Clause 1 - What personal data are processed?

Delubac Asset Management ensures that it collects only personal data that is strictly necessary for the purpose for which it is processed.

Personal data is primarily obtained directly from you (telephone, post or email, or online). However, Delubac Asset Management may be required to send data to third parties, such as its supervisory authority: the AMF (French Financial Markets Authority)

The various categories of personal data that Delubac Asset Management ordinarily processes in connection with its asset management activities and in accordance with its legal obligations include the following:

Identification and contact data: first name, last name, place and date of birth, identity card and/or passport number, postal and e-mail address, telephone number and any necessary information to subscribe to a product or service or for KYC screening;

Data concerning your family situation: matrimonial property regime, composition of the household, marital status, etc.;

Data concerning your business and tax situation: employment, remuneration, country of tax residence, tax identification number, etc.;

Banking and financial data: outstanding loans, valuation of real estate or other assets, particularly financial assets, knowledge of financial products, investment objectives, bank details, data relating to operations and transactions (transfers, payments, bank card numbers, withdrawals and deposits, etc.);

Identification and authentication data relating to the use of services: login history to Delubac Asset Management’s website, IP address, cookies, etc.;

Data from your exchanges with Delubac Asset Management: telephone calls, emails, stock market orders (receipt and transmission of orders);

Data required to comply with the laws in force.

Clause 2 - For what purposes are your personal data used?

The purpose of processing operations is defined as the objective pursued, i.e. the need it meets for Delubac Asset Management. Processing operations are carried out for an explicit, legitimate and specific purpose based on the proposal, establishment or performance of a contract, compliance with a legal or regulatory obligation, sales prospecting or the protection of property and persons.

When proposing, establishing and performing a product or service to:

Learn about and analyse your wishes to subscribe to products and services offered by Delubac Asset Management (requests from prospects or existing customers);

Advise and assist you during the subscription process;

Provide you with the products subscribed;

Manage your products and services and process your requests in connection with their use;

Update KYC information in light of the products and services subscribed;

Monitor your exchanges with Delubac Asset Management (in particular by recording certain telephone conversations, subject to prior notice);

Comply with the legal and regulatory obligations incumbent on Delubac Asset Management:

Preventing money laundering and the financing of terrorism, preventing fraud, managing operational risk, determining clients’ tax status, FATCA, etc.;

Exercising your rights;

Responding to requests from any competent authority (supervisory authorities, such as the AMF, courts or any other authorised public authority).

For the purposes of sales prospecting and carrying out commercial events and advertising campaigns, in particular:

Marketing operations;

Analysing the use of products and services with a view to improving the products and services marketed by Delubac Asset Management.

To protect property and persons:

When establishing or performing partnership agreements and service agreements (general terms and conditions of service, subcontractors, service providers, etc.):

Ensuring that the supporting documents and technical information required comply with Delubac Asset Management’s internal regulations and procedures;

Contributing to the proper functioning of the partnership/service.

Clause 3 - Who are the recipients of your personal data?

The Client is informed that personal information about them may be sent to the following recipients:

Any entity of the Banque Delubac & Cie Group, for sales prospecting purposes, for entering into other contracts or in the event resources are pooled or business groupings are formed. The list of entities of the Banque Delubac & Cie Group that may receive information about you may be provided to you on request;

Delubac Asset Management’s subcontractors or partners involved in managing the financial products or services it offers, solely for the purposes of the work relating to these activities;

Solvency verification or fraud prevention bodies for the purpose of verifying your identity with regard to the data collected;

Authorised administrative, supervisory and judicial authorities (supervisory authorities such as the ACPR or the AMF, competent courts, etc.);

Any recipient who requests data necessary to identify and contact you if the purpose of such data transmission is to safeguard your vital interests or those of another natural person and within the limit of the data strictly necessary to achieve this purpose.

Your personal data will not be transferred for purposes other than those described above, unless you expressly provide your consent, which you may withdraw at any time.

