Torus Solution NV (hereafter, we, our and so on), operating in the Netherlands as the representative of the RT Tax trademark, seeks to protect the privacy of all persons as we process personal data. We process personal data in accordance with the EU General Data Protection Regulation (hereafter, BDAR) and applicable national legislation and regulations. We confirm that Torus Solution NV respects your privacy and undertakes to protect your right to the lawful processing and protection of your personal data.
Data Controller – the controller of your personal data is Torus Solution NV (company code 126057, registered address Business Center – Kaap Noord, Asterweg 17A2, 1031 HL Amsterdam, Netherlands, the address at which operations are performed is Business Center – Kaap Noord, Asterweg 17A2, 1031 HL Amsterdam, Netherlands, email firstname.lastname@example.org, tel.: +31-20-8943-774), to which you provided your personal data regarding contractual or pre-contractual relations, or the Services of which you intend to use.
Client (you) – the natural person who uses the Services, used the Services or has expressed the intention to use the Services.
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Data Processing – any operation performed with Personal Data (including collection, recording, storage, alteration, dissemination or other making available, querying, transmission and so on).
Services – any services offered or provided by Torus Solution NV, as the RT Tax representative in the Netherlands, including, but not limited to intermediation for the Client to refund taxes from foreign tax authorities (the list of states from which you may refund taxes is available at the following web sites: rttax.com.
Direct Marketing – activity performed by means of electronic mail, telephone or other direct way to offer persons services and (or) ask their opinion regarding offered services.
Web Site – rttax.com.
Why do we collect your Personal Data?
We collect and use Personal Data so that we can provide you the Services (creating, carrying out the agreement), improve the Services, send notices, offers and information, protect our and third-party rights and interests, and comply with applicable legislation and other regulations. If you do not provide us your Personal Data, we will not be able to provide you our Services.
Having your consent, we process your Personal Data for purposes of direct marketing. You may revoke your consent regarding direct marketing at any time.
How do we collect your Personal Data?
We receive most of the data from you directly, but we may also receive some data from other sources.
Torus Solution NV usually receives Personal Data directly from persons with whom the data is associated, i.e. we receive your Personal Data:
- when you provide this data to us directly, e.g.: you make a request; you communicate with Torus Solution NV (in person, by telephone or by email), you communicate with our partners, you complete a registration form, you leave us your contact information; you register, visit our web site and by other means.
- you use our Services or web sites;
- when you report a problem or communicate with us regarding the quality of the Services,
- when you participate in discussion forums, social media pages, a web page and so on.
In certain cases, Torus Solution NV receives Personal Data from persons who are not the data subject (you), for example, from our business partners to whom you have provided your data, seeking to receive services from us; also, receives Personal Data from foreign state institutions administering tax refunds in such case when you did not provide (could not provide) all necessary documents for tax refund or other sources when such duty is specified by legislation and regulations.
We can also receive your Personal Data when we sign various agreements to which you are not necessarily a party or a representative of a party (e.g., an agreement created in accordance with a power of attorney, an agreement with a legal entity in which contact persons or the data of representatives is specified, and so on).
What kind of Personal Data do we process?
The main activity of Torus Solution NV as the RT Tax representative in the Netherlands, is associated with intermediation for Clients to refund taxes. We process your Personal Data so that we can provide and improve these Services. Correspondingly, the precise extent of the Personal Data we process depends on the Services you have ordered or on our relations with you as well as the requirements of the applicable legislation and regulations in the area of tax refunds of the country in which you want to refund taxes.
Torus Solution NV also processes the Personal Data of representatives of its own clients and service providers who are companies and natural persons.
We usually collect and process the following Personal Data:
- data to determine identity, such as first name, surname, personal code, date of birth, taxpayer code, country of birth, citizenship, data of a personal identity document (and copy), photograph;
- contact data, such as residential address or address for correspondence, telephone number, email address, IP address;
- professional (work) data, such as data about an employer (former employer), work experience, salary, payments received, payments made, social insurance number (code), taxpayer number (code), data about business certificates or individual activity certificates as well as other data which are required to be provided to the tax authority in the state from which you want to refund taxes;
- data about family, such as marital status, minor children;
- financial information, such as bank account numbers.
