Legal information

IMPORTANT: Please read these Terms of Use and the Privacy and Security Policy below carefully before using this software service. You must accept the applicability of the following terms of use and privacy policy—including the installation of cookies on your computer—in order to use this software service.

Terms of Use for software service and websites

ClaimsAgent B.V., with its registered office in Rotterdam and registered with the Chamber of Commerce under number 52046087 (hereinafter referred to as “ClaimsAgent”), makes this software service available through the most common Internet browsers. You are responsible for installing an up-to-date version of an Internet browser and other software to protect your computer system against threats. ClaimsAgent makes this software service available in its current state (as is).

ClaimsAgent may make changes to this software service at its own discretion. ClaimsAgent is not obliged to maintain or add specific features to this software service. ClaimsAgent does not provide any additional services unless a separate agreement has been concluded to that effect.

All rights relating to (the content of) this software service are the (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 rights of the database producer and the data and information based on and derived from it. You grant ClaimsAgent permission, insofar as required, to include the data and information you enter, including personal data, in the database and to use that data and information for the performance of the agreements with you and with its other users, with due observance of the privacy policy below.

You provide (personal) data and information either at the request of the trustee/administrator or on your own initiative. In both cases, you grant ClaimsAgent permission, to the extent required, to make your (personal) data and information available to the trustee/administrator or to pass it on for further processing in the context of the settlement of the insolvency proceedings handled by them, all in accordance with ClaimsAgent's Privacy and Security Policy set out below.

You undertake to treat the login details that you receive when creating an account or subsequently as confidential and to take all reasonable measures to protect their confidentiality when engaging assistants or other third parties. You undertake to immediately update any changes to the information you have registered in your account.

You undertake to ensure that the email address you have registered is valid for the entire period of use of the software service and you must 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 communications regarding the claim(s) you have submitted and all related calls may be sent to the email address(es) you have registered.

ClaimsAgent and its suppliers exclude any liability for damage resulting from unauthorized use of the login details. If there is reasonable cause to change the login details, you will do so immediately. You can obtain a new password using the “Forgot your password?” function.

The use of (the content of) this software service and related websites, including the transfer and exchange of data, is exclusively for personal use and at your own risk. You are not permitted to publish, commercially exploit, reproduce, or sell the content of this software service and related websites of ClaimsAgent and information based on or derived from it on a non-incidental basis, whether or not edited, in any form whatsoever, or to integrate it into networks or otherwise disclose it.

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 all liability for direct and indirect damage, including immaterial damage, business damage or stagnation damage, resulting from the use of this software service or the data and information transferred, obtained, consulted and used via this software service and ClaimsAgent's websites. ClaimsAgent and its suppliers are not liable for damage resulting from a malfunction or the inaccessibility or unavailability of this software service and related websites.

You must comply with any instructions provided by ClaimsAgent.

You must refrain from:

registering or submitting for verification a non-existent claim or a claim for an increased amount (punishable under Article 344 of the Criminal Code);
any use of this software service in a manner that is or may be harmful to ClaimsAgent and its suppliers, to customers of ClaimsAgent or to third parties;
sending unsolicited messages of a commercial nature (spam) to persons whose email address you have obtained through this software service;
modifying, damaging, disabling, or overloading this software service, as well as hindering or obstructing its use;
spreading viruses or other harmful components.

The use of this software service provided by ClaimsAgent is governed by Dutch law. Any disputes arising from or in connection with the use of this software service will in the first instance be settled exclusively by the District Court of The Hague.

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

Privacy statement ClaimsAgent

ClaimsAgent attaches great importance to the privacy of all parties involved in the settlement of insolvency proceedings. ClaimsAgent complies with the applicable laws and regulations regarding privacy and the processing of personal data. ClaimsAgent has taken various organizational and technical measures to secure the (personal) data and information it collects, processes, and stores. Below you can read what the processing of the (personal) data and other information you enter entails.

