FAH Privacy Policy.

Funding Affordable Homes SICAV SIF S.A. (the “Fund”) and Fuchs Asset Management S.A. (the “AIFM”) (together “we” or “us”) are committed to respecting and protecting your privacy.

This policy explains how we will use any personal data we collect from or about you, the rights you have relating to your personal data and the procedures we have in place to protect it.

Our privacy policy applies to any personal data that is collected buy the Fund and/or the AIFM and/or provided through the Fund’s website, namely https://www.fundingaffordablehomes.com (the “Website”).  It also applies to any personal data which we collect when you subscribe to an investment in the Fund and during our investor engagement process which we need to complete prior to that subscription and to any personal data which we may collect in order to manage your investment, provide related services, or as a result of any communications we have with you via telephone, email, or post.  We will be the joint controllers of that data and so we are required to provide you with the information set out in this policy.

Personal data provided to us will always be processed in compliance with the requirements of the EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR“) and with any applicable implementing legislation, and processing systems will be designed to ensure the highest level of protection for the personal data.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.  We trust this policy will answer any questions you have, but if not, please get in touch with us using the contact details provided at the end of this policy.

We may need to update this policy from time to time.  The current version of our privacy policy will always be available on our Website and you may also request it by contacting us directly by email, phone, fax, or post.  Updates to the privacy policy will also be notified via our Website, so we would encourage you to visit this and review from time to time.

Contents

This policy provides the following information:

  1. Ensuring the lawful use of your data
  2. What Information Do We Collect From You and How Do We Use It
    • Investor Engagement
    • Fraud and Anti-Money Laundering Checks
    • Investor Data
    • Additional Uses of Personal Data
  3. Cookies
  4. Automated Decision-Making
  5. Sharing Your Data
  6. Disclosures
  7. International Data Transfers
  8. How Long We Keep Your Personal Data
  9. Security of Your Personal Data
  10. Your Rights
  11. Right to Object
  12. How Can I Unsubscribe From Marketing Communications?
  13. Third Party Links
  14. Contact
  15. Ensuring the lawful use of your data

 

1. Ensuring the lawful use of your data

We will only use your personal data where we have a lawful basis to do so.

We will usually only use your data where it is necessary for us to perform our obligations under the subscription agreement which we enter into with you or other arrangements that we may have with you, or in a way which might reasonably be expected as part of running our businesses and which does not unduly impact your interests, rights or freedoms.  For example, we might use technical information about your visit to our Website to administer and improve the Website.

We may sometimes need to use your personal data to comply with our legal obligations (for example, to comply with our anti-money-laundering obligations).

In some cases we may ask for your consent to use your data, for example, where you sign-up to receive our marketing materials.

Further details of how we will use your personal information are provided below.  Please contact us using the details at the end of this policy if you would like further information about how we use your data.

2. What Information Do We Collect From You and How Do We Use It?

The information we collect about you and how we will use it, depends on how you interact with us, as set out below.

General Information

We may collect basic information about you in the course of our interactions.  It is not mandatory that you provide this information, but providing it helps us communicate with you.  Such information includes your name, company name, email address, and phone number.

Investor Engagement

As part of our investor engagement process, prior to your subscription for an investment in the Fund, it is mandatory that we collect the following information about you, your directors, officers, or other representatives:

  • Business name and address
  • Full name, gender, date of birth, citizenship and profession
  • Residential address (current and previous)
  • Employment status
  • Email address, telephone numbers and other contact details
  • Tax reference numbers, tax status
  • Bank details
  • ID documents, such as your passport or driving licence
  • An image or photo of you

We will use this information in order to complete our investor engagement process, onboarding, and suitability checks, and if you subscribe to an investment in the Fund, as set out in the “Investor Data” section below.  You will not be able to subscribe to an investment in the Fund without providing this information to us.

The legal basis for our use of this information is that it is in our legitimate interests to collect it in order to complete our investor engagement process and for the purposes of your subscription. Some of this information is also required to enable us to comply with our legal obligations as set out in the “Fraud and Anti-Money Laundering Checks” section below.

Fraud and Anti-Money Laundering Checks

As part of our investor engagement process, we will use the information you have provided to us to carry out “Know Your Customer” (“KYC”) checks, such identification verification checks, anti-money laundering checks and in some cases, credit checks, for the purposes of meeting our regulatory obligations, including under the anti-money laundering regulations and any other applicable legislation, crime prevention, fraud prevention and credit risk reduction.

