Leoville Privacy Policy

Version 1.00

Leoville (as defined hereafter) is committed to protect your personal data. This document (the “Privacy policy”) is intended to inform you about the personal data that Leoville collects, to explain why we collect these data and how we deal with your data.

This Privacy policy can be modified, e.g. as a result of new functionalities or legal or regulatory changes. Any major changes will be announced on our website. We therefore advise you to regularly check our website.

This version of the Privacy policy was last modified on 31 March 2019.

1. When does this privacy policy apply?

This Privacy policy applies to the processing of personal data in the context of all activities of Leoville, including the website.

2. Who is responsible for the processing of your personal data?

Leoville is the controller for the processing of your personal data. This means that Leoville determines for what purposes and with what means your personal data will be processed.

Leoville comprises a number of companies, of which Leoville Properties Comm. VA (with registered offices at Terhulpsesteenweg 6B, 1560 Hoeilaart (Belgium) and which is registered in the Crossroads Bank of Enterprises under number 0640.673.914), Leoville Holding CVBA (with registered offices at Terhulpsesteenweg 6B, 1560 Hoeilaart (Belgium) and which is registered in the Crossroads Bank of Enterprises under number 0664.914.412) and Leoville Invest BVBA (with registered offices at Terhulpsesteenweg 6B, 1560 Hoeilaart (Belgium) and which is registered in the Crossroads Bank of Enterprises under number 0639.773.693) manage most personal data.

Leoville Properties Comm. VA also holds (in)directly 100% of the shares in several subsidiaries which own and lease properties and which hence may process personal data of tenants.

Leoville Property Management BVBA (with registered offices at Terhulpsesteenweg 6B, 1560 Hoeilaart (Belgium) and which is registered in the Crossroads Bank of Enterprises under number 0671.683.428) provides certain property management services to Leoville companies and may also process personal data of tenants.

All these companies are hereafter referred to as “Leoville”, “we”, “our” or “us”.

3. Which personal data do we process about you?

The data that we process about you depends on the relationship we have with you. We collect your personal data in three ways:

• Information provided by you
We collect information that you voluntarily provide to us:
– when you visit our offices: data such as your name and your company name.
– when you contact us via email, via the contact form on our website or via other channels: data such as your name, title, company name, e-mail address, phone number, the content of your correspondence with Leoville and any other personal data you provide that may be relevant to answering your question.
– when you give us your business card or if we otherwise receive your contact details: data such as your name, company name, function, phone number and e-mail address.
– when you are an investor: data on our client identification form such as your name, company information, function, profession, place and date of birth, (billing) address, nationality, copies of identification documents, qualification politically exposed person and/or related family member(s), phone numbers, residence, company or tax identification number, financial information, banking information, risk assessment client profile; your password and login for our website.
– when you are a co-owner or a tenant of one of our buildings: data such as your name, company name, function, place and date of birth, (billing) address, copies of identification documents, qualification politically exposed person, phone numbers, residence, tax identification number, financial information, banking information.
– when you have any other contractual relationship with Leoville: data such as your name, company name, function, place and date of birth, (billing) address, phone numbers, residence, tax identification number, financial information, banking information.
– when you apply for a position with us: data such as your name, your contact information, your resume, your correspondence with Leoville and other documents you provide us with.
– ….

• Automatically collected information or information from third parties
We also collect information from other sources:
– when you browse our website: data we receive from cookie providers about your activity on our website such as the type of browser you are using, the type of device you are using, the operating system and version you are using, your IP address, your geographical location as indicated by your IP-address, the content you view, the web pages you visited immediately before and after visiting our website, the search terms you enter on our website etc.
– when you interact with us on social media platforms: data we may receive from social media platforms about you, such as your name, e-mail address and phone number. See in this regard also Question 7 of our Privacy policy.
– when you give us your business card or if we otherwise receive your contact details: data we receive about you from other sources, such as third parties (e.g. Trends) and social media (e.g. LinkedIn) that help us update, expand our analyse our records and identify new customers.
– when you are a ultimate beneficial owner of our investors, or as the case may be, our clients: in the event that our client is a legal entity, data such as your name, place and date of birth, nationality, copies of identification documents and qualification politically exposed person and/or related family member(s).
– when you have a contractual relationship with Leoville: data we may receive from other persons than yourself, such as your employer, the beneficial owner of the company you work for, your representative, etc. It is also possible that we collect these data from public sources such as the crossroads bank of enterprises.
– when you apply for a position with us: data we may receive about you from headhunters, employment agencies and selection firms. We may also receive data from social media platforms such as LinkedIn. If you give us your permission, we may contact your previous employer.

