With this Privacy Policy, we would like to inform you about the nature, scope and purpose of thecollection and processing of your Personal Data when you use our services (the “PersonalData”).
The controller responsible for the collection and processing of your Personal Data in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679)(“GDPR”) is:
Shard 64 Management S.à r.l.
Registered office in 75, parc d´activités, L-8308 Capellen, Luxembourg
Holding Registration Number B264283 registered in the Companies Register of Luxembourg
If you have any concerns, requests or questions about your data, or think that some of our privacy practices are not addressed in this Data Protection Notice, please contact team@kimchi.fund.
1. Which Personal Data do we collect about you?
2. Who is concerned by this Notice and from whom do we collect Personal Data?
3. Why and on which basis do we use your Personal Data?
4. Who do we share your Personal Data with?
5. International transfers of Personal Data and transfers outside the EEA
6. How long do we keep your Personal Data for?
7. What are your rights and how can you exercise them?
8. How can you keep up with changes to this data protection notice?
9. How to contact us?
We may collect and use your Personal Data, meaning any information that identifies or allowsus to identify you, to the extent necessary in the framework of our activities.
We may collect various types of Personal Data about you, including:
⦁ Identification information (e.g. full name, identity (e.g. ID card, passport information etc.),nationality, place and date of birth, gender, photograph).
⦁ Contact information private or professional (e.g. postal and e-mail address, phonenumber etc.).
⦁ Economic, financial and tax information (e.g. tax ID, tax status, income and othersrevenues, value of your assets).
⦁ Banking and financial information
⦁ Transaction data (including full beneficiary names, address and transaction detailsincluding communications on bank transfers of the underlying transaction);
⦁ IP Address and geolocation data.
We may collect the following sensitive data only upon obtaining your explicit prior consent:biometric data: e.g. facial recognition which can be used for identification and security purposes.
We never ask for any other sensitive Personal Data such as data related to your racial or ethnicorigins, political opinions, religious or philosophical beliefs, trade union membership, geneticdata, data concerning your sex life or sexual orientation or data relating to criminal convictionsand offences (“Criminal Record Data”) unless it is required through a legal obligation.
Please note that you are not required to provide any of the Personal Data that we request.However, your failure to do so may result in us being unable to provide you our services.
We collect data directly from you as a client or prospect.
In certain circumstances, we may collect information from you about individuals who do nothave a direct relationship with us. This may happen, for instance, when you provide usinformation about your:
⦁ Legal representatives (power of attorney).
⦁ Ultimate beneficial owners.
⦁ Company shareholders.
When you provide us with third party Personal Data (included but not limited to those listedabove), you confirm that such third party receives this Data Protection Notice and understandsthe information in this Data Protection Notice about how we will use their Personal Data.
a. Compliance with our various legal and regulatory obligations.
We use your Personal Data to comply with various legal and regulatory obligations, including:
⦁ tax regulations.
⦁ manage, prevent and detect fraud including, where required by law.
⦁ prevent and detect money-laundering and financing of terrorism and comply withregulation relating to sanctions and embargoes through our Know Your Customer (KYC)process (to identify you, verify your identity, screen your details against sanctions listsand determine your profile).
⦁ record transactions for accounting purposes.
⦁ exchange information and report on different operations, transactions or orders or replyto official requests from duly authorised local or foreign financial, tax, administrative,criminal or judicial authorities, arbitrators or meditators, law enforcement, state agenciesor public bodies.
b. To comply with our contractual obligation.
Performance of our contract with you or our corporate clients or to take steps at your requestbefore entering into a contract.
c. Fulfillment our legitimate interest.
We use your Personal Data, including your transaction data, for:
⦁ proof of transactions including electronic evidence.
⦁ management, prevention and detection of fraud including, where required by law.
For certain types of Personal Data processing, we will provide you with specific information andinvite you to consent to the processing of your Personal Data. Please note that you may revokeyour consent at any time.
Disclosing information outside Shard 64 Management S.à r.l.
In order to fulfill some of the purposes described in this notice, we may disclose your PersonalData from time to time to:
⦁ service providers who perform services on our behalf (e.g. IT services,telecommunication, advisory and consulting, distribution and marketing).
⦁ banking and commercial partners, independent agents, intermediaries or brokers,financial institutions, counterparties, trade repositories with which we have relationship ifsuch transmission is required to allow us to provide you with the services and productsor execute our contractual obligations or transaction (e.g. banks, exchanges, paymentsintermediaries).
⦁ local or foreign financial, tax, administrative, criminal or judicial authorities, arbitrators ormediators, law enforcement, state agencies, fraud prevention agencies or public bodies.
In certain circumstances, we may transfer your data to another country.
In case of international transfers originating from the European Economic Area (EEA), to a non-EEA country, where the European Commission has recognised a non-EEA country as providingan adequate level of data protection, your Personal Data may be transferred on this basis.
For transfers to non-EEA countries where the level of protection has not been recognised asadequate by the European Commission, we will either rely on a derogation applicable to thespecific situation (e.g. if the transfer is necessary to perform our contract with you such as whenmaking an international payment) or implement one of the following safeguards to ensure theprotection of your Personal Data:
⦁ Standard contractual clauses approved by the European Commission.
⦁ Binding corporate rules.
To obtain a copy of these safeguards or details on where they are available, you can send awritten request to us as set out in Section 9.
We will retain your Personal Data for the longer of: (i) the period required by applicable law; or(ii) such other period necessary for us to meet our operational obligations.
Most Personal Data collected in relation to a specified client is kept for the duration of thecontractual relationship with such client plus a specified number of years after the end of thecontractual relationship or as otherwise required by applicable law. If you would like furtherinformation on the period for which your Personal Data will be stored or the criteria used todetermine that period please contact us at the address given under Section 9 below.
Depending on the data protection laws, which apply to your situation, you may have thefollowing rights in respect of your Personal Data:
⦁ To access: you may have the right to obtain information relating to the processing ofyour Personal Data, and a copy of such Personal Data.
⦁ To rectify: where you consider that your Personal Data is inaccurate or incomplete, youcan require that such Personal Data be modified accordingly.
⦁ To erase: in some circumstances, you can require the deletion of your Personal Data, tothe extent permitted by law.
⦁ To restrict: in some circumstances, you can request the restriction of the processing ofyour Personal Data.
⦁ To object: in some circumstances, you can object to the processing of your PersonalData, on grounds relating to your particular situation. You have the absolute right toobject to the processing of your Personal Data for direct marketing purposes, whichincludes profiling related to such direct marketing.
⦁ To withdraw your consent: where you have given your consent for the processing of yourPersonal Data, you have the right to withdraw your consent at any time.
⦁ To data portability: where legally applicable, you may have the right to have the PersonalData you have provided to us, returned to you or, where technically feasible, transferredto a third party.
If you require further information, or if you wish to exercise the rights listed above, please send aletter or e-mail to the address set out in Section 9 below. Please include a scan/copy of youridentity card for identification purposes when required.
In accordance with applicable regulation, in addition to your rights above you are also entitled tolodge a complaint with the competent supervisory authority.
In a world of technological change, we may need to update this Data Protection Notice fromtime to time.
We invite you to review the latest version of this notice online and we will inform you of anymaterial changes through our website or through our other usual communication channels.
If you have any questions relating to our use of your Personal Data under this Data ProtectionNotice or wish to express any of the above rights please contact team@kimchi.fund.