Privacy Policy

Privacy Policy

 

Antwort Capital S.A., 13 rue Aldringen, L-1118 Luxembourg, Luxembourg and Antwort Capital Partners GP SARL, 6A rue Gabriel Lippmann, L-5365 Munsbach, Luxembourg (“Antwort”) are, within the meaning of the EU General Data Protection Regulation (the “GDPR”) and other national data protection laws of the EU member states as well as other data protection regulations, joint controllers (the “Controllers”) for processing of your personal data. You may exercise your rights under the GDPR in respect of and against each of the controllers.

Each controller has appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact either DPO using the details set out below.

Antwort’s Data Protection Officer: IR@antwort.lu

 

The following policy pertains to Antwort as a data controller:

Antwort is the operator of https://antwort.lu, including all subdomains and subpages (the “Website”) and collects and processes personal data of individuals using the Website (the “user” or “you”). Antwort respects and values your privacy and is committed to protecting and processing your personal data in accordance with relevant data protection legislation,in particular with the GDPR, and good data processing practices. The protection and confidentiality of your personal data is of particular importance to us.

In this Privacy Policy we explain how we collect, use, share, protect, and keep information about you, as well as the rights to which you are entitled in this respect.

This Privacy Policy applies to:

• Visitors to our Website;
• Individuals registering as a potential investor;
• Individuals certifying as an eligible investor (an investor that is eligible for the particular investment, which depends on the jurisdiction);
• Individuals registering as an investor; or
• Individuals registering on behalf of a company or investment fund.

 

What information does ScalingFunds collect?

For the purposes mentioned in this Privacy Policy, we collect the following data concerning you:

• Your basic identification and contact details: we may collect data about you such as your first and last name, email address, postal address, phone number, and other similar contact data, date and place of birth, gender, country, and preferred language;
• Your account information: you provide us with certain information when registering into and using our services. This data may include data and information concerning your preferences;
• Information on how you use our Website: we use cookies to collect data on how you use our Websites and view our marketing emails. This may include information on which Antwort’ s Website pages you have visited, how long you stayed on them, which items you clicked on and on your IP-address. For more information on how to manage cookies, please see our cookies policy.
• Information derived from your use of our services: we collect any information that you provide to us when subscribing to our newsletter such as the abovementioned identification and contact details. ScalingFunds guarantees that we neither request, collect nor process special categories of personal data (i.e., personal information specifying criminal offences/convictions, medical or health conditions, biometric or genetic data, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual).
• Information for the execution of know your customer (“KYC”), anti money laundering (“AML”), and counter financial terrorism (“CFT”) procedures: we collect information required to carry out necessary KYC/AML/CFT compliance and to confirm your status as an eligible investor and in performance of our services. This data is provided to a third-party for processing in furtherance of these purposes. See Sharing your personal data for information on how third party’s use your data.

 

How does Antwort collect data?

Antwort may collect data in the following ways:

• when you use our Website and/or communicate with us;
• when you use Antwort’ services;

Data is stored in the log files of our system. Data is not stored together with other user’s personal data and will not be combined with other data sources. How does ScalingFunds use the data collected?

How we use the information we collect depends in part on which services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you:

• To provide the services and personalise your experience: We use information about you to provide the services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the services.
• For research and development: We use collective learnings about how people use our services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for improvement of the services.
• To communicate with you about the services: We use your contact information to send communications via email and within the services, including responding to your questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. These communications are part of the services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.
• To send out our newsletter: We use your contact information to send our newsletter. The ScalingFunds newsletter is an optional subscription service which you can opt out of at any time.
• Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyse crash information, and to repair and improve the services.
• For safety and security: We use information about you and your service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of service policies.
• To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
• With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above.

 

Legal basis for processing:

We collect and process information about you only where we have legal basis for doing so under applicable EU laws. The legal basis depends on the services you use and how you use them. This means we collect and use your information only where:

• We need it to provide you the services, including to operate the services, provide customer support and personalised features and to protect the safety and security of the services;
• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the services and to protect our legal rights and interests;
• You give us consent to do so for a specific purpose; or
• We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the services.

 

Sharing your personal data

Your information will be shared internally for the purpose of managing our service to you.

