Your privacy is guaranteed.
In our work, we use personal information about you. In this privacy statement, we explain what personal data we collect, use and store and for what purpose. In doing so, we must comply with the laws and regulations that govern them.
We collect and use data from the debtor. That is you or you and your partner if there is joint debt. If you are represented by another person, such as a trustee, debt relief worker or lawyer, we also collect a limited amount of (contact) information from this person or bodies. In the case of a minor in debt, we also collect and use information from the parent(s) or guardian.
We ensure that this privacy statement is current. We update this statement if we collect new or different data, provide it to new parties, or there are changes in retention periods or security measures.
2 Data collection
You have an outstanding debt according to our principal. The client asked us to collect the debt. You must do something or cooperate in something to do so. We therefore seek contact with you and need your contact information to do so.
If we need to summon you to appear in court or send an official document to you, we have a legal duty to request information about your official residence. We also have a duty to see if there is a special debt situation.
When seizing your income or assets, we need to know what they are and whether they may already be seized.
2.1 Data we receive
Data provided by the client
The company, person or organization that still gets money from you (the principal) has instructed us to approach you. We get from this creditor your contact information, information about the outstanding bill and the amount at stake. The invoice may contain special personal information.
Information provided to us by you
There is information you give to us in emails, letters, phone calls, conversations at the door or at our front desk. We use this information if it is important in collecting your debt.
We never ask for special personal data such as information about your ethnicity, religion or health. You may give us special personal information without our asking for it and it may not be important in collecting your debt. We do not then store or use that data.
Your statement of income and expenses
If we arrange a payment plan 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 determine the weekly or monthly amount you can pay to us to pay off the debt.
We also use the data on this and all attachments you send to us to determine for you the so-called “attachment-free foot”.
2.2 Data we collect ourselves
The judicial officer may use special data sources. This is allowed if he is in the process of preparing a lawsuit or if he has a judgment (or other title) against you.
Data when preparing a lawsuit
The judicial officer checks your address information in the “basic registration of persons” (BRP), formerly the GBA, and is required to request your citizen service number (BSN). The judicial officer also looks in the digital attachment register (DBR). This includes information if your income is garnished. The judicial officer sees which fellow judicial officer has made an attachment, the type of attachment and the amount for which the attachment was made. With this bailiff, information on the amount of the attachment and deductions is obtained.
Data if a judgment is present
The judicial officer checks your address information in the “basic registration of persons.” Then the judicial officer collects information from the following sources:
Employer or UWV
The judicial officer will retrieve your citizen service number and request a record of your employers for the past several years. He will also see if you receive benefits (from the UWV). Among other things, we ask your employer for information about your salary.
To the Internal Revenue Service, we ask for information about benefits you receive from the Internal Revenue Service.
National Road Administration (RDW)
The judicial officer can also view the “basic vehicle register” and see if there is a vehicle that can be seized. He gets from the base register the license plate number and data on make, type and color of the vehicle.
Debt Assistance Referral Index (VISH).
In his work, the judicial officer also consults the Debt Assistance Referral Index to see if you are registered with a debt assistance agency.
Data from a home visit
As part of our work, we also visit your address, for example, to leave an official document (for example, a subpoena). The judicial officer makes a note of the visit.
We also consult public sources for our work, such as the Central Insolvency Register, the Guardianship and Administration Register, and the Matrimonial Property Register.
3 Using data
When collecting an outstanding debt, the judicial officer always works on behalf of a client. The client has provided you with a product or service and is now trying to get payment from you. We may collect and use data from you because you still need to fulfill the agreement with the client.
When preparing a lawsuit and in our official work, we are required by law to check your address in the basic registration of persons.
If you fail to pay, the bailiff may look to seize your income or assets. To do this, he consults various registers and uses these data.
The judicial officer can issue official documents and make attachments. We also use personal data in this process. This use falls under the exercise of public authority. This is a task assigned to the judicial officer by the government.
4 Data sharing
4.1 Sharing data with the client
We have a lot of contact with the client in our work. We give the principal information about payments you have made to us, about payment arrangements we make with you, and if you object to the debt, for example. We also provide the client with information about moments of contact with you, such as the date and type of a letter sent to you or a telephone conversation.
4.2 Sharing data with another judicial officer
We sometimes share your information with other bailiff 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 information we share is address information, records of a summons or subpoena, or records of a judgment or garnishment. The fellow judicial officer is subject to the same laws and regulations. The fellow judicial officer is fully responsible for processing your data. If you have any questions about your data, please contact us or our colleague.
4.3 Digital attachment register (DBR).
When we, as a judicial officer, make an attachment, we must record in the digital attachment register, among other things, against whom the attachment is made, the type of attachment and the amount. The digital attachment register is the responsibility of the Royal Association of Bailiffs (the KBvG).
4.4 Moving company and locksmith
In an eviction, we engage a locksmith and a moving company. We give the locksmith and moving company only the date of the eviction and the home address.
4.5 Sharing your data outside the Netherlands
If there is a foreign client, we share information with that client. If you are in another country, we will engage a party in that country to collect the debt on our behalf. We then share with that party the data necessary to perform the assignment.
All European countries, Liechtenstein, Norway and Iceland (the European Economic Area) are covered by the same legislation when it comes to personal data protection.
5.1 Protecting data
We take appropriate security measures to protect your data. In doing so, we take special care to ensure that your data does not end up with others and that no one has access to our systems and your data. We have our security measures checked regularly.
5.2 Retention of data
We do not keep your data longer than necessary. In many cases, we have a legal duty to retain data. In general, this legal duty is 10 years.
6 Your rights
Personal data is information about you. With respect to your personal data, you have the following rights:
- Inspection of personal data (right of inspection).
- Adjusting personal data (right to correction)
- Objecting to the use of your personal data
- Right to erasure of personal data
The said rights can be exercised in writing or by e-mail by sending a notice to the Data Protection Officer:
Swier CS Bailiffs B.V.
Attn: Data Protection Officer
1105 BM Amsterdam
Part of any request is establishing your identity. We will try to respond to your request, if received completely, within one month.
We may make reasoned decisions not to provide, modify or delete personal data to protect the rights or freedoms of others. We can also do this if it is necessary for the collection of civil claims.
6.1 Inspection of personal data (right of inspection)
You may ask us exactly what data of yours we have. We will then send you an overview of all the personal data we have on you within four weeks.
6.2 Adjusting personal data (right to correction)
It is important that your information is correct. You may ask us to correct or supplement your personal data. This is possible if these data contain errors or are incomplete. After our own review, we then make these changes immediately.
6.3 Right to erasure of personal data
You may ask us to delete your data. In most situations, we have a legal obligation to keep records for 10 years. In that case, we cannot delete that data. We will always review your request carefully and let you know if we can remove data from you. If we cannot, we will give the reason.
6.4 Objecting to the use of your personal 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.
If we collect data from you and you are dissatisfied with how we handle your data, or with this privacy statement, you can file a complaint with the Dutch regulator. This is the Personal Data Authority.
Personal Data Authority
Bezuidenhoutseweg 30 (by appointment only)
2594 AV The Hague
P.O. Box 93374
2509 AJ The Hague
0900 200 12 01 (usual telephone charges)