We do not process sensitive data (of special categories) associated with your health or political opinions except cases when such data is required by law or in special cases, when, for example, you disclose such data when using the Services (e.g., informing about payments received as compensation for illness).
We collect data about minor children only to the extent and only in the case when such collection is required and is necessary for the purpose of seeking to refund taxes to you (applying tax benefits/privileges and so on).
With whom do we share your Personal Data?
Because of the nature of the Services provided, we must share your Personal Data when performing everyday operations, seeking to refund taxes to you, because tax refunds are performed not by us, but by tax authorities in various states (in those from which you sought our services in order to refund taxes).
We may disclose your Personal Data:
- to Torus Solution NV partners with which Torus Solution NV together provides Services;
- to foreign tax authorities administering tax refunds;
- to state institutions and other subjects which perform functions assigned to them by law;
- to processors of Personal Data who help us provide Services (for example, web site maintenance and development);
- to authorised auditors, and to legal and financial consultants;
- when such disclosure is required by law, in compliance with laws and legal processes when we believe in good faith that disclosure of such information is necessary to protect your or our rights or to ensure the safety of other persons, or to respond to the requests of state institutions or officials.
We hereby state that we make use of partners, processors of Personal Data, only when we are certain that such partners will ensure the proper organisational, legal, technical and physical measures to ensure the security and lawful processing of your Personal Data.
Who can access your Personal Data?
Your Personal Data can be accessed only by persons having such a right inside Torus Solution NV or third parties contracted by Torus Solution NV, or other persons when such access is required or allowed by legislation and regulations. We confirm that for the processing of your Personal Data we may only contract with such third parties which provide sufficient guarantees regarding proper implementation of technical and organisational measures so that such processing complies with the requirements of GDPR and applicable legislation and regulations and the protection of your rights is ensured.
When disclosing your Personal Data, we undertake to ensure that the recipient of the data follows the same Personal Data protection and processing measures as we do.
Processing activity performed by third parties is always governed by a Privacy and Data Processing Contract or other specialised conditions, regarding which Torus Solution NV agrees with such third-party processors.
The data about you which we collect may be processed (including storage) beyond the borders of your country, the European Union and the European Economic Area, for example, the USA, New Zealand, Canada (depending on the country from which you are seeking to refund taxes).
What kind of rights regarding your Personal Data do you have?
Torus Solution NV seeks to ensure that the activity of Personal Data processing is honest and transparent, and also that all personal rights provided for in applicable legislation and regulations are constantly protected.
You have the following rights:
- the right of access to your own Personal Data. At your request, we will confirm if Personal Data associated with you is being processed or not, and we will provide information about the purposes of such processing, the categories and recipients of the processed Personal Data to whom the Personal Data is disclosed, or the categories of such recipients; we will provide notice to you what kind of Personal Data is being processed, and all information in our possession about the source of such Personal Data;
- the right to demand that we rectify inaccurate or incomplete Personal Data;
- the right to receive your Personal Data in a systematic, commonly-used and computer-readable format and the right, under certain conditions, to transfer such Personal Data to another controller (the right to data transferability);
- under certain circumstances the right to demand the deletion of Personal Data or to limit the processing of such Personal Data (e.g.: when such Personal Data is no longer necessary to achieve the purposes for which such Personal Data was collected and processed, you have revoked your consent and there is no other lawful basis for the processing of such Personal Data; the Personal Data is being processed unlawfully and so on);
- the right to object to the processing of Personal Data for certain purposes and under certain conditions;
- the absolute right to object that your Personal Data is processed for the purpose of direct marketing;
- if processing of Personal Data is based on your consent, you have the right at any time to revoke your consent in the same way in which you provided such consent (including in person, through partners, electronic mail, in your profile and by other means). Revocation of your consent will have no effect on the lawful processing of your Personal Data which was performed prior to such revocation.
