Privacy Statement
1. Introduction
This is the Privacy Statement of TWA B. V. This entity is part of the TBAuctions Group (hereinafter “TBAuctions”).
When you are a customer or visit our website, you share personal data with us. This could be your name, telephone number or e-mail address. These are details that we can relate to you. We therefore make every effort to process your personal data carefully. This Privacy Statement describes how TBAuctions and its subsidiaries deal with your personal data.
We recommend that you read this document carefully. Do you have any questions? Please feel free to contact our Data Protection Officer by e-mail at dpo@tbauctions.com.
This Privacy Statement (hereinafter “Statement”) applies to all personal data processed by TBAuctions from anyone using our services, website or other applications and mobile platforms (“Platform”), such as our visitors, bidders and customers on all TBAuctions related domains, including all underlying entities and subsidiaries. These personal data are processed in accordance with applicable data protection legislation, more specifically the EU Directive 2016/679, also known as the General Data Protection Regulation (‘AVG’), as well as any other future legislation and additional national legislation.
You can also read in this Statement how you can request us to modify, limit or remove your data. TBAuctions will do its utmost to keep your personal data correct and up-to-date. For this we need your help. Have your personal data changed? Make these changes known to us.
TBAuctions is entitled to change the content of this Statement without informing the visitor. The implementation of the change on the website is sufficient for this. You can consult the most recent version of this Statement on our websites.
2. Who is responsible for processing your data?
TBAuctions Netherlands B.V. is a private company under Dutch law, located at Overschiestraat 59, 1062XD Amsterdam, The Netherlands, registered with the Chamber of Commerce under number 63157764.
For the purposes described in this Statement, the above companies are considered “joint data controllers”, who together determine the means and purposes for the collection, storage, disclosure, use and other types of processing of personal data.
Any reference to “we”, “us” or “our” in this Statement shall refer to TBAuctions.
Data Protection Officer
Overschiestraat 59
1062 XD Amsterdam
Netherlands
dpo@tbauctions.com
3. What is personal data?
Personal data is any information that we can relate to you. For example, your name, address, postcode, place of residence, telephone number or e-mail address. But also information such as your IP address and IBAN number are personal data.
4. What personal data do we process from you?
As part of creating an account, TBAuctions collects personal information necessary to provide you with services and to fulfill the agreement with you:
To create an account as a client, we collect and process the following (personal) data from you, for example:
– Gender Mr./Mrs.
– First name and surname
– Company name
– Address, postal code, town
– Country
– E-mail address
– (Mobile) phone number
– vat number
– KvK number
– IBAN number
5. What is the purpose of processing personal data?
TBAuctions may collect, process and store your personal data within certain limits to ensure that TBAuctions can continue to function optimally. These processes are based on various legal grounds, depending on the concrete circumstances. We handle your personal data with care and take both technical and organizational measures to protect them.
TBAuctions processes and uses your (personal) data for the following purposes:
Concluding and executing an agreement
TBAuctions needs certain personal data from you in order to enter into an agreement with you and to properly execute and settle it. Without these data we are not able to build a relationship with you or to execute an agreement.
The data collected, processed and stored for this purpose is necessary for the relationship between you and TBAuctions to properly originate and proceed.
The necessary data are collected during the registration process of your account and further during the relationship between you and TBAuctions. TBAuctions processes the following personal data for this purpose:
– Name and address details
– Email address
– (Mobile) phone number
Legal Obligations
In certain cases, TBAuctions needs your personal data to meet legal obligations.
For example, we may use your personal data to combat money laundering and terrorism, to assist competent authorities in their investigations or to comply with tax laws.
Anti-money laundering legislation and combating terrorism
TBAuctions must comply with international laws and regulations, such as those concerning the prevention of money laundering. TBAuctions is obliged to prevent, recognize, counteract and report money laundering. TBAuctions processes the following personal data for this purpose:
– Name and address details
– E-mail address and phone number
– VAT number and/or KVK number (for business account)
Fiscal legislation
TBAuctions is obliged to process data of her clients in order to fulfill tax obligations of TBAuctions and the client. TBAuctions is obliged to provide tax authorities with information and to share your data with these authorities. Think here of, but not exclusively, the tax authorities. TBAuctions processes the following personal data for this purpose:
– Name and address details
– E-mail address and phone number
– Invoice data
– VAT number and/or KVK number (for business account)
Judicial authorities
TBAuctions is obliged to assist and inform judicial authorities. This concerns for example the police, the public prosecutor, the courts or supervisory authorities, including but not limited to the AFM, ACM and AP.
