- Context and Introduction
This Privacy Notice (the “Privacy Notice”) has been prepared in accordance with the requirements of 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 (the “GDPR”) as well as national legislation enacted from time to time in Luxembourg.
All capitalized words used in the Privacy Notice shall have the same meaning as they are defined or referred to in the GDPR, unless specifically indicated to the contrary herein.
Joachim Kuske, acting through the brand Governance Partners (“Governance Partners”) is the Data Controller of the Personal Data of a Data Subjects with whom Governance Partners deals in the daily performance of its duties as further described herein.
Governance Partners is committed to perform its duties hereunder and to hold the Personal Data in confidence in strict compliance with the provisions of the Privacy Notice, any internal procedures, the GDPR, as well as any Luxembourg law.
When providing Personal Data to Governance Partners via email, mail, www.governance.partners (the “Website”) or any other format, Governance Partners will process such Personal Data in line with the GDPR and this Privacy Notice.
By using this Website or providing Personal Data in any other format, a Data Subject acknowledges that it has reviewed, and agreed to, the terms of this Privacy Notice. A Data Subject should not use the Website and cease all provision of Personal Data if the Data Subject does not agree with the terms of this Privacy Notice.
This Privacy Notice contains the information prescribed by article 12 of the GDPR.
- Identity and Contact Details of the Data Controller and the Supervisory Authority
1, rue Louvigny
Grand Duchy of Luxembourg
Commission Nationale pour la Protection des Données
Service des plaintes
15, boulevard du Jazz
- Categories of Personal Data Concerned
Governance Partners will collect and process the following Personal Data from a Data Subject for one or several purposes outlined in section 4 below:
- Identification documents, such as, but not limited to copies of passport, ID cards, driving licenses;
- Contact details e.g. name, address, telephone number, email address;
- Curriculum vitae e.g. education, training, qualifications, profession;
- Personal characteristics e.g. age, gender, nationality, marital status, date and place of birth;
- Evidence of tax residency;
- Extract of the criminal record;
- Bank references incl. financial information.
In addition, Governance Partners may collect the following types of information when you access or browse the Website:
- Personal Information you provide directly when you register or join an online community or other group, inquire about our services via any e-mail messages you send, including personally identifiable information such as your name, contact information (phone, fax, address, and email address);
- Purpose of the Processing and Legal Basis for Processing
Governance Partners will use Personal Data for the following purposes with the relevant associated legal basis:
- Compliance with a legal obligation:
a) Ensuring compliance with anti-money laundering/combatting financing of terrorism legislation, including, but not limited to the amended law of 12 November 2004 on the fight against money laundering and terrorist financing;
b) Ensuring compliance with tax obligations in Luxembourg;
c) Investigating and resolving complaints and manage contentious regulatory matters, investigations and litigation;
- Performance of a contract with a Data Subject or any organization or entity which is represented by such Data Subject:
a) Fulfilling Governance Partners’ obligations under any agreement that Governance Partners may have entered into with a Data Subject or any organization or entity which is represented by such Data Subject;
b) Fulfilling Governance Partners’ obligations under any agreement between a Data Subject or any organization or entity which is represented by such Data Subject and a third party, under which Governance Partners has to fulfil any duties.
- Marketing by Governance Partners:
a) Developing and managing a business relationship with a Data Subject or any organization or entity which is represented by such Data Subject;
b) Providing customized and personalized information to a Data Subject about services and solutions proposed by Governance Partners;
c) Invitations and organization of events and other professional activities.
- Consent of the Data Subject:
Governance Partners may use Personal Data for any other purpose expressly agreed on by the Data Subject, provided that such consent may be withdrawn at any time by the Data Subject, without however affecting any Processing performed by Governance Partners prior to such withdrawal.
- Governance Partners’ legitimate interest:
a) Managing and administering the relationship between Governance Partners and a Data Subject or any organization or entity which is represented by such Data Subject;
b) Maintaining a client relationship management database for communication and promoting services offered by Governance Partners to Data Subjects or any organization or entity which is represented by such Data Subjects;
c) Monitoring and recording, correspondence, telephone calls and emails in accordance with Governance Partners’ IT set-up.
Governance Partners’ legitimate interest results from Governance Partners’ activities, consisting in the provision of independent directorship services and associated tasks for corporate entities, as well as advice on operation and organization of its clients.
