Privacy

Privacy Policy

In this Privacy Policy “MONTALIS INVESTMENT B.V.”, “we”, “us” and “our” means MONTALIS INVESTMENT B.V. located at Amstelplein 1, Rembrandt Tower, 1096 HA Amsterdam (with company number 33149169).

  

About this Privacy Policy

For the purposes of data protection law, we are a data controller in respect of personal data. MONTALIS INVESTMENT B.V.is responsible for ensuring that it uses personal data in compliance with data protection law, including the General Data Protection Regulation (regulation (EU) 2016/679 – “GDPR”) and any relevant applicable laws in the Netherlands.

This Privacy Policy applies to clients, legal representative or employees of MONTALIS INVESTMENT B.V.’s clients, beneficial owners of MONTALIS INVESTMENT B.V.’s clients and potential business relationships (hereafter referred to together as the “Clients”).

The Clients undertake to notify their representatives and employees (the “Data Subjects”) of this Privacy Policy.

This Privacy Policy sets out the basis on which any personal data that Clients provides to us, that we create, or that we obtain about Clients from other sources, will be processed by us. Please take the time to read and understand this Privacy Policy.

This Privacy Policy includes in particular:

The categories of personal data collected and processed

The purposes of processing of personal data

The Legal grounds for processing personal data

Communication of personal data to third parties

Retention of personal data

Rights of Data Subjects

Security of personal data

Contacting us

This Privacy Policy may be amended or updated from time to time to reflect changes in practices with respect to the processing of personal data or changes in applicable law.

1.  Categories of personal data collected and processed

In the course of its banking relationship with Clients, MONTALIS INVESTMENT B.V. will collect and process the following personal data relating to the Data Subjects:

Personal details: names, surnames, gender, birth dates and other elements of civil status;

Identity documents: copy of passport, copy of identity card, example of signature;

Contact details: work postal addresses, work and private email addresses, job title, etc.

Employment details: work title and information relating to their professional and (where relevant) financial status;

Data related to electronic identification and data relating to IT usage;

Content of any electronic communication (e.g. telephone calls and interviews, internet discussion, e-mails, data related to payment systems etc.) exchanged between the Client and us.

These personal data are collected either directly from the Clients, or via companies belonging to the MONTALIS INVESTMENT B.V. Group, or from public sources.

When the personal data are collected from the Clients (including their representatives or employees), the provision of the personal data requested is mandatory. Any refusal to do so may have as a consequence that MONTALIS INVESTMENT B.V. may not be able to provide quality services to the Client or may be in breach of a statutory or regulatory obligation applicable to MONTALIS INVESTMENT B.V.

2. Purposes of processing personal data

The above personal data will be stored and processed by MONTALIS INVESTMENT B.V. for the following purposes:

Management of the contractual relationship between MONTALIS INVESTMENT B.V. and the Client;

Administering and operating account and providing and managing products and services, offering products and services;

Participating in the prevention and detection of fraud and related crimes, producing statistics, management information and executing tests, complying with anti-money laundering, terrorism and related legislation and complying with other legal and regulatory obligations;

Complying with statutory and regulatory requirements to which MONTALIS INVESTMENT B.V. is subject, particularly in matters concerning identification controls, checking transactions, operational risk management, the prevention of conflicts of interests, the prevention of the fraud, the fight against money laundering and financing of terrorism;

Establishing statistics and tests;

Furthermore, MONTALIS INVESTMENT B.V. will, in accordance with applicable legal requirements, record electronic communications (e-mails) with its Clients and counterparts. When it occurs, the recording of electronic communication by MONTALIS INVESTMENT B.V. is made for the purpose of establishing proof of transactions or of another professional communication. Data pertaining to electronic communications and the content of said communications may be saved until the end of the period during which the underlying transaction can be legally disputed. The Client undertakes to inform his employees and representatives that any communication with MONTALIS INVESTMENT B.V. must be strictly confidential and professional.