Processing of (personal) data and information

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

(1) about (the settlement of) insolvency proceedings (i.e., bankruptcies and suspensions of payments), including proceedings relating to natural persons who run a business; and

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

(3) those who are professionally involved (whether or not as independent controllers) in the settlement of insolvency proceedings (i.e., trustees, administrators, judges, and their respective assistants).

(Parties (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 GDPR Implementation Act and other relevant regulations; and (2) generates optimal benefit for itself and other stakeholders, including creditors, trustees, and administrators.

ClaimsAgent collects, processes, and provides the aforementioned (personal) data and information by means of its own software application available via the Internet websites ClaimsAgent.nl (for creditors) and Trustee.ClaimsAgent.nl (for trustees), by means of data links (APIs) with the judiciary and with third-party email services.

Purpose of data processing

ClaimsAgent collects, processes, and stores (personal) data and information for the following purposes:

(1) to assist creditors in insolvency proceedings as an intermediary in the online submission of their claims to trustees and administrators; and

(2) to inform creditors in insolvency proceedings about the progress of the insolvency proceedings in which they have submitted claims; and

(3) to assist trustees and administrators as an intermediary in the settlement of insolvency proceedings in which they have been appointed by the government and in which they, as independent controllers, process (personal) data and information from creditors in the performance of their legal duties in the public interest; and

(4) thereby develop additional (future) services within the limits of the applicable laws and regulations.

Data minimization

ClaimsAgent collects, processes, and stores only data and information that are relevant to and limited to the aforementioned purpose. In doing so, ClaimsAgent takes into account the stage of settlement of the respective insolvency proceedings and does not itself request the provision of more data and information than is necessary at the relevant stage.

ClaimsAgent also facilitates the request and provision of further data and information (including personal data) by trustees and administrators to creditors in the context of their legal duties.

Storage restriction

ClaimsAgent will only automatically delete all personal data from its databases six months after the final settlement of insolvency proceedings. A fixed term or a fixed moment cannot be determined in advance, as the duration of insolvency proceedings varies from case to case and ClaimsAgent has no control over this.

Please note: personal data of private individuals who have submitted a claim as consumers or sole traders will also be automatically deleted. The trustee or administrator in the relevant insolvency proceedings may also have stored their (personal) data in their own records and may retain it for longer than ClaimsAgent. In doing so, they act as an independent controller on the basis of their own legal duty in the public interest.

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

Accuracy of data processing

ClaimsAgent cannot guarantee the accuracy of the (personal) data and information of users due to the nature of the service: this essentially involves the legal assessment and determination of claims that are not yet established in principle and of related (personal) data and information in insolvency proceedings.

ClaimsAgent is only an intermediary (agent) with regard to such (personal) data and information, acts in a strictly passive capacity in this regard, and does not itself enter any (personal) data or information about claims, does not delete such data or information, and does not make any changes to it.

Creditors provide their (personal) data and information about their claims via the above-mentioned websites at their own risk and on their own responsibility. Where applicable, third parties appointed by the creditors provide this (personal) data and information on their behalf, or the relevant trustees or administrators enter this (personal) data and information via the aforementioned websites.

Consulting, changing, and deleting personal data and information

Creditors have access to their personal data and information at all times via their accounts and can consult, change, or delete this information at any time. This also includes personal data and information relating to their submitted claims.

If and insofar as the trustees or administrators have entered (personal) data and information of creditors, they have done so in the performance of their legal duties. In that case, creditors who have not entered their (personal) data online themselves must request the relevant trustee or administrator to change or delete it.

Data portability

Users can access the current personal data and information collected, processed, and stored about them via their account. Users can further process this personal data and information (i.e., via downloads or copies) via their account.

Disclosure of (personal) data

ClaimsAgent emphasizes that the legal rules applicable to the settlement of insolvency proceedings entail that ultimately all (personal) data and information of parties involved in insolvency proceedings (including users) will be made public and must be accessible to everyone.

