| 1. |
INTRODUCTION
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| 1.1 |
Scope of Notice
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| 1.1.1 |
JAB Consumer Partners SCA SICAR (the “SICAR”), represented by its general partner JAB CONSUMER GP SÀRL (the “General Partner”) and JAB Consumer Fund Management Sàrl (the
“AIFM”) are committed to protecting the privacy of the SICAR’s Investors and of the other individuals whose personal information comes into their possession in the context of the
Investors’ investments in the SICAR, including in particular, but not limited to, the personal information provided by the Investors to the SICAR, the AIFM and their respective service
providers at the time of investing in the SICAR and on an ongoing basis/completing, through among others, the Commitment Agreement and/or the Application Form.
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| 1.1.2 |
Personal data provided to the SICAR and AIFM 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 (including the law of 1st August 2018
on the organisation of the National Data Protection Commission and the general data protection framework), and processing systems will be designed to ensure the highest level of
protection for the personal data.
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| 1.1.3 |
This data privacy notice (“Notice”) sets out how the SICAR and the AIFM will use (which term includes processing operations like recording, organising, structuring, storing, adapting,
altering, retrieving, consulting, using, disclosing, aligning, combining, restricting, erasing, destroying) (“process”) the Investors’ personal data.
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| 1.1.4 |
For the avoidance of doubt, personal data processed and covered by this Notice will include personal data of the Investors in the SICAR as well as personal data of other individuals
(including, but not limited to, directors, managers, agents and other representatives or employees of the Investors), whose personal data are provided by the Investors to the SICAR
and to the AIFM in the course of the Investors’ relationship with the SICAR and with the AIFM and which the SICAR and the AIFM will deal with in the course of operating the SICAR and
handling the Investors’ investments within it.
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| 1.1.5 |
Please read the information below carefully - it explains how and why personal data is processed by the SICAR and the AIFM, with whom it will be shared, and contains
information about the Investor’s rights in relation to his/her personal data.
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| 1.2 |
Definitions and Interpretation
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| 1.2.1 |
Unless otherwise stated in this Notice or if the context requires otherwise, capitalised terms used in this Notice shall have the meaning given to these terms in the Commitment
Agreement and latest Private Placement Memorandum of the SICAR.
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| 1.2.2 |
For the purpose of this Notice: |
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| • |
the terms “controller”, “personal data”, “data subject” and any other term expressly defined in article 4 of the GDPR shall have the meaning given to these terms in article 4 of the
GDPR;
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any reference to “you” and “your” shall be construed to include the SICAR’s Investors and any and all of the other individuals whose personal data comes into the possession of the
SICAR and of the AIFM in the context of the Investors’ investments in the SICAR, as further specified in Section 1.1.4 above;
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any reference to “we” and “us” shall refer to the SICAR and the AIFM.
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| 1.2.3 |
In relation with this Notice, unless the context otherwise requires, all references to the SICAR shall include a reference to each of its investment compartments, including the investment
compartments to be created in the future.
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| 2. |
IDENTITY OF THE CONTROLLER OF YOUR PERSONAL DATA
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| 2.1 |
The SICAR and the AIFM are independent data controllers for the personal data collected and processed in the context of your investment in the SICAR. In this capacity, the SICAR and
the AIFM are both responsible of your personal data.
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| 2.2 |
Your personal data will be processed by the SICAR, in its capacity as data controller for a certain number of purposes in the course of operating the SICAR such as, but not limited to,
collecting money from investors for investment purposes and returning money to Investors (e.g. dividends and other distributions), in accordance with the Luxembourg laws and
regulations, and the terms of the Private Placement Memorandum of the SICAR.
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| 2.3 |
Your Personal Data will also be processed by the AIFM, acting in its capacity as data controller, in its own right, in the context of the SICAR management, in order to perform the
functions assigned to it by law. Those functions include in particular the administration, the registrar and transfer agency function, the investment management, compliance, risk
management and distribution functions, in accordance with the Luxembourg laws and regulations and the terms of the articles and the Private Placement Memorandum of the SICAR.
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| 2.4 |
The purposes for which the SICAR and the AIFM process your personal data are further described in Section 7 below “Why we process personal data”.
