V1.0 – October 2020
Stichting Waarborgfonds Eigen Woningen privacy declaration
relating to Mortgage Guarantee Bonaire (HGB)
Introduction
HGB is a Stichting Waarborgfonds Eigen Woningen (WEW) product. WEW processes personal data. We wish to inform you about this in a clear and transparent manner. In this privacy declaration you can read what data of yours WEW processes and why.
WEW respects your privacy and makes every effort to protect the personal data that are processed. We process personal data securely and carefully and in accordance with relevant legislation and regulations.
All WEW’s processing is derived from WEW’s aims for the Caribbean Netherlands and these aims are as follows:
- WEW wishes to contribute to the interests of the State of the Netherlands in order to ensure a constantly favourable climate for home ownership, including in the Caribbean Netherlands, by offering consumers access to finance for their own homes at as low a price as possible;
- This contribution is in line with WEW’s own aims which include encouraging ownership by natural persons of homes situated in the Netherlands and therefore also in the Caribbean Netherlands – for the time being only Bonaire - for them to live in themselves;
- WEW intends to establish the effectiveness and efficiency of the mortgage guarantee scheme developed by WEW on Bonaire.
WEW has no commercial interests and processes your data only and exclusively to fulfil these aims.
Amendments
This Bonaire privacy declaration may be amended if new developments make this necessary. You will always find the most up-to-date privacy declaration on www.hypotheekgarantiebonaire.nl.
Definitions
A number of terms are used in this declaration and we explain them below.
- Personal data: Data that say something about you directly or indirectly. For example, your name and address or even your income.
- Special categories of personal data: These are extra-sensitive data such as data concerning ethnic origin, political views, religious conviction, health and criminal records.
- Processing: Everything that can be done with personal data. For example, gathering, storing, using and deleting your data from our records.
Applicability
This privacy declaration applies to all personal data that WEW gathers and processes concerning (potential) customers and users of its website and other services.
Controller
WEW is the controller of the processing of personal data that fall within the area of application of this privacy declaration. WEW has an office at Utrecht, Stadsplateau 13, 3521 AZ.
Legal basis
To be able to process personal data, an organisation must have a legal basis for doing so. The legal bases for WEW’s processing are described below.
We process the personal data of our (potential) customers because we have a justified interest in doing so. By recording the data we can for instance operate WEW’s administration, collect commission, manage fund assets, mitigate risks and be held accountable for this. You also have an interest in this, of course, because, should the need arise, you can submit a claim for a cancellation assessment or receive other assistance from WEW if that is possible.
In order for us to take a decision about cancellation, it may be that data relating to health are relevant. This is a special category of personal data that we may not process unless you have given us your express consent to this by using the consent form and then only if they are important and only for the above-mentioned specific purposes.
Personal data relating to criminal convictions and criminal offences or security measures associated with these are also a special category of personal data. We may not process these unless this is necessary to protect our interests and criminal offences against WEW have been or are being perpetrated or for the assessment of a request from a data subject for a decision to be taken about him or to provide a service for him. In addition, we may process such data with your express consent.
We only process such data if they are relevant and only for the above-mentioned specific purposes. In this connection, we process these data to combat fraud and to monitor integrity within the financial sector, in the interests of our customers, our employees, our organisation and other financial institutions external to our organisation.
If you send us personal data without us asking for them, for example to ask us something, then we may process these personal data because by sending them to us you give us consent to use these personal data to answer your question. Exceptions to this include criminal records and data about health as described above.
Purposes of processing
All WEW’s purposes of processing relate to its statutory objects. In this section, the purposes are explained in more detail by processing activity.
1. Checks
When you apply for a mortgage, you may also be applying for an HGB. Your lender sends your mortgage file on to us so that we can check whether you are eligible for a mortgage with HGB. We then process data about your income, any financial obligations such as repayment of a student loan or personal loan, your age, your family composition if relevant and the level and structure of the loan that you would like to take out.
In connection with responsible lending by HGB, your lender also sends us data that have been compiled about you by the Caribbean Credit Bureau. These data may only be sent to us if you give your consent to this. If at the time of the mortgage application with HGB you reside in the European Netherlands, a BKR (Dutch Credit Registration Office) check is also performed.
