1. INTRODUCTION
Agri Investment Fund will process your Personal Data in accordance with the current privacy legislation including but not limited to the General Data Protection Regulation 2016/679 (herein “GDPR”) and the law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
Agri Investment Fund is committed to protect the privacy of your Personal Data. This privacy policy (herein “Privacy Policy”) describes and explains:
- how we process any personal information relating to an identified or identifiable natural person (herein “Personal Data”);
- how and why we collect the Personal Data, what we do with the Personal Data and with whom we share it,
- how we protect the Personal Data and how (long) we store it.
We invite you to read the provisions of this Privacy Policy. Please note that by making use of our website or business-related services you agree that AIF will process your Personal Data in accordance with the principles described in this Privacy Policy. In summary this Privacy Policy is directed at individuals whose Personal Data will be processed by AIF in the framework of our business activities (i.e. prospects, clients, business relations, website visitors, etc.).
We request you not share any sensitive or special categories of personal data[1] with us. Please note that when sharing Personal Data of your employees, consultants, directors or any third party with us, you are responsible to inform them of the content of this Privacy Policy.
2. WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR PERSONAL DATA?
This Privacy Policy applies to the processing of your Personal Data by:
Agri Investment Fund, with company number 0893.885.781, having its registered office at Diestsevest 32 mailbox 5b, 3000 Leuven, Belgium, (herein “AIF”, “we”, “us” and “our”).
AIF is responsible for the processing of your Personal Data and will act as a data controller in relation to your Personal Data.
3. PROCESSING OF YOUR PERSONAL DATA: WHICH TYPE OF PERSONAL DATA DO WE COLLECT, FOR WHAT PURPOSE AND ON WHICH LAWFUL BASIS WILL IT BE PROCESSED?
Below you can find an overview of the Personal Data that we process depending on our relationship with you. We have also clarified on which lawful basis and for which purpose(s) your Personal Data is processed.
A. Business relationship with potential investors or other business relations
In the framework of a (prospective) business relationship with AIF it is possible that the below Personal Data will be processed:
- Name and surname;
- Job title;
- Contact details;
- E-mail and Postal address;
- Telephone number;
- Company name and VAT number (if applicable).
We process the above listed Personal Data within the framework of our (potential) business relationship for the below purposes:
- to communicate;
- to maintain a record of contact;
- to provide information and assistance;
- to provide invitations for AIF organized or sponsored events;
- to manage our day to day affairs in the framework of the (prospective) business relationship;
- to assess potential opportunities/investments/transactions;
- to follow-up on administrative, technical, legal and accounting obligations.
The lawful basis for processing the above listed Personal Data is our legitimate interest for the promotion of AIF’s business position in the market. This legal basis only applies when our interest is not overridden by your fundamental rights and freedoms. You can always request additional information concerning our legitimate interest before the start of our processing activities. However, from the moment a transaction, investment or contractual relationship is being established the shared Personal Data will be processed based upon the legal basis necessary for the performance of our contract.
AIF may also within her contractual business relationship process your Personal Data for additional purposes that are necessary for AIF’s day to day affairs and which will be communicated to you.
Following our relationship, the Personal Data may be communicated and shared to several of AIF’s professional advisors (such as accountant, legal counsel, etc.), IT hosting providers and other IT suppliers of AIF, commercial partners that are all located within the European Economic Area (unless otherwise indicated).
B. Transaction with potential investors
In the framework of a potential transaction with AIF as an investor or advisor, it is possible that the below Personal Data will be processed:
- Name and surname;
- Contact details and CV related content (i.e. education, current and former employer, professional experiences, job title, etc.);
- Financial information;
- E-mail and postal address;
- Telephone number;
- Company name and VAT number (if applicable).
We process the above listed Personal Data within the framework of a potential transaction for the below purposes:
- to communicate;
- to maintain a record of contact;
- to provide information and assistance;
- to assess potential transactions/investments;
- to administer any of AIF’s transactions/investments;
- to assess the identity and feasibility of a transaction/investment;-to comply with the necessary legal and regulatory obligations (AML legislation, etc.);
- to communicate with external advisors to follow-up on administrative, technical, legal and accounting obligations.
The lawful basis for processing the above listed Personal Data is our legitimate interest when promoting and protecting AIF’s business position in the market. This legal basis only applies when our interest is not overridden by your fundamental rights and freedoms. You can always request additional information concerning our legitimate interest before the start of our processing activities. However, from the moment a transaction or investment is being established or concluded the Personal Data will be processed based upon the legal basis necessary for the performance of our contract.
