PRIVACY STATEMENT HORTIS LEGAL

Who is Hortis Legal?
Hortis Legal (hereinafter 'Hortis') provides practical to-the-point legal advice. Hortis is specialised in IP-Law. We are established in Rijswijk and listed in the trade register under number 28075812 (you can find more information at https://www.hortis.nl/contact).

Introduction
This is the privacy statement of Hortis. Hortis processes your personal data confidentially and with care. We want to explain in this privacy statement how we process your personal data.

What personal data are processed by Hortis?
The following personal data are processed by Hortis:

  Your name, address and place of residence;
  Your e-mail address;
  If applicable, a copy of your proof of identity (you can find more information under the heading 'Proof of identity').
  The personal data contained in your proof of identity, including your BSN, passport photo and signature. Your passport can contain data about your race.

Proof of identity
If a proper performance of the agreement so requires, we may ask you to send us your proof of identity. We do so because we collaborate with foreign agents who arrange for the registration of your trademark abroad. The legislation of the country where your trademark is to be registered may make registration subject to the provision of a copy of your proof of identity. This is rarely the case, but if it is we will notify you in advance. Once we have received and forwarded a copy of your proof of identity, it will be deleted from all our systems.

For which purposes does Hortis process your data?
Hortis processes your personal data for various purposes. The purposes are listed below:

  To process contact forms and e-mails: if you ask Hortis a question by contact form or e-mail, we will process your personal data to answer your question.
  To arrange for IP registrations: if you ask Hortis to arrange for the registration of a trademark, design, patent or breeder's registration ('IP registration'), we will process your personal data for the purpose of properly performing the agreement. The processing of an IP registration requires that we process your personal data. You can find more information under the question 'With whom does Hortis share your personal data?'
  Processing for direct marketing purposes: Hortis processes personal data for direct marketing purposes. Hortis considers this processing justified with a view to its own commercial interests. You can find more information under the heading 'Direct marketing'.
  To send our newsletter.

Where are the data stored?
Your personal data are stored in the following digital and physical places:

  the file management system;
  the accounting system;
  the online storage of the e-mail client (Outlook);
  in a physical file if the proper performance of the agreement so requires, for example if you visit Hortis at its office or legal proceedings are to be instituted on your behalf.

Right of inspection
Do you have any questions about the processing of your personal data? Or do you want more insight into the processing of your personal data? Then you can submit an application to inspect. We will then provide you, with due observance of articles 27, 15 and 23 of the General Data Protection Regulation (articles 35 and 43 of the Personal Data Protection Act), with an overview of:
a) the processing purposes;
b) the categories of personal data it concerns;
c) the recipients or categories of recipients to which the personal data have been or will be provided;
d) the period during which the personal data will probably be stored;
e) that you have the right to request Hortis that personal data are corrected or deleted, as well as the right to object to the processing;
f) that you have the right to file a complaint to a supervisory authority;
g) in so far as the personal data have not been provided by you, all available information about the source of such data;
You can submit your application to inspect by calling Hortis office or by e-mail (http://www.hortis.nl/contact/).

Right of objection
Do you have an objection to the processing of your data? Then you can send us an e-mail (http://www.hortis.nl/contact/). We will then immediately cease the processing of your data. If the processing of your data is necessary for the performance of an agreement we have with you, we will enter into consultation with you. You can submit your objection by calling Hortis' office or by e-mail (http://www.hortis.nl/contact/).

Right to correction and/or rectification
If the personal data of you that we are processing are incorrect, incomplete or irrelevant, or are otherwise processed in violation of statutory provisions, you can report this to us. We will then change, supplement or cease the processing of your data. Please specify in your report to Hortis the changes you require. You can submit your request by calling Hortis' office or by e-mail (http://www.hortis.nl/contact/).

Right to be forgotten
You have the right to request Hortis to delete your personal data. You can submit your request by calling Hortis' office or by e-mail (http://www.hortis.nl/contact/).

Use of cookies
A cookie is a small text file that is sent to your computer, mobile phone or tablet when you visit a website.

What cookies does Hortis use?
Hortis uses only analytical cookies (via Google Analytics). Hortis does not use tracking cookies or functional cookies. Pursuant to article 11.7a of the Telecommunications Act, Hortis is not obliged to request permission for the processing of analytical cookies. This because these cookies hardly affect your privacy (you can find more information at https://www.autoriteitpersoonsgegevens.nl/sites/default/files/atoms/files/handleiding_privacyvriendelijk_instellen_google_analytics_2.pdf).

The period for objection
Hortis will not keep your personal data any longer than necessary. If we have processed your personal data for direct marketing purposes, we will keep your personal data up to 14 days. We do so in order to be able to help you quickly and adequately if you want to make use of the services of Hortis. Once the 14 days have lapsed or it is otherwise no longer necessary to keep your personal data, your personal data will be deleted.

If you have entered into an agreement with Hortis, your personal data will be processed for as long as the agreement is in effect. If you terminate the agreement, your personal data will be deleted within a period of three months after the termination.

Security measures
Hortis considers it important that your personal data are processed as carefully as possible. Hortis has therefore taken the following measures to secure the processing of your data:

  Hortis has an official SSL certificate;
  Hortis has antivirus software and a reliable e-mail client (Outlook);
  Hortis stores your personal in a file management system that is password protected.

List of recipients
Within Hortis your data are processed by the finance department and - with a view to answering your questions or performing the agreement - by our lawyers. If it concerns direct marketing, your data are processed by a legal assistant and the office manager.

Depending on the agreement, your data may be provided to third parties. These are:

  Benelux Organization for Intellectual Property (BOIP).
  European Union Intellectual Property Office (EUIPO).
  World Intellectual Property Organization (WIPO).
  Breeders' rights agencies (Board for Plant Varieties, Community Plant Variety Office), Patent Agencies (Netherlands Enterprise Agency, European Patent Office).
  If it concerns legal proceedings, your data are provided to an external law firm and judicial agencies. You will then of course be notified in advance. Which law firm handles your case varies per case and is always subject to consultation with you.
  External patent agent(s)
  Foreign agents in connection with IP registrations abroad.

Your personal data are not provided to others than the above-listed agencies and persons. The above-listed agencies and persons handle your personal data confidentially and guarantee their security.

Right of complaint
If you have a complaint, you can submit it by calling Hortis' office or by e-mail (http://www.hortis.nl/contact/). You can also file a complaint to the Dutch Data Protection Authority (DPA) via https://autoriteitpersoonsgegevens.nl/nl.

Personal data obtained in any other way (direct marketing)
If we have used your data for direct marketing purposes, Hortis will have received your data via the database of the Benelux Organization for Intellectual Property (https://www.boip.int/nl) or via the database of the European Union Intellectual Property Office
(https://euipo.europa.eu/ohimportal/en).

Recipients outside the European Union
If the proper performance of the agreement so requires, we may provide your personal data to the World Intellectual Property Organization (WIPO). You can find the privacy statement of the WIPO at http://www.wipo.int/tools/en/disclaim.html. You can find the address details of the WIPO at https://www3.wipo.int/contact/en/. As an international organization, WIPO guarantees appropriate protection of your privacy.

Relevant laws and regulations
Hortis conforms to all laws and regulations that are relevant in the context of privacy protection, in particular the Personal Data Protection Act (Wbp) and the General Regulation on Data Protection (AVG).

Amendment Privacy Statement
This Privacy Statement may be amended from time to time. It is therefore recommended that you check the Privacy Statement regularly. The last and current version was published on 25 January 2018.