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Privacy Policy of LitFin Claims BV

I. Einführung 

  1. The data controller pursuant to Article 4, point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: “GDPR”) is LitFin Claims BV, Strevelsweg 700 Box E3130, 3083 AS, Rotterdam (“LitFin” or “we”),
  2. You are a data subject under the GDPR (“you”).
  3. Wir betreiben eine Website https://psm-kartell.de. 
  4. You can contact us at e-mail: info@psm-kartell.de

  

II. Principles of the personal data protection 

  1. We are bound by the following principles when processing personal data:
    a. Personal data must be processed fairly and in a lawful and transparent manner;
    b. Personal data may only be collected for specific, explicit and legitimate purposes and may not be further processed in a way that is incompatible with those purposes;
    c. Personal data may be processed only to the extent necessary in relation to the purpose in question;
    d. The processing of personal data must take into account its accuracy;
    e. Personal data may be kept only for the necessary period; and
    f. Personal data must be processed under appropriate security

 

III. Scope of the processed data 

  1. We process your identification and contact data, in particular in the following scope: name, surname, date of birth, bank connection, contact details, the history of previous contacts, data regarding your enquiry that you provided us with and other data necessary for the performance of the performance of the contract.
  2. We also process personal data regarding your usage of our website (cookies). 
  3. We process special categories of personal data within the meaning of Article 9 GDPR with your express consent if such processing is necessary for the establishment, exercise or defence of legal claims, 
  4. We shall, with your express consent or based on the contract concluded with you transfer your data to third parties for the purpose of mediating the recovery of the claim. 

 

IV. Legal basis and purpose of the processing of personal data 

  1. We process personal data on the basis of the following legal grounds:
    a. the processing is necessary for the performance of a contract to which you are a party or for the measures taken before the conclusion of the contract at your request;
    b. the processing is necessary for compliance with a legal obligation to which we are subject;
    c. our legitimate interest in providing direct marketing (in particular for sending commercial communications and newsletters);
    d. consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(a) of the GDPR.
  2. The purpose of the processing of personal data is:
    a. the exercise of rights and obligations arising from the contractual relationship between us and you; when negotiating the conclusion of a contract, personal data necessary for the successful conclusion of the contractual relationship with us (name and address, contact, date of birth), the provision of personal data is a necessary requirement for the conclusion and performance of the contract – without the provision of personal data it is not possible to conclude the contract or its performance by us;
    b. to fulfil a legal obligation to which we are subject as a data controller (e.g. bookkeeping, tax compliance, etc.);
    c. sending commercial communications and other marketing activities;
    d. to ensure functionality of our website;
    e. to establish, exercise or enforce legal claims.

    3. There is no automatic individual decision-making by LitFin within the meaning of Article 22 GDPR.

 

V. Data retention period 

  1. We shall retain personal data:
    a. for the period necessary for the exercise of the rights and obligations arising from the contractual relationship between you and us and the exercise of claims arising from that contractual relationship (for a maximum period of 10 years from the termination of the contractual relationship);
    b. for the period until which consent to the processing of personal data is withdrawn; personal data is processed on the basis of consent.
  2. After the expiry of the retention period, we shall delete the personal data.


    VI. Recipients of personal data



    VI. Empfänger von personenbezogenen Daten 

  1. When processing personal data, we also use the services of verified and contractually obligated external business partners. These are the so-called recipients and processors who develop and maintain functional and secure systems for us, supply the necessary software solutions or provide other services or products that are necessary for part of the processing of personal data for the above-mentioned purposes. 
  2. In addition, the personal data may be provided to:
    a. the courts, other public authorities and other public bodies, where necessary for the exercise of LitFin’s rights vis-à-vis the data subject or for the fulfilment of the controller’s legal obligation;
    b. law enforcement authorities, where necessary for the exercise of LitFin’s rights vis-à-vis the data subject or for the fulfilment of LitFin’s legal obligation;
    c. third parties who will act on our behalf in the provision of services or in the performance of other activities related to the provision of services on the basis of an authorization from us;
    d. third parties who will be involved in negotiating contract opportunities with us;
    e. third parties who will provide marketing services; and
    f. the new owners of LitFin and legal advisors in the case of sale of LitFin or other similar transaction.
  3. We may transfer personal data to a third country (a country outside the EU) or an international organization. Recipients of personal data in third countries are providers of mailing services or cloud services or persons involved in negotiating contract opportunities with the controller, involved in ensuring the operation of the services and providing marketing services. 
  4. In this case, we shall adopt adequate guarantees of the protection of personal data within the meaning of Article 44 et seq. of the GDPR. 

