Privacy Policy
I. Introduction
Biven Capital Partners – SCR, S.A. (“Biven” or “Company”), as a Management Company of collective investment entities, will be responsible for processing the personal data of natural persons with whom it has relationships, namely investors and counterparties, and guarantees, within the scope of its activity, the protection of this personal data, ensuring that its processing is carried out in accordance with applicable European and national legislation, as well as confidentiality obligations, through this Privacy Policy.
The Privacy Policy applies exclusively to the collection and processing of personal data carried out by Biven.
II. Policy objective
This Privacy Policy aims to comply with Regulation (EU) no. 679/2016, of April 27 (“General Data Protection Regulation” or “GDPR”), regarding the protection of natural persons with regard to respect for the processing of personal data and the free movement of such data, and national legislation, namely Law No. 58/2019, of August 8, which ensures the implementation of the GDPR in the national legal order.
This policy defines and makes known to holders of personal data, who in any way interact with Biven, specifically and not exclusively through its website, the most relevant information within the scope of the protection of their personal data, including their rights and the way in which these rights can be exercised, as well as, generally, what personal data is collected, the way in which they are processed, the respective processing purposes, associated legal bases and retention periods.
III. Responsible for processing personal data
Biven Capital Partners – SCR, S.A., with tax identification number 517387964 and registered office at Rua de São Victor, n.º 94, 1.º Frente, 4710-439 Braga, is Responsible for the Processing of Personal Data, and may be contacted at the following email address: contact@bivencaiptal.com.
IV. Transmission of personal data and recipients
Personal data processed by Biven, in addition to complying with a legal obligation of communicating to official entities, may also be processed by entities subcontracted by Biven, whenever this is legally required or contractually necessary, with only the data being provided to these entities necessary to perform the required service. Biven ensures that the subcontractors it may turn to present sufficient guarantees for implementing appropriate technical and organizational measures for the processing of personal data in accordance with the GDPR and that they are capable of defending the rights of data subjects.
In compliance with legal obligations and for the purposes described, personal data may also be transmitted to judicial, administrative, supervisory or regulatory authorities.
V. Scope and purpose of processing personal data
Personal data is collected by Biven directly, from the data subject, through the contact forms on its website, sending an email directly to Biven or one of its employees, telephone/mobile phone and/or contract between both parties and indirectly, through partners or third parties.
The personal data that is collected and processed by Biven, as a general rule, is:
- Full name;
- Photography;
- Place of birth;
- Nationality;
- Date of birth;
- Identification document number and validity;
- Marital status;
- Tax Identification Number;
- Address;
- Email;
- Mobile phone.
In addition to these, other data may also be requested such as:
- Literary abilities;
- Professional situation;
- Name of the employer;
- Financial information;
- Investor profile;
- Money laundering and terrorist financing risk rating.
The personal data collected is processed in strict compliance with the rules and principles of the GDPR (as well as applicable national legislation), and, under no circumstances, will the data collected be processed without legitimacy and lawfulness for that purpose.
In this context, the personal data processed by Biven may be based on the need to execute a contract, to which the data subject is a party, or the objective of fulfilling pre-contractual measures at the request of the data subject. Compliance with a legal obligation to which the controller is subject, as well as processing for the purposes of legitimate interests on the part of Biven or third parties, will also be valid bases of lawfulness, as will any other purpose for which it was given consent from the data subject.
Biven adopts the appropriate security techniques and measures necessary to protect the data subject’s personal data, protecting them against abusive use or unauthorized access. Biven treats the personal data it accesses in an absolutely confidential manner, in accordance with its internal security and confidentiality policies and procedures.
VI. Personal data retention period
Biven retains the personal data of data subjects only for as long as necessary within the scope of the purpose for which they were collected. For the purposes described in this Privacy Policy, personal data will be preserved and maintained until the maximum period provided by law, counting from the date of their collection.
Once the maximum retention period has been reached, and there is no overriding interest situation that prevents it, personal data will be destroyed securely.
Biven retains personal data for the period of time required to comply with contractual and legal obligations. Therefore, personal data held by Biven will have to be kept for as long as necessary to ensure:
- Fulfillment of a duty to maintain data, imposed by law or other regulations, namely within the scope of commercial and tax law, banking law, the Money Laundering and Terrorist Financing Prevention Law and the Securities Code;
- The right to retain evidence in accordance with applicable statutory limitation periods.
