1. Introduction
We use personal information about you in our collection activities. In this privacy statement we explain what personal data we collect, use and store and for what purpose.
Groot & Evers is responsible for the use of your data. In doing so, we must comply with the applicable laws and regulations (see appendix “Laws and regulations”).
Our contact information:
Groot & Evers
PO Box 22259
1100CG AMSTERDAM
Phone 020 – 40 80 453
Email info@groot-evers.nl
2. Who we collect data from
We collect and use data from the debtor. That is you or you and your partner if there is a joint debt. If you are represented by another person, for example an administrator, debt counsellor or lawyer, we will also collect a limited number of (contact) details from this person.
In the case of a minor with a debt, we also collect and use the data of the parent(s) or guardian.
3. Why we collect data
According to our client, you have an outstanding debt. The client has asked us to collect the debt. You have to do something or participate in something for this. We are therefore looking to contact you and need your contact details for this.
If we need to summon you to appear in court or send you an official document, we have a legal obligation to request information about your official place of residence. We also have a duty to check whether there is a special debt situation.
When seizing your assets, we need to know what they are and whether they have already been seized. When garnishing your income, the bailiff is obliged to check whether a seizure has already been made and he must determine the seizure-free rate.
4. Information Collected by Us
4.1. Information provided by the client
The company, person or organisation that still receives money from you (the client) has instructed us to approach you. The creditor provides us with your contact details, information about the outstanding invoice and the amount involved. The invoice may contain special personal data (see appendix “List of personal data” and “Special personal data”).
4.2. Information provided by you to us
There is information you give to us in emails, letters, phone calls, conversations at the door or at our counter. We use this information if it is important for collecting your debt.
If you have corrections to a garnishment-free rate determined by us, you can pass this on to us. You will then provide additional information for this, which we use to recalculate the seizure-free rate.
Special data
We never ask for special personal data such as information about your origin, religion or health. It is possible that you provide us with special personal data without us asking for it and that it is not important for the collection of your debt. We don’t store them and we don’t use them. Sometimes special personal data is important to you and us, then we can use it (see appendix “Special personal data”).
Your overview of income and expenses
If we agree a payment arrangement with you, we will send you a form to report your income and expenses to us. We use the information you put on this form to see if the proposal you make is reasonable and to determine the weekly or monthly amount you must pay us to pay off the debt.
We also use the data on the income and expenditure form and all seizures you send us to determine the ‘Seizure-free rate’ for you (see appendix ‘Seizure-free rate’).
4.3. Data that we collect ourselves
The bailiff may use special data sources. This is allowed if he is preparing a court case or if he has a judgment (or other title) against you.
Data when preparing for a lawsuit
The bailiff checks your address details in the ‘basic registration of persons’ and is obliged to request your citizen service number. The bailiff also checks the digital seizure register. This includes information about whether your salary or house has been seized. The bailiff sees who (which bailiff) has seized, the type of seizure and the amount for which the seizure has been levied.
Information if there is a verdict
The bailiff checks your address details in the ‘basic registration of persons’.
The bailiff collects your citizen service number and requests an overview of your employers in recent years. He will also see if you receive a benefit (from the UWV). We ask your employer for information about your salary, among other things.
We ask the tax authorities for information about benefits you receive from the tax authorities.
The bailiff can also view the ‘basic vehicle register’ and see if there is a vehicle that can be seized. He receives the license plate number and information about the make, type and colour of the vehicle from the basic register.
In his work, the bailiff also consults the Debt Assistance Reference Index to see whether you are registered with a debt assistance agency.
Information from a home visit
As part of our work, we also visit your address, for example to leave an official document (for example a summons). The bailiff can make a note about the visit.
Public sources
We also consult public sources for our work, such as the Central Insolvency Register, the guardianship and administration register and the matrimonial property register.
4.4. CCTV
For your and our safety, we have camera surveillance at the counter in our office in Amsterdam at Hogehilweg 4. These images are deleted after a maximum of 3 weeks.
The data is stored on a so-called stand-alone disk. This is secured with an access code and has no connection to the internet.
Data for calculating your seizure-free threshold.
The bailiff uses a mandatory calculation module to calculate the seizure-free rate. The calculation module uses your citizen service number and retrieves your income data from the UWV. We then process, among other things, your address details, living situation (e.g. married), income details and the established seizure-free rate.
5. Why we may collect and use your information
When collecting an outstanding debt, the bailiff always works on behalf of someone else (the client). The client has provided you with a product or service and is now trying to get payment from you. We are allowed to collect and use data from you because you still have to comply with the agreement with the client.
When preparing for a court case and in our official work, we are required by law to check your address in the basic register of persons.