2. Mortgage with HGB
If you take out a mortgage with HGB and WEW accepts your application for HGB, once the mortgage has been executed by a notary, personal data will be passed on to us. These are the same data categories as for processing purpose 1 (checks). We process these data in order to register your guarantee.
3. (Impending) payment problems and home retention
It may occur that the mortgage becomes difficult to pay at a particular time or threatens to become so. The end of a relationship, incapacity to work and unemployment are circumstances that may impact your financial situation. In such situations, WEW can, together with your lender, help you for instance to catch up with your arrears and make the mortgage payments manageable again so that you can retain your home and avoid selling your home at a loss. For this purpose, where relevant, we process data about your arrears, your employment situation or possibly a relationship (that has ended).
Here it may occur that WEW processes special categories of personal data, for instance about your health or perhaps a criminal record. These data are only processed for the purpose of determining whether there are options for assisting with the payment problems and you thereby retaining your home.
4. Selling your home
If you sell your home at a loss, you have a residual debt. If you have a mortgage with HGB, subject to certain criteria WEW may be able to cancel your residual debt. WEW will look into this as soon as we receive a declaration of loss from your lender and must assess whether you are eligible for cancellation. At that point, your lender passes over to us the data that it has about you. These are the data that it has gathered about you during your period of residence and which are relevant for us regarding the cancellation assessment.
This file contains data about your income, any assets and outgoings, any arrears and the way in which your lender has tried to assist with these arrears. in addition, in certain situations the file may contain data about the end of a relationship, unemployment, your health or the health of a family member or a criminal situation.
5. Request for review or appeal
It may be that you do not agree with WEW’s decision regarding the cancellation of your residual debt. In that event, you may submit a request for a review, with or without the involvement of a legal representative. We use the data that you pass on to us in this situation in considering whether or not to revise the decision. If this does not lead to a revised decision, you may possibly be able to submit an appeal, again with or without the involvement of a legal representative. In that event, we use the data to defend our position in the legal dispute.
6. For identification
Part of the file that your lender passes over to us is a copy of your proof of identity. We need this document in order to check whether a proper Caribbean Credit Bureau or BKR check has been performed. We are given this proof of identity document by your lender who ensures that your national identification number is crossed through.
7. Comparison of data
In order to ensure that our data are correct, we check them regularly with the lender from which we initially received the data.
8. Data analysis
On the basis of aggregated information, WEW performs analyses of the use of its services and the associated risk for WEW. When performing these analyses, we process personal data so as to be able to perform statistical analyses. The results of these analyses are reported on only on an aggregated basis. This means that the results cannot in any way whatsoever be traced back to individual customers.
9. Questions & complaints
You can contact us with any questions or complaints via various channels. If you contact us, we will process personal data to answer your question. For this purpose we process your name, contact details, your correspondence with WEW about your question and all other personal data that you pass to us and that are required by us to answer your question.
10. Product development and data analysis
On the basis of aggregated information, WEW performs analyses of the use of its services, how the processes run and the associated risk for WEW. We also look at market developments and trends so as to improve our service. When performing these analyses, we process your data so as to be able to perform statistical analyses. Here the data are stripped as far as possible of directly traceable personal data. The results of the analyses are reported only on an aggregated basis. This means that the results cannot in any way whatsoever be traced back to individual customers.
11. Customer survey
In order to improve WEW’s products and to gain an idea of our (potential) customers, we sometimes contact a selection of our customers for a survey. Here we use only your name, address and domicile. The results of these surveys are used for asking supplementary questions only in a few cases. The reports on the surveys are reported only on an aggregated basis unless otherwise stated. This means that the results cannot in any way whatsoever be traced back to individual customers.
If you are approached for such a survey, you of course have the right not to participate in it. Moreover, you can let us know that you do not want to be approached again for these surveys in the future. It may also be that we conduct surveys where the results can be retraced. If you are asked to take part in such a survey, we will always let you know this.
Data sources
As you can see in the above section, we receive personal data from various sources. We have summarised these sources for you again below:
- Your mortgage lender when checking and registering the mortgage with HGB, in the event of arrears, questions and requests to WEW or upon sale where there is residual debt;
- The Caribbean Credit Bureau and the Dutch Credit Registration Office where we or the lender enquire about any debts;
- Your legal representative, for example your lawyer in the event of a complaint or appeal;
- Yourself, for example via a website, in the event of a complaint or via social media.
