Privacy Notice

Asia Impact SA together with its affiliates (“Company” or “AI” or “we” or “our” or “us”) are committed to protecting your privacy and maintaining the confidentiality and security of your personal information. Any personal information processed by the Company is controlled by us and the Company is the data controller of your personal information.
This notice (“Privacy Notice”) provides an explanation of how AI collects, utilizes, and maintains the non-public personal information that is related to your identification or you to be identifiable. This information is referred to as "Personal Data" and pertains specifically to you as our client or potential client (“Client”) located in the European Union or the European Economic Area. This compliance is necessary in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
This Privacy Notice is provided also for the website https://asia-impact.com (“Website”), and it does not concern other websites accessible by the user (“User”) through the links contained within the Website. Please check the information notices provided by third-party websites accessible through the Website and identify the applicable terms and conditions concerning the processing of your Personal Data.
  1. Who is the Data Controller and who to contact?

    The company that will carry out, as the data controller (“Data Controller”), the processing of Personal Data according to the purposes and methods indicated in this Privacy Notice is Asia Impact S.A., 9, rue du Laboratoire L-1911 Luxembourg.
    Clients or Users who wish to contact the Data Controller can reach out directly at:
     
    Email: privacy@asia-impact.com
    Mailing Address:
    Asia Impact S.A.
    9, rue du Laboratoire L-1911 Luxembourg
    Asia Impact SA may collect and process your Personal Data for the purposes described below in Section 2 of this Notice. Please note that the Company processes Personal Data as Data Controller with reference to these cases.
  2. Purpose and legal basis of the processing

    Personal Data are processed by the Company for the purposes specified below.
    For each purpose, we have provided the relevant legal basis for data processing and criteria for determining the data processing period.
    1. PURPOSE: contract performance or agreement execution, LEGAL BASIS: Article 6.1.b) of GDPR
      Processing period: the period of performing the relevant obligations and the statutory period of limitation of claims.
       