- Recipients of Personal Data
Governance Partners may share Personal Data with the following Recipients:
- Any service providers of Governance Partners which provide administrative, telecommunications, information technology, transaction and data processing, operational or other services to Governance Partners, including LinkedIn and Google;
- Any lawyers, accountants, consultants, or other professionals which Governance Partners may consult to obtain advice or assistance for the performance of its duties to a Data Subject or any organization or entity which is represented by such Data Subject;
- The CSSF or other governmental or supervisory authorities, tax authorities, law enforcement agencies, judicial authorities, self-regulatory or industry bodies in order to allow Governance Partners to comply with any local, foreign or supranational law, regulation, directive, guidance injunction or request for disclosure or other form of obligation, advice, recommendation binding or applying to Governance Partners;
- Any actual or proposed assignee of Governance Partners or participant or sub-participant or transferee of Governance Partners’ rights in respect of Data Subject or any organization or entity which is represented by such Data Subject;
- Any party in respect of which such disclosure is requested and/or consented to by the Data Subject or any organization or entity which is represented by such Data Subject.
- This Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the Website analyze how users use the site. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for website operators and providing other services relating to website activity and internet usage.
- Transfer of Personal Data to Third Countries
Governance Partners currently may transfer Personal Data to Recipients that are located outside the European Economic Area (“EEA”) or to International Organizations.
When sharing the Personal Data of a Data Subject with Recipients that are located outside the European Economic Area (EEA), Personal Data of a Data Subject will only be transferred on one of the following bases:
- The transfer is to a recipient in a country or territory approved by the European Commission as providing an adequate level of protection for personal data;
- The transfer is to a Recipient that has entered into European Commission standard contractual clauses with Governance Partners;
- The Data Subject has explicitly consented to the transfer of Personal Data. In this regard, and as detailed above, Governance Partners will from time to time need to pass certain identity related data (including the name, title, gender, nationality and date of birth, and copies of passport, driver’s license, tax ID, social security number, and/or government issued identification document of a Data Subject) to supervisory authorities or service providers of Governance Partners located outside of the EEA for the purposes of (1) “know your client”, (2) controls related to anti-money laundering/combatting financing of terrorism or (3) for the receipt and maintenance of any regulatory licenses granted to Governance Partners.
- Period for which the Personal Data of the Data Subject is Stored by Governance Partners
Governance Partners will store the Personal Data of the Data Subject in line with applicable legal and regulatory requirements in Luxembourg.
- Rights of Information and Access to Personal Data by a Data Subject under the GDPR
A Data Subject has the following principal rights under the GDPR:
- To obtain confirmation from Governance Partners as to whether or not Personal Data concerning the Data Subject is being Processed by Governance Partners;
- As the case may be, to obtain access to, and copies of, the Personal Data Governance Partners holds about the Data Subject;
- To obtain the following information:
- The purposes of the Processing of Personal Data and the categories of Personal Data concerned;
- The recipients or categories of recipient of Personal Data to whom Personal Data has been or will be disclosed, in particular if such Recipients are located outside the European Economic Area (“EEA”) or to International Organizations;
- Insofar as possible, the envisaged period for which Personal Data will be stored, or, if not possible, the criteria used by Governance Partners to determine that period;
- To require that Governance Partners rectifies or erases Personal Data;
- To request a restriction of the Processing of Personal Data or to object to such Processing;
- To obtain the Personal Data concerning the Data Subject, which was provided by the Data Subject, in a structured, commonly used and machine-readable format that can be transmitted to another Data Controller in certain circumstances;
- To lodge a complaint with the Supervisory Authority indicated in section 2.
- Disclosure of Personal Data
Before disclosing any Personal Data relating to its employees, contractors and other individuals, Governance Partners shall (1) ensure that those natural persons are duly notified and made aware of Governance Partners’ obligations under the GDPR, and (2) undertake and represent those natural persons will process such Personal Data in line with the provisions of the GDPR.
- This Privacy Notice shall be deemed an integral part of all contracts, agreements, facility offer letters, account mandates and other binding arrangements which Data Subjects or any organization or entity which is represented by such Data Subjects have entered into or intend to enter into with the Company.
- This Privacy Notice may be updated from time to time to reflect changes and/or developments in data protection and banking secrecy laws, regulations, guidelines, codes and industry practices in Luxembourg.
- The list of the above rights is not absolute and requests may be refused where exceptions apply.
Date: 30 August 2020
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