Terms of use and Privacy and security policy regarding the processing of data and information in general and of personal data in particular

IMPORTANT: Please read these terms of use and privacy policy carefully before using this software service. You have to accept these terms of use and privacy policy – including the storage of cookies on your computer - prior to using this software service.

Terms of Use software services

ClaimsAgent B.V., with office at Rotterdam, the Netherlands, and registered with the Dutch Chamber of Commerce under nr. 52046087 (hereinafter ClaimsAgent), provides this software service  through several current Internet browsers. You are responsible for installing an Internet browser, anti-virus software and other software to protect your computer system against threats.

ClaimsAgent makes this software service available in the condition in which it is from time to time (provision as is). Supplier may make changes to this software service at its own discretion. Supplier is not obliged to maintain or add specific features of this software service. ClaimsAgent does not provide additional services, unless a separate agreement has been concluded for this.

All rights related to (the content of) this software service are (intellectual) property of ClaimsAgent or its suppliers and other third parties from whom material is made available. You will respect the (intellectual) (property) rights of ClaimsAgent, its suppliers and other third parties to (the content of) this software service, including the database right of the producer of the database and the data and information derived from it and based thereon it. Insofar as required, you grant ClaimsAgent permission to have the data and information entered by you, including personal data, included in the database and to (procure to) use such data and information for the performance of the agreements with you and its other userswith due observance of the privacy policy below.

You provide (personal) data and information either at the request of the trustee or on your own initiative. In both cases, you grant - insofar as required - permission to ClaimsAgent to make your (personal) data and information available to the trustee or to pass it on for further processing in the context of the resolution of the insolvency proceedings with observance of the Privacy and security policy set forth below.

You undertake to treat the log-in data that you obtain when you create an account or afterwards confidentially and also to (procure to) take reasonably required measures for protection of its confidentiality when hiring auxiliary persons or other third parties. You undertake to adjust changes in the data you have registered in your account without delay.

You undertake to ensure that the email address you registered is in effect throughout the period of use of the software service and you should check your email regularly. If your email address changes, you undertake to register the new email address in your account without delay.

You also undertake to keep your other (personal) data and information up-to-date at all times and to register it in your account.

By accepting these terms of use and privacy policy, you agree that all correspondence and other reports about the claim(s) you have submitted and all related calls can be sent to the email address (or email addresses) registered by you.

ClaimsAgent and its suppliers exclude any liability for damage resulting from unauthorized use of the login details. If there is a reasonable reason to change the login details, you will immediately do so. With the function Forgot password you can set a new password. The use of (the content of) this software service and related websites, including the transfer and exchange of data, is for personal use only and at your own risk. You are not permitted to commercially exploit, multiply or sell, integrate, or otherwise disclose the content of this software service and related websites of Supplier and any information based thereon and derived from it on a non-incidental basis, whether or not edited, in any form.

ClaimsAgent and its suppliers cannot guarantee the accuracy of the data and information that you transfer, obtain, consult and use via the software service and related websites of ClaimsAgent. ClaimsAgent and its suppliers exclude any liability for direct and indirect damages, including intangible damages, trading loss or stagnation damages, resulting from the use of this software service or the data and information transferred, obtained, consulted and used via this software service and websites of ClaimsAgent. Supplier and its suppliers are not liable for damages resulting from a malfunction or the inaccessibility or unavailability of this software service and related websites

You must comply with any instructions to be provided by ClaimsAgent.

You must refrain from:

  • registering or providing for verification a non-existent claim or a claim for an increased amount (punishable under art. 344 Dutch Penal Code);
  • any use of this software service in a manner that is or may be harmful to ClaimsAgent and its suppliers, to the customers of ClaimsAgent or to third parties;
  • sending unwanted messages of a commercial nature (spam) to persons whose e-mail addresses you have obtained through this software service;
  • changing, damaging, disabling, overloading this software service, as well as obstructing or obstructing its use;
  • distributing viruses or other harmful components.

Dutch law applies to the use of this software service of ClaimsAgent. Disputes about or arising from the use of this software service will in the first instance be exclusively settled by the District Court in The Hague.

Privacy and security policy regarding the processing of data and information in general and of personal data in particular

Privacy statement ClaimsAgent

ClaimsAgent considers the privacy of all parties involved in the settlement of insolvency proceedings to be of paramount importance. ClaimsAgent complies with applicable laws and regulations with regard to privacy and the processing of personal data. ClaimsAgent has taken various organizational and technical measures to protect the (personal) data and information it has collected, processed and stored. Below you can read what the processing of the (personal) data entered by you and other information entails.

