Finway B.V. (hereinafter also referred to as: "Finway", "we", "us" or "our") attaches great importance to the protection of your privacy and the security of your personal data. We process your personal data in our role as data controller in accordance with the General Data Protection Regulation ("GDPR"). In this privacy and cookie statement (the "Statement") we describe how we handle and protect your personal data. In the event that we intend to use your personal data for processing purposes other than those described in this Statement, we will of course actively inform you of this in advance. This Statement also describes the type of cookies we use.

This Statement is intended for individuals from whom Finway processes personal data. In particular clients of Finway, prospects of Finway and people applying for a job at Finway. It is important that you read this Statement carefully.

What is personal data and what personal data do we process? 

Personal data is any information relating to an identified or identifiable natural person (the data subject). We process the following personal data:

• basic data such as your first and last name, middle name, title;
• contact details such as your e-mail address, postal address and telephone number;
• data for billing purposes, such as your bank account number;
• other personal data that you provide to us in connection with our legal services, which - depending on the legal services requested - may also include special and/or criminal data;
• personal data that we may need to request on the basis of the Money Laundering and Terrorist Financing Prevention Act ("Wwft") before we can provide our legal services;
• personal data that you provide to us for the purposes of a job application, such as your first and last name, date of birth, address, telephone number, nationality, marital status and any other personal data specified in your application; 
• technical data, such as your IP address, data about the device you use to visit the website and the web pages you view. 

How do we obtain your personal data? 

In most cases we obtain your personal data from you. For example, you provide data when entering into an agreement with us, by giving us your business card, by visiting our website or by applying for a job. We may also obtain your personal data from other sources, such as a relevant lawyer or advisor, counterparties, the Trade Register, Land Registry or by using public sources.

Why do we process your personal data? 

Finway processes your personal data for the following purposes: 

Legal services

The main reason why we process your personal data is for the purpose of providing legal services for the execution of the contract of engagement entered into with you, or for the preparation or completion thereof. We will only process your data insofar as this is necessary for the provision of services, including maintaining contact about the files to be handled, performing the work requested and required within that framework and the associated administration and invoicing.

Statutory obligations and professional rules

Finway also processes personal data to be able to comply with the legal obligations and legal profession regulations and the code of conduct that apply to lawyers. This concerns in particular the processing of personal data for the purpose of client identification, verification of provided data, carrying out a client investigation pursuant to the Wwft and to be able to comply with certain administrative requirements. 

Marketing and business development purposes

In order to maintain and expand our circle of (potential) clients, partners and suppliers, we may approach you with information which we think may be of interest to you or your company, including news items and publications.

Ease of use and improvement of website

To monitor and improve the content and use of our website, we collect and analyse the browsing behaviour of visitors to our website. 

Satisfaction surveys

We find it important to know what you think of our services. That is why, after completing an assignment, we may invite you to complete a customer satisfaction survey. 

Applications

If you apply for a job with Finway, you provide us with certain personal data, which we will use to assess the application and contact you about it. We will retain the data you provide for this purpose until four weeks after the end of the application process at the latest, unless you give us permission to retain the data for a longer period. 

On the basis of which grounds are personal data processed? 

Finway processes your personal data on the basis of one of the following principles in the GDPR: 

• for the preparation or execution of a contract (of assignment) concluded with you (or the company for which you work); 
• because of a legal obligation; 
• because of a legitimate interest, whereby we have carefully weighed your interest in the protection of your personal data against our interest in processing these data; and/or 
• with your permission. 

With whom do we share personal data? 

In certain cases, it may be necessary for us to share your personal data with third parties for the purposes described above. For example, for the purpose of being able to run a law firm practice (document management, CRM and invoicing system), for handling your file (counterparties or advisors) or to be able to comply with a legal obligation (supervisory authorities).

