LPEA DATA PROTECTION POLICY

This data protection policy (the “Data Protection Policy”) of the Luxembourg Private Equity & Venture Capital Association (“LPEA”) sets out the rules and procedures as to the collection, processing and transmission of personal data (i.e. data by which you may be directly or indirectly identified, hereafter the Personal Data) in accordance with the Data Protection Legislation when accessing and browsing the website www.lpea.lu (the Website).

Data Protection Legislation means the General Data Protection Regulation (EU) 2017/69 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), as well as any other applicable laws, regulations and sector recommendations containing rules for the protection of individuals with regard to the processing of Personal Data

  1. Who is the data controller and who to contact?

Personal Data collected on the Website are processed by LPEA. LPEA is the association for the Luxembourg private equity and venture capital industry. As such, it reunites professionals working inside this specific industry (“LPEA’s Constituency”). It has its registered office at 12 rue Erasme, L-1468 Luxembourg, and is incorporated as non-for-profit association under the Luxembourg Trade and Companies Register.

Should you have any requests concerning your Personal Data, you can contact LPEA at the address indicated above or at lpea-office@lpea.lu.

  1. For which purposes does LPEA process personal data and on which legal basis?2.1 For purposes that are in LPEA’s or a third party’s legitimate interest

The purposes of the processing by LPEA are notably to:

  • promote the industry domestically and internationally, to give a voice to the industry vis-à-vis public authorities, to provide for networking opportunities to professionals working in the industry;
  • foster community building within the private equity and venture capital industry;
  • manage the relationship with LPEA members, in particular for membership administration, networking and sharing the information with other members or official or public bodies;
  • set up a directory and making it available the Website for those members who wish so;
  • improve the performance and usability of the Website;
  • personalize the user’s experience on the Website as to assure the best user experience possible;
  • send updates and announcements about LPEA services;
  • establish statistics and the conduct of Website trends, performance and commercial analysis;
  • assure the safety and continuity of LPEA’s IT services and systems;
  • detect fraud;
  • establish, exercise and defence of legal claims; and
  • in connection with any business reorganisation, transfer, disposal, merger or acquisition on the level of LPEA.2.2. With your consent

Insofar as you have given LPEA your consent for the processing of your Personal Data, such consent will serve as a legal basis for the referred processing.

This includes the consent you may have given in relation to the use of cookies or the possibility to be contacted in relation of marketing purposes relating to our events and information about our activities, as well as to receive LPEA’s newsletter (e.g. about services of members of LPEA or those of its commercial partners).

You can withdraw your consent at any moment by contacting LPEA at the address indicated in clause 1.

  1. What personal data is processed?

LPEA receives and collects the Personal Data directly from you or through the use of automated technology when you use and interact with the Website.

In particular, the Personal Data LPEA processes about you may include:

  • personal data that you provide by filling in forms on the Website or using the contact details (this may include the first name, last name, company or organization for which an individual works, function or title within a company or organization, office address, membership status, email address, telephone number). Not all of these fields are complete for every contact and which of the above data fields LPEA holds on each of its contacts depends on what information was available at the time of collection.
  • data technically transmitted when you access or browse the Website, such as IP address and data notably obtained through the use of cookies (including date and time of access, language preferences, operating system used, number of visits, pages of the Website you have visited, etc.). Please also refer to clause 4 “Cookies” and to the cookie policy for further information on Personal Data gathered through the use of cookies.

No personal data shall be collected that are, by their nature, particularly sensitive in relation to fundamental rights and freedoms and merit specific protection.

  1. Cookies

A “cookie” is a small piece of text that a website places in the cookie file of your browser and that allows the website to remember who you are.

Like many other website, LPEA uses cookies to provide you with a safe, effective and user friendly Website. LPEA also uses cookies to compile certain information to determine visitor’s preferences and trends in web browsing activity.

You have the choice of deciding whether to accept cookies or not by setting your browser to block some or all cookies. However, please be aware that if you do not accept cookies, you may not be able to enjoy a comprehensive experience of the Website features. Strictly technical cookies, necessary to the functioning of the Website cannot be refused.

For more information on the use of cookies, please refer to LPEA’s cookie policy.

