This is the privacy statement of drs. J.L. van Wesemael-Smit , based at Badhuisweg 40, 2587 CJ in The hague, The Netherlands (further herein: the 'mediator' or 'we'. This privacy statement applies to the processing of personal data of our clients, potential clients and other persons visiting our website or being in contact with us.
The mediator is responsible for processing your personal data and in doing so will do it with the greatest possible care and obviously comply with the rules arising from the GDPR.
Which personal data do we process?
If you give instructions to the mediator, the mediator will process personal data which you and the other party(ies) in your case provide to the mediator. These are in any event your contact details such as your name, address, e-mail address and telephone number. Moreover, there are personal details which are relevant to the file. Depending on the subject of the mediation, this might also be sensitive and/or special personal data.
If you give us instructions, we also process data which are necessary for sending invoices and processing payments for the services which the mediator performs. Apart from your contact details, this relates to your bank account and any other payment details.
If you contact us, via e-mail or by phone, we process the data you provide. This then relates to the contact details you give us (name, e-mail address, telephone number) and the reason why you contact us (for instance because you have a question).
Analysis of website visitors
Finally, we process analytical data about (the computers of) visitors to our website via cookies which are placed when you visit the website. Via these cookies (a part of) the IP address of the visitor will be stored.
For which purposes and on what basis do we process personal data?
The mediator uses the personal data which you have provided in connection with mediation instructions to handle the mediation file. Because it may be the case that sensitive and/or special personal data are processed during the mediation process (and this is not always clear in advance), we ask your consent to process your personal data. You give this consent by signing the mediation agreement. If you do not give this consent, unfortunately you cannot use the services of the mediator because the mediator cannot carry out the service without processing personal data which are relevant to the file.
You have the right to withdraw your consent. In that case the mediator can no longer process any of your data. From the moment consent has been withdrawn the mediator can no longer perform any services for you, and will then have to close the mediation file immediately.
We use the payment details you have provided in order to invoice our activities. This processing is necessary in order to carry out the agreement which you have formed with us.
We use the contact details you give us to contact you when necessary, for instance to answer a question. We process these personal data because it is necessary for representing our justified interest, namely the interest of being able to carry out our activities and to secure new assignments.
How long do we store your personal data?
In principle we store the mediation file and the personal data included in it for twenty years after the file has been closed, in connection with the maximum period of limitation. In exceptional cases we store a file for more than twenty years, for instance if the period of limitation has been interrupted or if the mediator is of the opinion that there is another justified interest to store the file for a longer period.
We retain our administration including the invoices and other records on which the personal data of the parties are stated, for a period of seven years after the close of the financial year in order to be able to comply with the fiscal retention obligation.
Other contact details
We store other contact details for one year after the most recent contact, unless you submit a request to us to remove the data sooner.
Analysis of website visitors
The details of website visitors are retained for two years after the visit to the website; these are the standard settings of Google Analytics.
Who do we share your data with?
Your data are stored in a digital file and may appear in e-mails which the mediator sends or receives, and are stored with them (and therefore processed) by our ICT provider. Moreover, the payment details which you gave to the mediator for invoicing, are passed on to the party who keeps the financial accounts for the mediator. The mediator has entered into a processor agreement with these parties in which at least the same level of security and confidentiality has been stipulated as you may expect from us.
If you or another party, who has been involved in a mediation, lodges a complaint against the mediator which relates to the treatment of a mediation file which includes your personal data, your personal data can be provided to the Quality Foundation for Mediators (Stichting Kwaliteit Mediators) (SKM) and/or the foundation “Stichting Tuchtrechtspraak Mediation” (STM). Your data will be dealt with confidentially by both bodies.
In case the mediation will take place with a co-mediator or with al lawyer working for both parties, information will be shared with the co-mediator and/ or with the lawyer working on behalf of both parties. We will not provide your data to any further third parties, unless we are obliged to provide certain data pursuant to applicable legislation and regulations, for instance to the police in connection with preliminary investigation proceedings.
How are your data secured?
We have taken suitable technical and organisational security measures to protect your personal data against loss, abuse and unauthorised access by third parties. In addition, we also oblige our ICT provider to take such suitable technical and organisational security measures.
What are your rights?
You have the following rights:
- The right to inspect your personal data and to receive a copy of them.
- The right to rectification of your personal data if they are inaccurate or incomplete.
- The right to object to the processing and/or - in certain cases - the right to restrict the processing of your personal data.
- In certain cases: the right to have your personal data deleted ('right to be forgotten').
- The right to obtain your personal data in a structured, common and machine readable form and to transfer those data to another.
For more information about these rights and when you can exercise them: see Articles 15 up to and including 20 of the General Data Protection Regulation.
You can exercise your rights by contacting us via the e-mail address or telephone number stated at the beginning of the privacy statement,
Sometimes there might be a change in the personal data which we process or the applicable regulations. In that case we may adjust this privacy statement. In the event of major changes, we will place a notification on the website and inform you of the amendment via e-mail.
Version May 2018