1Who is responsible for your Personal Data
This Privacy Notice explains how WSP, WPP, WIOF in liquidation represented by the Court appointed liquidator Me Ferdinand Burg ("the liquidator", "we", "us" or "ours") collects, uses, shares and otherwise processes your Personal Data in connection with your relationship as a shareholder or investor in accordance with the data protection laws applicable to the Grand-Duchy of Luxembourg and the EU General Data Protection Regulation n°2016/679 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").
We control the ways your Personal Data are collected, and the purposes for which we use your Personal Data in our role of "data controller" under the meaning of data protection laws that apply to us, including the GDPR.
2 Personal Data we collect
When using the term "Personal Data" in our Privacy Notice, we mean information that relates to you and allows us to identify you, either directly or in combination with other information that we may hold. Your Personal Data may include for example your name, your contact details or information on how you interact with us.
We process your Personal Data only:
If you have consented to us doing so, or
If we need it to comply with contractual obligations; or
If we need it to comply with a legal obligation; or
If we (or a third party) have a legitimate interest which does not override your interests or fundamental rights and freedoms. Such legitimate interests may for instance be the provision of services by us, administrative or operational processes and direct marketing.
2.1 Categories of Personal Data
We may collect the following personal information from you in the course of the liquidation:
Personal identification information
Name and surname
Title, Salutation (Mr / Mrs / Ms)
Date and place of birth
Publicly available information
AML/KYC documentation (e.g. copy of passport or national identity card)
Content you provide (such as comments, responses to questions)
Job title / Profession
Postal and/or e-mail address
Department and name of organization
Payment related information
Information relating to your assets
Tax domicile and other tax related documents and information
If relevant for the liquidation, where you are a shareholder, we may also collect information about your business partners (including other shareholders or beneficial owners), directors, representatives and authorized signatories. Before providing the liquidators with this information, you should provide a copy of this notice to those individuals.
2.2 Sensitive Personal Data
In the course of providing services to you, we may collect information that could reveal your racial or ethnic origin or conviction of criminal offences. Such information is considered as "sensitive personal data" under the GDPR. We only collect this information in the case you have given your explicit consent, it is necessary according to legal obligations, or you have deliberately made it public.
For example, we may collect this information when you provide us with your personal documentation copy of passport or ID card, your nationality and/or photo may imply your racial or ethnic origin.
By providing any sensitive personal data you explicitly agree that we may collect and use it for the purposes of the liquidation and in accordance with this Privacy Notice.
3 How and why we use Personal Data
We always process your Personal Data for a specific purpose and only process the Personal Data which is relevant to achieve that purpose. In particular, we process your Personal Data for the following purposes:
To administer the liquidation;
To manage our relationship with you, including communicating with you in relation to the liquidation;
To comply with our legal obligations (e.g. laws of the financial sector, anti-money-laundering and tax laws), including disclosures to tax authorities, financial service regulators and other regulatory and governmental bodies, and investigating or preventing crime;
Any other purposes we notify to you from time to time.
We will only use your Personal Data for the purposes for which we collected it and which we informed you about, unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
4 Data subject rights in relation to Personal Data
Under the GDPR you have various rights as an individual which you can exercise under certain circumstances in relation to your Personal Data that we hold. These rights are to:
Request access to your Personal Data (commonly known as a "data subject access request") and request certain information in relation to its processing;
Request rectification of your Personal Data where it is inaccurate or incomplete;
Request the erasure of your Personal Data;
Request the restriction of processing of your Personal Data;
Object to the processing of your Personal Data.
If you want to exercise one of these rights please contact us using the contact details provided below.
If you are not satisfied with our response, you also have the right to lodge a complaint with the National Commission for Data Protection ("CNPD"), the Luxembourg supervisory authority for data protection issues, or, as the case may be, any other competent supervisory authority of an EU member state.
5 Security of Personal Data
We are committed to taking appropriate technical and organisational measures to protect your Personal Data against unauthorised or unlawful processing and against accidental loss, disclosure, destruction or damage.
Your Personal Data is stored in Luxembourg in electronic and physical form. Any physical documentation is kept in a restricted and secure location. Electronic files that contain Personal Data are stored within a secured IT infrastructure.
6 Sharing of Personal Data
Please note that we may use or disclose Personal Data if we are required by law to do so or if we reasonably believe that use or disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.
Where we need to further process your Personal Data for purposes other than that for which it was collected, we shall provide you with any relevant additional information prior to doing so.
Personal Data may be transferred to other entities or individuals located in and outside the European Economic Area ("EEA") including:
Administrative authorities, courts, tribunals, governmental or regulatory agencies including tax authorities, law enforcement agencies and notaries;
Bailiffs or other foreign lawyers;
Personal Data will nevertheless not be transferred to any country outside the EEA which does not ensure an adequate level of protection unless:
You explicitly consent to the liquidator for the proposed transfer, after having been informed of the possible risks of such transfers due to the absence of an adequacy decision and appropriate safeguards to do so, or
appropriate safeguards (such as standard contractual clauses) have been taken by the liquidator in order to ensure that the requirements of the Data Protection Laws have been fulfilled.
In any case, any transfer of Personal Data will be undertaken in compliance with the strict professional secrecy rules under Luxembourg law.
7 Retention period
We will only retain your Personal Data for as long as we need it, subject to the legal limitation periods, in order to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.
Upon expiry of the applicable retention period we will either securely destroy your Personal Data in accordance with applicable laws and regulations or anonymise your Personal Data so that it can no longer be associated with you (in which case it is no longer considered as Personal Data).
Data subjects will in general not have to pay a fee to exercise any of their individual rights mentioned in this Privacy Notice. However, we may charge a reasonable fee if a request to exercise individual rights is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
9 Changes to Personal Data
We are committed to keeping your Personal Data accurate and up to date. Therefore, if your Personal Data changes, please inform us of the change as soon as possible using the contact information provided below.
10 Updates to our Privacy Notice
We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Notice at any time, and we will make an updated copy of such privacy notice publicly available.
If we make any material changes to this Privacy Notice, we will notify you accordingly, by email or by means of a notice on our website.
11 Contact Information
If you have questions or concerns regarding this Privacy Notice or you wish to exercise your rights in relation to your Personal Data, please contact us at the liquidation email adress of the fund you are invested in.