Retention periods
WEW has a retention period policy which sets down the periods after which WEW will delete or anonymise personal data. In short, the following periods apply:
- Regular deregistration of a guarantee: 7 years;
- Sale with debt cancellation: 10 years;
- Sale without debt cancellation: 20 years.
If you wish, we can send you more information about these periods.
Passing your data on to third parties
When providing its service, WEW involves various third parties, these belonging in the following categories:
- IT hosting
- Collection specialist
- Customer research company
- Auditor
- Actuarial research company
- Printing company & mailing company
- Automation service providers
In addition, WEW passes on personal data, if relevant, to third parties that provide their own services as controllers, these being parties in the following categories:
- Estate agent
- Valuer
- Notary
- Bailiff
In so far as these third parties process personal data when providing the services and business activities concerned, WEW takes the required contractual, technical and organisational measures to ensure that the data are processed only in so far as this is necessary within this context. In any event, these parties will only process personal data in conformity with the applicable legislation and regulations.
All personal data that WEW processes are stored within the European Economic Area (EEA). Managers outside the EEA may obtain access to those data only if it is necessary for the maintenance of the service and at WEW’s request. In such cases, any processing is based on agreements in which the standard terms and conditions relating to data protection stipulated by the European Commission are included. You can request a copy of the various agreements via privacy@nhg.nl.
Personal data are only passed on to tax authorities, law enforce agencies such as the police and judicial authorities or regulators only if WEW is legally obliged to do so.
Sharing your personal data within WEW
Within WEW, only employees working directly in our client services have access to personal data. Exceptional rights relating to such access are granted subject to controls and with good reason.
Protection
WEW handles personal data with care. WEW has taken appropriate technical and organisational measures to protect personal data from loss or illegal processing. Here WEW relies on the internationally recognised standard ISO27001. The main elements of this are the training of our staff, secure servers, physical security of areas where data are stored and encryption of the data during storage and transportation. You can find more information about how we protect your personal data in our Privacy & Security Statement on www.nhg.nl/privacy.
We also advise you to handle your own data with care and confidentiality and not to share your personal data publicly without careful consideration.
Your rights
As a data subject you have a right of inspection, a right to correction, to data erasure (deletion) and to the restriction of the processing and the right to object to the processing. In addition, you have a right to withdraw any consent given to the processing of special categories of personal data. These rights are described in Articles 15 to 22 of the General Data Protection Regulation. These rights are not absolute and will be assessed by us in the individual case.
You also have the right not to be subject to a decision based solely on automated processing, including profiling, where there are associated legal consequences for you or where you are considerably affected in some other way. Lastly, you have a right to submit a complaint to a regulatory authority if you are of the opinion that we are not complying with the relevant legislation in the course of our processing. In that event, you can contact the BES Commission for the Protection of Personal Data and the Personal Data Authority in the European Netherlands (Postbus 93374, 2509 AJ The Hague). In fact, these authorities work together.
The exercise of your rights commences in principle with the right of inspection. You may submit a request for this to us, enclosing a copy of your identity document. Because we may not process any national identification numbers, we ask you to cross through this number on the copy of your identity document.
You can send the request to privacy@nhg.nl or in writing to:
WEW
f.a.o. the Data Protection Officer
Stadsplateau 13
3521 AZ Utrecht
THE NETHERLANDS
We ask you to state in your request whether you would like to receive your data in written form by post or would prefer to receive the data by email. In the latter case, we ask you to state your email address in the request.
The procedure
Once we have received your request, we will send you confirmation of this. We will then set about gathering all the information about you that we have recorded. It may occur that in the meantime we have questions about why we are approaching you. It may also be that we must cross through the specified data that may relate to other people, for example an (ex-)partner. It may also be that we are legally obliged to ask other people for their consent to passing the data on to you. In some cases this may lead to delay.
We do our best to send you a summary of your data in so far as they are known to us within four weeks. If we cannot meet this deadline, we will inform you of this as soon as possible. We will do so in any event before the four-week deadline has expired. According to the law, we are permitted to extend the lead time by a further four weeks. However, we try to avoid doing so. Once we have gathered all the data, we will send it to you.
Questions
You can ask questions about this privacy statement via privacy@nhg.nl.
Disclaimer
The greatest possible care has been taken in producing this privacy statement. The legislation and regulations in force are the decisive criterion in each specific situation.