Data Protection Declaration

Herewith we inform you about the processing of your personal data through Feri Trust (Luxembourg) S.A. and about your rights regarding the data protection law.

The English version is a translation of the original in German for information purposes only. In case of a discrepancy, the German original will prevail.

Responsible person of data processing

Responsible for the data processing:

Feri Trust (Luxembourg) S.A.
18, Bd. de la Foire, L-1528 Luxembourg
Phone: +352 270448-0 / Fax: +352 270448-729 / e-Mail: info@feri.lu

Data protection officer

You can contact the data protection officer of Feri Trust (Luxembourg) S.A. under this e-Mail: datenschutz@feri.lu.

Legal bases, sources and purpose of the data processing

We are processing your personal data because of the data protection regulations especially based on the EU General Data Protection Regulation (GDPR) and on other relevant national laws.

We are processing these personal data, which we get from business relationships with our customers, business associates and interested parties. Furthermore, we are processing, if necessary for our service, personal data which we get, permitted by law, from public sources (e.g. commercial register, register of associations, press and internet) or which we get from other companies of the FERI-Group, MLP-Group or other third parties.

Relevant personal data are personal details (name, address, other contact data, birthday, birthplace and citizenship), legitimation data (e.g. passport data) and authentication data (e.g. specimen signature). Furthermore, these data could include order data (e.g. bank details for payment orders), data from our contractual fulfillments (e.g. sales data of transactions), information about your financial situation (e.g. creditworthiness data, scoring/rating data, source of financial assets), commercial and distribution data, documentary data (e.g. suitable standardized declaration) and other data comparable to these categories.

Reasons for the processing of personal data:

a. To fulfill our contracts (art. 6 para. 1 b GDPR)
To make business as a fund management company, the processing of data is necessary to fulfill our contracts with our clients and business partner or to perform precontractual appropriate measures which are performed on request.

The purpose of the data processing is about the specific product (e.g. about the specific investment fund) and could also include consultation and a provision of transactions.

b. Within the scope of the balancing of interest (art. 6 para. 1 f GDPR)
If necessary we are processing your data on top of the contractual fulfillments to balance the justified interests of us or of third parties.

Examples:

  • Measures of business management and further development
  • Within the scope of services and products
  • Risk management
  • Analysis and optimization of processes for needs analysis for the purpose of the direct approach of clients
  • Advertising or market and opinion research unless you have objected to the use of your data
  • Assertion of statutory claims und defense
  • Within the scope of legal disputes
  • Ensuring IT security and IT Operation

c. Due to your approval (art. 6 para. 1 a GDPR)
As soon as you gave us your approval to proceed with your personal data for specific reasons (e.g. to give data to others in the concern, e-mail contact data for marketing reasons) the data proceeding is legal for us. Notice that this approval can be revoked anytime.

d. On the basis of statutory regulations (art. 6 para. 1 c GDPR) or in the public interest (art. 6 para. 1 e GDPR)
Moreover, we, as a fund management company, are subject to various legal obligations, i.e. statutory requirements (such as the Law on Money Laundering or tax laws) and regulations relating to the supervision of banking (e.g. of the banking supervision of Luxembourg). The purposes of processing include, among others, the assessment of creditworthiness, checking identity and age, prevention of fraud and money laundering, compliance with obligations of control and reporting under tax law and the assessment and management of risks.

Obligation to provide data

Within the scope of our business relationship, you are obliged to provide those personal data which are required for commencing, executing and terminating a business relationship and for compliance with the associated contractual obligations or the collection of which is imposed upon us by law. Without these data, we will generally not be able to enter into agreements with you, to perform under such an agreement or to terminate it. Under the statutory regulations in connection with money laundering, we are especially obliged to identify you by an ID document before entering into business relations with you and, especially, to ask for and record your name, place of birth, date of birth, nationality, address and identity card details. So as to enable us to comply with these statutory obligations, you are obliged to provide the necessary information and documents in connection with the anti-money laundering law and to report any changes that may occur in the course of our business relationship. If you should fail to provide the necessary information and documents, we are not permitted to enter into the desired business relationship or to continue with such a relationship.