This may involve sharing your personal data with fraud prevention and credit reference agencies, our administrators, lenders, and similar third parties related to specific investments that are also subject to regulatory obligations in their dealings with us.

We may repeat some or all of these checks at intervals whilst you remain an investor with us, for example, where required by a bank or other lender for the purposes of their KYC/anti-money laundering checks or to fulfil our regulatory obligations, such as where identity verification documents have expired.

When we process your personal data, we do so on the basis that we have a legitimate interest in preventing fraud and money laundering and to verify your identity and reduce credit risk, in order to protect our business and to comply with laws that apply to us. Where applicable, you are required to submit to these checks under the terms of your subscription agreement.

We may also enable law enforcement agencies to access and use your personal data, to detect, investigate and prevent crime.

If we determine that you pose a fraud or money laundering risk or a credit risk, you may not be able to subscribe to an investment with us and there may be other consequences as set out in the subscription agreements and other governing documentation.

A record of any credit, fraud, or money laundering risk will be retained by us and the relevant  fraud prevention/credit reference agencies and may result in others refusing to provide credit, services, financing, or employment to you.

Investor Data

If you subscribe to an investment in the Fund, we will use your personal data to manage your investments and to communicate with your investment (for example to send you periodic updates regarding the Fund and your holding in the Fund).  We may also use your personal data to perform analysis on your investment in the Fund, perform risk management functions, and generally to aid us in managing your investment in the Fund.

The legal basis for our use of this information is that it is in our legitimate interests to collect it in order to manage your investment in the Fund and to provide you with related services.

Additional Uses of Personal Information

We may also use the information we collect about you as set out below.

The personal data we collect from you

How we use it

Lawful Basis

Personal data needed to identify you such as your name, company name, and your contact details, such as your email address and telephone number.

To allow you to use the functions available on our Website, such as to enable you to log-into and to use our investor portal.

Legitimate business purposes

To send you email notifications and/or newsletters.

Where you consent/ legitimate business purposes

To deal with enquiries and complaints made by or about you.

Legitimate business purposes

Technical information about your computer and about your visits to our Website and documents viewed (including your IP address, geographical location, browser type, referral source, length of visit, number of page views, the links opened, the content accessed); social media views; and whether you have opened our emails and links selected.

To administer and improve our Website, to ensure it is presented in the most effective manner for you, to give you the best website experience and to better understand the products and services you may be interested in. This includes the use of Google Analytics and other similar tools to analyse the performance of our Website, including how many visitors we have, how long they stay on our Website and how many pages they visit.

Legitimate business purposes

For data analysis, testing, research and statistical purposes to help us to improve our products and services.

Legitimate business purposes

To keep our Website safe and secure.

Legitimate business purposes

To make suggestions and recommendations to you and other users of our Website about products or services that may interest you or them.

Legitimate business purposes

To measure or understand the effectiveness of marketing materials we serve to you and others, and to deliver relevant messaging to you.

Legitimate business purposes

You do not have to give us any of the personal data set out in the table above but, if you do not provide us with certain information, you may not be able to use all functions on our Website, and we may not be able to provide you with the products or services you have requested or deal properly with any enquiries or complaints raised by you.

3. Cookies

Our Website uses cookies to distinguish you from other users.  This helps us to provide you with a good experience when you browse our Website and allows us to improve it, and to help us to better understand what products and services may interest you.  For more information about the cookies we use and the purposes for which we use them, see our cookie policy at https://www.fundingaffordablehomes.com/cookie-policy/.

4. Automated decision making

We do not currently carry out automated decision-making using personal data we hold about you.

5. Sharing your data

If you subscribe to an investment in the Fund, we may need to provide personal information about you to banks, lenders, our fund administrator and sometimes to buyers and vendors of properties (or their agents) owned or to be owned by the Fund, for example to satisfy their KYC/anti-money laundering requirements.

We may also need to disclose your personal data to our agents, lawyers, accountants, auditors, tax and other advisers, for the purposes of our business.