Antwort shares your personal data externally as necessary to render any service you have requested or authorised. We are required to share data with third party providers to fulfil contractual obligations you have agreed to, such as investing in an opportunity, where KYC AML, and CFT checks will need to be performed. For instance:

• This data may be passed on to Dentons Europe LLP, Markgrafenstraße 33, 10117 Berlin, Germany. You can view their privacy policy at https://www.dentons.com/en/privacy-policy.
• This data may be passed on to solarisBank AG, Anna-Louisa-Karsch-Straße 2, 10178 Berlin, Germany and its certification service provider IDnow GmbH, Auenstraße 100, 80469 München, Germany. You can view their privacy policy at https://www.solarisbank.com/en/privacy-policy/.
• This data may be passed on to JTC Group (JTC PLC), JTC House, 28 Esplanade, St. Helier, Jersey, JE2 3RT. You can view their privacy policy at https://www.jtcgroup.com/privacy-notice.
• This data may be passed on to Sanne Group, Sanne, 13 Castle Street, JE4 5UT, Jersey. You can view their privacy policy at https://www.sannegroup.com/media/1941/2018-05-30_privacy-notice-sanne.pdf.
• This data may be passed on to Auth0, you can view their privacy policy at https://auth0.com/privacy.
• This data may be passed on to HelloSign, you can view their privacy policy at https://www.hellosign.com/privacy.
• This data may be passed to IDNow, you can view their privacy policy at https://www.idnow.io/privacy/.
• This data may be passed on to Tangany, you can view their privacy policy at https://tangany.com/privacy-policy/.
• This data may also be passed on to other relevant data Controllers with your consent.
• Safety, security and compliance with law: we will access, transfer, disclose and preserve personal data to comply with applicable law and for reasons relating to national security. This may involve the sharing of your data with law enforcement, government agencies and other organisations.
• Consent: we may ask you to consent to sharing your information with another party (issuer) to improve your user experience, you may consent, or choose to decline. If you decline, you will be required to re-enter your personal information to become a qualified investor.

Those recipients may be located both in and outside the European Union. Your personal data will not be transferred to any country outside the European Union which does not ensure an adequate level of protection unless you gave us prior authorisation to do so or specific measures (adequate security measures such as model clauses) have been taken by us in order to ensure that the requirements of the applicable data protection law have been fulfilled.

 

Your rights

Antwort seeks to ensure that you are able to exercise your rights at any time. You may contact us at any time using the contact details provided in the Contact us section of this Privacy Policy. Your rights include the:

• Right to access your personal information: you have a right to review the data we hold, collect and process about you.
• Right to rectification: should the data we hold, collect and process about you be inaccurate or incomplete, you have the right to update such data at any time.
• Right to erasure: if at any time you decide you do not want us to retain any personal data we collected from you, you may request we delete your data. We will take reasonable measures to comply with your request in accordance with applicable laws. Please note that due to laws concerning eligible investors, KYC, AML, and CTF, we may need to retain personal data we collected in order to comply with these requirements.
• Right to restriction of processing: You have the right to restriction of processing only where in accordance with applicable laws.
• Right to object: We will consider your objection and we will comply with it unless we have a compelling legitimate ground not to, as permitted by applicable law.
• Right to data portability: you may have the right to have your personal data transmitted directly from us to another controller only when you have asked us to do so and have consented to such sharing, and when technically feasible.
• Right to lodge a complaint with the supervisory authority: you have the right to lodge a complaint where you believe that your data is being processed in a way that does not comply with the GDPR. The supervisory authority is the National Commission for data Protection of the Grand Duchy of Luxembourg , https://cnpd.public.lu/en.html

Please be aware that these rights are not absolute and there may be some situations in which Antwort may not be able to comply with your request.

 

Retention period of your data

Antwort will only retain your personal data:

• For as long as it is necessary for the purpose or purposes for which it was intended;
• For the purposes of rendering or fulfilling the service requested by you;
• For as long as required or permitted by law.

 

How we protect your data

Antwort takes the security of your data seriously. Antwort acknowledges your trust and is committed to protecting the data you provide to us. We maintain appropriate organisational, physical and technical security measures (including with respect to personnel, facilities, hardware and software, storage and networks, access controls, monitoring and logging, vulnerability and breach detection, incident response, encryption of personal data) to protect against unauthorised or accidental access, loss, alteration, disclosure or destruction of personal data.

 

Notification of personal data breach

Antwort is committed to notifying you of any personal data breach by Antwort, its processors, or any other third-parties acting on Antwort's behalf without undue delay, only where the personal data breach is likely to result in a high risk of breaching your rights and freedoms.

 

Changes to this policy

We reserve the right to amend this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, and to ensure it is accurate, complete and up-to-date. You are advised to check this Privacy Policy from time to time.

 

Data Security

Our Website uses SSL encryption for security reasons and to protect the transmission of confidential content, such as requests you send to us as the site operator. An encrypted connection can be recognized by the fact that the address line of the browser changes from "http://" to "https://" and the lock symbol in your browser line.

If SSL encryption is enabled, the information you provide to us cannot be read by third parties.

 

Contact us

If you have any questions or concerns about our use of your information or regarding our Privacy Policy, you may contact us by sending an email to contact@antwort.lu