Privacy Policy

This Privacy Notice (“Privacy Notice”) explains how Titanbay International GP SÀRL (together, “Titanbay”, “we”, “us” or “our”), collects, uses, shares and otherwise processes your Personal Data in connection with your relationship with us in accordance with applicable data privacy laws and the General Data Protection Regulation (“GDPR”).

The information published here applies to the personal information (also known as ‘Personal Data’ that we collect about:

• Visitors to our websites
• Visitors/Members of our online Portal
• Subscribers of our newsletter

What is Personal Data?

The term “Personal Data” as used in this Data Protection Privacy Notice means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. This definition provides for a wide range of personal identifiers to constitute Personal Data, including name, date of birth, residential address, identification number, location data or online identifier. Personal Data does not include data from which you can no longer be identified such as anonymised aggregate data.

What are cookies and how do we use them?

Cookies are small text files that can be used by websites to make a user's experience more efficient. This website uses cookies which are unique to your web browser. They will contain some anonymous information such as a unique identifier and some digits and numbers. We use cookies to personalise ads and analyse our traffic. We also share anonymised information about your use of our site with our advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. View our cookie policy.

How do we collect personal data and what kind of information do we collect?

General browsing will utilise cookies as outlined above. In the event you register with us or fill out a subscribe or contact us form, the kinds of Personal Data we may collect include information such as:

• your contact details (such as your address, email address and telephone number) and other information such as your job title. In most cases, we will collect the Personal Data directly from you but may also obtain it from other sources. personal details, such as (e.g. name, gender, date and place of birth, occupation, address, email address, phone numbers, identity documents, financial information and other contact details information);
• other materials we may need for our identification and compliance obligations as well as information from third party providers who assist us to combat fraud, money laundering and other crimes; and
• complaints or disputes you may have had with us or other members of the group and details of the underlying transaction (where applicable);
• sales and marketing information,
• financial information and transactions records;
• records of correspondence and other communications between you and your representatives;
• information that we need to support our regulatory obligations;
• Any other information you asked and authorised us to collect for or about you

What do we do with your data?

We may use automated decision making in processing your Personal Data. We may assess certain characteristics on the basis of personal data processed automatically (profiling), in particular to provide you with personalised offers and advice or information on our products and services or those of our affiliates and business partners. We may also use technologies that allow identifying the level of risks linked to the activity within your investment portfolio. You can request a manual review of the accuracy of the automated decision.

We may aggregate and/or de-identify any information collected so that such information can no longer be linked to you or your device. We may use such information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, partners, and sponsors.

We will process your Personal Data if and to the extent applicable law provides us with a lawful basis to do so. Therefore, we will only process your Personal Data on the following grounds:

• Consent - you have consented to us using your data
• Contract - we need it to perform the contract we have entered into with you
• Legal Obligation - we need it to comply with a legal obligation.
• Legitimate Interest - we (or a third party with whom we work with) have a legitimate interest which is not overridden by your interests or fundamental rights and freedoms. Legitimate interest may include the provision of services by us, administrative or operational processes within Titanbay and certain direct marketing activities. We will use your Personal Data to deliver services to you and/or to work or act for you. We may also use your Personal Data to inform you about us and our services or otherwise communicate with you.

Please note that we may use or disclose Personal Data if we are required by law to do so or if we reasonably believe that use or disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.

What might we need from you?

We may need to request specific information from you to help us confirm your identity and ensure your right of access to your Personal Data (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.

Accuracy of information

It is important that the Personal Data we hold about you is accurate and current. Please let us know promptly if your Personal Data changes during your relationship with us.

What if you do not provide the Personal Data we request?

It is in your sole discretion to provide Personal Data to us. If you do not provide us with all or some of the Personal Data we request, we may not be able to send you information about us (eg. marketing materials), accept an engagement from you to provide all or some of our services or, to enter into a contract with you.

Change of purpose and anonymisation

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. In some circumstances we may anonymise your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.

With whom will we share your information?

When using your Personal Data for the purposes and on the legal basis described above we may share your Personal Data with other service providers we work with. This includes but may not be limited to, other entities within the Titanbay group of companies. We may also have to share your Personal Data with regulators, public institutions, courts or other third parties.

For the purposes described above, from time-to-time, we may have to transfer your Personal Data from the European Economic Area (EEA) to a third party outside of the EEA and in a jurisdiction not being subject to an adequacy decision of the European Commission. In such cases, we will always ensure that there is a legal basis and a relevant safeguard method for such data transfer so that your Personal Data is treated in a manner that is consistent with and respects the EU laws and other applicable laws and regulations on data protection.

Third Parties

The website may, from time to time, include links to third-party websites or enable individuals the opportunity to disclose information directly to third parties. This Privacy Notice does not apply to such third-party websites or organisations. You assume all privacy, security, and other risks associated with providing any data, including personal information, to third parties via the website. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy statements, if any, provided by those third parties.

Third Parties: Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (‘Google’). Google Analytics uses cookies (text files placed on your computer) to help the website operators 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 across the European Union. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. 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. 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.

How to change or delete cookies?

If you want to restrict or block the cookies that are set by our website, you can do so by visiting our Cookies Policy or, through your browser setting. Alternatively, you can visit www.internetcookies.com which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.

Your rights in relation to your information

You have rights as an individual which you can exercise under certain circumstances in relation to your Personal Data that we hold. These rights are to:

• request access to your Personal Data (commonly known as a “data subject access request”) and request certain information in relation to its processing;
• request rectification of your Personal Data;
• request the erasure of your Personal Data;
• request the restriction of processing of your Personal Data;
• object to the processing of your Personal Data.
• request the transfer your Personal Data to another organisation, or directly to you, under certain conditions.

You also have the right to make a complaint at any time to your local national data protection regulator. The local regulator for this website is the Commission Nationale pour le Protection des Données (the “CNPD”) the Luxembourg supervisory authority for data protection issues in the Grand-Duchy of Luxembourg (www.cnpd.lu).

If you wish to receive a copy of personally identifiable data we store about you, this can be made available on request. Once we have verified your identity, we will supply you with a digital record of all your personal data as soon as we can, but in any event, it will be within one calendar month.

We will not charge you for supplying copies of your personal data in the first instance. However, in the event we find data subject access requests to be manifestly unfounded or excessive, particularly where repetitive, we will need to consider the effort required to handle such requests and charge a reasonable administrative fee.

Right to withdraw consent

In case you have provided your consent to the collection, processing and transfer of your Personal Data, you have the right to fully or partly withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. In case we processed your Personal Data for direct marketing purposes, you have the right to object at any time, in which case we will no longer process your Personal Data for such marketing purposes.

How long will we retain your information?

We will only retain your Personal Data for as long as is necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements, or to enforce our terms and conditions or for the protection of our rights in the context of legal claims, litigation, arbitration or similar proceedings.

To determine the appropriate retention period for your Personal Data, we will consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymise your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.

Upon expiry of the applicable retention period we will securely destroy your Personal Data in accordance with applicable laws and regulations.

Changes to this Privacy Notice

Titanbay reserves the right to update this Privacy Notice at any time, and we will make an updated copy available on our website.

Further information

In our capacity as data controllers for this website, if you have any queries, questions, concerns or require any further information in relation to the Privacy Notice or you wish to exercise any of your rights, please do not hesitate to contact us at compliance@titanbay.lu

We endeavour to respond to all legitimate requests within one calendar month. Occasionally it may take us longer than one calendar month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated and endeavour to respond to your request as soon as reasonably practicable.

Date: December 2022