Personal Data Policy

Purpose

Ackordscentralen protects personal privacy. It is important for us to protect the personal data we process. You should feel confident that we process your personal data responsibly and with respect for your personal privacy. Our processing of personal data is based on applicable data protection legislation, and we work to protect your rights and privacy.

The purpose of this information is to let you know how we process your personal data, what we use it for, who has access to it and under what conditions, and how you can exercise your rights.

Background

We mainly work as bankruptcy trustees, reorganization specialists, liquidators, and agents for clients.

Our starting point is to not process more personal data than is necessary for the purpose, and we always strive to use the least privacy-sensitive data.

What personal data do we process?

We only process personal data when we have a legal basis for doing so. We do not process personal data in any other circumstances than when it is necessary to fulfill obligations under agreements and the law. The following are examples of the personal data we most commonly process:

• Name

• Address

• Email address

• Phone number

• Fax number

• Age

• Date of birth

• Personal identification number

• Title

• Bank-related information

How do we access personal data?

We collect personal data provided to us in connection with assignments or otherwise processed when the assignment is carried out. We obtain information from private and public registers and sources. We receive certain information directly from the court when we are appointed as bankruptcy administrators and reconstructors. We also collect personal data directly from the individuals concerned.

When you send us emails or call us, you usually provide personal data that can be traced back to individuals.

We also gain access to your personal data in the following ways:

• Information that you provide to us directly

• Information that we receive when you engage our services

• Information that we receive when you register for our courses or seminars

• Information that we receive when you sign up for newsletters and other mailings

• Information that we receive when you contact us, apply for a job with us, visit us, or otherwise get in touch with us

What are the purposes of our processing of personal data?

We process personal data in order to fulfill our assignments and commitments, to safeguard our clients' interests, and to comply with legal requirements. We may also need to perform conflict of interest and money laundering checks.

We may also use personal data in our marketing activities.

What is the legal basis for our processing?

Most of our personal data processing is based on a legal obligation, such as when we perform our duties as bankruptcy administrators, reconstructors, and liquidators. In such cases, we are required to comply with laws or regulations that require us to process certain personal data.

Personal data relating to clients is processed so that we can fulfill the agreement that forms the basis of the assignment. When it comes to clients' representatives, agents, counterparties, counterparty representatives, and counterparty agents, etc., the processing of personal data is based on a balancing of interests. This means that we assess that the processing of personal data is necessary to fulfill the assignment or that our legitimate interests outweigh any conflicting interests.

When it comes to personal data in our marketing, processing is carried out with consent.

Is your personal data being handled securely?

We develop procedures and working methods to ensure that your personal data is handled securely. The basic principle is that only employees and other persons within the organisation who need the personal data to perform their duties should have access to it.

In the case of sensitive personal data, we have established special access controls, which means a higher level of protection for your personal data.

Our security systems are developed with your privacy in mind and provide a high level of protection against intrusion, destruction, and other changes that could pose a risk to your privacy.

When do we disclose your personal data?

Our starting point is not to disclose your personal data to third parties unless it is necessary to fulfill our obligations under contract or law, or if you have consented to it. In cases where we disclose personal data to third parties, we ensure that the personal data is processed in a secure manner.

How long do we store the data?

We do not store personal data for longer than is necessary for the purpose of the processing, unless the data must or may be stored for longer in accordance with the law.

Personal data that may be processed prior to and in connection with the performance of an assignment is stored during the assignment and retained after completion of the assignment for at least ten years from the date of completion of the assignment, or for a longer period if required by the nature of the assignment.

Responsibility

Ackordscentralen is the data controller, which means that we are responsible for how your personal data is processed and that your rights are safeguarded.

What rights does the data subject have?

You have the right to know what personal data we process (register extract). A data subject also has the right to request that incorrect or incomplete personal data be corrected or that we delete this personal data (e.g. if the personal data is no longer necessary for the purpose or if consent has been withdrawn). Data subjects also have the right to object to certain processing of personal data and to request that the processing of personal data be restricted. Finally, data subjects have the right to obtain the personal data they have provided in a machine-readable format and to transfer it to another data controller (right to data portability).

If you have any objections or complaints regarding how we process personal data, you have the right to contact or submit a complaint to the Swedish Data Protection Authority, which is the supervisory authority for our personal data processing.