If you fail to pay, the bailiff may check whether he can seize your income or assets. To do this, he consults various registers and uses this data. The bailiff can issue official documents and make seizures. We also use personal data for this. This use falls under the exercise of public authority. This is a task that the government has assigned to the bailiff (see appendix “Basic principles”).
6. Who we share data with
6.1. What we share with our client
In our work we have a lot of contact with the client. We provide the creditor with information about payments you have already made to us, about payment arrangements we agree with you and if you object to the debt, for example. We also provide the client with information about a contact moment with you, for example the date and type of a letter sent to you or a telephone conversation.
6.2. Passing on data to another bailiff or seizing party
We sometimes share your data with other bailiffs’ offices in the Netherlands. For example, if you live in an area where we do not work regularly and we still want to get in touch with you. The data we share is address data, data from a summons or summons or data from a judgment or seizure. The fellow bailiff is subject to the same laws and regulations. And the colleague is fully responsible for processing your data. If you have any questions about your data, please contact us or our colleague.
If another seizing party (for example the tax authorities, the UWV or a colleague) seizes the property, they can request your seizure-free rate from us.
6.3. Digital seizure register
If we, as bailiffs, levy a seizure, we must record in the digital seizure register, among other things, who is liable for the seizure, the type of seizure and the amount. The digital register of seizure falls under the responsibility of the Royal Professional Association of Judicial Officers (KBvG).
6.4. Moving company and locksmith
In the event of an eviction, we call in a locksmith and a moving company. We only provide the locksmith and the moving company with the date of the eviction and the home address.
6.5. Sharing your data outside the Netherlands
When it concerns a foreign client, we share information with this client. If you are located in another country, we will engage a party in that country to collect the debt on our behalf. We then share the data necessary to carry out the assignment with that party.
All European countries, Liechtenstein, Norway and Iceland (the European Economic Area) are subject to the same legislation when it comes to the protection of personal data (See appendix “List of parties with whom we share data”).
7. How We Protect Your Information
We take appropriate security measures to protect your data. In doing so, we pay particular attention to ensuring that your data does not end up with others and that no one has access to our systems and your data. We regularly have our security measures checked (see appendix “Security measures”).
8. How long we keep your data
We do not store your data longer than necessary. In many cases we have a legal obligation to retain data. In general, this legal obligation is 10 years.
9. What rights you have
The personal data is data about you. We consider it normal that you should know exactly what data we have about you (right of inspection). If there are errors in the data, you may ask us to correct them (right to correction). You may also request that your data is no longer used (objection to processing) or even to delete data about you (right to erasure of data). You can make these requests about your data via our website or you can contact our data protection officer.
Right of inspection
You may ask us what information we have about you. You can ask this question via our website or by email to the data protection officer. We will then send you an overview of all personal data we have from you within 4 weeks (click here to go to the form for inspection, change or deletion).
Right to correction
It is important that your data is correct. You may ask us to correct or supplement your personal data. This is possible if this data contains errors or is incomplete. After our own check, we immediately implement these changes. You can submit a correction via the form on our website or contact our data protection officer if you want to change data (click here to go to the form for inspection, change or deletion).
Object to the use of your data
You can ask us to stop using your data. We will always review this request carefully, but often still have the authority to continue using your data. We use your information to obtain payment from you. If you wish to object to the use of your data, please contact our data protection officer.
Right to erasure of data
You may ask us to delete your data. You may also direct this question to our data protection officer. In most situations, we have a legal obligation to retain data for a number of years. In that case, we cannot delete that data. We will always review your request carefully and let you know if we can delete data from you. If that is not possible, we will state the reason. (click here to go to the form for inspection, modification or deletion).
10. Where to go with questions
The data protection officer is the person at our office who ensures that we handle your data properly and protect it properly. If you have any questions, you can contact him/her.
Contact details data protection officer
B. van Gerven
Akturion
Nachtegaalslaantje 1
5211 LE ‘s-Hertogenbosch
Phone: 073-8505603
Mail: info@aqturion.nl
11. How to file a complaint
If we collect data from you and you are dissatisfied with this privacy statement or the way in which we handle your data, you can submit a complaint to our data protection officer, Mr B. van Gerven (see point 10). If this does not lead to a satisfactory solution, you can also submit a complaint to the Dutch supervisory authority, the Dutch Data Protection Authority.
Authority for Personal Data
Visiting address (only by appointment)
Hoge Nieuwstraat 8
2514 EL The Hague
Opening hours: on working days from 09:00 to 12:00 and from 14:00 to 17:00
Mailing address
PO Box 93374
2509 AJ The Hague
Tel: 0900 200 12 01 (usual telephone costs)
12. Adjustment of this privacy statement
We ensure that this privacy statement is up to date. We adjust this statement if we collect new or different data, provide it to new parties or if there are changes to retention periods or security measures.
All documents listed as attachments, and definitions of certain terms used, can be downloaded here.