Legal Information
Governance Tailor S.à.r.l.-S 32-36, boulevard d’Avranches L-1160 Luxembourg Grand Duchy of Luxembourg moritz.von.kunow@governancetailor.lu Luxembourg RCS Number: B269857 VAT Number: LU34194608
Terms of Use
Governance Tailor SARL-S (“GT”) issues the content of this website. By accessing the website, the user acknowledges acceptance of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, refrain from using the website. These Terms of Use and the information and materials contained in GT’s Website are subject to change from time to time without notice. The information on this website is based on publicly available and GT sources. It does not constitute an offer or solicitation of services of any kind. Unless otherwise indicated, all opinions, analyses, and estimates shown on this website are entirely those of GT at the time. No liability is assumed for any loss arising from the use of this website or its contents or otherwise arising in connection therewith. The information on this website must not be used for any illicit activity aiming at violating the laws and regulations in the Grand Duchy of Luxembourg and any other jurisdiction. These terms of use shall be construed by the laws of the Grand Duchy of Luxembourg, and the courts of the city of Luxembourg shall have exclusive competence for any dispute related to such terms of use and the contents of the website. All queries regarding the content of this website are to be directed to the Webmaster of Governance Tailor SARL-S at moritz.von.kunow@governancetailor.lu or the postal address of GT. This website may contain links to other third-party websites, for which GT does not accept responsibility for the information provided therein. The website user is reminded that the confidentiality of e-mail messages sent via the public network cannot be guaranteed. GT shall neither be responsible nor liable for losses or damages incurred by any disappearance, transformation or delayed delivery of such a message. Please also read the Privacy Notice of this website containing more information on data protection. GT retains all rights, titles and interest (including copyrights, trademarks, patents, and any other intellectual property or other rights) in all information and content (including all text, data, graphics, and logos) on this website. Individual pages and/or sections of the website may be printed for personal or internal use only and provided that such printouts retain all applicable copyright or other proprietary notices. Users must not, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way for commercial or public purposes in whole or in part any content obtained from this website without the prior written consent of GT. In addition, systematic retrieval of content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to this website without written permission from GT is prohibited. Privacy Notice
1. Context and introduction
This Privacy Notice has been prepared to protect individual rights and fulfil the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data (the “GDPR”) and national legislative interpretation of Luxembourg, as in force. Unless stated otherwise, terms are used as defined in the GDPR and expressed in capital letters. Governance Taylor SARL-S (“GT”) is the Data Controller of the Personal Data of any Data Subjects with whom it deals in the daily performance of his duties and delivery of services, as further described herein. GT is committed to performing its duties hereunder and holding the Personal Data in confidence in strict compliance with the provisions of this Privacy Notice, internal procedure, GDPR and Luxembourg law. Personal Data provided to GT in any form, will be processed in line with these rules. By using this Website or providing Personal Data in any other format, the Data Subject acknowledges that it has reviewed and agreed to the terms of this Privacy Notice. Accordingly, a Data Subject should not use the Website and cease all provision of Personal Data if the Data Subject disagrees with the terms of this Privacy Notice.
2. Identity and contact details of the Data Controller and the Supervisory Authority
Data Controller: Governance Tailor SARL-S Att. Mr Moritz von Kunow 32-36, boulevard d’Avranches L-1160 Luxembourg Grand Duchy of Luxembourg Email: moritz.von.kunow@governancetailor.lu Supervisory Authority: Commission Nationale pour la Protection des Données Service des plaints 15, Boulevard du Jazz L-4370 Belvaux www.cnpd.lu
3. Categories of Personal Data concerned
GT may collect and process the following Personal Data from a Data Subject for one or several purposes outlined in section 4 below: 3.1 Identification documents, such as but not limited to copies of passport, ID cards, and driving licenses; 3.2 Contact details, e.g. name, address, telephone number, and email address; 3.3 Curriculum vitae, e.g. education, training, qualifications, professions; 3.4 Personal characteristics, e.g. age, gender, nationality, marital status, date and place of birth; 3.5 Evidence of tax residency; 3.6 Extract criminal record; 3.7 Bank references incl. financial information. In addition, GT may collect Personal information provided by you directly while communicating with GT or its representative(s) or through online or offline community activities, such as social platforms, emails, when you access or browse the Website, etc. and including personally identifiable information such as name, profession and contact information (phone, fax, address, and e-mail address).
