KOIS’ Privacy policy

1. General

1.1 This is the privacy policy of KOIS S.A. with registered offices in Belgium at 41 rue de Livourne, 1050 Ixelles, registered in the Belgian Bank for Enterprises under number VAT 551 850 222 (“KOIS”)KOIS acts as the controller of your personal data, which it can obtain (i) directly from you, or (ii) indirectly through third parties such as your employer, your organization, on line and off line research, subcontractors, affiliated entities (which consists of (a) the controlling undertaking of KOIS, (b) the undertakings controlled by KOIS, (c) the entities that fall within the scope of article 11 of the Belgian Companies Code, (d) associations of which KOIS is a member), contracting parties.

1.2 KOIS is a European impact investment firm that offers innovative finance services and fund management services to private, public and philanthropic sector clients. KOIS operates in Belgium, France, the UK and India and oversees/manages projects and investments all over the world.

1.3 KOIS can at any moment modify this privacy policy. We advise to consult it regularly.

 

2. Legal Framework

2.1 This privacy policy is subject to privacy legislation, a.o.:

I. the Belgian Data Protection Act of 8th December 1992 on the protection of privacy in relation to the processing of personal data (as amended) (the “Privacy Act”); and/or

II. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”); and/or

III. All other applicable legislation regarding the protection of privacy and the processing of personal data;

(together or separately “Privacy Legislation”).

 

3. Purpose

3.1 KOIS can process personal data in accordance with the Privacy Legislation and this privacy policy, in order to:

I. achieve the purpose and exercise its activities, as described in article 1.2; and/or

II. provide direct marketing regarding its activities such as alerts on new documents and studies, updates, newsletters, info brochures, emails, marketing materials, invitations to events such as conferences, exhibitions, launches, seminars and workshops and other information that may be useful to you; and/ or

III. execute the contract(s) that have been concluded with you or with your employer or organization you are a member of; and/or

IV. better understand your needs and preferences in order to adjust its services hereto; and/or

V. acquire statistical data; and/or

VI. inform third parties (e.g. subcontractors, affiliated entities or contracting parties); and/or

VII. comply with applicable legislation.

(together or separately the “Purpose”).

 

4. Legal basis and applicability

4.1 KOIS has the following legal grounds for the processing of personal data:

I. the contract you have entered into with KOIS regarding one of its activities as set out in article 1.2; and/or

II. your free, specific, informed and unambiguous consent to KOIS, its partners (e.g. subcontractors, affiliated entities or contracting parties) to process your personal data. You can give your consent by any means, such as, but not limited to mail, email, an online or offline consent form or orally; and/or

III. a legal obligation; and/or

IV. a legitimate interest of KOIS.

4.2 Providing your personal data to KOIS and/or entering into a contract with KOIS, implies that you:

I. declare that you are fully informed about this privacy policy and that you fully accept this privacy policy without any reservation; and

II. give your free, specific, informed and unambiguous consent to KOIS to process or have processed your personal data in accordance with this privacy policy and the Privacy Legislation.

4.3 As a consequence, you expressly grant KOIS permission to use your personal data to accomplish the Purpose set out under article 3.

4.4 This privacy policy is not necessarily applicable to services, activities or products of third parties to which can be referred and which may apply a different privacy policy.

 

5. Personal data

5.1 The personal data KOIS can process are, amongst others, but not limited to: first name, name, email address, phone number, photo, birth date, gender, company, position, language.

5.2 By agreeing to this privacy policy, you guarantee that the personal data you have provided, are complete and correct.

5.3 By agreeing to this privacy policy, partners which provide personal data of third parties (e.g. their employees, their members, board members, staff, subcontractors, contracting parties) to KOIS guarantee that (i) these personal data have been lawfully obtained and (ii) that the partner is authorized to transfer these personal data to KOIS. The partners agree that they comply with the Privacy Legislation. The partners will indemnify KOIS against, hold KOIS harmless against and shall compensate KOIS for all claims that would result from non-compliance with the above mentioned guarantees and Privacy Legislation.