This may include all data collected, processed and stored by TBAuctions from you as part of the relationship between you and TBAuctions.
Privacy law
TBAuctions must also process your personal data, precisely to be able to protect your privacy. TBAuctions must be able to react in the right way if you want to use your rights or if the Dutch Data Authority asks us a question.
This may include all data collected, processed and stored by TBAuctions from you as part of the relationship between you and TBAuctions.
Commercial purposes
The use of your personal data for commercial purposes, such as direct marketing, is part of this Statement.
TBAuctions would like to be able to approach you as a (potential) client and inform you about services that may be of interest to you. This may include receiving information from other brands of TBAuctions. You will only receive newsletters containing information about our services. The other brands are Auksionen, Biarov, British Medical Auctions, Dechow, Kamer & Dechow, Notarishuis Arnhem, PS Auction, Troostwijk Auctions and Vavato.
The personal data that TBAuctions collects, processes and stores for this purpose are:
– Name
– E-mail address
– IP address
If you do not wish to receive the newsletter, you can unsubscribe (opt-out). To withdraw your consent, please use the ‘unsubscribe’ hyperlink, which you will find at the bottom of our newsletters. If you wish, you can also send your request to our Data Protection Officer by e-mail at dpo@tbauctions.com.
Functioning of the websites and apps
TBAuctions collects, after your acceptance or consent, information about your website and app use by means of cookies. This with the purpose of providing you with the best possible experience that matches your preferences:
– If you accept our cookies, to make you specific offers based on your browsing habits when you have given us permission to do so.
Due to a legitimate interest of TBAuctions
TBAuctions may collect, process and store your personal data, within certain limits, in order to ensure that TBAuctions can continue to function optimally.
If the optimal functioning of TBAuctions falls within the above-mentioned purpose of concluding and executing an agreement with the customer, then for TBAuctions that purpose will be relevant for the collection, processing and storage of your personal data.
In other cases TBAuctions may appeal to its ‘legitimate interest’. In doing so, the interests of TBAuctions are always weighed against the possible consequences for your privacy. TBAuctions always chooses an approach that protects your personal data as best as possible.
This is the case for the following purposes:
– To proactively inform (potential) clients about the services of TBAuctions
– To allow participation in webinars or (online) events
– To enable relationship management
– To handle (potential) customer communications and complaints
– To perform KYC (Know-Your-Customer) processes when offering our services to new customers
– To provide employee training and coaching
– To implement internal improvements to our services that benefit the customer
– To store your (personal) registration details in a database in order to facilitate your (future) assignments
– To perform audits and security checks in relation to the website
– To inform you about functional changes to the websites and/or apps
– To ask for your feedback on a new web page to optimize the website
– In case you accept our cookies: to measure your experience in an anonymous way
– To keep our books, prepare and issue invoices, and fulfill our tax obligations
In all other cases TBAuctions will ask your explicit permission. You have the right to withdraw your already given consent at any time. You can invoke this right by contacting our Data Protection Officer at dpo@tbauctions.com.
6. From whom do we process personal data and how do we obtain this data?
We process the personal data of anyone who has (had) direct or indirect contact with TBAuctions, such as clients.
We obtain data directly from you when you visit our websites or other applications and mobile platforms, create an account and enter certain information, and when you contact us.
7. Personal data we collect automatically
Regardless of whether you use our services, we automatically collect certain information when you visit our websites or other applications and mobile platforms. This includes your IP address or the date and time you used our websites and/or apps.
8. Processing of special personal data
TBAuctions shall not collect and/or process any special categories of personal data from you, such as race or ethnic origin, political opinions, religious or philosophical convictions, or which indicate membership of a trade union, genetic data, biometric data with a view to the unique identification of a person, data concerning health or data concerning a person’s sexual behaviour, as defined in Article 9 of the AVG.
9. Security of your data?
TBAuctions takes the security of your personal data seriously and therefore we have taken both technical and organizational measures to protect your personal data.
10. How long do we keep your data?
We do not keep your personal data longer than is necessary for the purpose of processing. After this, the data will be deleted as soon as it is no longer needed, taking into account the legal obligation to retain data. For this purpose, the legal basis will be taken as the starting point and the retention period will be tailored to the period during which TBAuctions needs the data to achieve the purpose of processing.
11. With whom are your details shared?
TBAuctions partners with other parties to provide you with services and will only pass information to third parties that fall within the following scope:
– Affiliated companies: affiliated companies belonging to TBAuctions and its subsidiaries, if these companies offer comparable data protection and the transfer of data is permitted.