  1. Who receives your personal Data?

The following recipients may receive your Personal Data:

  • Service providers, including but not limited to IT or website services suppliers, including Wild Apricot which is in charge of assuring the newsletter communications, financial, tax or legal advisors, that process your Personal Data on LPEA’s instructions;
  • The operator of the general homepage by which the Website is accessible;
  • Government, judicial and supervisory authorities; and
  • Parties involved in the context of a company restructuring, transfer, divestiture, merger or acquisition impacting LPEA.
  1. Where is your personal data transferred to?

The Personal Data are not transferred outside of the European Economic Area (the EEA).

  1. How long does LPEA retain your personal data?

The retention periods for your Personal Data are based on LPEA’s business needs and legal requirements.

LPEA may notably retain:

  • Personal Data you have submitted to LPEA through a specific request until we have responded to your request or until the end of the exchange relating thereto, plus ten (10) years as of the end of such communication; and
  • cookies up to six (6) months after your last use of the Website.

LPEA may also retain your Personal Data other than those related to cookies for up to two (2) years for statistics, business analysis and marketing purposes.

  1. Do you have the obligation to provide the Personal Data?

In the context of LPEA’s business and the functioning of the Website, you only have to provide the Personal Data that is necessary for LPEA to reply to your requests or necessary for the Website to run properly.

However, please be aware that without certain types of Personal Data (notably Personal Data relating to cookies technically required to be able to browse the Website), LPEA will not be able to duly reply to your requests or some parts of the Website may become inaccessible.

  1. To what extent DOES LPEA use automated decisions making or profiling?

In general, LPEA does not use automated individual decision-making or profiling in the course of the relationship with you. Should LPEA rely on such processing, LPEA would inform you separately, insofar LPEA is legally required to do so.

  1. What are the rights of the users?10.1 Right to information, rectification, erasure and restriction of processing

You may request to obtain at no costs, within reasonable intervals, and in a timely manner, the communication of your Personal Data being processed, as well as all information on the origin of those Personal Data.

You also have the right to rectify your Personal Data that is inaccurate.

In cases where the accuracy of the Personal Data is contested, the processing is unlawful, or where you have objected to the processing of your Personal Data, you may ask for the restriction of the processing of such Personal Data. This means that Personal Data will, with the exception of storage, only be processed with or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of an EU Member State. In case a processing is restricted, you will be informed before the restriction of processing is lifted.

You may request the deletion of Personal Data, without undue delay when the use or other processing of such Personal Data is no longer necessary for the purposes described above, and notably when consent relating to a specific processing has been withdrawn or where the processing is not or no longer lawful for other reasons.

10.2 Right to object

You may object to processing of your Personal Data which is based on the legitimate interests pursued by LPEA or by a third party. In such a case LPEA will no longer process your Personal Data unless LPEA has compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

10.3 Right to withdraw consent

You have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. The withdrawal only affects future processing.

10.4 Right to data portability

Where the processing of your Personal Data is based on consent or the execution of a contract with you, you also have the right to data portability for information you provided to LPEA– this means that you can obtain a copy of your Personal Data in a commonly use electronic format so that you can manage and transmit it to another controller.

10.5 Right to lodge a complaint

In the event that you wish to make a complaint about how LPEA processes your Personal Data, and/or if you want more details on the processing of your Personal Data and/or if you have any specific queries or concerns regarding the processing of your Personal Data, please contact LPEA in the first instance using the contact details provided in clause 1 and LPEA will endeavour to deal with your request as soon as possible.

This is without prejudice to your right to file a complaint with the Luxembourg data protection authority, the Commission nationale pour la protection des données, or any other competent data protection authority (e.g. that of your country of residence), in the event you have concerns on the processing of your Personal Data.

  1. Links to third party websites

The Website might contain link to third party websites.

This Privacy Policy solely concerns the Website, and LPEA’s processing of Personal Data.

Please check the privacy policy of these third parties’ websites to learn about how they process your Personal Data under their own responsibility.

  1. Amendments of this privacy notice

LPEA may amend this Privacy Notice from time to time to ensure that you are fully informed about all processing activities and LPEA’s compliance with applicable Data Protection Legislation. You will be notified of changes to the Privacy Notice by appropriate means.

Updated on 19.03.2020