• Automatically obtained information
When you browse our website, we receive data from cookie providers about your activity on our website. This information does not allow us to identify you directly. Therefore, we cannot know who you are merely based on the automatically obtained information. We can combine the automatically obtained information with the information provided by you.

4. For which purposes and on what legal ground do we process your personal data?

4.1 WEBSITE VISITORS
For the security and improvement of our website and newsletters or for answering your questions
We process personal data to optimise our website and to make it easy to use. This data also allows us to adequately secure our website. By using your data, we can check how our website and marketing content, such as newsletters, are used and how we can improve their content and layout. We do this by using cookies. Moreover, when you ask us a question via our online contact form, we will process these data in order to answer your question. The processing of these data is based on your consent (by submitting your information through our contact form) or on the legitimate interest of Leoville in providing a well-functioning and secure website and content that is relevant for you.

4.2 INVESTORS AND THEIR ULTIMATE BENEFICIAL OWNERS
To pursue our contractual relationship and to comply with our legal obligations
We process your personal data for providing services to you, for investor management, marketing and for fulfilling our legal and regulatory obligations, such as compliance with:
• the rules on alternative investment funds and their managers.
• the rules on reporting to prudential supervisors.
• the fight against and prevention of the financing of terrorism and money laundering, by definition of the profile and identification of clients, their representatives and beneficial owners, and of their operations and transactions.
• the fight against fiscal fraud and the evasion of taxes, in cooperation with the competent authorities, through the identification of clients, their accounts and their contracts (e.g. FATCA).
• the rules concerning the embargoes. This could include identification of the concerned persons and assets.
The processing of your personal data is based on the performance of a contract with you, a legal obligation to which Leoville is subject, and/or Leoville’s legitimate interests to keep its investors informed of its activities and investment opportunities.

4.3 CO-OWNERS AND TENANTS
To pursue our contractual relationship and to comply with our legal obligations
We process your personal data for providing services to you, for tenant and property management, marketing and for compliance with our legal and regulatory obligations, including maintaining records, compliance checks or screenings (e.g. anti-money laundering, KYC).The processing of your personal data is based on the performance of a contract with you, a legal obligation to which Leoville is subject or Leoville’s legitimate interests to keep its tenants informed.

4.4 OTHER CONTRACT PARTNERS AND THEIR CONTACT PERSONS
To pursue our contractual relationship
We process your personal data for providing services to you, for customer and supplier management, for due diligence purposes, marketing and for purposes required by law. The processing of your personal data is based on the performance of a contract with you, a legal obligation to which Leoville is subject or its legitimate interests to keep its partners informed of its activities and services.

4.5 ANY OTHER PARTY WITH WHOM LEOVILLE DOES BUSINESS OR IS CONSIDERING DOING BUSINESS
(POTENTIAL CLIENTS, OTHER BUSINESS CONTACTS, ETC.)
To answer your questions and exchange information
If you ask us a question by phone, via the contact form on the website or by e-mail, we will process your personal data in order to answer that question and to provide you with the relevant information. We process this information based on your consent, on your request to take steps prior to entering into a contract and/ or Leoville’s legitimate interests to inform business contacts about Leoville’s activities and investment opportunities. You are free to choose to provide us with your personal data, and you may withdraw your consent at any time (see Question 8 of our Privacy policy).

4.6 APPLICANTS
To make contact in the context of a selection and recruitment process
When you apply for a job, we process your personal data in order to contact you and to follow up on your application.
The processing of your personal data for this purpose is based on your request to take steps prior to entering into a contract. Leoville has a legitimate interest in retaining your information in our recruitment reserve to consider you for possible future opportunities.

5. Who has access to your personal data?

Leoville is selective in the parties to whom it discloses your personal data and chooses them carefully.
In all cases, we try to make sure that sufficient safeguards for the protection and confidentiality of your data are in place.