4. Purpose of the Processing and legal basis of the Processing
GT will use Personal Data for the following purposes with the relevant associated legal basis: 4.1 Compliance with a legal obligations: 4.1.1 Ensuring compliance with anti-money laundering/combatting the financing of terrorism legislation, including, but not limited to the amended law of 12 November 2004 on the fight against money laundering and terrorist financing; 4.1.2 Ensuring compliance with tax obligations in Luxembourg; 4.1.3 Investigating and resolving complaints and managing contentious regulatory matters, investigations and litigation; 4.2 Performance of a contract with a Data Subject or any organisation or entity which is represented by such Data Subject: 4.2.1 Fulfilling the obligations of GT under any agreement entered into with a Data Subject; 4.2.2 Fulfilling GT’s obligations under any agreement between a Data Subject and a third party. 4.3 Marketing by GT: 4.3.1 Developing and managing a business relationship with a Data Subject or any organisation or entity which is represented by such Data Subject; 4.3.2 Providing customised and personalised information to a Data Subject about services and solutions proposed by GT; 4.3.3 Invitations and organisation of events and other professional activities. 4.4 Consent of the Data Subject: GT may use Personal Data for any other purpose expressly agreed on by the Data Subject, provided that such consent may be withdrawn at any time by the Data Subject, without affecting any Processing performed by GT before such withdrawal. 4.5 GT’s legitimate interest: GT’s legitimate interest results from GT’s activities, consisting of the provision of independent directorship services and economic advice (conseil économique) as well as various commercial activities such as: 4.6 Managing and administering the relationship between GT and a Data Subject; 4.6.1 Maintaining a client relationship management database for communication and promoting services offered by GT to Data Subjects; 4.6.2 Monitoring and recording correspondence, telephone calls and emails under GT’s IT set-up.
5. Recipients of Personal Data
GT may share Personal Data with the following Recipients: 5.1 Any service providers of GT and any service providers of the Data Subjects; 5.2 Any lawyers, accountants, consultants, or other professionals whom GT may consult to obtain advice or assistance for the performance of its duties to a Data Subject or any organization or entity which is represented by such Data Subject; 5.3 The CSSF or other governmental or supervisory authorities, tax authorities, law enforcement agencies, judicial authorities, self-regulatory or industry bodies to allow GT to comply with any local, foreign or supranational law, regulation, directive, guidance injunction or request for disclosure or another form of obligation, advice, recommendation binding or applying to GT; 5.4 Any actual or proposed assignee of GT or participant or sub-participant or transferee of GT’s rights in respect of Data Subject or any organization or entity which is represented by such Data Subject; 5.5 Any party in respect of which such disclosure is requested and/or consented to by the Data Subject or any organisation or entity represented by such Data Subject. 5.6 This Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the Website analyse how users use the site. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your website use, compiling reports on Website activity for website operators and providing other services relating to website activity and internet usage. 5.7 Google may also transfer this information to third parties where required to do so by law or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this Website. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
6. Transfer of Personal Data to Third Countries
GT may transfer Personal Data to recipients outside the European Economic Area (“EEA”) or International Organisations. When sharing the Personal Data of a Data Subject with Recipients that are located outside the European Economic Area (EEA), Personal Data of a Data Subject will only be transferred on one of the following bases: 6.1 The transfer is to a recipient in a country or territory approved by the European Commission as providing an adequate level of protection for personal data; 6.2 The transfer is to a Recipient that has entered into European Commission standard contractual clauses with GT; 6.3 The Data Subject has explicitly consented to the transfer of Personal Data. In this regard, and as detailed above, GT will, from time to time, need to pass specific identity-related data (including the name, title, gender, nationality and date of birth, and copies of passport, driver’s license, tax ID, social security number, and/or government-issued identification document of a Data Subject) to supervisory authorities or service providers of GT located outside of the EEA for the purposes of (1) “know your client”, (2) controls related to anti-money laundering/combatting the financing of terrorism or (3) for the receipt and maintenance of any regulatory licenses granted to GT.
7. Period for which the Personal Data of the Data Subject is stored
GT will store the Personal Data of the Data Subject in line with applicable legal and regulatory requirements in Luxembourg.
8. Rights of information and access to Personal Data by a Data Subject under the GDPR
A Data Subject has the following principal rights under GDPR: 8.1 To obtain confirmation from GT as to whether or not GT is processing Personal Data concerning the Data Subject; 8.2 As the case may be, to get access to, and copies of, the Personal Data GT holds about the Data Subject; 8.3 To get the following information: 8.3.1 The purposes of the Processing of Personal Data and the categories of Personal Data concerned; 8.3.2 The recipients or categories of recipients of Personal Data to whom Personal Data has been or will be disclosed, in particular, if such Recipients are located outside the European Economic Area (“EEA”) or to International Organisations; 8.3.3 Insofar as possible, the envisaged period for which Personal Data will be stored, or, if not possible, the criteria used by GT to determine such period; 8.4 To require GT to rectify or erase Personal Data; 8.5 To request a restriction of the Processing of Personal Data or to object to such Processing; 8.6 To obtain the Personal Data concerning the Data Subject, which the Data Subject provided, in a structured, commonly used, and machine-readable format that can be transmitted to another Data Controller in certain circumstances; 8.7 To complain to the Supervisory Authority is indicated in section 2.
9. Disclosure of Personal Data
Before disclosing any Personal Data relating to its employees, contractors and other individuals, GT shall (1) ensure that those natural persons are duly notified and made aware of GT’s obligations under the GDPR and (2) undertake and represent those natural persons’
10. Miscellaneous
10.1 This Privacy Notice shall be deemed an integral part of all contracts, agreements, facility offer letters, account mandates, and other binding arrangements that Data Subjects or any organisation or entity represented by such Data Subjects have entered into or intend to enter into with GT; 10.2 This Privacy Notice may be updated from time to time to reflect changes and/or developments in data protection and banking secrecy laws, regulations, guidelines, codes and industry practices in Luxembourg; 10.3 The list of the above rights is not absolute, and requests may be refused where exceptions apply.
