CO-WORKERS AND FELLOWS
This privacy notice (the Privacy Notice) informs you about the processing of your personal data (i.e. data by which you may be directly or indirectly identified) as well as of your rights in accordance with the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (the GDPR), related guidance and national laws complementing the GDPR (together the Data Protection Legislation) and applies to you if you are an individual related to a co-worker or a fellow (such as legal representative, contact person, director, employee or intern) (the Co-worker, the Fellow or you).
1. WHO IS THE DATA CONTROLLER AND WHO TO CONTACT?
You are hereby informed and acknowledge that your personal data may be collected and processed (i.e. used, stored, transmitted, etc.) by:
Fondation LHoFT, a Luxembourg “foundation”, having its registered address at 9, rue du Laboratoire, L-1911 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Register of Commerce and Companies under the registration number G239, hereby represented by by Nasir Zubairi (the LHoFT, we or us)
in accordance with the provisions of this Privacy Notice and the Data Protection Legislation.
We act as data controller when processing your Personal Data (as defined below).
If you have any questions or comments or want to exercise your rights detailed above, you may contact us by post at our registered address indicated above or by e-mail using the following address email@example.com.
2. WHAT PERSONAL DATA IS PROCESSED?
The following categories of personal data (the Personal Data) will be processed:
- contact information such as first name, address, email address and telephone number;
- personal characteristics including date of birth, gender, nationality;
- government issued identifiers such as passport, identification card, tax identification number, national insurance number;
- tax domicile and other tax related information;
- the function and powers of representation;
- information obtained through access badges (except for fellows);
- Electronic identifying data such as IP addresses, cookies, logs, device identifiers, online identifiers to the LHoFT platform.
We collect these Personal Data in a variety of ways, including from you directly or from third parties.
3. FOR WHAT PURPOSES IS PERSONAL DATA BEING PROCESSED ?
We process Personal Data about you for the following reasons.
(a) For compliance with legal and regulatory obligations
We process Personal Data to comply with legal and/or regulatory obligations such as accounting obligations, tax obligations, to comply with requests from Luxembourg regulatory, government and/or judicial authorities.
(b) For the purposes of our legitimate interests
- We process Personal Data for risk management and fraud prevention purposes, to manage litigation, in case of a business reorganization, transfer, disposal, merger or acquisition. We may disclose your Personal Data to service providers for the purpose of effecting the processing on our behalf. We will use such information to the extent required for the exercise or defence of legal claims or for the protection of rights of another natural or legal person;
- We also process Personal Data relating to you in our and/or the Co-worker’s and/or the Fellow’s legitimate interest for the purpose of the provision of our services including the provision of office spaces (private office, fixed desk or hot desk) if you are a Co-worker and other services and benefits as further described in the co-worker agreement, the fellow agreement and the membership details form, for internal audit validations, communications and more generally for the performance, management and administration of the services in accordance with the instructions of the Co-worker and/or the Fellow.
(c) With your consent
This includes the use and further processing of your Personal Data with your explicit consent thereto (which consent may be withdrawn at any time, without affecting the lawfulness of processing based on consent before its withdrawal), e.g. for the purpose of receiving marketing materials (e.g. about products and services of our service providers or commercial partners), information about promotional offers or recommendations about services.
4. DO I HAVE THE OBLIGATION TO PROVIDE THE DATA?
The Personal Data that is required for the performance of the contract with the Co-worker and/or the Fellow and that is required for the LHoFT to comply with its legal obligations is mandatory information.
Without the provision of this Personal Data, the entering into or continuance of the execution of the contract with the Co-worker and/or the Fellow may not be possible.
5. WITH WHOM MAY PERSONAL DATA BE SHARED?
We may disclose your Personal Data to the following recipients:
- the respective shareholders, agents, employees, consultants, representatives of the LHoFT on a need to know basis;
- our affiliates, as the case may be;
- any of our professional advisors (auditor, tax and legal advisors) including their respective advisers, auditors, delegates, agents and service providers;
- services providers (e.g. such as IT suppliers, software providers) that process Personal Data on our instructions;
- our partners, collaborators and sponsors;
- visitors of the LHoFT website;
- parties involved in the context of a company restructuring, transfer, divestiture, fusion or acquisition;
- government, judicial, social security and supervisory authorities (including the CNPD, tax authorities, etc.).