In this regard, ClaimsAgent does not, in principle, perform any actions that result in the disclosure of creditor data, including personal data, via the aforementioned websites or otherwise. However, professionals involved in the settlement of insolvency proceedings may use the services to disclose data and information from and about creditors via the aforementioned websites. ClaimsAgent has set up the services in such a way that personal data is anonymized or protected in such cases. This is in accordance with the guidelines of the judiciary.

Lawfulness of data processing

The processing of (personal) data and information by ClaimsAgent and its provision to the receivers and administrators is lawful on the grounds that the creditors have given their consent for the purposes specifically described above and compatible with those purposes, on the grounds that, where applicable, trustees and administrators use the services of ClaimsAgent in the context of performing their legal duties, or on the grounds that the processing is necessary for the representation of the legitimate interests of ClaimsAgent or third parties.

The trustees and administrators in turn process the (personal) data and information relating to the claims of creditors that they obtain via ClaimsAgent, for example by assessing the accuracy and completeness of that (personal) data and information, making changes to it at their own discretion, and having it established in court. The trustees and administrators carry out this further processing of (personal) data and information on the basis of their relevant legal obligations as independent controllers and to the extent that this is not pursuant to a (processing) agreement with ClaimsAgent and also not as joint controllers together with ClaimsAgent.

The trustees and administrators carry out this independent processing or editing of (personal) data and information both in the software application on ClaimsAgent's computer systems 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.

To this end, ClaimsAgent's software application and database are hosted at a certified data center in the Netherlands or within the European Union. The hosting provider's services are surrounded by security services, about which ClaimsAgent does not provide any further information for security reasons.

ClaimsAgent has secured the data traffic with the websites, software applications, and computer systems to which users provide and extract (personal) data by means of encryption, which means that the data traffic between the website and the user (by means of a so-called TSL certificate) is electronically encrypted and protected against access by third parties. However, absolute security of data transmission via 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 offers no guarantee for the absolute security of the software application or computer systems it uses.

ClaimsAgent will notify the Dutch Data Protection Authority and users by email in the event of a breach of the security of (personal) data or information.

ClaimsAgent will only make (personal) data and information available for management and further processing to third parties who either act on the basis of their relevant legal obligations or have contractually undertaken to process the data and information in accordance with the applicable privacy regulations and have demonstrated this to ClaimsAgent.

The parent company of ClaimsAgent, CrediVera B.V., has registered the processing of personal data with the Dutch Data Protection Authority in The Hague. All parties who, other than as a trustee or administrator or their assistants pursuant to their relevant legal obligations, may become aware of the (personal) data or information processed or stored by ClaimsAgent have signed a confidentiality agreement.

Complaints about the processing of personal data

ClaimsAgent requests anyone who believes that ClaimsAgent is acting in violation of the applicable laws and regulations regarding the protection of personal data in the performance of its work, or who has any other questions or comments in this regard, to notify ClaimsAgent at the email address . ClaimsAgent will respond within a reasonable period of time and, in principle, within one month. It is also possible to lodge a complaint about ClaimsAgent's conduct with the Dutch Data Protection Authority in The Hague. The relevant contact details can be found here.

Click behavior

This software service records general visit data without identifying users. The purpose of this is to optimize the layout of the software service. This data may also be used to place more targeted information on the site.

Use of cookies

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

ClaimsAgent only uses functional cookies to facilitate navigation on 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 aggregate form 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 to ClaimsAgent, your username and password may be stored in a cookie.

You are always entitled to refuse cookies. To do so, you can set your web browser to refuse all cookies or only certain cookies (please refer to your web browser's manual). If you refuse cookies, certain services may not be available to you.

ClaimsAgent and other websites

On the ClaimsAgent websites, you may find hyperlinks to other websites, including those of the judiciary. ClaimsAgent accepts no liability for the handling of your data by the administrators of other websites.

Changes

ClaimsAgent may make changes to the above Terms of Use and Privacy and Security Policy without notice. The latest version of the Terms of Use and Privacy Policy replaces older versions. Therefore, please check these Terms of Use and Privacy and Security Policy regularly.

This document was last amended on: September 9, 2020.