3. Legal grounds for processing personal data

The processing of personal data is based on:

the necessity to perform a contract (the offering and provision of products and services to the Client, administering and operating account and providing and managing products and services);

a statutory or regulatory requirement (particularly in matters concerning identification controls, checking transactions, operational risk management, the prevention of conflicts of interests, the prevention of the fraud, the fight against money laundering and financing of terrorism);

the legitimate interest of MONTALIS INVESTMENT B.V. (prevention of misconduct or fraud, establishment of statistics and tests, determining risk profiles for the Client, improving services and for commercial purposes); and

the necessity to establish, exercise or defend our legal rights or for the purpose of legal proceedings.

4. Communication of personal data to third parties

Personal data processed by MONTALIS INVESTMENT B.V. may be communicated to the following recipients:

employees, agents, representatives and consultants of MONTALIS INVESTMENT B.V.;

legal entities within the Société Générale Group;

external legal advisors;

external auditors;

governmental agencies;

external fraud detection services; and

external service providers having a contractual relationship with MONTALIS INVESTMENT B.V.;

for the purpose of (i) managing products and services, executing the account holder’s orders and transactions,  (ii) entrusting certain operational functions to other entities of the Société Générale Group or to service providers chosen for their expertise and reliability to provide specific services.

In such cases, MONTALIS INVESTMENT B.V. will take all physical, technical and organizational measures necessary to ensure the security and confidentiality of personal data.

Furthermore, MONTALIS INVESTMENT B.V. may also disclose personal data, upon request, to the official organs and administrative or judicial authorities of a country, located within or outside the European Economic Area, particularly in the context of the fight against money laundering and terrorist financing.

5. Retention of personal data

Personal data will be kept no longer than necessary in relation to the purposes for which they were collected or otherwise processed.

How long we hold your personal data for will vary. The retention period will be determined by various criteria including:

the purpose for which we are using it – we will need to keep the data for as long as is necessary for that purpose;

legal obligations – laws or regulation may set a minimum period for which we have to keep your personal data;

the fact that the representative/employee remains a representative/employee of the Client;

fraud identification; or

existing or potential litigation.

6. Rights of the Data Subjects

The employees and representatives of the Clients (Data Subjects) have the following rights:

the right to obtain information regarding the processing of their personal data and access to the personal data which MONTALIS INVESTMENT B.V. holds about them;

in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that MONTALIS INVESTMENT B.V. transmits those data to a third party where this is technically feasible. This right only applies to personal data which the Data Subjects have provided to us;

the right to request that MONTALIS INVESTMENT B.V. rectifies their personal data if it is inaccurate or incomplete;

the right to oppose against the processing of their personal data for direct marketing purposes;

where the processing is based on consent, the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. 

the right to request that MONTALIS INVESTMENT B.V. erases their personal data in certain circumstances. There may be circumstances where the Data Subjects asks us to erase their personal data but we are legally entitled to retain it;

the right to request that MONTALIS INVESTMENT B.V. restricts its processing of their personal data in certain circumstances. Again, there may be circumstances where the Data Subjects asks us to restrict its processing of their personal data but we are legally entitled to refuse that request.

Data Subjects can exercise their rights by contacting us using the details set out in the “Contacting us” section below, including a copy of both sides of the ID cards of the relevant individuals.

MONTALIS INVESTMENT B.V. will carry out requests promptly unless we will have a strict business interest not to fulfill requests to the extent permitted by law. MONTALIS INVESTMENT B.V. will revert on how requests will be handled within 1 month after reception of the request.

Data Subjects may also lodge a complaint with the local data protection authority if he/she deems it appropriate:

“Autoriteit Persoonsgegevens”, Postbus 93374, 2509 AJ DEN HAAG or by searching on their website https://autoriteitpersoonsgegevens.nl/.

7. Security of personal data

MONTALIS INVESTMENT B.V. takes all reasonable physical, technical and organizational measures needed to ensure the security and confidentiality of personal data, particularly in view of protecting it against loss, accidental destruction, alteration, and non-authorized access.

8. Contacting us

In case of any questions or concerns about any information in this Privacy Policy or the exercise the rights provided in this Privacy Policy, please contact:

Data controller contact details:

operations@montalisinvestment.nl

  

GLOSSARY OF TERMS

Personal data

Information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified directly or indirectly.

Data Controller

Entity which determines the purposes and means of a processing of personal data

Processing

Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means.

Processor

Any person or entity which processes personal data on behalf and upon instructions of the data controller.