory check of your identity and will therefore request you to present a valid identity document. The civil-law notary is one of the few authorised to photocopy identity documents including all the data contained therein;

6. Your personal data are subject to the civil-law notary’s obligation of professional secrecy. Unauthorised parties have no access to your data.

The following applies to the processing of personal data for other purposes by our office:
The purposes and corresponding legal bases for the processing of personal data for the requesting, collecting, consulting, using, storing for the preparation and handling of deeds (file) are as follows:

– to draw up notarial deeds or private contracts;
– a legal basis or execution of an agreement.

If our office processes personal data relating to you, which we have not received from you, this will always take place in the context of the engagement assigned to us. The source of those data will be one of the following:

1. public registries, including The Netherlands’ Cadastre, Land Registry and Mapping Agency and the Chamber of Commerce;

2. a real estate agent or other adviser in connection with a purchase agreement, to which you are one of the parties;

3. donor;

4. accountant;

5. a director of a legal entity of which you are a direct shareholder or certificate holder in connection with a (purchase)agreement in which you are a party as shareholder or certificate holder;

6. one of the other heirs or the executor in a heritance;

7. a judicial decision or order which has become final.

Our office will forward your personal data to other parties (third parties) only if this is required by law or if this is actually necessary for the execution of the activities.

Our office provides personal data to the following recipients:

1. KNB;

2. parties which are enabled by chain partners (real a state agents, advisors for the mortgage etc., with the permission of the client)

3. Tax Office;

4. Holder of registers.

Our office does not forward personal data to non-EU countries nor to international organisations.

Our office will not retain your personal data any longer than necessary for the purpose for which they were collected, for the execution of statutory tasks and compliance with statutory obligations or for the fulfilment of agreements (for instance, due to time limits). The retention periods stipulated in statutory provisions, for instance those of the Dutch Civil-Law Notaries Act (Wet op het notarisambt), apply. Notarial deeds are retained in perpetuity.

If your personal data are processed by our office, pursuant to the General Data Protection Regulation (GDPR) (EU) 2016/679, you may exercise the rights stated below.

To that end, you must submit a request (preferably in writing) to the contact address stated in this privacy statement. Before granting your request, we will confirm your identity on the basis of a valid identity document first.

Right of inspection by the data subject
You can always enquire which personal data our office processes, for which purpose they are used and how long the data will be retained. In the event that there is any legal basis that precludes us from complying with your request, we will assess this and inform you accordingly.

Right to rectification
If you believe that certain data have been incorrectly processed, you have the right to request rectification of the data. This is not possible, however, if the data are used in a notarial deed, in which case a new deed must be drawn up as an addendum to the incorrect deed.

Right to erasure (right to be ‘forgotten’)
If you wish to have your personal data erased, you may submit a request to that effect. If the data are included in a notarial deed, the civil-law notary is not permitted to erase the data.

Right to restriction of processing
If you wish to restrict the processing of personal data by our office (pending rectification of your personal data at your request, an objection lodged against processing or because you specifically do not wish to have data erased even though processing of the data is unlawful), you may submit a request to that effect.

Right to data portability
If your personal data are not processed for the purpose of a notarial deed and you wish to transfer the personal data to another service provider, you may submit a request to that effect. However, please note that such a transfer may not always be possible due to incompatibility with the statutory notarial duties.

Right to object
If we use your data for direct marketing purposes, you may lodge an objection against such processing.

Our office will make every effort to fulfil your rights under the General Data Protection Regulation (EU) 2016/679. However, in some cases these rights may conflict with other statutory provisions for instance those of the Dutch Civil-Law Notaries Act. Should the civil-law notary for this reason be unable to fulfil a request relating to the rights described above, you will be notified accordingly in writing.

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