Personal data protection
As a Data Controller, AGRI3 Fund Manager B.V. (AGRI3) processes Personal Data in accordance with laws relating to the processing of Personal Data, including but not limited to Regulation 2016/679 of the European Parliament (April 27, 2016) (the General Data Protection Regulation, commonly referred to as the “GDPR”), which pertains to the protection of natural persons with regard to the processing of Personal Data and the free movement of such data.
AGRI3 monitors changes to legislation pertaining to the protection of Personal Data to make sure that it is in compliance and that it processes data lawfully, fairly, and in a transparent manner.
AGRI3 maintains a register of processing activities under its responsibility.
The purpose of this notice is to define the terms and conditions for the processing of Personal Data by AGRI3 via its website and as part of the services it provide.
In this notice we use a number of terms that have a specific meaning under applicable privacy rules (such as “Personal Data” or “Data Controller”). Page 2 of this notice contains an overview of these defined terms.
AGRI3 may change this notice from time to time by replacing it on AGRI3’s website.
Please do not hesitate to contact us in case you have any questions in relation to the processing of Personal Data by AGRI3:
|Regular mail:||AGRI3 Mauritskade 63 1092 AD Amsterdam Netherlands|
|Data Controller||The legal person, administrative body or any other entity which, alone or in conjunction with others, determines the purpose of and means for processing of Personal Data|
|Data Processor||The person or body which processes Personal Data on behalf of the Data Controller, without being subject to the Data Controller’s direct control|
|GDPR||The European General Data Protection Regulation, EU 2016/679. The GDPR is effective since 25 May 2018|
|Personal Data||Any information relating to an identified or identifiable natural person (e.g. a person whose identity can be established reasonably without disproportionate effort by means of name, address and date of birth). By way of example but not limitation, video and voice recording is also Personal Data if the video images or the voice recording is identifiable to a natural person. If financial data (such as bank statements) relate to an identifiable natural person, such information is considered Personal Data|
|Processing of Personal Data||Any operation or any set of operations concerning Personal Data, including in any case the collection, recording, organisation, storage, updating or modification, retrieval, consultation, use, dissemination by means of transmission, distribution or making available in any other form, merging, linking, as well as blocking, erasure or destruction of Personal Data|
|Special Categories of Personal Data||Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation|
- Data processing purposes
What is Personal Data?
Personal Data means any information relating to an identified or identifiable natural person, such as a name, address, email addresses and emails, video and voice recordings, or a copy of a passport but also financial data or copies of email and contracts, provided that such information relates to a natural person.
What legal basis do we have for processing your Personal Data?
AGRI3 is deemed the Data Controller. This means that AGRI3 determines how your Personal Data is being processed.
Personal Data shall be collected and processed for specific purposes and shall not be processed at a later date in a manner incompatible with those purposes, except in cases provided for by law. The data processed shall be relevant and limited to only what is necessary for the purposes for which it is being processed.
In addition, the use of your Personal Data will be justified on the basis of one or more of the legal “processing grounds” that are provided for in the GDPR.
We do our utmost to ensure that your Personal Data is only used in an appropriate way. Use of Personal Data under the GDPR must be justified under one or a number of legal “grounds” that are specified in the GDPR and we are required to set out the grounds in respect of each use in this notice.
The table set out below contains an explanation of the scope of the various legal processing grounds available under the GDPR for processing of Personal Data on which AGRI3 relies.
|Contract performance: where your Personal Data is necessary to enter into or perform our contract with you.|
|Legal obligation: where we need to use your Personal Data to comply with our legal obligations under EU law.|
|Legitimate interests: where we use your Personal Data to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.|
|Legal claims: where your Personal Data is necessary for us to defend, prosecute or make a claim against you, us or a third party.|
|Consent: where you have explicitly consented to our use of your Personal Data (you will have been presented with a consent form or equivalent in relation to any such use and may withdraw your consent at any time by giving notice to us).|
Generally, AGRI3 processes Personal Data on the basis that it is necessary to do so in connection with the performance of our contract with you and where our legal duties necessitate processing of your Personal Data.
We may also process Personal Data for our legitimate interests, such as to defend and prosecute legal claims and rights, and our other business interests. Where we do so we will mitigate any effect this may have on your privacy by appropriately minimising our use and putting in place adequate access and security safeguard to prevent unauthorised use.
- Data processed
Which Personal Data do we collect and process about you?
AGRI3 may need to process the following Personal Data:
- biographical information (including your first name and last name);
- contact information (including your address and email);
- Information regarding your use of our website (information and statistics that apply to your use of our website that we receive by using Google Analytics).
AGRI3 does not process data any Special Categories of Personal Data, nor does it process data related to criminal convictions and offenses.
Where do we collect your Personal Data from?
This data may be collected directly from you, or indirectly through one of our counterparties.
Why we collect your Personal Data and justification of uses
This section specifies the purpose for which AGRI3 uses the various categories of Personal Data it collects from you:
- To manage our relationship with you and provide our service and products to you ►to perform our obligations under the contract and otherwise manage our relationship with you.
- Use justification: contract performance, legal obligations and legitimate interests (to enable us to effectively manage our customers).
