Privacy policy · Digital Notary

Digital Notary B.V. (hereinafter: "Digital Notary") attaches great importance to the protection of your personal data. In this privacy policy we explain what data we collect, how we use, share and protect it, and what rights you have. We process personal data in accordance with the General Data Protection Regulation (GDPR) and other relevant legislation.

This privacy policy applies to all our services, including our online platform, the associated website and all communication channels. Companies that use our platform also enter into a data processing agreement with Digital Notary.

1. Content and applicability

This privacy policy applies to all processing of personal data within Digital Notary B.V. and the services we offer via our website and platform. We recommend that you read this statement carefully to understand how we handle your data. This privacy policy is updated when our services or relevant legislation change. We inform you of important changes by email or by notifications in our platform.

2. Controller

The controller for the processing of your personal data is Digital Notary B.V., Brouwersgracht 77, 1015 GC Amsterdam, KvK number 91355702, email support@digitalnotary.nl, telephone +31 6 42 15 09 26.

Digital Notary has not appointed a Data Protection Officer (DPO), but we do have a privacy contact person. For privacy questions you can contact us using the details above.

We offer some of our services in cooperation with Nxchange B.V., a group company of Digital Notary B.V., and with various notary's offices. In those cases we, together with Nxchange B.V. or the notary's office involved, are joint controllers for the related data processing. Nxchange B.V., Brouwersgracht 77, 1015 GC Amsterdam, KvK 62712616, email support@nxchange.com, telephone +31 20 240 43 65.

3. What data do we collect?

Digital Notary processes different types of personal data, depending on your interaction with our services.

Identification data: name, address, date of birth, email address, telephone number.
Financial data: IBAN, BIC, name of the bank account holder.
Authentication data: copy of identity document including identity number and signature.
Technical data: IP addresses, device data, cookie information and user behaviour.
KYC and compliance data: data the civil-law notary must request under the Wwft and sanctions legislation, including UBO information and information from PEP, AML and sanctions checks.

The notary's office is responsible for the processing of this personal data by the notary's office after we have provided the data to the civil-law notary. For information about this, please refer to the privacy policy of the notary's office.

How do we collect data?

Directly from you: via our website or platform, for example when you register or use our services.
Via third parties: such as Sumsub for identity verification and SurePay for IBAN checks.
Automatically: through use of our platform or website, for example via cookies and analytics tools.

4. Purposes of processing

Digital Notary collects and processes personal data exclusively for the following legitimate purposes.

Incorporation of legal entities: incorporating and managing private limited companies (BVs) in cooperation with the notary's offices involved and Nxchange B.V., and keeping digital shareholder registers via Nxchange B.V. as an intermediary within the meaning of the Securities Giro Transfer Act (Wge).
Legal compliance: identity verification (KYC) and compliance with anti-money laundering legislation (AML) and sanctions checks. Meeting tax and legal obligations, such as reporting to tax authorities.
Financial processing: facilitating payments via payment service providers we work with, including Mollie and SurePay.
Improving our services: optimising our platform through data analysis and risk assessments, automating processes with tools such as Make.
Customer communication: newsletters and relevant information via Loops, support via our CRM platform (Retool), and marketing-related emails.

Legal bases

We only process personal data when there is a legal basis for doing so under the GDPR: performance of a contract, compliance with legal obligations, legitimate interest of Digital Notary or Nxchange B.V., or your explicit consent. You can withdraw your consent at any time via info@digitalnotary.nl.

5. Cookies and tracking

Digital Notary uses cookies and similar technologies to improve your user experience, ensure the functionality of our platform and collect statistics on the use of our services.

Essential cookies: necessary for the operation and security of our website and platform.
Analytical cookies: to understand user behaviour and improve our services.
Functional cookies: to remember user preferences, such as login details.

Third-party cookies we use: Google Analytics 4 for anonymised usage statistics, including cross-domain measurement between digitalnotary.nl and app.digitalnotary.nl, Supabase for storing technical data and user data, Loops for tracking interactions with emails and newsletters. On your first visit to our website we ask for your consent to the use of non-essential cookies. This consent is requested again every year.

Digital Notary only shares your personal data with carefully selected third parties and only where this is necessary to perform our services, meet legal obligations or improve our systems and processes.

Sub-processors we work with

Identity verification and compliance: Sumsub (KYC, PEP, AML) and ComplyAdvantage (UBO screening and compliance).
Payment processing: Mollie (payments and financial transactions) and SurePay (IBAN verification and account name check).
Data storage and technical support: Supabase (primary database) and Google Drive (secondary document storage).
Communication and automation: Loops (emails and newsletters) and Make (process automation).

We have concluded data processing agreements with all our partners to ensure that your data is processed and protected in accordance with the GDPR.

7. Storage location and retention period

Digital Notary stores your data within the European Economic Area (EEA). In exceptional cases data may be transferred to countries outside the EEA. If personal data is processed outside the EEA in countries for which the European Commission has not adopted an adequacy decision, we provide appropriate safeguards, such as the European Commission's standard contractual clauses.

Retention periods

Data we must keep under legal obligations: for the statutory retention period, for example 7 years for tax and accounting purposes.
Customer data: up to 24 months after your account is closed, unless otherwise required.
Identity verification: data processed via Sumsub is kept for as long as required for compliance and KYC purposes.

After the retention periods expire, your data is securely deleted or anonymised.

8. Your rights

As a user you have the following rights under the GDPR with regard to your personal data.

Right of access to the personal data we process about you.
Right to rectification if your data is incorrect or incomplete.
Right to erasure, unless we are legally obliged to retain the data.
Right to restriction of processing, for example during a dispute about the accuracy of data.
Right to data portability in a structured, machine-readable format.
Right to object to processing based on legitimate interest.
Right to withdraw consent at any time.

You can submit requests via info@digitalnotary.nl or by telephone on +31 85 800 0389. We respond within 30 days, with a possible extension of 30 days for complex requests. If you believe we are not processing your data correctly, you can file a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) via autoriteitpersoonsgegevens.nl.

9. Data security

Digital Notary takes extensive technical and organisational measures to protect your personal data against loss, unauthorised access, alteration or unlawful processing.

Encryption: data is encrypted both in transit and at rest using advanced encryption protocols.
Access management: access to personal data is limited to authorised staff; users log in with strong passwords and, where possible, two-step verification.
Secure infrastructure: databases are hosted via Supabase; the platform is developed in Flutterflow.
Audits and monitoring: periodic audits of our security, continuous monitoring for unusual activity.

10. Data breaches

In the event of a data breach, we follow a strict protocol to limit damage and communicate transparently. Within 72 hours of discovery we inform the Dutch Data Protection Authority, unless the data breach poses no risk to the rights and freedoms of data subjects. If your data is involved in a data breach, we inform you of the nature of the breach, which data has been affected and what steps are being taken to prevent further damage. Immediately after an incident we implement technical and organisational changes to prevent future data breaches.

11. Changes to this privacy policy

Digital Notary reserves the right to amend this privacy policy. Minor changes are updated and published on our website immediately. In the case of important changes, such as adjustments due to new legislation or changes in our services, we actively inform you by email or a notification on our platform. The most up-to-date version of this privacy policy is always available on our website.

Contact

Do you have questions about this privacy policy or would you like to submit a request regarding your data? Email support@digitalnotary.nl or write to Brouwersgracht 77, 1015 GC Amsterdam.