– Service providers: we commission other companies and individuals to work on our behalf. Examples of service providers include companies that offer payment processing. If TBAuctions makes use of the services of third parties, it enters into agreements with these parties, from which no independent obligation arises for them with regard to the processing of personal data. These service providers have access to the personal information (including name and address details, e-mail address and telephone number) which is necessary to carry out their work. However, they are not permitted to use this data for other purposes.
– In all other cases, you will be informed if your personal data is to be transmitted to third parties and you will be given the opportunity to individually consent to this.
For each disclosure, we will ensure that the necessary contractual safeguards are in place to protect your personal information.
In all cases where personal data is transferred within the above context to third parties in countries outside the European Economic Area (EEA), we will only transfer the data in accordance with this Notice and the applicable data protection regulations.
In principle, all data will be processed within the EU wherever possible and will not be exchanged with parties outside the EU. Data may only be exchanged by TBAuctions with a non-EU country if the recipient can guarantee the same level of data protection, either on the basis of the legislation in force in that country or through separate agreements as prescribed by the EU in the EU format for a binding agreement.
12. What rights can you exercise with respect to your data?
Within the framework of the AVG, you as a citizen have a number of rights towards TBAuctions. After all, it’s your personal data. You can exercise these rights by sending an e-mail to dpo@tbauctions.com. Requests in which you invoke your rights under the AVG will be dealt with within 30 days. If we are unable to process your request within 30 days, we will respond to you within 30 days with reasons why we are unable to process your request within 30 days. In that case, we will have 90 days to process your request.
Right to Information.
You have the right to know how we handle your personal data in a proper and transparent way and what rights you can exercise in that respect. In this Statement we have therefore explained to you in detail which personal data we collect from you and how we handle your personal data.
Right of Inspection.
You have the right to access your personal information that we hold about you at any time. You can submit a request for access via our Data Protection Officer by sending an e-mail to dpo@tbauctions.com. Please mention your name and e-mail address. In addition, we may ask you questions to verify your identity. Requests to view your data will be processed within 30 days.
Right of correction.
You have the right to correct the personal data we hold about you if these are incorrect or out of date and/or to complete them if they are incomplete.
Right to object.
You have the right to object to the way we process your personal data. This right applies to the personal data we use for direct marketing, such as newsletters. You can ask us to stop using your personal data for personalised newsletters. In addition, this right also applies to other personal data that we process about you based on our legitimate interest.
Right to data portability.
You have the right to receive personal data that you have provided to us, in the context of the agreement you have made with us, in order to keep this personal data in a database belonging to yourself or a third party. You can submit a request to this effect to our Data Protection Officer by sending an e-mail to dpo@tbauctions.com. Please include your name and email address. In addition, we may ask you questions to verify your identity. You will receive a file in a machine-readable format (CSV or XML) containing your name and (company) address details.
Right to restriction.
You have the right to request the restriction of your data. This means that we may keep your personal data, but not use it. This right arises in a number of cases. If you believe that this is the case, you can inform us by e-mail at dpo@tbauctions.com.
Right to be forgotten/deleted account.
You have the right to be forgotten in some cases. You can make a request to have your account deleted via our Data Protection Officer. We will then assess whether we can remove your data or whether we need to retain certain data due to a legal obligation.
You can also request us to delete (part of) your personal data.
Right to lodge a complaint.
If you do not agree with how we handle your personal data, you have the right to file a complaint. If you have a complaint, we will be happy to resolve it with you first. For this purpose, you can contact the Data Protection Officer by e-mail at dpo@tbauctions.com. Please mention your name and e-mail address.
Finally, you have the right to submit your complaint to the Dutch Data Protection Authority via this link: https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/gebruik-uw-privacyrechten/klacht-melden-bij-de-ap.
You can also contact the Dutch Data Protection Authority at the address below for general information about the protection of personal data, or to lodge a complaint about the processing of your personal data by TBAuctions:
Personal Data Authority
PO Box 93374
2509 AJ The Hague
13. Final provisions
TBAuctions reserves the right to make changes to this Statement from time to time. Please check this each time you visit the website to stay informed.
If you have any questions about this Statement, any of our websites or your information, or if you would like to change this information, please contact:
Data Protection Officer
Overschiestraat 59
1062 XD Amsterdam
The Netherlands
dpo@tbauctions.com
This Privacy Statement was last updated on 24 August 2022.
