Privacy policy - v1

Effective May 4, 2017

1. Scope of application

This Privacy Policy governs processing of personal data (i.e. data by which an individual may be directly or indirectly identified) by Birdee a société anonyme incorporated under the laws of the Grand Duchy of Luxemburg, having its registered office located at 77-79 Parc d’Activites Capellen, 8308 Mamer, Luxemburg, registered with the Luxemburg trade and companies register under number B213539, and authorised by the Luxemburg supervisory authority of the financial sector (the Commission de surveillance du secteur financier, the CSSF) as a discretionary portfolio manager under article 24-3 of the Luxemburg act of 5 April 1993 on the financial sector, as amended with respect to a User of the Application Site.
This Privacy Policy should be read in conjunction with the Management Agreement and the Terms of Use. In case of discrepancies between the Privacy Policy and the Management Agreement, the Privacy Policy shall prevail.
The User acknowledges having read and understood the Privacy Policy on the Application Site which is available via following URL birdee.co and/or the application for mobile devices named Birdee which can be downloaded on App Store or Google Play.
In case the User disagrees with the Privacy Policy, (s)he shall not consult and/or use the Application Site.

2. Purposes for which personal data is processed

Birdee may process (which includes, storage, amendment, communication, use, etc.) personal data collected from the User and its beneficial owner(s) (such as name, address, profession, date of birth, nationality, etc.) to fulfil its contractual obligations towards the User (including the access to the Application Site and the discretionary portfolio management services under the Management Agreement), for accounting purposes and remuneration payments, marketing activities, litigation purposes, to create statistics and improve products and services, to perform creditworthiness and solvency checks, for fraud prevention and detection purposes, to perform internal investigations, to ensure compliance with applicable laws (including but not limited to AML and KYC obligations) and the prudent and sound management of the risks of Birdee and to comply with statutory and regulatory obligations imposed on Birdee.
Where the data is processed for the purposes of marketing activities, litigation, to create statistics and improve products and services, to perform creditworthiness and solvency checks, for fraud prevention and detection purposes, to perform internal investigations in order to ensure compliance with applicable laws and the prudent and sound management of the risks of Birdee, the processing is based on a legitimate interest of Birdee.

3. Communication of User data to third parties

To the extent permitted by the User or required or authorised by applicable law and regulations, the User’s data may be communicated to third parties (such as other entities belonging to the same group of companies as Birdee, service providers or business partners to the extent necessary for the purposes referred to above) as well as to local supervisory or enforcement authorities in compliance with applicable laws. These data recipients may be located outside of the European Economic Area, in countries which may not provide for a similar level of protection for personal data as is available within the EEA. Birdee will implement appropriate organisational and technical safeguards to protect the personal data for which it acts as data controller at all times.
The User is reminded that (s)he authorises (and procures such authorization from its beneficial owner(s)) Birdee to transfer such data to third-party including the custodian bank, and service providers for KYC checks in order for Birdee to be able to perform its obligation under the Management Agreement.
It shall be noted that when downloading the app, the relevant application store will not act as a service provider (so-called processor) to Birdee, but will act as independent data controller. The User shall thus carefully read the privacy policy of such application store, which will govern the collection by the application store of User data. Birdee shall not be responsible for the processing of personal data by the application store.

4. User rights

The User and its beneficial owner(s) may access their personal data at reasonable intervals free of charge, and the User and its beneficial owner(s) may modify or request correction of his/her personal data, free of charge if necessary. These rights may be executed directly on the Application Site or by contacting Birdee via the Application Site.
The User and its beneficial owner(s) may object to the processing of data for marketing purposes at any time by contacting Birdee via the Chat.
The User confirms that it has informed the beneficial owners about the potential processing of their personal data by Birdee, as well as the existence of the beneficial owner’s rights to access and rectify their personal data in accordance with this clause 4.

5. Data retention

The data will be kept for the duration necessary for the achievement of the purposes referred above and in any case no longer than permitted by applicable law.

6. Cookies

Birdee may place cookies on the User’s computing devices which a User uses to access the Application Site for the following purposes:
• To identify a User who signs in to the Application Site and ensuring that the User sees the information relating to his/her assets.
• To keep track of User specified preferences.
• To conduct research and diagnostics to improve the Birdee’s content, products and services.
• To prevent fraudulent activity and improve security.
Should the user not wish to have cookies placed on his computing devices, he should adjust the browser settings accordingly. Most browsers will provide information on how to prevent the browser from accepting new cookies, how to be notified when a new cookie is placed and how to disable cookies altogether. Additionally, similar data used by browser add-ons, such as Flash cookies may be disabled or deleted, by changing the add-on’s settings or visiting the website of its manufacturer.

7. Amendment of the Privacy Policy

Birdee reserves the right to amend the Privacy Policy at any time by notifying the User. The amendments are deemed to be known by the User (which the User expressly acknowledges and accepts by accepting these terms of Use) if the User has not addressed a written objection to Birdee within thirty (30) calendar days of dispatch of the notification by Birdee regarding the amendments. If the User objects to the amendments, the User is entitled to terminate the Management Agreement with Birdee within the thirty (30) calendar days’ time frame above. In case the User objects to the amendments, either party may terminate the Privacy Policy and the Management Agreement in accordance with clause 18(3) of the Management Agreement.