- For security purposes ► for providing IT support and security.
- Use justification: contract performance, legal obligations and legitimate interests (to enable us to ensure the security of our systems).
- To comply with our legal obligations and to cooperate with regulators ►we may process and disclose your Personal Data to (i) to comply with our legal obligations and (ii) cooperate with requests from regulators, including, but not limited to, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
- Use justification: legal obligations, legitimate interests (to enable us to cooperate with regulators).
- To defend our legal legitimate interest and to change our business structure ►we may process and disclose your Personal Data in connection with proceedings or investigations anywhere in the world to third parties, such as public authorities, law enforcement agencies, regulators and third party litigants (these third parties will process your Personal Data for their own purposes and not on our instructions). We may also provide your Personal Data to any potential acquirer of or investor in any part of AGRI3’s business for the purpose of that acquisition or investment.
- Use justification: contract performance, legal obligations, legitimate interests (to enable us to cooperate with law enforcement and regulatory authorities and to allow us to change our business).
A cookie is a small text file that is sent to a browser through the server of a website. The browser then stores the file on your device (e.g. your computer or mobile phone). Your device receives a unique code, through which our website is able to recognise your device.
- Functional cookies ►these cookies are necessary to enable the website to operate. Without these cookies, it is, for example, impossible to log into our website and
- Google Analytics ► we use Google Analytics to assess the quality and efficiency of our website. This enables us to assess how our website is being used and how the website can be improved. We have a data processing agreement in place with Google. Therefore, Google is unable to view the data collected through cookies and will not use this data for its own purposes. We do not use Google Analytics to create profiles of our users or otherwise track people.
- Retaining Personal Data
We primarily store your Personal Data on IT systems located in the Netherlands. Some of these IT systems are outsourced to third parties. We have also engaged IT service providers who are situated outside the European Economic Area, which means that your Personal Data may also be stored outside the Netherlands (please see below under “the sharing and transfer of data outside of the European Economic Area”). All IT service providers act as Data Processors on behalf of AGRI3.
- Retention period
Data shall not be kept for longer than is required in order to provide the service requested and shall not exceed the limits imposed by the legislation in force. When AGRI3 no longer needs your data, we will ensure that it is safely destroyed or anonymized in accordance with our internal policy.
Some data may be retained for an additional period of time so that we can manage claims and pre-litigation and/or litigation, so that we can meet our commercial, legal, and regulatory obligations, or so that we can respond to requests from authorized authorities.
- The sharing and transfer of data outside of the European Economic Area
We may share your Personal Data, either with our (sub)processors, or with regulatory organizations with whom we are legally obliged to share information. In the course of managing our commercial relations, we may disclose and/or transfer Personal Data to countries outside the European Economic Area. We will do this only in order to execute a contract which you have signed, to fulfill a legal obligation, to protect the public interest, or to defend AGRI3’s legitimate interests. Where we transfer your Personal Data outside of the European Economic Area, we will we will ensure that the transfer takes place in accordance with data protection legislation and that there will be an appropriate level of protection. In addition, we will implement legal safeguards governing such transfer, such as model contractual clauses, individuals’ consent, or other legal grounds permitted by applicable legal requirements. Certain countries outside the European Economic Area have been approved by the European Commission as providing essentially equivalent protections as European Economic Area data protection laws. EU data protection laws allow AGRI3 to freely transfer Personal Data to such countries. Please contact us if you would like to see a copy of the safeguards we apply in relation to the export of your Personal Data.
- Data security and privacy
AGRI3 shall take necessary and appropriate technical and organizational measures to ensure the data we collect is kept secure and confidential, that is, to ensure that only authorized associates tasked with processing data related to our services, will have access to your data and that their clearance is limited. These measures will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Data.
- Procedure in case of a data breach
AGRI3 shall inform the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) of any breach of Personal Data within at least 72 hours of having become aware of the breach. If a data breach is likely to pose a high risk to the rights and freedoms of a natural person, AGRI3 shall inform the person concerned as soon as possible.
- Your rights
Under the current legislation on data protection, you have the following rights:
- The right to access all of your Personal Data,
- The right to request that your data be updated, corrected, or deleted, subject to legitimate grounds,
- The right to oppose your data being processed for legitimate reasons, unless our reasons for undertaking that processing outweigh any prejudice to your individual privacy rights, as well as for prospecting without any justification,
- The right to request that your data be transferred, for data processing which is dependent on your consent or on the execution of a contract which has been, or will be, carried out,
- The right to ask that AGRI3 limit the processing of your Personal Data.
- The right to withdraw your consent at any time (for all data processing subject to your consent),
- The right to lodge a complaint with a competent supervisory authority, namely that of the country in the European Economic Area where your habitual residence or your workplace is situated, or where the alleged violation of the regulations occurred.
Please be aware that certain exceptions apply to the exercise of these rights and so you may not be able to exercise these in all situations:
You may exercise your rights at any time by contacting AGRI3.:
either by email at firstname.lastname@example.org
or by mail at the following address:
AGRI3 Fund Manager B.V.
1092 AD Amsterdam