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 “The Supplier”), provides this software service  through several current Internet browsers (Windows Internet Explorer 7 and up, Modzilla Firefox 3.6 and up, Google Chrome 11 and up Apple Safari 5 and up). You are responsible for installing an Internet browser, anti-virus software and other software to protect your computer system against threats.

The supplier 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. The supplier 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 the Supplier or its suppliers and other third parties from whom material is made available. You will respect the (intellectual) (property) rights of the Supplier, 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 the Supplier 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 the Supplier 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 they handle and other with the Supplier's 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.

The Supplier 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. Using the '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.

The Supplier 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 the Supplier. The Supplier 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 the Supplier. 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 the Supplier.

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 the Supplier and its suppliers, to the customers of the Supplier 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 the Supplier. Disputes about or arising from the use of this software service will in the first instance be exclusively settled by the 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 Supplier

The supplier considers the privacy of all parties involved in the settlement of insolvency proceedings to be of paramount importance. The Supplier complies with applicable laws and regulations with regard to privacy and the processing of personal data. The Supplier 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.

The Supplier requests anyone who believes that the Supplier is acting contrary to the applicable laws and regulations with regard to the protection of personal data in the performance of its activities, or that it has other questions or comments, to notify the Supplier via the email address info@claimsagent.nl. The supplier will respond to this within a reasonable period and in principle within one month.

Processing of (personal) data and information

The Supplier 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). Supplier 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) and other relevant regulations; and (2) generates optimal benefit for the Supplier itself and for other stakeholders, including creditors, trustees and administrators.

The Supplier 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 used by the Supplier and hosted in the Netherlands.

Purpose of data processing

The Supplier collects, processes and stores (personal) data and information from creditors in insolvency proceedings with the aim of assisting them as an intermediary in the online submission of their claims to the trustees appointed in those insolvency proceedings by the government. The Supplier shall ensure that the (personal) data and information associated with those claims are made available online or are otherwise electronically passed on to those trustees.

The supplier also aims to assist the trustees as intermediaries in the settlement of insolvency proceedings. In this context, the Supplier also aims to inform the creditors automatically, if desired, about the progress of the insolvency proceedings relevant to them, thereby giving damage-prevention tips to business creditors and alerting them to related business services.

Data minimization

The supplier only collects, processes and stores data and information that are relevant to and limited to the aforementioned objective. In doing so, the Supplier 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. The supplier 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

Supplier will only have all personal data relating to creditors automatically deleted from its databases after six months after the final resolution of the insolvency proceedings in which the relevant creditors have submitted claims. 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 the Supplier 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 the Supplier. He then does this on the basis of his own statutory task.

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

Correctness of data processing

The Supplier 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, the Supplier 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 that 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

However, the Supplier emphasizes that the rules and regulations that apply to the resolution of insolvency proceedings involve that ultimately all data and information of creditors and their claims are public and must be available to everyone. To this extent, all parties involved in insolvency proceedings must assume that their (personal) data will be made public at a certain moment. In principle, the Supplier 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. The Supplier 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 the Supplier is lawful on the grounds that the creditors have given their permission for the above specifically described and compatible purposes, on the grounds that the trustees in the context of the in the performance of their statutory task, have instructed the Supplier to process that processing, or on the grounds that the processing is necessary for the purposes of the legitimate interests pursued by the Supplier or by third parties.

In turn, the trustees further process the (personal) data and information associated with the claims of creditors that they obtain via the Supplier, such as, for example, by assessing the correctness and completeness of those (personal) data and information, at their own discretion, making insight into changes and having them established in court. The trustees and administrators carry out this further processing of (personal) data and information on the basis of their respective legal obligations and insofar as not pursuant to a (processor) agreement with the Supplier. The Supplier therefore has no control over this further processing.

The trustees perform this independent processing of (personal) data and information in the software application on Supplier's computer systems and on their own computer systems.

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

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

The Supplier 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 SSL 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. The Supplier 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, the Supplier will inform the Dutch Data Protection Authority and the users by e-mail.

The Supplier will only provide (personal) data and information under management to and for further processing at the disposal of third parties, who will either act on the basis of their respective legal obligations or have contractually undertaken to process the data and information in accordance with the applicable privacy regulations and have demonstrated this to the Supplier.

The parent company of the Supplier, that is CrediVera BV, 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 the Supplier, have signed a confidentiality statement.

Complaints about the processing of personal data

The Supplier requests anyone who believes that the Supplier 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 the Supplier via the address info@claimsagent.nl. The supplier will respond to this within a reasonable period and in principle within one month. It is also possible to file a complaint about the Supplier's conduct 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.

The Supplier 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 the Supplier, 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. The supplier 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: May 22, 2020