- the right to present a complaint to the State Data Protection Inspectorate.
Depending on special circumstances, there may be certain conditions or limitations on the implementation of your rights. We may be bound by laws or other regulations, on the basis of which we may not be able to immediately delete your Personal Data.
Regarding the implementation of your rights you may communicate at any time with Torus Solution NV directly, through partners, by electronic mail, by telephone, presenting a question at our web site (e.g.: Online help, through our Facebook page and so on).
We implement your rights in the area of Personal Data protection free-of-charge (except such cases when requests are obviously unfounded or disproportional, first of all regarding the repetitive content of such requests).
How is your Personal Data stored?
We store your Personal Data in accordance with the GDPR and national legislation and regulations. In accordance with a general principle, your Personal Data is processed (including, stored) in such form that the identity of data subjects would be identifiable not longer than necessary in order to achieve the purposes for which such Personal Data is processed.
Seeking to protect your Personal Data from unlawful access, unlawful processing or disclosure, unintentional loss, alteration or erasure, we apply measures necessary to comply with the requirements of applicable legislation and regulations. Such measures include technical measures, for example, selection of proper computer systems, computer security, data and file protection, also organisational measures, limitation of access to Personal Data, ensuring confidentiality and other measures.
For how long is your Personal Data stored?
The period for storage of Personal Data is specified by legislation and regulations or by us in accordance with legislation and regulations. The specific period of the duty to store certain documents in which there is Personal Data is specified by legislation and regulations, for example, when the period of storage of Personal Data is specified by the tax law in the state from which you are seeking to refund (or have refunded) taxes.
If the period of storage of Personal Data is not specified by legislation or regulations, we store your Personal Data for provision of Services for 10 years after provision of services (taking into consideration the general statute of limitations). We will store your consent to direct marketing for 5 years after receipt of such consent.
What kind of direct marketing activity does Torus Solution NV perform?
Torus Solution NV may provide information about its Services to existing Clients, based on lawful interest.
Our information and direct marketing notices (for example, notices about the Services we provide) are sent to Clients, to whom Services are (were) provided, who have expressed consent to receive from Torus Solution NV direct marketing and/or offers.
Torus Solution NV may send information to you about Services provided, new developments in the area of tax refunds, reminders to submit declarations or to submit requests for tax refunds.
In certain cases, the Client is provided with information about changes in the contracts made with the Client and/or changes in the area of tax refunds or data processing, or with information (or a reminder) regarding additional documents/data that are necessary for performance of Services, as well as systemic and other notices associated with the Services provided. Such informative notices are necessary when performing the contract made with you and (or) its annexes, providing you the services which you ordered, and such notices and information is not considered to be direct marketing notices.
In order to receive tax refunds, i.e. to receive our Services, you do not have to agree to receive direct marketing notices.
How can you express consent to receive informational and/or direct marketing notices?
You may give consent to receive informational and/or direct marketing notices, expressing consent regarding direct marketing on the web site marking the appropriate box, confirming in the registration form your selection and by other means, from which your wish to receive the offered information would be clear, or by requesting us to send informational notices in accordance with contracts made with us.
Clients who already receive our informational notices will continue to receive such notices after GDPR comes into force.
Can you disapprove the use of your Personal Data for purposes of direct marketing?
You have the right at any time free-of-charge to disapprove the use of your Personal Data for purposes of direct marketing. You have the right at any time free-of-charge to revoke your consent. If you wish to use this right, you must contact us by any means, including but not limited to: in person, through our partners (to whom you applied in order to receive Services from us), by email, in our Facebook page and by other means, from which we can understand that you no longer wish to receive our informational notices.
How can you communicate with us?
We invite you to contact us with questions, requests or comments regarding the processing of your Personal Data by email email@example.com.
In addition, you may contact us with questions by telephone, our web site (online help) and other ways convenient to you.