Leoville may disclose information to third-party service providers to perform certain (processing) services on our behalf, such as:
• Our AIFM: as an alternative investment fund, we have appointed an alternative investment fund manager (AIFM), in accordance with directive 2011/61/EU of the European Parliament and of the council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (“AIFM Directive”) and its transposing regulation in the member states, with whom we may be obliged to share information of investors, tenants and potential counterparties.
• Our depositary: as an alternative investment fund, we have appointed a depositary in accordance with the AIFM Directive and its transposing regulation in the member states, with whom we may be obliged to share information of investors, tenants and potential counterparties.
• Other Leoville companies: we share information between our companies for administrative purposes and for property management purposes.
• Certain processors who act on our behalf, such as e.g. marketing and communication companies web-hosting companies, marketing agencies and mailing vendors.
• IT service providers that provide technical support.
• Attorneys and external advisors: in certain cases, we may transfer your personal data to attorneys and external advisors if this is necessary to give us advice or to defend our rights.
• Supervisory authorities: in certain cases, we may transfer your personal data to police, judicial or other authorities if we believe that we are required to do so based upon the applicable legislation or regulation or based upon another lawful request or order.
• Possible acquirers of a Leoville company or its assets in the event that (a part of) our activities would be taken over by a third party.

6. Does Leoville process your personal data outside the European Economic Area (EEA)?

Leoville keeps all your personal data on servers located within the EEA (in Belgium). However, it is possible that service providers working for Leoville (as mentioned under Question 5 above) process your personal data outside the EEA.
In this respect, Leoville is committed to ensuring an adequate level of protection for your data, in particular via an adequacy decision under article 45 GDPR for the country to which data are transferred (including certifications under the EU-US Privacy Shield), by concluding standard contractual clauses under article 46.2 GDPR, or by any other appropriate safeguards. If you have any question or would like more information in this regard, you can send a dated and signed request to Leoville (see our contact information in Question 11 below).

8. How do we protect your personal data and how long do we keep your personal data?

Leoville takes reasonable security measures to protect your personal data from destruction, loss, modification or any other unauthorised processing.
Leoville does not store your personal data for longer than necessary for the purposes outlined in this Privacy policy, unless a longer retention period is required or permitted by a legal or contractual obligation. This means for example that we will no longer use your personal data to send you our newsletters if you have informed us that you no longer want to receive them. We will for example also stop sending you mailings if it appears that you e-mail address is no longer in use and we do not have other contact details.

9. What are your rights and how can you exercise your rights?

You have a number of rights with regard to your personal data, some of which may be subject to conditions or exceptions.

You have the right to request free access to the personal data processed by Leoville, to request the correction or removal of your data or to request a restriction of the processing. In certain cases, you also have a right to request the portability of your data, to request not to be subject to profiling and you may object to the processing of your personal data, without substantiation in the case of direct marketing, or substantiated in other cases.

When the processing of your personal data is based on your consent, you may revoke this at any time. Revocation of your consent does not affect the lawfulness of the processing based on consent before withdrawal.

You can direct your request based on the above rights to info@leoville.be or by post to Terhulpsesteenweg 6B, 1560 Hoeilaart. For privacy and security reasons, we may request proof of your identity. Please note that the applicable legislation may impose conditions on exercising the above rights.

You also have the right to file a complaint with the supervisory authority, which is the Belgian Data Protection Authority. It can be reached by mail at Rue de la Presse 35, 1000 Brussels, and by e-mail at the following address: contact@apd-gba.be.

10. What about changes to this privacy policy?

We may change this Privacy policy from time to time, for example, in connection with new features on the website or to comply with new legal, contractual or administrative obligations. We therefore recommend that you regularly consult this Privacy policy. If we make any important changes we will make an announcement on our website.
This version of the Privacy policy was last modified on the date at the top of this policy.

11. How can you contact us?

If you have further questions or complaints about the processing of your personal data, about this website or about this Privacy policy, you can always contact us:
• via the contact form available on our website www.leoville.be;
• by e-mail at info@leoville.be;
• by phone at the number +32 2 447 40 00; or
• by regular mail to Terhulpsesteenweg 6B, 1560 Hoeilaart.