AIF may also within her contractual business relationship process your Personal Data for additional purposes that are necessary for AIF’s day to day affairs and which will be communicated to you.
Following the transaction your Personal Data may be communicated and shared to several of AIF’s professional advisors (such as accountant, legal counsel, etc.), IT hosting providers and other IT suppliers of AIF, commercial partners (i.e. co-investors), that are all located within the European Economic Area (unless otherwise indicated).
C. Professional advisors and suppliers
In the framework of a contractual relationship between AIF and its advisor and/or supplier, it is possible that the below Personal Data will be processed:
- Name and surname;
- Contact details;
- E-mail and postal address;
- Telephone number;
- Company name and VAT number (if applicable);
We process the above listed Personal Data for the below purposes:
- to communicate;
- to maintain a record of contact;
- to provide information;
- to comply with the necessary legal and regulatory obligations (AML legislation, etc.);
The lawful basis for processing the above listed Personal Data is the performance of our contractual relationship or a legal obligation which will be clearly communicated to you.
In accordance with our contractual relationship the Personal Data may be communicated and shared to several of AIF’s IT hosting providers and other IT suppliers of AIF, commercial partners that are all located within the European Economic Area (unless otherwise indicated).
D. Legal obligations of AIF
In the framework of AIF’s activities it is possible that we are legally obligated to process certain Personal Data of you. Below you can find a non-exhaustive list of several legal obligations that need to be respected by AIF:
- The legal obligation to prevent and combat criminal conduct, crimes, fraud and anti-money laundering activities;
- The legal obligation to update the UBO registration.
Your Personal Data may be shared with governmental agencies, supervisory authorities and/or judicial bodies whether or not upon their written instructions or on the basis of a legal obligation.
E. Legitimate interest of AIF
In the framework of AIF’s activities additional legitimate interests may exist when processing your Personal Data. In such a case the processing of your Personal Data will be necessary for the purposes of AIF’s legitimate interest, except when our interest is overridden by your fundamental rights and freedoms. When this processing ground is invoked, we will provide you with additional information about our legitimate interest before the start of our processing activities.
F. Website visitor
In the framework of AIF’s website activities, it is possible that we may process the below Personal Data:
- Name and surname;
- Contact details;
- E-mail and postal address;
- Areas of interest.
We process the above listed Personal Data on the lawful basis of your free, specific, informed and unambiguous consent for the below purposes:
- for the activation of certain types of cookies that run on our website (i.e. analytic and marketing cookies, etc.);
- for sending (investment) opportunities/communication via e-mail (or newsletter).
If AIF would process your Personal Data on the basis of your consent, AIF will request your valid consent at an appropriate time via a separate procedure. In case you no longer wish that your Personal Data is processed on the basis of your consent you always have the right to withdraw your consent at any time, free of charge and without having to provide any reason.
Following your valid consent your Personal Data may be communicated and shared, as provided in the separate notification, to several of AIF’s (IT hosting) providers and other IT suppliers or commercial partners that are all located within the European Economic Area (unless otherwise indicated).
G. Job applicants
In the framework of AIF’s job application procedure, it is possible that we may process the below Personal Data:
- Identification details (first name, surname, date of birth, nationality, etc.)
- Contact details;
- E-mail and postal address;-Interview details;
- CV related information (i.e. photo, language, educational information and professional background).
We process the above listed Personal Data that you have provided to us for the below purposes:
- to communicate;
- to maintain a record of contact;
- to provide information on the recruitment process;
- to assess, consider and potentially sign an employment agreement.
The lawful basis for processing the above listed Personal Data is (1) the performance of our potential contractual relationship; or (2) the legal obligation to process certain information (e.g. the obligation to evaluate whether the job applicant is qualified to work in Belgium); or (3) our legitimate interest which only applies when our interest is not overridden by your fundamental rights and freedoms. You can always request additional information concerning our legitimate interest before the start of our processing activities.
In accordance with our job application process your Personal Data may be communicated and shared to several of AIF’s professional advisors (such as legal counsel, etc.), IT hosting providers and other IT suppliers or with governmental agencies to comply with certain legal obligations that are all located within the European Economic Area (unless otherwise indicated).
4. RETENTION PERIOD
We will store your Personal Data as long as necessary for the specific purpose while ensuring at the same time appropriate protection of your Personal Data.
Moreover, AIF will be required to comply with the retention periods that are imposed by the applicable legislation, including but not limited to:
- 10 year retention period in the framework of AIF’s contractual liability; and
- 7 year retention period for accounting and tax purposes; and
- 5 year retention period in the framework of AIF’s liability in relation to anti-discrimination claims (e.g. following from the job application procedure).