Personal data controller and contact information

AC-Gruppen AB, Ackordscentralen Stockholm AB, Ackordscentralen Syd AB, Ackordscentralen Norrland AB, and Ackordscentralen Väst AB (Ackordscentralen) are jointly responsible for the processing of your personal data. If you have any questions about our personal data policy or any other questions regarding our processing of personal data, or if you wish to invoke your rights under applicable data protection legislation, please contact us at: ac.gdpr@ackordscentralen.se

Ackordscentralen Stockholm AB/Ackordscentralen Stockholm KB
Tel: +46 8-670 44 00
Strandvägen 35
114 56 Stockholm
Reg. No. 556082–4012/969782–0620
info@ackordscentralen.se

Ackordscentralen Norrland AB
Tel: +46 90 70 62
Västra Esplanaden 2, Box 4066
904 03 Umeå
Reg. No. 556474–6583
acnorrland@ackordscentralen.se

Ackordscentralen Syd AB
Tel: +46 40 741 85
Nordenskiöldsgatan 24
211 19 Malmö
Reg. No. 556580–0777
acmalmo@ackordscentralen.se

Ackordscentralen Väst AB
Tel: +46 31 10 54 60
Västra Hamngatan 12, Box 2525
403 17 Göteborg
Reg. No. 556580–0785
acgbg@ackordcentralen.se

AC-Gruppen AB
Tel: +46 8-670 44 00
Strandvägen 35
114 56 Stockholm
Reg. No. 556454-0358
info@ackordscentralen.se

Ackordscentralen (AC) has employees who undertake work as bankruptcy administrators and who, in that capacity, comply with the rules governing the processing of personal data.

AC distinguishes between the processing of personal data that takes place within the framework of our handling of bankruptcy cases and the processing that takes place within the framework of the bankruptcy estate's activities. 

The consequence of this distinction is that there may be two different data controllers in bankruptcy cases.

This section of the personal data policy describes how AC and the bankruptcy estate process your personal data in bankruptcy cases. The bankruptcy estate and AC will always ensure that personal data is processed in a lawful and correct manner.

 AC and the bankruptcy estate are jointly referred to in this part of the personal data policy as “we,” “our,” “ours,” and “us.” In some cases, “AC” also refers to both AC and the bankruptcy estate.

Processing of personal data in bankruptcy proceedings

Who is responsible for your personal data?

AC’s administration of bankruptcies
AC is the data controller for your personal data that the bankruptcy trustee processes in their role as trustee, i.e. within the framework of AC's handling of bankruptcy cases. AC is responsible for ensuring that such processing is carried out in accordance with applicable data protection regulations.

The bankruptcy estate’s operations
The bankruptcy estate is the data controller for your personal data that the bankruptcy trustee processes within the scope of the bankruptcy estate's activities and in its capacity as its representative. The bankruptcy estate is responsible for ensuring that such processing is carried out in accordance with applicable data protection regulations.

Whose personal data do we process?

We process personal data relating to the following categories of persons:

• Representatives, i.e. natural persons who represent legal persons that have gone bankrupt.

• Natural persons who are bankrupt debtors, i.e., natural persons who have gone bankrupt.

• Creditors, natural persons who are representatives of or natural persons who are creditors.

• Debtors, i.e., natural persons who are representatives of debtors or natural persons who are debtors and who have debts to the bankrupt debtor.

• Shareholders, i.e., natural persons who own shares in the bankrupt company or natural persons who are representatives of shareholders.

• Employees, natural persons who are employed by the bankrupt debtor.

• Guarantors, natural persons who have a guarantee commitment.

• Customers, natural persons who are or representatives of the bankrupt debtor's or bankruptcy estate's customers.

• Suppliers, i.e., natural persons who are representatives of the bankrupt debtor's or bankruptcy estate's suppliers of various services, such as auction services.

• Auditors or accounting consultants, i.e., natural persons who are auditors or accounting consultants

• The state, natural persons who are representatives of the state, such as contact persons at the Enforcement Authority, the Tax Agency, or the supervisory authority.

• Bank, natural persons who are representatives of banks.

• Third party, natural persons who have property in the possession of the bankrupt debtor (not separate property), and

• Family members, i.e., natural persons who are, for example, parents, siblings, etc. of someone

What personal data do we process about you?

We may process the following personal data about you:

• Name

• Personal identification number

• Contact details, such as address, email address, and telephone number

• Property designation

• Vehicle registration number

• IP number

• Bank details

• Salary details

• Trade union membership

• Health details

• Other information relevant to the case that emerges in the individual

Why and on what legal basis do we process your personal data?

In order to enter into, manage, and fulfill agreements with you as a creditor, debtor, supplier, customer, auditor or accounting consultant, employee, or bank, we collect and process personal data about you. The legal basis for our processing of your personal data is that it is necessary to fulfill agreements with you or to take measures before such an agreement is entered into.

If you are a representative or contact person for any of the above categories of data subjects, the legal basis for our processing of personal data about you is a balancing of interests, i.e., that the processing is necessary for a purpose related to our legitimate interest in maintaining and fulfilling commitments in contractual relationships. If you do not provide the above-mentioned personal data, we will not be able to fulfill our obligations to you or the organization you represent.

