Who are we ?
Our website address is : https://www.clairinvest.com.
Data protection
In accordance with EU Regulation 2016/679 of the European Parliament and of the Council of 27 avril 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and all implementing legislation (referred to as the “General Data Protection Regulation”), personal data of investors (including potential investors) and other natural persons (including, but not limited to, administrators, leaders, agents and other representatives or employees of investors) (hereinafter referred to as the “Data Subjects”) whose personal information collected and provided to the Company and the Management Company in connection with the investor's investments in the Company may be stored on computer systems electronically or by other means and processed by the Company and the Management Company as controller and may be processed in certain circumstances by third party service providers acting as their delegates such as the central administration or as a processor of the Company and the management company.
In certain circumstances, the Company's subcontractors acting as data controllers may also act as data controllers if and when they process personal data in the context of compliance with their own legal and regulatory obligations (especially within their own AML and KYC processes).
The Company and the Management Company undertake to protect the personal data of the Data Subjects and to [or have] taken all necessary measures to ensure compliance with the General Data Protection Regulation regarding the personal data processed by it [where they] as part of the investments made in the Company.
This includes (without this being exhaustive) required actions regarding : information relating to the processing of your personal data and, if applicable, consent mechanisms ; the procedures for responding to requests to exercise individual rights ; contractual agreements with suppliers and other third parties ; security measures ; agreements regarding overseas data transfers and retention and reporting policies and procedures.
Personal Data will have the meaning given in the General Data Protection Regulation and includes (without this being exhaustive) any information relating to an identified or identifiable person, like the name, the address, the amount invested by the investor, the names of the individual representatives of the investor as well as the name of the ultimate beneficial owner, if applicable, and the bank details of this investor.
Personal data will be processed in order to facilitate investments in the Company as well as its day-to-day management and administration such as the processing of subscriptions, redemptions and conversions or sending e-mails to Data Subjects and will also be processed in accordance with the legal obligations of Belgian law (such as legislation applicable to undertakings for collective investment and company law, prevention of terrorist financing and anti-money laundering legislation, criminal law, tax law) and all other laws and regulations as they may or may be issued by the competent European authorities, if necessary in the defense of the legitimate interests of the Company or its subcontractors.
Personal data provided directly by Data Subjects in the context of their relationship with the Company, in particular their correspondence and conversations with the Company, or those of their subcontractors, may be stored and processed in accordance with the General Data Protection Regulation.
The Company or its subcontractors may communicate the personal data to their subsidiaries and to other entities which may be located outside the EEA.. In this case, they will ensure that personal data is protected by appropriate safeguards.
Personal data may also be disclosed, in exceptional circumstances, to any court and/or legal authority, regulatory, tax, government in different jurisdictions to the extent required by applicable law or regulation.
In accordance with the General Data Protection Regulation, Data Subjects have certain rights, including the right to access their personal data, the right to have incomplete or inaccurate personal data rectified, the right to object and restrict the use of personal data, the right to request the deletion of their personal data, the right to receive their personal data in a structured format, commonly used and machine-readable and to transmit them to another controller. Data Subjects may address any request to the Company's registered office or to the Data Protection Officer (also referred to as “DPO”).
Data Subjects have the right to submit inquiries or register a complaint regarding the processing of their personal data with the relevant data protection authority..
Personal data is not kept longer than necessary for the purposes for which it is processed..
When subscribing to Shares, each investor will be informed of the processing of his personal data (or, when the investor is a legal entity, the processing of personal data of the individual representatives of this investor and/or the ultimate beneficial owners) by means of an information notice on the confidentiality of data for investors which will be attached to the application form provided by the Company to investors [or on the website of the Management Company (if applicable)]. This data privacy notice for investors will inform investors of the processing activities undertaken by the Company and the Management Company and their delegates in more detail..