We share your personal data with trusted third parties to allow us to provide our Website and our services to you and for analytics purposes.  This includes our Website host, IT support and maintenance providers, and our analytics providers, such as Google Analytics.

When we do share your data with these third parties we have written contracts in place with them that require them to only use your data for the purpose we specify to them and that your privacy is secure and respected.

6. Disclosures

In addition, we may also disclose personal information about you:

  1. to the extent that we are required to do so by law, such as to regulators such as the Commission de Surveillance du Secteur Financier, the Financial Conduct Authority, and to tax authorities
  2. in connection with any legal proceedings or prospective legal proceedings
  3. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk)
  4. to the purchaser (or prospective purchaser) or seller (or prospective seller) of any business or asset which we are (or are contemplating) selling or buying

7. International data transfer

Some of our service providers may be located (or may access your personal data from) outside the EEA, for example in the US or Canada.  When personal data is stored, accessed or sent outside the EEA, at least one of the following measures will be in place to safeguard your personal data:

Standard Contractual Clauses. See https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en;

EU/US Privacy Shield Certification. See www.privacyshield.gov; or

The recipient country has been deemed to provide adequate protection by the European Commission. See https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

Please access the above links for further information or contact us using the details provided at the end of this policy.

8. How long will we keep your personal data?

We will only keep your personal data for as long as we need to for the reason we collected it, as set out in this policy.  If you subscribe to an investment in the Fund, we will keep your personal data for as long as you remain an investor and we will retain the information we collected for KYC/anti-money laundering purposes for at least five years afterwards as required by law.

We may also keep hold of some of your personal data if we are required to do so for other legal purposes.

For further information about how long we keep your personal data, please contact us using the details provided at the end of this policy.

9. Security of your personal data

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. We will store all the personal information you provide on our secure password and firewall protected servers.

Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

10. Your Rights

You have the following rights in relation to the personal information we hold about you:

  • to request access to the personal data we hold about you (commonly known as a data subject access request) including a copy of it;
  • to request the completion or correction of the personal information that we hold about you if it is incomplete or inaccurate;
  • to request the deletion or removal of personal data we hold about you, for example, where there is no good reason for us continuing to process it or where you have exercised your right to object to processing (see Section 11 below);
  • to request for our processing of your personal information to be restricted in certain circumstances, for example if you want to establish its accuracy or the reason for processing it;
  • to obtain a copy of the personal information you’ve provided us with and to reuse it elsewhere or to ask us to transfer it to a third party of your choice; and
  • to withdraw any consent you have provided to our use of your personal data. Where you withdraw consent we will stop using your data for the specific purpose, unless we have an alternative legal basis to use it.

We may ask you for proof of your identity before dealing with your request, as a security measure to protect your data.

11. Right to Object

Where we are processing your personal data on the basis of our legitimate interests, you can ask us to stop processing it and we must do so unless we believe we have an overriding legitimate reason to continue processing your personal data or the processing is for the establishment, exercise or defence of legal claims.

If you are dissatisfied with how we have handled your personal data, you have the right to make a complaint to your data protection regulator (for example, the Commission Nationale pour la Protection des Données in Luxembourg) and we will work with them to resolve it.  We would, however, appreciate the chance to deal with your concerns before you approach the regulator, so please do contact us in the first instance.

12. How can I unsubscribe from marketing communications?

You may instruct us not to process your personal data for marketing purposes at any time by contacting us using the details provided at the end of this policy or you can opt out of our marketing emails by clicking on the “unsubscribe” link provided in each email.

13. Third party websites

Our Website contains links to other websites.  We are not responsible for the privacy policies or practices of third party websites.

14. Contact

If you have any questions about this privacy policy or our treatment of your personal data, you have a complaint or you would like to exercise any of your rights set out above, please  contact us at info@FundingAffordableHomes.com, by telephone  +352 (0)2785 1521, or by post to:

Funding Affordable Homes SICAV SIF S.A.

c/o Langham Hall Luxembourg

42-44 Avenue de la Gare

L-1610 Luxembourg

or

Fuchs Asset Management S.A.

49, boulevard Prince Henri

L-1724, Luxembourg

contact@fuchsgroup.com

This policy was last updated on 16 March 2021

FAH Privacy Policy
© 2024 Funding Affordable Homes. all rights reserved.
  |  
Web Design London and website maintenance by Webshape