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| 2.5 |
In certain circumstances, third party service providers to the SICAR and the AIFM (such as the Central Administration Agent, Domiciliation Agent, Depositary Bank and legal counsel)
may also act in a capacity as data controller if and when processing your personal data for the purposes of complying with their own legal and regulatory obligations or for their own
legitimate interest (in particular in the context of AML and KYC related processes). Information about processing activities of these third party service providers is available in principle
on their respective websites.
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| 3 |
WHAT PERSONAL DATA DO WE COLLECT
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The personal data that we collect and process in relation to your investment in the SICAR and/or in the course of operating the SICAR and the AIFM includes in particular, but is not limited to:
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Identification information (including, but not limited to, a person’s full name and given name, place and date of birth, marital status and/or family status, languages spoken,
nationality, citizenship, gender, social security, ID card or passport number, etc.);
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Contact information (address, telephone number, email address and/or other contact information);
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Financial information (including, but not limited to, tax status, country of residence, bank account details, financial standing personal wealth and sources of income, etc.);
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The identification information, functions and powers of your representative(s) and ultimate beneficial owner(s) (where applicable);
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Your authentication information (e.g. passwords, user ID);
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Your investment knowledge experience and objectives; and
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Your publicly available information, such as press coverage and/or information available on social media.
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| 4 |
WHERE WE OBTAIN PERSONAL DATA FROM
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| 4.1 |
We process personal data that you provide to us directly, and that we obtain from our dealings with you during the course of our relationship, including:
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when you provide it to us in the Commitment Agreement, and any other forms and any associated documentation (such as account opening and KYC forms) that you complete
when opening an investor account with the SICAR and subscribing for an investment in Ordinary Shares of the SICAR;
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when you provide it to us in correspondence and conversations;
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when you make transactions with respect to the SICAR, including in particular - but not limited to - the cases where you subscribe, redeem and convert Ordinary Shares in the SICAR
and/or instruct us where to transfer money to, among others, payments of dividends and redemption proceeds.
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| 4.2 |
We also collect and process personal data related to you that we receive from, among others, the main following sources:
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publicly available information on the internet;
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publicly available and accessible registries and sources;
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bankruptcy registers;
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tax authorities, including those that are based in and outside the EEA;
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governmental and competent regulatory authorities to which we have regulatory reporting obligations;
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credit agencies;
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data bases used for investigation and fraud prevention purposes, for crime detection, prevention, investigation and prosecution of any unlawful act;
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press coverage; and
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social media.
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| 5 |
DO YOU HAVE TO PROVIDE US WITH PERSONAL DATA?
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| 5.1 |
Where we collect personal data from you:
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You should assume that the provision of your personal data is necessary for our compliance with a legal, regulatory or contractual obligation, or for the proper operations of the
SICAR, the AIFM or their service providers; and
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If the provision of your personal data is purely voluntary, we will inform you accordingly and in this case there will be no implications for you if you do not wish to provide us with it.
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| 5.2 |
Some of the personal data we request is necessary for us to perform our contract with you and/or to comply with our legal or regulatory obligations and if you do not wish to provide
us with this personal data, it will affect our ability to provide our services to you, including but not limited to our ability to make payments from time to time of dividends and/or
redemption proceeds (if any).
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| 6. |
DO YOU HAVE TO INFORM YOUR REPRESENTATIVE(S) AND/OR BENEFICIAL OWNER(S)?
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| 6.1 |
In the event that you are not a natural person, you shall indeed inform your representative(s) (as well as your ultimate beneficial owner(s) and all individuals whose information you
provide to us in connection with our relationship with you) about the processing of their personal data for the purposes described below in Section 7 (as well as on their related rights,
see Section 11 below) and you shall, where necessary and appropriate, obtain in advance any consent that may be required for the processing of their personal data. You shall provide
these individuals with a copy of this Notice.
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| 6.2 |
We may assume that you have complied with the undertakings contained herein and that your representatives and ultimate beneficial owner(s) have, where necessary given such
consent and have been informed of the processing of their personal data for the purposes described in this Notice.