With regard to these third parties to whom we may provide your personal data, two situations may occur: 

• The third party is itself also a data controller and is therefore responsible for the processing of that data. This is, for example, the case with other law firms with whom Finway cooperates.
• The third party is regarded as a processor for Finway. In that case Finway concludes a processor's agreement with this third party. The processing agreement complies with the conditions set out in the GDPR. This is the case, for example, with the supplier of Finway's document management, CRM and invoicing system (Wolters Kluwer Nederland B.V.).

How long do we keep your data? 

Finway does not retain personal data longer than is necessary for the purposes of the data processing referred to above. Finway may keep the personal data for a longer period if this is required under laws and regulations (e.g. tax regulations or the Wwft) and the code of conduct applicable to Finway and its lawyers. Finway may also retain the personal data for a longer period if it has a legitimate interest in doing so in connection with the defence against possible (legal) claims or disciplinary complaints. 

Your personal data will be removed if:

• it appears that your e-mail address is no longer in use (for example, when error messages are received); 
• your personal data are processed and/or saved on the basis of permission and you withdraw your permission; 
• the basis on which your personal data is processed ceases to exist (for example, if your company ceases to exist or if you have not been a customer of Finway or had any contact with Finway for a period of five years); 
• the statutory retention periods for your personal data have expired. 

How is your data protected? 

Finway wants your personal data to be as secure as possible. Finway has taken appropriate technical and organisational measures to protect your personal data against loss or any form of unlawful processing. 

What rights do you have as a data subject?

As a data subject, you can request to see the data that we process about you. You also have the right to request that Finway amend or delete your personal data if it is not or no longer correct, or if the processing of such data is no longer justified, or to withdraw any permission previously granted. You can also object to the processing of your personal data or have it restricted. Furthermore, you can request Finway to transfer your personal data to a third party. A request for inspection, correction, restriction, opposition, transferability of data, deletion of your personal data, withdrawal of previously granted permission or an objection can be

made in writing to Finway, H.J.E. Wenckebachweg 123, 1096 AM Amsterdam or by e-mail at info@finway.nl. We will always assess on the basis of a submitted

request whether we can comply with your request under the AVG and inform you of the outcome of this assessment. In case of rejection of your request, Finway will explain the reasons for the rejection to you. Reasons for rejection may include, for example, the legal obligation of lawyers to maintain secrecy and the legal retention periods. Finally, you have the right to file a complaint with the Dutch Data Protection Authority (www.autoriteitpersoonsgegevens.nl).

What cookies are used? 

Cookies are small (text) files that are sent when websites are used and that are stored on your computer, tablet or mobile devices. When using the website, Finway sends cookies and places them on your devices. Cookies already placed on your devices can also be read. 

The Finway website makes use of functional and analytical cookies or comparable techniques. These are cookies that are necessary to display the website properly and to increase its ease of use, such as cookies that detect whether you are viewing the website from a desktop or mobile device and adjust the display of the website accordingly. Permission is not required for the use of functional cookies. [text add analytical cookies] 

You can easily delete cookies via the settings of your own browser, as a result of which any previously given permission is also withdrawn. However, please note that the deletion of cookies may reduce the ease of use of the website. 

The Finway website contains certain social media buttons (e.g. from LinkedIn, enabling you to view the LinkedIn profile of Finway and the lawyers working at Finway in a quick and easy manner). The Finway website may also contain hyperlinks to third-party websites. Finway is not responsible for the processing of personal data through these social media channels and websites of third parties. This Statement therefore does not apply to them. Visiting such social media channels and websites is thus at your own risk and Finway advises you to consult the privacy statements applicable to them when visiting the social media channels and websites of third parties. 

Amendments

Finway may amend the contents of this Statement at any time without prior notice. You can view our Statement on this website at any time. We recommend that you do this regularly and in any event at any time when you provide us with personal data. 

Contact

Do you have any questions, comments or complaints about this Statement, the processing of your personal data and/or the use of cookies? Please send an e-mail to info@finway.nl or contact us by telephone on +31 20 308 65 50.

This Statement was last amended on 1 May 2021.