VII. Rights of personal data holders
As long as Biven holds or processes personal data, all data holders may, at any time, exercise the rights listed in the following points.
The information corresponding to these rights must be provided in a concise, transparent, intelligible and easily accessible manner, using clear and simple language. Information is provided in writing and, whenever possible, by electronic means. Biven provides the data subject with the information without undue delay and within one month from the date of receipt of the request. This period may be extended by up to two months, when necessary, taking into account the complexity of the request and the number of requests. In this case, Biven will inform the data subject of the extension and the reasons for the delay within one month from the date of receipt of the request.
To exercise these rights, the data subject must send their request in writing via email: contact@bivencaiptal.com.
Right of access
The data subject has the right to access his or her personal data and obtain information about the purposes, categories, recipients or categories of recipients to whom his or her personal data have been or will be disclosed, the expected period of storage of the same, their origin and the existence of automated decisions.
Right to rectification
The data subject has the right to obtain from Biven the rectification of inaccurate personal data concerning him or her. The data subject has the right to have incomplete personal data completed, including by means of an additional statement.
Right to erasure or forgetfulness
The holder has the right to obtain from Biven the erasure of their personal data and Biven has the obligation to erase personal data without undue delay when it is verified that:
- Personal data are no longer necessary for the purpose for which they were collected or processed;
- The holder withdraws the consent on which the data processing is based and if there is no other legal basis for said processing;
- The holder opposes the processing and there are no prevailing legitimate interests that justify the processing;
- Personal data has been processed unlawfully;
- Personal data must be deleted to comply with a legal obligation.
Right to limitation of treatment
The data subject has the right to obtain from Biven the limitation of processing whenever one of the following situations occurs:
- Challenge the accuracy of personal data;
- The processing is unlawful and the data subject opposes the erasure of personal data and requests, in return, the limitation of its use;
- Biven no longer needs personal data, but such data is required by the holder for the purposes of declaring, exercising or defending a right in legal proceedings;
- If you have objected to the processing, until it is verified that the legitimate reasons of the controller prevail over those of the data subject.
When processing has been limited , personal data can only be processed with the consent of the holder.
Right to portability
The data subject has the right to receive personal data concerning him, in a structured, commonly used and machine-readable format, which he has provided to Biven, and the right to transmit this data to another person responsible for processing.
Right to object
The data subject has the right to object at any time, for reasons related to his or her particular situation, to the processing of personal data concerning him or her. Biven ceases the processing of personal data, unless it presents compelling and legitimate reasons for such processing that prevail over the interests, rights and freedoms of the data subject, or for the purposes of declaring, exercising or defending a right in legal proceedings.
Right to non-automation
The data subject has the right not to be subject to any decision made exclusively on the basis of automated processing, including profiling, which produces legal effects or significantly affects him or her in a similar way.
Right to complain
Without prejudice to any other means of administrative or judicial appeal and complaint to Biven, all data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or of the place where the infringement was allegedly committed, if the data subject considers that the processing of personal data concerning him or her violates the GDPR. In the case of Portugal, the control authority is the Comissão Nacional de Proteção de Dados (CNPD).
VIII. Personal data breach
In the event of a data breach and to the extent that such breach is likely to pose a high risk to the rights and freedoms of data subjects, Biven undertakes to communicate the breach of personal data to the data subjects and also to the National Data Protection Commission, within 72 hours of becoming aware of the incident.
If the notification to the control authority is not transmitted within 72 hours, when it is, it is accompanied by the reasons for the delay.
IX. Cookies policy
Biven uses session cookies on its website, which are small information files sent from the website server to the user’s browser and stored on their computer. These are temporary cookies that remain in the cookie file only while using the website. These cookies will be used exclusively by Biven and their use will only be used to analyze web traffic patterns, allowing us to identify problems and provide a better browsing experience.
X. Review and change to privacy policy
This policy was approved by the Board of Directors and will be subject to review whenever necessary, to comply with legal or technological imperatives. If the Privacy Policy is modified, it will be included and updated on the Biven website, with the User/Data Holder having direct access to said information.