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| 7 |
WHY WE PROCESS PERSONAL DATA
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We may process your personal data for the purposes listed under Sections 7.1 to 7.4 below.
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| 7.1 |
Where necessary to perform our contract (and/or pre-contractual steps) with you
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In the context of our contract (and/or pre-contractual steps) with you, we are collecting and processing your personal data, among other things, in order to:
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administer and manage the setting-up of your investor account(s) to allow you to subscribe/purchase your holding (of Ordinary Shares) in the SICAR;
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administer and manage your holding (of Ordinary Shares) in the SICAR and any related accounts on an on-going basis, including without limitation through (i) the issuance of
Funding Notices and the associated payment instructions to allow you to meet your obligation pursuant to your Commitment Agreement to subscribe for Ordinary Shares in the
SICAR and pay other fees or amounts due as Investors in the SICAR, (ii) the processing of your redemption, conversion, transfer of Ordinary Shares in the SICAR, (iii) the instruction
of payments of dividends, redemption proceeds, and other distribution of Ordinary Shares to you, and (iv) the organisation and performance of any corporate actions in relation to
your holding (of Ordinary Shares) in the SICAR; • maintain the register of shareholders of the SICAR;
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organise the annual and other general meetings of the Shareholders of the SICAR as well as meetings of the Advisory Committee, and provide you where relevant with the necessary
invitations and materials in relation thereto;
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provide you with the relevant financial information and reports in relation to the SICAR and your investment in the SICAR (e.g. annual audited financial statements of the SICAR,
semi-annual unaudited financial statements of the SICAR, quarterly reports, capital account statements, investor specific tax reporting, Net Asset Value, investor presentations,
factsheets, etc.);
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otherwise communicate with you and provide you with appropriate notifications;
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handle and follow-up your complaints as Investors in the SICAR (where applicable); and
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meet in general all the resulting contractual obligations we have to you.
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| 7.2 |
Where necessary for compliance with an EEA or EEA Member state legal obligation to which we are subject
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We are required by law to collect and process your personal data, among other things, in order to:
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comply with our legal and regulatory obligations under the Luxembourg law of 12 July 2013 (as amended) relating to alternative investment fund managers, the Luxembourg law
of 15 June 2004 on the investment company in risk capital, as amended and all other laws, regulations, circulars and other binding rules and guidelines applicable to us as may be
issued from time to time by the European and Luxembourg relevant competent authorities, including the ESMA and the CSSF;
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comply with our legal obligations under the Luxembourg law of 10 August 1915 (as amended) on commercial companies and other legislations applicable to commercial companies
generally to the extent as applicable;
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comply with our legal and regulatory obligations under anti-money laundering legislation by carrying out verification, know your client (KYC) and anti-money laundering checks to
verify your identity, addresses, source of wealth and, if applicable your ultimate beneficial owner(s);
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comply with the CRS and FATCA legislations, and any applicable tax requirements;
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maintain the register of shareholders of the SICAR;
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organise the annual and other general meetings of the Shareholders of the SICAR as well as meetings of the Advisory Committee, and provide you where relevant with the necessary
invitations and materials in relation thereto;
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provide you with the relevant financial information and reports in relation to the SICAR and your investment in the SICAR (e.g. annual audited financial statements of the SICAR,
semi-annual unaudited financial statements of the SICAR, quarterly reports, capital account statements, investor specific tax reporting, Net Asset Value, investor presentations,
factsheets, etc.);
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ensure the calculation of the net asset value, valuation and pricing;
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file tax returns;
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handle and follow-up your complaints as Investors in the SICAR (where applicable);
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comply with accounting legal obligations;
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comply with an order of the courts, public prosecutor and/or legal, regulatory, tax and government authorities or professional supervisory body in various jurisdictions as required
by applicable law or regulation; and
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provide relevant information and reporting to the CSSF where we are under a legal obligation to do so.
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| 7.3 |
Where necessary for our legitimate interests or those of a third party to which we are transferring personal data
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| 7.3.1 |
We are collecting and processing your personal data for the purpose of our legitimate interests or those of a third party to which we are transferring your personal data, provided that
our legitimate interests (or those of the relevant third party) are not overridden by your legitimate interest, fundamental rights or freedoms.
