The Company gives you notice that for the purpose of the administration of the directors and shareholders in the Company, complying with Luxembourg law requirements on the register of beneficial owners, tax reporting obligations (including Common Reporting Standard - CRS - and US Foreign Account Tax Compliance Act - FATCA - ), the Company processes personal data about its directors and shareholders who are individuals, about directors and beneficial owners of directors and shareholders who are individuals, and about individuals who are representatives of said shareholders, directors or related beneficial owners, whether they are current or former shareholders, directors or related beneficial owners (the Data Subjects).
The Company collects, records, stores, adapts, consults, uses, discloses by transmission, erases the following categories of personal data relating to the Data Subjects: first name, last name, professional address, private address, nationality, date and place of birth, identification number, picture, identification document, contact details, qualification under anti-money laundering regulation (for example the status as a politically exposed person), qualification of status under CRS, FATCA and other tax rules, investment in the Company (including amount paid to the Company, sums owed to or by the Company), correspondences, call recordings, CCTV (when used), available information (including the result of internet searches), as well as other categories of personal data that the Company may be required to process by law , by contract, by legitimate interests to run its business or by consent given to it.
The Company will transfer the personal data of the Data Subjects to other affiliated entities, to the Luxembourg business register, to Luxembourg and foreign public authorities who have the power to request such information, to professionals (such as but not limited to auditors, advisors, legal representatives and similar agents as necessary in relation to advisory services provided to it) who have the right to request the Company to provide information about the Company’s beneficial owners, directors and shareholders. The Company will also transfer the personal data to suppliers who assist the Company performing the purposes of data processing, such as service providers who assist the Company with its tax filing obligations, providers of IT services of the Company. In accordance with Luxembourg law, the Luxembourg business register will make public the information relating to the directors and beneficial owners of the Company to a page accessible from https://www.lbr.lu.
Should the Company transfer personal data to a recipient in a country outside of the European Union, before making such transfer the Company would put in place appropriate safeguards compliant with the European General Data Protection Regulation.
The Company organized and implemented appropriate safeguard measures to prevent from accidental or unauthorized lost, use, access, alteration or disclosure of the personal data it is processing. Limited access to those who need to shall be granted upon the Company’s specific consent and the personal data shall be used according to the Company’s instructions. The Company also put in place specific processes to deal with any data security breach (suspected or confirmed) and will notify the Data Subject (as relevant) and the Luxembourg regulator in case of a suspected breach where it is legally required to do so.
The Company will keep the personal data relating to the Data Subjects as long as necessary for the compliance by the Company with the Company’s legal obligations, and as long as the Company has a legitimate interest in keeping the personal data, such as for the purpose of preserving evidence in connection with the dispute between the Company and a shareholder.
Each Data Subject has the right to request access from the Company to and rectification or erasure of personal data, or restriction of processing concerning the Data Subject and to object to processing as well as the right to data portability. In order to exercise these rights, the Data Subject shall contact the board of managers of the Company by sending a letter to the registered office of the Company. Upon receipt of an access request, the Company will request specific information from the Data Subject to confirm his/her identity and ensure his/her right to access the information (or to exercise any of the other rights). This is an appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it. Each Data Subject also has the right to lodge a complaint with the competent data protection authority, which in Luxembourg is the Commission Nationale pour la Protection des Données (https://cnpd.public.lu/en/particuliers/faire-valoir/formulaire-plainte.html).
If a Data Subject thinks that the data the Company processes about him/her is incorrect or incomplete, the Data Subject can contact the board of managers of the Company by sending a letter to the registered office of the Company. It is important that a Data Subject complies with providing certain information when requested as a refusal may otherwise jeopardize the business relationship or may prevent the Company from complying with its legal obligations.
The beneficial owners of the Company also have the right to request that the Luxembourg public register of beneficial owners does not publish information about the data subject. Information about the conditions of such restriction of public access, and the process of making this request is available on the website of the Luxembourg Business Register (https://www.lbr.lu) under RBE / Registre des Bénéficiaires Economiques.
The Company either collects the personal data directly from the relevant data subjects, from third party acting on the Data Subject’s and/or the Company’s behalf (such as agent, lawyers for instance) or relies on the Company’s direct or indirect shareholders, or their investment manager or asset manager to gather the personal data, from
public records, from any visual or audio recording equipment. If the Company relies on a third party to collect personal data from the Data Subjects, the Company relies on such third party also to share this privacy notice with the Data Subjects.