Legal Notice

Privacy Policy

DETAILED INFORMATION ON THE PROCESSING OF YOUR PERSONAL DATA IN COMPLIANCE WITH 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 (GDPR).

RESPONSIBLE:

Contact details of the Responsible IDENTITY: FORMENTOR CAPITAL PARTNERS S.G.E.I.C., S.A. hereinafter “the Entity” NIF : A-85169530 Postal address: C / CASTELLÓ 128, 8, 28006 MADRID Telephone: 918 283 220 Email: info@formentorcapital.com Data of the mercantile registry: of Madrid Madrid to volume 24567 , folio 191 sheet M-442133 High data CNMV: Registration number 67 The Entity acts as responsible for the processing of the data and as a provider of services to its customers, users and visitors of this website. Contact details of the Data Protection Officer: Not applicable, any doubt info@formentorcapital.com

TREATMENT:

“Personal data” includes any information that allows a natural person to be identified directly (e.g. name, surname) or indirectly (e.g. passport number or combination of data). The personal data of the Data Subjects we process may include:

• IDENTIFICATION DATA, e.g., names, addresses, telephone numbers, email addresses, business contact information;
• PERSONAL CHARACTERISTICS, e.g., date of birth, sex, country of birth; facial image.
• PROFESSIONAL INFORMATION, e.g., employment and work history, position, powers of representation;
• IDENTIFIERS ISSUED BY PUBLIC BODIES, e.g. passport, identity card, tax identification number.
• FINANCIAL INFORMATION, e.g., financial data and credit history, bank details;
• ACADEMIC OR HR MANAGEMENT DATA

PURPOSE:

We treat the information provided by interested persons for the following possible purposes:

• 1.- CONTRACTING WITH PARTICIPANTS. Manage the subscription process of the participants with the different funds.
• 2.- PROJECTS. Management of projects and investment proposals to be valued. There will be treatment of the mail.
• 3.- REGULATORY COMPLIANCE: Management of all obligations with national or international regulations.
• 4.- ACCOUNTING. To manage the accounting of the Entity.
• 5.- LABOR MANAGEMENT: we treat the personal data of our employees to be able to work in the Entity and provide the service to customers.

LEGITIMATION AND LEGAL BASIS:

Detail of the legal basis of the treatment, in cases of legal obligation, public interest or legitimate interest. Given the three main purposes described above, we go on to describe the legitimacy of the use of the treatment. Purpose and legitimacy:

• 1.- CONTRACTING WITH PARTICIPANTS.

A.- Execution of a contract: RGPD: 6.1.b) Treatment necessary for the execution of a contract in which the interested party is a party or for the application at the request of the latter of pre-contractual measures.

• • The opening and management of an account or the establishment of a business relationship between you and/or the Linked Person and us, including all related transactions for your identification;
  • Any other related services provided by any service provider of the Controller(s) and Processors in connection with our Business Relationship;
  • The management, administration and distribution of the investment of the participants, including any auxiliary services related to these activities; or
  • The processing of subscription requests in the funds, as well as the maintenance of the ongoing relationship with respect to positions in such funds.

B.- In legal compliance. GDPR: 6.1.c) Processing necessary for compliance with a legal obligation applicable to the controller.

• • Provide information on participations and services to Data Subjects;
  • Carry out any other form of cooperation with, or information to, competent administrations, supervisory authorities, law enforcement agencies and other public authorities (e.g. in the field of preventing money laundering and combating the financing of terrorism (“AML-CTF”), for the prevention and detection of crime under tax law (e.g. communication of name, address, date of birth, tax identification number (NIF/TIN), account number and account balance to tax authorities under the Foreign Account Tax Compliance Act (“FATCA”) or other tax legislation aimed at preventing tax evasion and fraud, as applicable);
  • Prevent fraud, bribery, corruption and the provision of financial and other services to persons subject to economic or commercial sanctions on an ongoing basis in accordance with our AML-CTF procedures, as well as maintain AML-CTF and other records necessary for control purposes;
  • Deal with active risk management within the group according to which risks in terms of markets, credit, default, processes, liquidity and image, as well as operational and legal risks, must be identified, limited and monitored;

C.- Consent of the interested party: RGPD: 6.1. a) The interested party gave his consent for the processing of his personal data for one or more specific purposes; D.- Legitimate interest of the Entity. GDPR: 6.1. f) the processing is necessary for the satisfaction of legitimate interests pursued by the controller.

• • Develop our business relationship with the client; sending informative communications.
  • Improve our organization and internal operations, including for risk management purposes;
  • Assess our risks and make business decisions in the case of risk management;
  • Establish, exercise and/or defend actual or potential legal claims, investigations or similar processes;

2.- PROJECTS A.- Legitimate interest of the Entity. GDPR: 6.1. f) the processing is necessary for the satisfaction of legitimate interests pursued by the controller. B.- Execution of a contract: RGPD: 6.1.b) Treatment necessary for the execution of a contract in which the interested party is a party or for the application at the request of the latter of pre-contractual measures.