 

VII. Rights of the data subject

  1. Under the conditions set out in the GDPR, you shall have: 

    Under the conditions set out in the GDPR, you shall have:

    a. the right of access to his or her personal data pursuant to Article 15 of the GDPR;     


When exercising the right of access to personal data, we will provide you with confirmation of which of your personal data we process, for which purpose, to whom the personal data has been or will be disclosed, for how long the personal data will be processed, information about your rights regarding personal data, information about the source of the personal data and information about whether automated decision-making, including profiling, takes place regarding your personal data. 

b. the right to rectification of personal data pursuant to Article 16 GDPR,; 

When exercising the right to rectification, you can request that we correct incorrect personal data we process about you. 

c. the right to erasure of personal data pursuant to Article 17 GDPR; 

If you believe that we are processing your personal data unlawfully, you have the right to ask us to delete it. We are only obliged to comply with this request in certain cases and the request will always be considered individually in relation to the category of personal data concerned and the purpose for which it is processed. 

d. the right to restriction of processing personal data pursuant to Article 18 GDPR 

If  

  • you contest the accuracy of the personal data, we will restrict the processing of your personal data until a decision is made as to whether it is correct, 
  • we would be processing your personal data without sufficient legal basis, but you will request a restriction on processing instead of erasure of the data, 
  • we no longer need your personal data for the processing purposes set out above in this notice, but you require it for the establishment, exercise, or defense of legal claims; or 
  • you object to the processing of the personal data, in which case we are obliged to restrict the processing of the personal data in question while we evaluate the validity of the objection; 


You have the right to ask us to temporarily restrict the processing of that personal data. In this case, the personal data will not be erased, however, the processing will not take place. 

e. the right to object to processing pursuant to Article 21 GDPR (in particular in the case of processing for direct marketing purposes); 

If the processing of your data is based on a legitimate interest, you may object to such processing on grounds relating to your particular situation. We will then assess your request and unless we can demonstrate that we have compelling legitimate grounds for the processing which override your interests or rights and freedoms or that we need the personal data to establish, exercise or defend legal claims, we will not continue to process your personal data for that purpose. 

If we process your personal data for direct marketing purposes and you object to such processing, we are obliged to comply with the objection.  

An objection shall also be deemed to be an objection to processing by automated means or an objection to processing for direct marketing purposes. 

f. the right to data portability pursuant to Article 20 GDPR; 

When exercising the right to portability of personal data that we process on the basis of the performance of a contract or your consent, you can ask us to transfer the personal data in question. In such a case, we will provide your personal data in a structured, commonly used and machine-readable format to the entity designated by you. 

g. the right to withdraw consent to the processing of personal data at any time in writing or electronically to the address or email of the data controller specified in Article III of these Terms and Conditions. 

If we process your personal data on the basis of your consent, you are entitled to withdraw this consent at any time.  

However, please note that withdrawal of consent only applies to personal data processed on this basis and does not apply to personal data that we may process on another legal basis (e.g. for the performance of a contract). 

2. In addition, you have the right to lodge a complaint with the competent Data Protection Authority, in particular in the Member State your habitual residence, place of employment or place of alleged infringement, if you believe your right to data protection has been infringed.​ 

 

VII. Voluntary provision of personal data 

  1. The provision of personal data shall be voluntary, but non-provision of the necessary personal data shall be incompatible with the establishment of the relevant legal relationship and the fulfilment of the rights and obligations arising therefrom. 

 

IX. Conditions for the security of personal data 

  1. We declare that we have taken all appropriate technical and organizational measures to ensure the security of personal data and the security of data storage devices and documents containing personal data. 
  2. We declare that only persons authorized by us have access to the personal data. 

 

X. Cookies 

  1. Our website uses cookies.  Cookies are small text files and do not cause any damage to your device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted after your visit. Permanent cookies remain stored on your device until you delete them yourself or your web browser automatically deletes them.  
  2. This website uses functional and analytical cookies. Functional cookies are cookies that are necessary for the website to function. We also use analytics cookies (Google Analytics) that measure the quality and functionality of the website. These analytics cookies do not process any personal data, only statistical information and can be refused by clicking on the “Decline” button that appears in the bottom right corner of the browser after opening our website. 

 

XI. Client zone 

  1. Our website contains a client zone to which you can log in as our client. 
  2. The personal data collected via client zone are processed under the same rules as other data collected by us, as described in this Privacy Policy. 
  3. Within the client zone you may upload documents and other personal data necessary for the performance of the contract between you and us. This includes for example invoices, contracts, and other necessary data. Processing of personal data within the client zone is governed by the principles and rules of this Privacy Policy. 
  4. The client zone only uses the functional (necessary) cookies. 

 

XII. Third parties processing personal data 

  1. Third party processors may be used by us to process personal data on our behalf. They follow our instructions on processing the personal data. 
  2. If we use third parties to process your personal data in the future, we shall inform you which ones and for which purposes in the updated privacy policy. 

 

XIII. Final provisions 

  1. By ticking the "I have ready the privacy policy” box or signing the agreement, you confirm that you have read the privacy policy and accept it in its entirety. 
  2. We are entitled to change the privacy policy. If we do, we shall publish the new version of the privacy policy on its website or, where applicable, send the new version of the privacy policy to you at the email address you provided to us.