 

6. Transfer of personal data to third parties

6.1 KOIS guarantees that it does not transfer your personal data to third parties, unless:

I. there is a legal obligation to transfer the personal data;

II. to its partners (e.g. subcontractors and contracting parties for the achievement of the Purpose or its other  affiliated entities); or

III. KOIS has a legitimate interest to do so.

6.2 KOIS will not sell personal data to third parties.

6.3 Third parties to whom KOIS may, or is obliged to, transfer personal data on the basis of the above categories, can be located within or outside the European Union. The personal data may thus be transferred to companies or authorities of non-EU countries. KOIS cannot be held responsible regarding such transfer of personal data and cannot be liable for the further processing of the personal data by third parties.

 

7. Storage period

7.1 KOIS stores the personal data for as long as is necessary to achieve the Purpose.

 

8. Your rights

8.1 The Privacy Legislation provides you with a number of rights in relation to your personal data. You have the right, free of charge:

I. to have access to and receive a copy of your personal data;

II. to have your personal data corrected in case errors occur;

III. to have your personal data erased in case:

A. your personal data are no longer necessary to achieve the Purpose;

B. you withdraw your consent and there is no other legal ground for the processing of the personal data;

C. you object to the processing of the personal data and there is no other legal ground for the processing of the personal data;

D. the personal data have been unlawfully processed;

E. there is a legal obligation to erase the personal data;

IV. to have the processing of your personal data restricted;

V. to have your personal data transferred to a third party;

VI. to object against the processing of your personal data, in particular the processing in light of direct marketing purposes;

VII. to withdraw your consent pursuant to which KOIS is allowed to process your personal data;

VIII. to lodge a complaint with the Commission for the Protection of Privacy (“Privacy Commission”) if you are of the opinion that the processing of your personal data breaches the Privacy Legislation.

8.2 In case you want to exercise the above rights, and provided you prove your identity, you can send a written, dated and signed request by ordinary mail to KOIS, 41 rue de Livourne, 1050 Ixelles, Belgium or by email to info@koisinvest.com.

8.3 By agreeing to this privacy policy, partners that provide personal data of third parties (e.g. their employees, their members, board members, staff, subcontractors, contracting parties) guarantee that they will inform the aforementioned data subjects regarding the above mentioned rights and how to exercise these rights.

 

9. Security

9.1 KOIS commits to take (or have) all reasonable measures (taken) to its best ability to safeguard the protection of the personal data through technical safety measures and an appropriate safety policy for its employees. The personal data are stored by KOIS, or, if applicable, by the processor of the personal data. You acknowledge and accept that the transfer and storage of personal data is never without risk and consequently, KOIS cannot be held liable for the damages that you may suffer from the unlawful use of your personal data by third parties.

10. Liability

10.1 KOIS can solely be held liable for damages which directly result from the processing of your personal data due to a fault or negligence of KOIS. In any event, KOIS cannot be held liable: (i) in circumstances of force majeure and/or (ii) for any indirect or consequential damages and/or (iii) for damages that result from errors, faults or negligence by you or third parties. The total amount of KOIS’s liability for breaches of this privacy policy and/or Privacy Legislation cannot exceed 1,000 euro (one thousand euro).

 

11. Severability

11.1 If any provision in this privacy policy is deemed to be unlawful or unenforceable, such provision shall be amended by KOIS and yourself insofar as necessary in order to make it lawful or enforceable, while retaining the original meaning of that provision as much as possible.

11.2 Whenever possible, the provisions of this privacy policy shall be interpreted in such a manner as to be valid and enforceable under the applicable law. However, if one or more provisions of this privacy policy are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this privacy policy shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein.

 

12. Applicable law and competent court

12.1 You agree that all disputes between you and KOIS regarding personal data and privacy issues, are exclusively subject to Belgian law, excluding any conflict of law principles.

12.2 Every dispute regarding personal data and privacy issues should be submitted to the exclusive jurisdiction of the French speaking courts of Brussels, Belgium, excluding any other court.