• 3.- REGULATORY COMPLIANCE

A.- In legal compliance. GDPR: 6.1.c) Processing necessary for compliance with a legal obligation applicable to the controller. CUSTOMER KNOWLEDGE

• • PBC; Prevention of Money Laundering.
  • FATCA; Law on Tax Compliance of Foreign Accounts.
  • The information contained in this annex will be reported to the tax authority of the country or countries of tax residence of the investor, in application: Agreement between the Kingdom of Spain and the United States of America for the improvement of international tax compliance and the implementation of the Foreign Account Tax Compliance Act – FATCA (Foreign Account Tax Compliance Act), done at Madrid on 14 May 2013 (FATCA);d e Order HAP/1136/2014, of 30 June, regulating certain issues related to the reporting and due diligence obligations set out in the agreement between the Kingdom of Spain and the United States of America for the improvement of international tax compliance and the application of the US law on tax compliance of foreign accounts and approving the declaration annual information on the financial accounts of certain U.S. persons, form 290 (FATCA Development Order);

of Royal Decree 1021/2015, of 13 November, which establishes the obligation to identify the tax residence of persons who hold the ownership or control of certain financial accounts and to inform about them in the field of mutual assistance and any implementing regulations that are approved after the signing of this document.

CONSERVATION:

Deadlines or criteria for data retention The data will be kept until the purpose, which has originated the processing of your information, is terminated. Once this fact happens, the data will be kept in a blocked way to the attention of possible legal or administrative requirements until the prescription of the same. In compliance with current regulations it is 6 years.

RECIPIENTS:

Recipients or categories of recipients If necessary or useful to achieve the Purposes, we reserve the right to disclose or give access to personal data to the following recipients, provided that it is authorized or constitutes a legal requirement: 1.- Public/governmental administrations, courts, competent authorities (e.g. financial supervisory authorities) or financial market agents/operators (e.g. third-party or central depositories, banks, intermediaries, exchanges and registries); 2.- Legal and tax advice. 3.- Cloud hosting services and maintenance of the website or other computer applications. Possibly companies in the US within the EU-US Privacy Shield agreement. USA We undertake not to transfer personal data to third parties other than those mentioned above, except when data subjects are informed of this or if required by the laws and regulations applicable to them or by order of a court, governmental body, supervisor or regulator, including tax authorities. Adequacy decisions, guarantees, binding corporate rules or specific applicable situations

GDPR RIGHTS:

1) ACCESS You have the right to be informed of the following:

• The purposes of the processing, categories of personal data processed and possible data communications and their recipients.
• If possible, the period of conservation of your data. If not, the criteria for determining this period.
• The right to request the rectification or deletion of the data, the limitation to the treatment, or oppose it.
• The right to file a complaint with the Control Authority.
• If an international transfer of data occurs, receive information from the appropriate guarantees.
• Of the existence of automated decisions (including profiles), the logic applied and consequences of this Treatment

2) RECTIFICATION You have the right, in addition to rectifying inaccurate data, to have incomplete personal data completed, including by means of an additional declaration 3) DELETION (THE “RIGHT TO BE FORGOTTEN”) With this right you can request: The deletion of personal data without due delay when any of the cases contemplated concur. For example, illegal data processing, or when the purpose that motivated the processing or collection has disappeared. However, a number of exceptions are regulated in which this right will not proceed. For example, when the right to freedom of expression and information must prevail 4) LIMITATION OF TREATMENT This right allows you to:

• Request the controller to suspend data processing when: The accuracy of the data is contested, while such accuracy is verified by the controller. The interested party has exercised his right to object to the processing of data, while it is verified whether the legitimate reasons of the person responsible prevail over the interested party.
• Request the controller to keep your personal data when: The data processing is unlawful and the data subject objects to the deletion of their data and requests instead the limitation of their use The controller no longer needs the data for the purposes of the processing, but the data subject does need them for the formulation, exercise or defense of claims.

5) DATA PORTABILITY You may receive your personal data provided in a structured, commonly used and machine-readable format, and be able to transmit them to another controller, whenever technically possible. On the other hand, the Owner expressly authorizes that, in case of a request for portability, their personal data are transferred for the communication of data, in order to be able to carry out such operations. 6) OPPOSITION By means of the right of opposition you can oppose the processing of your personal data:

• • When for reasons related to your personal situation, the processing of your data must cease unless a legitimate interest is accredited, or is necessary for the exercise or defense of claims.

When the purpose of the processing is direct marketing. 7) NOT TO BE SUBJECT TO INDIVIDUALIZED DECISIONS You have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects or affects you. The foregoing is excepted when: It is necessary for the conclusion or execution of a contract. It is permitted by EU or Member State law, with appropriate measures to safeguard the rights and freedoms of the data subject. There is explicit consent of the owner of the data. Right to withdraw the consent given You can always refuse to have information sent to you by mail. In case of not giving consent to the main treatment, the relationship with you cannot be carried out. Right to complain to the Control Authority Request for the presentation of a claim for protection of rights before the Control Authority. https://www.aepd.es/reglamento/derechos/index.html

SOURCES:

Detailed information on the origin of the data, even if it comes from publicly accessible sources To achieve the Purposes, described above, we collect or receive personal data:

• Directly from the Interested Parties. For example: Signing of the contract or subscription agreement.
• Indirectly from other external sources, including any publicly available sources (e.g. UN or EU sanctions lists), information available through subscription services (e.g. Bloomberg) or information provided by other third parties.
• It has been provided by a third party with the legal or contractual authorization to do so.

Indicate in turn, that you are not obliged to provide us with personal data that we do not need to register you in your service.

SECURITY MEASURES:

The Entity has adopted the necessary technical and organizational measures to guarantee the security and integrity of the data, as well as to avoid its alteration, loss, treatment or unauthorized access. INTELLECTUAL PROPERTY All the elements protectable by intellectual or industrial property rights are the exclusive property of the Entity, without the use of the same implying any type of authorization or license to use them in favor of the user.