Upon expiration of the described retention period, we will remove or anonymize your Personal Data.
5. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
Depending on the purpose for which we collect your Personal Data, we may share your Personal Data with another affiliate or subsidiary of AIF (if any). We may also transfer your Personal Data to a third party recipient in the framework of the processing activities as described in this Privacy Policy (i.e. accountant, legal counsel, service provider, etc.).
Please note that your Personal Data will be processed in the European Economic Area. However, in case your Personal Data would be transferred outside the European Economic Area this will be based upon appropriate safeguards as provided for in article 46 GDPR including the drafting of the required data transfer agreements.
6. HOW DO WE PROTECT YOUR PERSONAL DATA?
We have implemented a set of technical and organizational security measures to protect your Personal Data against unlawful or unauthorized access or use, as well as against accidental loss or damage of the integrity of the Personal Data. These technical and organizational security measures take into account our IT infrastructure, the potential impact on your privacy, the costs and the current industry standards and practice.
Your Personal Data will only be processed by a third party if that third party agrees to comply with our technical and organizational security measures.
7. WHAT ARE YOUR RIGHTS?
Please note you have the following rights in relation to your Personal Data:
- Right to access and rectification: you have the right to access your Personal Data. Before providing access, we may ask for proof of identity and sufficient information about your interactions with us for security purposes. If we agree that we are obliged to grant you reasonable access, we will do so free of charge but only for your first request. If the Personal Data we hold about you is incorrect, you may always ask us to rectify any inaccuracies;
- Right to erasure: you have the right to have any of your Personal Data erased (except in some cases, for example, to prove a transaction or when required by law);
- Right to restrict processing: you have the right to request a restriction of processing if we are not entitled to use your Personal Data (anymore) or if you contest the accuracy of your Personal Data;
- Right to object processing: where applicable, you have the right to object to us processing your Personal Data for certain purposes;
- Right to data portability: under certain conditions, you have the right to receive your Personal Data, which you have provided to us, in a commonly used, structured machine readable format and to transmit your Personal Data to any third party of your choice;
- Right to withdraw your consent: you can withdraw your consent at any time, free of charge and without having to provide any reason.
You can exercise these rights by contacting us and we will undertake the necessary action to comply with your request, so long as it is consistent with the applicable law and professional standards. Please find our contact information under provision 11.
8. WHAT ABOUT COOKIES?
We may use so-called ‘cookies’. Cookies can be considered as pieces of data that are sent by the webserver to your browser who writes these data to the hard disk of your computer. By using cookies, we may offer you a quicker and more efficient entry to our website (www.aifund.be). You can turn off the use of cookies in your browser settings. If you disable the use of cookies, the website is still accessible, but you may not have access to all of its functionalities. The main goal of our cookies is to improve the user experience.
More information concerning the different types of cookies, how to disable the cookies and the purpose of the cookies can be found in our cookie policy.
9. HOW CAN YOU LODGE A COMPLAINT?
If you do not agree with the way we process your Personal Data, you always have the right to lodge a complaint with the Belgian Data Protection Authority acting as the supervisory authority:
10. SOCIAL MEDIA
AIF makes use of social media to keep you informed about her activities and/or services. You can follow AIF on LinkedIn. When you are making use of this social media platform, the terms and conditions thereof will apply.
If you submit a request or question to AIF via a social media platform, we will retain your message including your username in order to reply upon your request or question. AIF also uses advertising possibilities on the respective social media platform.
AIF will provide you with advertisements based upon your Personal Data that the social media platform has collected of you after having received your consent (e.g. you follow AIF’s page and are interested in AIF’s activities and/or services). These Personal Data are not under control of AIF but under control of the respective social media platform.
11. CONTACT INFORMATION
AIF cares about your privacy and the protection of your Personal Data. You can ask questions, make remarks, and file complaints or other enquiries regarding our Privacy Policy.
You can reach us via e-mail, telephone or post, whichever suits you best. You may address your messages to our privacy contact point:
- E-mail: privacy@aifund.be
- Phone number: +32 16 28 62 51
- Postal address: Diestsevest 32 mailbox 5b, 3000 Leuven, Belgium
12. CHANGES TO OUR PRIVACY POLICY
We may modify this Privacy Policy from time to time to reflect our current privacy practices. We encourage you to periodically review this Privacy Policy to be informed on how we process and protect your Personal Data.
If we make any significant changes in the way we process your Personal Data we will make this clear through our homepage.
This Privacy Policy was last updated on 1 September 2022.
[1] Special categories of personal data mean personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation.