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| 7.3.2 |
Our legitimate interests are:
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to disclose information to other data recipients such as service providers of the SICAR and the AIFM and their affiliates, auditors, regulatory authorities and technology providers;
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ensure the calculation of the net asset value, valuation and pricing, including tax returns;
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to comply with obligations or internal policy requirements of the SICAR and the AIFM;
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to inform you about our investment products and services;
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to monitor and improve our relationships with you and other investors;
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to send direct marketing communications to you related to similar products;
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to organise events;
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to keep our internal records;
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to protect our business against fraud, breach of confidence, theft of proprietary materials, and other financial or business crimes;
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to monitor communications to/from you using our systems; and
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to protect the security and integrity of our IT systems.
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| 7 |
Direct marketing:
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| 7.4.1 |
We process your personal data for direct marketing purposes:
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to provide you with information products and services that may be of interest to you in the context of the investment-related activities;
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when raising investments into any investment compartments of the SICAR; and
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in connection with future fundraising activities.
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| 7.4.2 |
Given the specific purposes for which the SICAR and the AIFM envisage processing your personal data, the SICAR and the AIFM do not anticipate obtaining your consent to do so. If we
were to rely on consent to process your personal data, we will contact you to obtain this consent. In case consent is relied upon to legitimate a data processing, you will have the right
to withdraw this consent at any time.
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| 8 |
WHO WE SHARE PERSONAL DATA WITH AND WHY
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| 8.1 |
In addition to the SICAR and the AIFM, your personal data will be shared with the following entities for the purpose of providing the services required by you and/or for complying with
these entities’ legal and regulatory obligations (including under company law and anti-money laundering legislation or foreign regulatory requirements):
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the Central Administration Agent, Registrar and Transfer Agent, Corporate Secretary and Domiciliation Agent, Depositary and Principal Paying Agent of the SICAR, as well as their
duly appointed delegates and subcontractors;
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the other service providers to the SICAR and the AIFM, including but not limited to legal and tax counsels, accountants, auditors, independent appraiser, notaries, banks, register or
transfer agents, other financial institutions and payment services providers, etc.;
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IT service providers to the SICAR and the AIFM, including but not limited to providers of datarooms, data storage, email management, and client relationship management solutions;
and
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the CSSF.
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| 8.2 |
For a current list of the SICAR’s principal service providers, please refer to the section “Directory” of the latest visa stamped Private Placement Memorandum of the SICAR.
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| 8.3 |
Your personal data may also be accessed by our technology/IT service providers when maintenance of/technical intervention on our IT tools/data bases is performed.
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| 8.4 |
The SICAR and the AIFM, as well as the above recipients may further disclose your personal data to their affiliates and other third party service providers in order to process these data
for the purposes mentioned in section 7 above and for internal investigations and reporting.
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| 8.5 |
In addition, your personal data will be shared, in exceptional circumstances, with the courts, public prosecutor and/or legal, regulatory, tax and government authorities or professional
supervisory body in various jurisdictions as required by applicable law or regulation (e.g. for the purposes of anti-money laundering, sanctions, terrorism financing, the prevention and
detection of crime as amended and the CRS and FATCA legislations).
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| 8.6 |
The SICAR and the AIFM will take all reasonable steps, as required by the GDPR, to ensure the safety, privacy and integrity of your personal data and will, as required by the GDPR enter
into contracts with such recipients to protect the privacy and integrity of your personal data supplied.
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| 9 |
TRANSFERS OF PERSONAL DATA OUTSIDE THE EEA
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| 9.1 |
In principle, the SICAR, the AIFM and the third-party providers listed in Section 8 above will not transfer your personal data outside the EEA. Certain service providers to the AIFM and
the SICAR are however located outside the EEA (including in the United Kingdom, the United States of America and Hong Kong) and might access personal data for maintenance/
technical support purposes.
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| 9.2 |
In case personal data would need to be transferred by the SICAR, the AIFM and the third-party providers listed in Section 8 above outside the EEA, they will ensure that your personal
data is protected by either:
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an adequacy decision of the European Commission,
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appropriate safeguards such as EU model contracts, binding corporate rules, approved code of conduct, approved certification mechanisms.