Processing of (personal) data and information

ClaimsAgent collects, processes and stores only (personal) data and information:

(1) about the (resolution of) insolvency proceedings (i.e. bankruptcies and moratoriums), including proceedings with regard to natural persons who conduct business; and

(2) of creditors, i.e. both natural and legal persons, established both inside and outside the European Union (hereinafter referred to as creditors) who file claims and related ancillary rights (hereinafter collectively referred to as: claims) in insolvency proceedings; and

(3) of those professionally charged with the resolution of insolvency proceedings (i.e. trustees, administrators, supervisory judges and their respective assistants).

(the parties sub (2) and (3) hereinafter collectively referred to as users)

ClaimsAgent processes the aforementioned (personal) data and information in a manner that (1) complies with the provisions of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), the implementing law for the GDPR in the Netherlands and other relevant regulations; and (2) generates optimal benefit for itself and for other stakeholders, including creditors and trustees.

ClaimsAgent collects and processes the (personal) data and information of creditors and their claims by means of its own software application, which is available via the Internet websites ClaimsAgent.nl and Trustee.ClaimsAgent.nl, a data link (API) with the judiciary and by means of the e-mail services of third parties.

Purpose of data processing

ClaimsAgent collects, processes and stores (personal) data and information with the aim of:

(1)   assisting creditors in insolvency proceedings as intermediary with the online submission of their claims to the trustees; and

(2)   informing the creditors about the progress of the insolvency proceedings relevant to them; and

(3)   assisting the trustees as intermediary with the resolution of insolvency proceedings in which they have been appointed and in which they, as independent processors in the performance of their statutory task in the public interest, process (personal) data and information of creditors; and

(4)   developing additional (future) services within the boundaries of the applicable laws and regulations.

Data minimization

ClaimsAgent only collects, processes and stores data and information that are relevant to and limited to the aforementioned objectives. In doing so, ClaimsAgent takes into account the stage of resolution of the respective insolvency proceedings and does not itself request the provision of more data and information than is necessary at a certain stage. ClaimsAgent also facilitates that the trustees, in the context of their statutory performance of duties, request further data and information (including personal data) from creditors.

Storage restriction

ClaimsAgent will only have all personal data automatically deleted from its databases after six months after the final resolution of the insolvency proceedings. A fixed term or a fixed time cannot be determined in advance, because the duration of the resolution of insolvency proceedings differs from case to case and ClaimsAgent has no control over this.

Please note: if you have submitted a claim as a private individual / consumer or as a sole trader, your personal data will also be automatically deleted. The trustee in the insolvency proceedings may have stored your data in their own administration and may keep such data longer than ClaimsAgent. He then does so as an independent data controller on the basis of his own statutory task in the public interest.

Creditors who enter their (personal) data and information when creating an account must activate their account. If creditors do not activate their account, ClaimsAgent will automatically delete all such (personal) data and information after 14 days after creating the account.

Correctness of data processing

ClaimsAgent cannot guarantee the correctness of the processed (personal) data and information of the creditors who use its software service as a result of the nature of the software service: this essentially concerns the statutory assessment and judicial determination of in principle undetermined monetary claims and related (personal) data and information in insolvency proceedings by trustees appointed for that purpose by the government. With regard to that (personal) data and information, ClaimsAgent is only an intermediary (agent), is totally passive in this respect and does not enter, delete or make any changes to (personal) data or information about claims.

The creditors themselves provide their (personal) data and information about their claims via the aforementioned Internet websites at their own responsibility and at their own risk. Where appropriate, third parties appointed by the creditors provide these (personal) data and information on their behalf or the trustees or administrators involved enter this (personal) data and information via the aforementioned websites.

Consulting, alteration and removing (personal) data and information

The creditors always have access - via their accounts - to their (personal) data and information and can consult, alter or delete them at any time. This also includes the (personal) data and information regarding their submitted claims. If and insofar as the trustees have entered creditors (personal) data and information, they have done so on the basis of their statutory duties. In such case, creditors who have not entered their (personal) data online must request alteration or deletion thereof from the relevant bankruptcy trustee.

Data portability

Creditors have access through their account to the current (personal) data and information that are collected, processed and stored. The application ensures that these (personal) data and information are either provided automatically to the creditors via e-mail or via their account and can be further processed by the creditors (i.e. via download or copy).

Disclosure of (personal) data

ClaimsAgent emphasizes that the rules and regulations that apply to the resolution of insolvency proceedings entail that ultimately all (personal) data and information of parties involved in insolvency proceedings (e.g. users) are to be made public and be available to everyone.