Categories of recipients of the personal data

Within the FERI-Group and MLP-Group, those units will be granted access to your data that need them in order to comply with our contractual and statutory obligations. Service providers and agents appointed by us may also receive the data for these purposes on the condition that they, specifically, observe banking secrecy. These are companies in the categories funds administration, IT services, telecommunication as well as sales and marketing.

As far as passing on data to recipients outside our company is concerned, it must first be kept in mind that we, as a fund management company are obliged to keep all client-related facts and assessments we become aware of in strict confidence.

As a matter of principle, we may pass on information about our clients only if this is required by law or the client has given his consent. Under these circumstances, recipients of personal data may, for example, be:

  • Public authorities and institutions (such as the European Banking Supervisory Agency, the Federal Agency for the Supervision of Financial Services or authorities prosecuting criminal acts) provided a statutory obligation or an official decree is in place.
  • Other loan and financial services institutes or comparable institutes to whom we transmit your personal data for the purpose of performing transactions under our business relationship (depending on the agreement, for example, correspondent banks, depositary banks or stock exchanges).

If we do a data transfer to bodies in states outside the European Economic Area (EEA) the data transfer will only take place if the EU Commission guarantee that this third country has an adequate level of data protection or other data protection guarantees are existing in this country (e.g. binding intra-corporate data protection provisions or EU standard contractual clauses).

Data transfer to bodies in states outside the European Union (so-called third countries) will take place to the extent

  • this is required to carry out your services (such as payment or securities orders),
  • it is required by law (such as obligatory reporting under tax law) or
  • you gave us your consent.

Storage period of the data

We store your personal data as long as this is required to meet our contractual and statutory obligations. Another storage time could be existing due to legal burden of proof and retention obligation which are regulated by law (e.g. code of commercial law). The storage periods are up to ten years. Other storage periods could exist due to national legal limitation periods which are three or up to thirty years.

Rights of the persons affected

Every data subject has the right to get access of the personal data pursuant to Article 15 GDPR.

Furthermore, you have the right to rectification your personal data pursuant to Article 16 GDPR and the right to erase your personal data pursuant to Article 17 GDPR under specific circumstances e.g.:

  • If your personal data are no longer needed for the purpose they were collected,
  • If you revoke your approval and there is no other legal base,
  • If you revoke the processing and there are no legitimate reasons for a processing,
  • If your personal data where processed not legally or
  • If your personal data must be erased to fit into legal requirements

Please notice that a claim of erase is regarding to a legitimate reason which might makes the processing of data necessary.

Furthermore, you have the right of a restriction of your data processing pursuant Article 18 GDPR, e.g.:

  • If you say that your personal data is not right and we had the opportunity to confirm your data,
  • If the processing is not legal and you want a restriction of your data processing instead of an erase,
  • If we do not need your data anymore, but we need them for assertion or defence of legal claims or
  • If you revoked and it is not clear yet, if your interests prevail

If we process your data due to statistical reasons, you can revoke these processing due to reasons which are regarding to your special situation pursuant Article 21 para. 6 GDPR.

Furthermore, it is possible that you have got the right to get your supplied data on a structured, established and machine-readable format.

In some cases, it might also possible that you are not satisfied with our respond regarding to your request. If this is the case, it is your right to complain at the data protection officer and at the responsible regulatory agency.

Right of appeal

If you have any questions or a complaint you can contact our data protection officer. You may also contact the responsible regulatory agency in Luxembourg:

Commission nationale pour la protection des données
Service des plaintes
1, avenue du Rock’n’Roll
L-4361 Esch-sur-Alzette

Right to object based on individual case

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data.

If you do object, we will no longer process your personal data unless we have compelling justified reasons for such processing which take precedence over your interests, rights and freedom or, alternatively, such processing serves to assert, exercise or defend legal claims. You can send your contradiction to:

Feri Trust (Luxembourg) S.A.
Data protection officer
18. Bd. de la Foire , L-1528 Luxembourg

 

Feri Trust (Luxembourg) S.A.

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Our office in Luxembourg

18, Boulevard de la Foire
L-1528 Luxembourg

p +352 270448-0
f +352 270448-729
info@feri.lu

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