General
Polestar Capital, based in Hilversum, processes personal data for the funds it manages, including Polestar Capital Circular Debt Fund (PCDF) and other financing solutions. Further referred to as ‘we’ or ‘us’. When applicable Polestar Capital and the fund or other financing solution shall qualify as joint controllers with respect to the processing of personal data in the context of the fund or other financing solution. Polestar Capital shall carry out the actual processing activities and therefore act as primary contact point for all data processing activities related to the fund.
Polestar Capital is the data controller of your personal data when you contact us and consider or submit an application for a Polestar Capital service, have questions about the funding process or existing services, whether or not on behalf of the company you work for, represent or are ‘ultimate beneficial owner’ (UBO) of the relevant company.
Polestar Capital safeguards and respects your privacy and will only process your personal data in accordance with applicable laws and regulations. In this Privacy Statement, you can read what personal data we process, for what purposes, what the basis is forprocessingand how long the personal data is kept.
From whom do we process personal data?
We process personal data of persons with whom we have, want or have had a customer relationship:
- (Former) investees and (former) investors;
- People expressing an interest in our services;
- People associated with a company or organisation with which we have, intend to have, or have had a customer relationship.
Processing of personal data when you contact us
You can contact us in various ways: via the contact form on the website, by phone or by email. When you have contacted us because you are considering or submitting an application for services or have questions about the quotation process or existing services, Polestar Capital will capture some personal data from you. The purpose of this processing may be to answer your questions or to assess whether you or the company, for which you act as contact person, is eligible for our services. This may include the company you represent or of which you are UBO. Other purposes include entering into the agreement with you or the relevant company and maintaining the agreement.
Processing of personal data during a financing process and our services
When you are in a financing process with us and/or purchase a service from us, we process the following (categories of) personal data for various purposes:
- data needed to conclude or perform an agreement, such as name, contact details, bank account number and VAT number;
- data needed to assess the request for services, such as a description of business activities, annual accounts, tax returns from previous years and other financial and business information and CVs (with diplomas, etc.) of management;
- data necessary to verify or contact references of key persons, such as contact persons, directors and UBOs;
- data needed to identify the company you represent and the UBO and to comply with the obligations arising from the Anti-Money Laundering and Anti-Terrorist Financing Act (Wet ter voorkoming van witwassen en financieren van terrorisme – Wwft), including conducting a customer due diligence and other relevant laws and regulations;
- data needed to draw up and sign the service documentation, such as (and to the extent relevant) an extract of the Chamber of Commerce registration, Chamber of Commerce number, proof of identity, data of direct and indirect shareholders, directors, representatives and contact persons, UBO statements, etc;
- investor data, including UBOs, in the context of requests to PCDF or any of the other funding solutions.
Lawful bases of processing
We process personal data on several bases. Firstly, for the performance of the contract between the investee/ investor and Polestar Capital or in preparation thereof. Secondly, we carry out certain processing of personal data to comply with legal obligations, including financial (supervisory) legislation. Thirdly, we share personal data with potential investors based on our legitimate interest. Our interest is that potential investors can form a picture of prospects and their investment requests. We make confidentiality agreements with current and potential investors.
If we find it necessary to process personal data but one of the aforementioned bases does not apply, we will ask for your consent. You can withdraw your consent at any time.
Keeping up to date and retention period
Polestar Capital will process only those personal data that are relevant, keep them up to date and delete them as soon as they are no longer needed. In any case, personal data in connection with your (potential) application for services will be kept for the period Polestar Capital needs to assess the application, after which, in case of rejection, it will be deleted no later than 31 December, 2 years from the date of rejection, unless Polestar Capital has legitimate reasons to extend this period.
We retain data we collect to comply our obligations arising from the Anti-Money Laundering and Anti-Terrorist Financing Act for 5 years after the business relationship ends or for 5 years after performing a service. Personal data in connection with a contract for services will be retained for the period during which Polestar Capital provides the service and the period thereafter during which Polestar Capital is still legally obliged to retain your data, generally 7 years.
Security and access
Polestar Capital considers adequate security of your personal data to be an important responsibility Polestar Capital shall ensure that appropriate technical and organisational measures are in place to secure personal data against unauthorised or otherwise undesirable access and processing.
Third parties
We will only share your personal data with third parties where this is necessary in connection with the provision of a service by that third party that we need to assess or execute your application for funding or participation. Such as notaries and lawyers for drafting and advising on service documentation, our administration service providers and parties we engage to fulfil our obligations under the Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft). In addition, Polestar Capital uses IT service providers who provide hosting and maintenance of the software and hardware used by Polestar Capital.
Polestar Capital only provides personal data to parties who ensure that they have taken the required measures to adequately protect the data. We enter into a processor agreement with processors, who process your personal data on behalf of Polestar Capital, which, among other things, regulates the confidentiality and security of your personal data by these third parties.
The third parties are mainly located in the Netherlands or within the EEA. In case we do business with a third party outside the EEA, we ensure appropriate safeguards for secure and careful processing of personal data.
Only when Polestar Capital is legally obliged to do so, we willdisclose personal data to supervisory, investigative and tax authorities. Please note that some of these services may have far-reaching powers, enabling them to enforce such disclosures.
Your rights
You have the right to request access to personal data processed by Polestar Capital and to have it corrected, if incorrect or incomplete. Furthermore, under circumstances, you have the right to erasure or restriction of the processing of your data or to data portability.
You have the right to object to Polestar Capital's processing of your personal data, but please note that this will delay or block the processing of your application or that of the company for which you act as contact person or representative.
In some cases, we cannot comply with your request, for example if there is a legal obligation to retain data. If we cannot comply with your request, we will let you know as soon as possible.
If you wish to exercise these rights, or have any questions about how Polestar Capital processes your personal data, please contact Polestar Capital at privacy@polestarcapital.nl. If you disagree with the way Polestar Capital processes your personal data, you can file a complaint with the Dutch Personal Data Authority (www.autoriteitpersoonsgegevens.nl).
Changes
Finally, please note that we may make changes to this Privacy Statement. The current Privacy Statement can be found on our website.
Polestar Capital (a tradename of Finquiddity Vermogensbeheer B.V.)
Laapersveld 68
1213 VB Hilversum
privacy@polestarcapital.nl
+31 35 240 01 08