6. WHERE IS PERSONAL DATA TRANSFERRED TO?
For the purposes listed above, your Personal Data may be transferred to any of the aforementioned recipients in any jurisdiction.
Transfers of such data shall be made to countries located in or outside of the European Economic Area (the “EEA”). Certain countries in which recipients and data processors may be located and to which Personal Data may be transferred may not have the same level of protection of Personal Data as the one afforded in the EEA.
Personal Data transferred to countries outside of the EEA will be protected by appropriate safeguards such as standard contractual clauses approved by the European Commission and you may obtain a copy of such safeguards by contacting us using the contact details set out in section 1 above.
In particular, Personal Data may be transferred to the following countries: United States of America.
7. FOR HOW LONG IS PERSONAL DATA RETAINED?
We will retain your Personal Data for ten (10) years after the end of our relationship with you. Personal Data processed for accounting purposes the closing of the end of the financial year to which they relate.
Notwithstanding the above, Personal Data may be kept for any longer period as may be imposed or permitted by law, in consideration of the purposes for which they have been collected and the legal limitation periods (including for litigation purposes).
If any relevant legal claims are brought, the LHoFT may continue to process the Personal Data for such additional periods as necessary in connection with such claims.
8. TO WHAT EXTEND DO WE USE AUTOMATED DECISION-MAKING OR PROFILING?
In general, we do not use automated individual decision-making or profiling in the course of the relationship with you. If we should rely on such processing in a particular situation, we will inform you separately, insofar we are legally required to do so.
9. YOUR RIGHTS
9.1 Right to access
You may request to obtain at no costs, within reasonable intervals, and in a timely manner, the communication of your Personal Data being processed, as well as all information on the origin of those data.
9.2 Right to rectification
You also have the right to rectify your Personal Data held about you that is inaccurate.
9.3 Right to restrict processing
In cases where the accuracy of the Personal Data is contested, the processing is unlawful, or where you have objected to the processing of your Personal Data, you may ask for the restriction of the processing of such Personal Data. This means that Personal Data will, with the exception of storage, only be processed with or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of an EU Member State. In case a processing is restricted, you will be informed before the restriction of processing is lifted.
9.4 Right to erasure
You may request the deletion of Personal Data held about you, without undue delay when the use or other processing of such Personal Data is no longer necessary for the purposes described above, and notably when consent relating to a specific processing has been withdrawn or where the processing is not or no longer lawful for other reasons.
9.5 Right to object
You may object to processing of your Personal Data which is based on the legitimate interests pursued by us or by a third party. In such a case we will no longer process your Personal Data unless we have compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Your right to object is not bound to any formalities.
9.6 Right to withdraw consent
You have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. The withdrawal only affects future processing.
9.7 Right to data portability
Where the processing of your data is based on consent or the execution of a contract with you, you also have the right to data portability for information you provided to us – this means that you can obtain a copy of your data in a commonly use electronic format so that you can manage and transmit it to another data controller.
9.8 Right to lodge a complaint
In the event that you wish to make a complaint about how we process your Personal Data, please contact us in the first instance at contact details indicated above and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to file a complaint with the Luxembourg data protection authority, the Commission nationale pour la protection des données, or another European data protection authority (e.g. in your country of residence), in the event you have concerns on the processing of your Personal Data.
10. AMENDMENT OF THIS PRIVACY NOTICEmendment of this Privacy Notice
We may amend this Privacy Notice from time to time to ensure that you are fully informed about all processing activities and our compliance with applicable Data Protection Legislation.
Changes to this Privacy Notice will be brought to your knowledge by appropriate means.
Updated as of July 2019