Information regarding the processing of personal data of Shareholders, proxies, beneficiaries, heirs of the Fund’s Shareholders, beneficial owners or other related persons, in connection with the obligations arising from 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, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as GDPR.
In connection with the use of services offered by Petterson Capital Alternatywna Spółka Inwestycyjna spółka z ograniczoną odpowiedzialnością. (hereinafter “ASI”; “Company”), including in connection with participation in the Alternative Investment Fund internally managed by ASI (hereinafter “Fund”), the personal data of the Fund’s Shareholders, proxies of the Shareholders, heirs of the Shareholder, beneficial owners or other related persons are processed.
The Company makes every effort to protect your personal data. In order to implement the principle of transparency of personal data processing, we hereby inform you about its scope and basic principles:
PERSONAL DATA CONTROLLER
The administrator of your personal data in the case is the Company with which you conclude an agreement.
The Company is headquartered in Lublin (20-115 Lublin), at Kowalska 5/203, e-mail address: rodo@pettersoncapital.com (hereinafter: “Administrator”).
Contact regarding the protection of data collected in ASI is possible at the e-mail address: rodo@pettersoncapital.com or by correspondence to the Administrator’s address.
LEGAL BASIS FOR DATA PROCESSING AND PURPOSES OF PROCESSING
Data processing is necessary for the following purposes:
– in order to implement your participation in the Fund pursuant to art. 6 sec. 1 letter b) 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 and repealing Directive 95/46/EC (“GDPR”), personal data will be stored for the period necessary to implement the participation in the Fund to the extent necessary to accept and implement the order and make an entry in the Register of Shareholders of the Fund,
– fulfillment of legal obligations incumbent on the controller of personal data (legal basis – art. 6 sec. 1 letter c) of the GDPR), resulting from the Act of 27 May 2004 on investment funds and the management of alternative investment funds and for this purpose will be stored for a period of 5 years from the end of the year in which this document was drawn up, unless separate regulations require their longer storage, the Act of 1 March 2018 on counteracting money laundering and terrorism financing and for this purpose will be stored for a period of 5 years from the first day of the year following the year in which the transaction was made, the Act of 9 October 2015 on the execution of the Agreement between the Government of the Republic of Poland and the Government of the United States of America on improving the fulfillment of international tax obligations and implementing the FATCA legislation and for this purpose will be stored for the period of holding the units of participation and the Act of 9 March 2017 on the exchange of tax information with other countries (CRS) and for this purpose will be stored for a period of 5 years, counted from the end of the year in which the obligation to provide information about this account arose, as well as tax and accounting obligations and for this purpose will be stored for a period of 5 years, counted from the end of the year in which the investment in the Fund was completed,
– securing the legitimate interest of the personal data controller, including conducting direct marketing of the Fund’s own services and products, internal analyses, pursuing claims, and defending against claims, for which purposes personal data will be stored for the period necessary for their implementation, but no longer than for a period of 6 years from the date of completion of the investment in the Fund (legal basis – Article 6 sec. 1 letter f) GDPR).
DATA STORAGE PERIOD
In the case of personal data obtained with your consent, the data storage period will correspond to the period necessary to achieve the purpose, but no longer than the moment of withdrawal of consent or objection to the processing of personal data. Providing your personal data is necessary for the purpose of implementing your participation in the Fund, receiving orders from you to purchase/take up participation rights, and also necessary to implement statutory requirements related to these activities; failure to provide data will prevent the implementation of these activities.
DATA RECIPIENTS
Personal data may be transferred to entities processing data on behalf of the data controller, who participate in the process of performing the processing activities. The recipients of your personal data these may include in particular: distributors of share rights (stocks), entities providing advisory, banking, auditing, accounting, IT, ICT, archiving and destruction of documents, marketing services, as well as auditors in connection with the audit.
RIGHTS OF THE PERSON WHOM THE DATA SUBJECTS
In connection with the processing of personal data, the person to whom the data relates has the following rights:
– the right to information on the processing of personal data – the person making such a request will be provided with information on the processing of data, including in particular the purposes and legal basis of processing, the scope of the data held, entities to which it is disclosed, and the planned date of deletion of the data;
– the right to obtain a copy of the data – the administrator provides a copy of the processed data;
– the right to rectification – the administrator is obliged to remove any inconsistencies or errors in the processed personal data and to supplement them if they are incomplete;
– the right to delete data – on this basis, you can request the deletion of data whose processing is no longer necessary for the implementation of any of the purposes for which they were collected;
– the right to restrict processing – on this basis, the administrator ceases to perform operations on personal data – with the exception of operations to which the data subject has given consent – and to store them, in accordance with the adopted retention principles or until the reasons for limiting data processing cease to exist (e.g. a decision of the supervisory authority is issued permitting further data processing);
– the right to transfer data – on this basis – to the extent that the data is processed in connection with the concluded contract or the expressed consent – the administrator issues the data provided by the data subject in a format that allows them to be read by a computer. It is also possible to request that these data be sent to another entity – provided, however, that there are technical possibilities in this respect on the part of both the administrator and the other entity;
– the right to object to other purposes of data processing – the data subject may at any time object to the processing of personal data that is based on the legitimate interest of the administrator; the objection in this respect should contain a justification;
– the right to object to the processing of personal data for marketing purposes – the data subject may at any time object to the processing of personal data for marketing purposes, without the need to justify such an objection;
– the right to withdraw consent – if the data is processed on the basis of expressed consent, the data subject has the right to withdraw it at any time, which, however, does not affect the lawfulness of the processing carried out before the withdrawal of consent;
– the right to complain – if it is found that the processing of personal data violates the provisions of the GDPR or other provisions on the protection of personal data, the data subject may file a complaint with the President of the Office for Personal Data Protection.
Providing your personal data is voluntary, but it may be necessary to conclude an agreement to acquire the Fund’s share rights or to exercise the rights resulting from such participation, as the data indicated in the acquisition order form is required to conclude an agreement. Failure to provide the personal data necessary to complete the form will prevent the conclusion of the contract referred to above.
Due to the fact that we use the services of other suppliers, e.g. in the field of IT support, your personal data may be transferred outside the EEA. In such cases, we ensure a similar level of protection of such data by ensuring at least one of the following protection measures:
– transfer of personal data to countries recognized by the European Commission as providing adequate protection of personal data,
– application of data protection clauses adopted by the European Commission, guaranteeing the same protection as in the European Union
or
– when we use service providers based in the United States, we may transfer data to them under the Privacy Shield, which requires them to provide similar protection as within the European Union
Based on your personal data, the administrator will not make automated decisions regarding you, including decisions resulting from profiling.