Certain personal data may also be processed because we have a legal obligation to fulfill, such as personal data resulting from the bankruptcy estate's accounting obligation, obligation to prepare a bankruptcy estate inventory, or other obligations incumbent upon us by law.

In order to perform the task of bankruptcy administrator to ensure that the bankruptcy estate is managed correctly and in accordance with the assignment given to the bankruptcy administrator, personal data may be collected and processed because processing is necessary to perform a task in the public interest. For example, the bankruptcy trustee, as representative of the bankruptcy estate, is responsible for ensuring that creditors of the bankrupt debtor are not disadvantaged and that any assets are distributed correctly.

Furthermore, AC collects and processes personal data belonging to you for the purpose of performing the assignment given to a bankruptcy trustee at AC. The processing is necessary to perform a task in the public interest or as part of the exercise of official authority that the handling of bankruptcy cases may entail. For example, this may involve wage guarantee decisions regarding employees of the bankrupt debtor.

How long do we store your personal data?

We never store data longer than necessary for the purposes of processing. We therefore regularly review stored personal data and delete any data that is no longer needed.

We will need to store personal data for a longer period, including for the purpose of administering any guarantees, complaint deadlines, complying with legal requirements, official decisions, and handling legal claims that may be directed against AC, the bankrupt debtor, and the bankruptcy estate. We may store personal data for up to 10 years.

Who has access to your data?

Your personal data may be disclosed to and processed by third parties. These may include group companies, service providers, other legal advisors, auditors, consultants, authorities, etc. Examples of situations in which your personal data may be transferred to third parties include when such action is required by law, in the event of a dispute, at the request of a public authority or following a decision, at your own request, or when it is necessary to fulfill a legitimate interest on our part.

Where do we store your personal data?

We may process your personal data both within and outside the EU/EEA. We will and must take the necessary measures to ensure that the transfer is carried out in a lawful manner and that the data continues to be protected by the receiving parties outside the EU/EEA.

What rights do you have as a registered user?

The provisions of the section “What rights does the data subject have” also apply to the processing of personal data in bankruptcy cases.

Contact AC or the bankruptcy estate

If you have any questions or other requests regarding personal data in bankruptcies, please contact AC's contact person for personal data management, see the end of this document.

When you visit AC.com, we use cookies. You can find more information about how AC processes cookies in AC's cookie policy.

Please note that if you choose not to accept cookies, you will not be able to use all the features of the website

AC may process your personal data through profiling, such as analyzing how you use our website. You may object to the processing of personal data through profiling at any time. However, this does not apply if such processing is necessary for entering into or performing a contract with you or if such processing is permitted under applicable law.

AC will, in its communications in the matter – both with the client and their representatives and contact persons, as well as with courts, authorities, and others to whom we may need to transfer personal data in accordance with the above points – to use unencrypted email communication unless there are special reasons not to do so or if you notify us that you do not approve of the use of unencrypted email communication.

Right of access

You have the right to contact AC in its capacity as data controller and request access to the personal data we process, as well as request information about, among other things, the purposes of the processing and who has received the personal data. AC, in its capacity as data controller, will provide you with a free copy of the personal data being processed. AC may charge an administration fee for any additional copies.

Right to rectification

You have the right to have your personal data rectified without undue delay or, under certain circumstances, restricted. If you believe that AC is processing personal data about you that is inaccurate or incomplete, you can request that it be rectified or supplemented.

Right to erasure

You also have the right to have your data erased if, for example, it is no longer necessary for the purpose or if the processing is based on consent and this has been withdrawn. However, there may be legal requirements or contractual obligations that prevent us from erasing your personal data.

Right to object

As a data subject, you have the right to object at any time to the processing of your personal data if the legal basis for the processing is based on a balancing of interests. As a data subject, you also have the right to object at any time to the processing of your personal data if it is processed for direct marketing purposes.

Right to data portability

As a data subject, you have the right to obtain the personal data you have provided to AC as the data controller and have the right to transfer this data to another data controller (data portability). However, this applies provided that it is technically possible and that the processing was necessary for the performance of a contract.

Right to lodge a complaint

If you are dissatisfied with how we have processed your personal data, please contact us at ac.gdpr@ackordscentralen.se. You also have the right to lodge a complaint about our processing of personal data with:

The Swedish Data Protection Authority
Box 8114, 104 20 Stockholm
datainspektionen@datainspektionen.se

AC reserves the right to change and update this policy. In the event of material changes to the policy or if existing information is to be processed in a manner other than that specified in the policy, AC will provide information about this in an appropriate manner.

If you have any questions or other requests regarding personal data, please contact AC's contact person for personal data processing:

Lars Zetterberg
Box 2525
403 17 Göteborg
031-10 54 66
lars.zetterberg@ackordscentralen.se