Clause 4 - What security measures guarantee your personal data is protected?

Delubac Asset Management implements organisational, technical and physical security measures to protect your data in order to protect its integrity, confidentiality, availability and resilience. Delubac Asset Management endeavours to protect personal data by taking into account their sensitivity and the purpose for which they are processed.

Your data is stored in information systems that meet high security criteria and that are accessible only to authorised persons. Moreover, Delubac Asset Management ensures that all its employees and all persons involved in processing data on its behalf (in particular, its processors) comply with the protective and confidentiality measures applicable to the data processed, in compliance with the laws in force and the requirements thereof.

Clause 5 - For how long is your personal data kept?

Your personal data are kept for the period necessary for the purpose for which they are processed, in accordance with the requirements and limits laid down by the laws in force. At the end of the retention period, the relevant personal data are deleted.

As an exception, your personal data may be archived to manage claims and disputes in progress, as well as to respond to the authorities authorised to make a request therefor.

In addition, certain personal data may be stored and anonymised for statistical analysis purposes.

The main retention periods for personal data are as follows:

From the end of the business relationship: your personal data may be stored for a period of five years (unless there is a specific law stipulating a particular period - for example, six years for investment services);

In the case of an inheritance: the personal data are stored for a period of ten years from the closure of the file;

Accounting information: these data are stored for a period of ten years, in accordance with the provisions of Article L.123-22 of the French Commercial Code;

Recordings of telephone conversations: the data are retained for a period of six years from the date of the recording;

Recordings of video protection images: the data are retained for a period of 30 days.

Clause 6 - How are your data processed outside the European Union?

The processing operations described above may involve transfers of personal data to countries outside the European Union, whose personal data protection legislation differs from that of the European Union (e.g. in the case of subcontractors or partners established outside the European Union).

In such case, Delubac Asset Management will take the necessary steps with its subcontractors and partners to ensure an appropriate level of data protection that complies with the laws in force at the time of transfer. For this purpose, Delubac Asset Management will take all appropriate contractual, technical, organisational and physical measures to ensure the security of your personal data.

Your data may also be disclosed to official bodies and authorised administrative and judicial authorities in the relevant countries, in particular in connection with measures to prevent money laundering, terrorist financing, fraud and for tax status determination purposes.

Clause 7 - What are your rights and how can you exercise them?

In accordance with the laws in force, you have the right to access, correct and erase your data, to restrict processing and to data portability. These rights may be exercised in accordance with the requirements and limits laid down by the laws in force.

You may also object to these data being used for sales prospecting purposes at any time and free of charge, without having to justify your request. In the event your data is processed based on your express consent, the withdrawal of consent will not affect the lawfulness of processing operations based on your consent that were carried out before consent was withdrawn.

How to contact us

Identity and contact details of the controller

The controller is Delubac Asset Management, 10 rue Roquépine, 75008 Paris

Contact details of the Data Protection Officer

Delubac Asset Management has appointed a Data Protection Officer, whose contact details are:

Postal address: Data Protection Officer – 16 Place Saléon Terras, 07160 Le Cheylard

Email address: dpo@delubac.fr

All requests must include a photocopy of an identity document; otherwise, they cannot be processed. You will receive a reply within one month from receipt of your duly documented request. This time period may be extended by two months in the event of a complex request or if a large number of requests are being processed. In such case, Delubac Asset Management will inform you within one month from receipt of your request.

Delubac Asset Management will use its best endeavours to answer all your questions about the processing of your personal data. You have the right to lodge a complaint with the French Data Protection Agency (CNIL), in accordance with the procedures indicated on its website (https://www.cnil.fr/fr/cnil-direct/question/adresser-une-reclamation-plainte-la-cnil-quelles-conditions-et-comment).

Clause 8 - Amendment of the data protection policy

Delubac Asset Management may make changes to this personal data protection policy, in particular due to regulatory or technological developments or changes in the purpose of processing.

In the event this policy is amended, Delubac Asset Management will inform you via its website or by any other means.