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| 9.3 |
Personal data that might be accessible from the United Kingdom, the United States of America and Hong Kong by certain service providers to the AIFM and the SICAR (as referred to in
section 9.1 above) are protected by appropriate safeguards. We have indeed adhered to Standard Contractual Clauses with those service providers.
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| 10 |
HOW LONG WE KEEP PERSONAL DATA
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| 10.1 |
In accordance with the GDPR principles and in particular article 5 of the GDPR (which lists the core principles relating to the processing of personal data), we do not keep your personal
data for longer than is necessary for the purposes for which they are processed by us.
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| 10.2 |
In principle, we will retain your personal data for a period of 10 years following the termination of your relationship with the SICAR and the AIFM.
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| 10.3 |
Frequently, however, there are legal and/or regulatory obligations, which require us to retain our business information and records (including personal data comprised within those) for
a specified period. These could include:
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tax laws;
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audit obligations;
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anti-financial crime law (money laundering, bribery and corruption, the facilitation of tax evasion); and
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other regulatory requirements relating to our investment business.
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| 10.4 |
Also, we may need to retain information and records for a certain period of time to protect our business, and defend ourselves against potential legal claims, or allegations of
wrongdoing.
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| 11 |
YOUR RIGHTS IN RESPECT OF YOUR PERSONAL DATA
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| 11.1 |
You have certain rights under the GDPR, including:
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| 11.1.1 |
The right to access your personal data, including the right to ask for a copy of your personal data where it does not adversely affect the rights and freedoms of others (please note that if
you request any further hard copies later on, we may charge you a reasonable fee based on administrative costs).
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| 11.1.2 |
The right to have incomplete or inaccurate personal data corrected (including by means of providing a supplementary statement).
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| 11.1.3 |
In some limited circumstances:
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the right to object to the use of your personal data (where processing is based on the SICAR’s legitimate interest);
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the right to restrict the use of your personal data;
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the right to require us to erase/delete your personal data; however, please note that if we process your personal data in particular to comply with a legal obligation (see Section 7.2
above), we will not be able to respond positively to your request to erase/delete your personal data; and
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the right to receive personal data which you have provided to us in a structured, commonly used and machine-readable format and the right to transmit those data to another data
controller; however, please note that this right to data portability only arises where: (a) the processing is based on consent or on a contract; and (b) the processing is carried out by
automated means, and (c) it does not adversely affect the rights and freedoms of others. This data portability right also only applies to the personal data that you have provided to
us.
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| 11.2 |
Such rights can be exercised by contacting the AIFM at the address and email detailed in section 14 below. We will respond to you as swiftly as possible within the deadlines set forth in
the GDPR.
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| 12. |
YOUR MARKETING PREFERENCES
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You have the right to object to our use of your personal data for direct marketing purposes at any time by contacting us at the address and email detailed in Section 14 below. If you no
longer wish to be contacted for marketing purposes, please contact at the address and email detailed in Section below. If you no longer wish to be contacted for marketing purposes,
please contact at the address and email detailed in Section below. If you no longer wish to be contacted for marketing purposes, please contact at the address and email detailed in
Section
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| 13. |
COMPLAINTS AND QUESTIONS TO DATA PROTECTION AUTHORITY
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| 13.1 |
You have the right to ask questions or lodge a complaint about our processing of your personal data with the relevant data protection authority. You can complain in the EEA Member
State where you live or work, or in the place where the alleged breach of the GDPR has taken place.
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| 13.2 |
In Luxembourg, the relevant data protection authority is the Commission Nationale pour la Protection des Données.
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| 14. |
HOW TO CONTACT US
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If you want more details on the processing of your personal data, if you have any specific queries or concerns regarding the processing of your personal data, if you want to exercise
your rights towards us or if you would like to make a complaint, do not hesitate to contact the AIFM´s legal team, by email at legal@jcfm.lu.
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| 15. |
AMENDMENTS TO THIS NOTICE
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| 15.1 |
This Notice is kept under regular review and may be updated from time to time and you will be notified in writing in case of any changes.
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| 15.2 |
This Notice was last updated in November 2021.
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