ClaimsAgent does not itself take any action as a result of which details of creditors, including personal data, are made public via the aforementioned websites or otherwise. Professionals involved in the resolution of insolvency proceedings may use the services to disclose data and information from and about creditors through the above websites. ClaimsAgent has set up the services in such a way that personal data is displayed or protected anonymously. This is in accordance with the guidelines of the judiciary.

Lawfulness of the data processing,

The processing of (personal) data and information by ClaimsAgent is lawful on the grounds that the creditors have given their permission for the above specifically described purposes and compatible purposes, on the grounds that the trustees in the context of the performance of their statutory task utilize the services of ClaimsAgent, or on the grounds that the processing is necessary for the purposes of the legitimate interests pursued by ClaimsAgent or by third parties.

The trustees further process the (personal) data and information associated with the claims of creditors that they obtain via ClaimsAgent, such as, for example, by assessing the correctness and completeness of those (personal) data and information, by making changes therein at their own discretion and having the same legally determined in court. The trustees carry out this further processing of (personal) data and information on the basis of their statutory obligations as independent processors and, to that extent, not pursuant to a (processor) agreement with ClaimsAgent nor as a joint responsible party together with ClaimsAgent.

The trustees and administrators carry out this independent processing of (personal) data and information both in the software application on the computer systems of ClaimsAgent and on their own computer systems. ClaimsAgent has no control over the latter computer systems.

Security and integrity of the processing of (personal) data and information

ClaimsAgent has taken technical and organizational measures to safeguard the confidentiality, integrity and availability of the collected, stored and processed (personal) data and information. The software application of ClaimsAgent and its database are hosted for this purpose in a certified data center in the Netherlands, or at least within the European Union. The services of the hosting provider include security services, about which ClaimsAgent does not make any further statements for security reasons.

ClaimsAgent has secured the data traffic with the websites, software applications and computer systems from which users provide and extract (personal) data by means of encryption, i.e. the data traffic between the website and the user (by means of a so-called TSL certificate) is electronically encrypted and protected against inspection by third parties. However, absolute security of data transmission over the Internet cannot be guaranteed. This also applies to the collection, processing and storage of (personal) data by means of computer systems accessible via the Internet. ClaimsAgent therefore does not guarantee the absolute security of the software application or computer systems it uses.

In the event of a breach of the security of (personal) data or information, ClaimsAgent will inform the Dutch Data Protection Authority and the users by e-mail.

ClaimsAgent will only provide (personal) data and information for control and further processing to third parties, that are either acting on the basis of their statutory obligations or have contractually undertaken to process the data and information in accordance with the applicable privacy regulations and have demonstrated compliance to ClaimsAgent.

The parent company of ClaimsAgent, that is CrediVera B.V., has notified the processing of personal data to the Dutch Data Protection Authority in The Hague. All parties who, other than as trustee or their auxiliary persons by virtue of their respective legal obligations, can take cognizance of the (personal) data or information processed or stored by ClaimsAgent, have signed a confidentiality statement.

Complaints about the processing of personal data

ClaimsAgent requests anyone who believes that ClaimsAgent is acting in breach of the applicable laws and regulations with regard to the protection of personal data in the performance of its work, or that it has any other questions or comments, to report this. Inform ClaimsAgent via the address info@claimsagent.nl. ClaimsAgent will respond to this within a reasonable period and in principle within one month. It is also possible to file a complaint about the conduct of ClaimsAgent with the Dutch Data Protection Authority in The Hague. You can find the relevant contact details here.

Click behavior

This software service registers general visitor data, without identifying users. The purpose of this is to optimize the structure of the software service. This data can also be used to put more targeted information on the site.

Use of cookies

Cookies are small files that a website leaves on your computer. The website instructs the web browser with which you view websites to store these cookies on your computer.

ClaimsAgent only uses functional cookies to facilitate navigation in the website, to analyze the use of the website and to optimize the user-friendliness of the website, without identifying users. The data obtained is used in an aggregated manner and is not passed on to third parties for commercial purposes.

All websites use cookies with certain technical and site-specific information. If you are logged in with ClaimsAgent, your username and password can be stored in a cookie.

You are always entitled to refuse cookies. You can set your web browser to refuse all cookies or only certain cookies (consult the manual of your web browser). If you refuse cookies, certain services may not be available to you.

Supplier and other websites

The websites of Supplier may contain hyperlinks to other websites, including those of the judiciary. ClaimsAgent accepts no liability for the administrators of other websites dealing with your data.

Amendments

ClaimsAgent reserves the right to make amendments to the abovementioned terms of use and privacy statement without giving notice. The later version of these terms of use and privacy statement supersedes all earlier versions thereof. Please check this privacy statement regularly.

This document was last modified on: 9 September 2020