      In the case of concluding a contract between you and the Company, the data provided by you will be processed for the purpose of performing that contract and for settlement purposes.
      In the case of electronic forms used to download/order a file (e.g. a demo, report, etc.), the provided data will be processed in order to deliver the ordered file and for related contact and settlement purposes.
      In the case of electronic forms used to sign up for a conference or event organised by the Company, the provided data will be processed in order to organise the event and for related contact and settlement purposes.
    2. PURPOSE: fulfilment of the legal obligation to prepare and retain documents, LEGAL BASIS: Article 6.1.c) of GDPR
      Processing period: the retention period for invoices, accounting records and documents confirming the conclusion and performance of contracts, arising from the applicable national laws.
      If a contract is performed or executed or other service is provided to you, we will also process your Personal Data included in invoices, accounting records or other documents confirming the contract’s conclusion and performance in order to draw up and retain the necessary documents as required by applicable laws. This applies in a situation where you are a party to the contract, where your employer or business partner is a party to the contract or where any service has been provided to you.
    3. PURPOSE: complying with legal obligations pursuant to statutory and regulatory requirements, in accordance with article 6. 1. c) of GDPR
      Processing period: the retention period for the relevant documents confirming the conclusion and performance of contracts, arising from the applicable national laws.
      The Company and any of its affiliates are subject to various legal obligations pursuant to statutory (e.g. laws of the financial sector, anti-money laundering and combatting the financing of terrorism laws, tax laws) and regulatory requirements (e.g. requirements of any regulatory authority).
      This cover our processing of your Personal Data for compliance with applicable laws such as the applicable legislation on Know-Your-Customer (“KYC”) and anti-money laundering and combatting the financing of terrorism (“AML/CFT”), compliance with requests from or requirements of local or foreign regulatory enforcement authorities, tax identification and reporting (where applicable) and any other exchange of information regime to which we may be subject to from time to time.
    4. PURPOSE: Clients’ verification, LEGAL BASIS: (i) Client’s data Art. 6.1.b) of GDPR, (ii) Personal Data of persons indicated by the Client for contact purposes Art. 6.1.f) of GDPR
      Processing period: Customer verification period.
      Before concluding and during the performance of a contract, the data of the client, subcontractor, supplier, service provider or partner with whom the Company undertakes cooperation, and the data of persons indicated by these entities for contact purposes, will be processed for the purpose of verification of the Client, which may be carried out by sending a survey/questionnaire regarding the Client for completion or by verifying the data and financial situation of the Client in publicly, available public registers or by entities specializing in the clients verification.
      Personal Data of persons indicated by the Client will be processed to pursue AI’s legitimate interests, namely performance of contracts and protection of AI’s rights.
      After the implementation of this processing purpose the Personal Data will be further processed for the purpose (i) fulfilment of the legal obligation to prepare and retain documents (ii) confirmation the fulfilment of obligations, and exercise or defence of legal claims.
    5. PURPOSE: confirming the fulfilment of obligations and exercise or defence of legal claims, LEGAL BASIS: Art. 6.1.f) of GDPR
      Processing period: the period of performing the relevant obligations and the statutory period of limitation of claims.
      Personal Data entered into any electronic form, made available under a contract or made accessible otherwise to the Company may be processed for purposes related to retention of information or documents confirming the fulfilment of obligations by the Company and for the purpose of exercising or defending any legal claims by the Company. This applies in a situation where you are a party to the contract, where your employer or business partner is a party to the contract, or where the Company was required, on whatever basis, to perform a service for you or to exercise your rights.
      If this is the case, your Personal Data will be processed to pursue the AI’s legitimate interests, namely the executing of rights, confirming the fulfilment of obligations and receiving due remuneration.
      You have the right to object to such processing of your personal data in accordance with the Section 6.
    6. PURPOSE: reply to your inquiry, LEGAL BASIS: Article 6.1.a) of GDPR
      Processing period: until you cancel your inquiry (withdraw consent).
      If you fill out a contact form or submit an inquiry otherwise (for instance, by email, telephone or social networking site), then you consent to being contacted with regard to your request or inquiry. To withdraw consent, please use the contact details given in the Section 1. Your consent may be withdrawn at any time; its withdrawal will not, however, affect the lawfulness of data processing prior to the consent being withdrawn, but such withdrawal will result in a lack of reply to your inquiry.
    7. PURPOSE: cooperation with a partner of the Company, LEGAL BASIS: Article 6.1.f) of GDPR
      Processing period: the period of performing the relevant obligations and the statutory period of limitation of claims, or until your objection submitted under Article 21 of GDPR is granted.
      If you are interested in a product or service distributed through the Company’s partners, your Personal Data will be made available to a dedicated partner. This applies if you are a potential or existing client of our Company, and if your employer or business partner is/will be a party to a contract with the Company.
      If this is the case, your Personal Data will be processed to pursue the AI’s legitimate interests, namely the performance of contracts, business growth and development of a network of partners.
      You have the right to object to such processing of your Personal Data in accordance with the Section 6.
    8. PURPOSE: business contacts, LEGAL BASIS: Article 6.1.f) of GDPR
      Processing period: until your objection submitted under Article 21 of GDPR is granted.
      Contact data entered into any electronic form, made available under an applicable contract or made accessible otherwise, may be processed for business contact purposes.
      Business contacts include, without limitations running contacts regarding ongoing negotiations, performance of the contract, sending to you an offer, invitations to a meeting or event organized by the Company or other marketing activities addressed to you by a representative of the Company. As part of this purpose of processing Personal Data, you may occasionally receive information about services or activities of AI and other information related to the activities of the Company.
      You have the right to object to such processing of your Personal Data in accordance with the Section 6.
    9. PURPOSE: newsletter, LEGAL BASIS: Article 6.1.a) of GDPR
      Processing period: until you unsubscribe from the newsletter (withdraw consent).
      If you give your consent to receiving a newsletter from the Company, your email address will be used to send you AI’s newsletter. The newsletter will be sent to you with the frequency determined by the marketing department to ensure you have access to up-to-date information on the offering and activities of the AI, and other information regarding our business.
    10. PURPOSE: organisation and promotion of events, LEGAL BASIS: in the case of direct notification Article 6.1.b) of GDPR performance of contracts, or taking steps prior to the conclusion of the contract, (ii) in the event of notification by the employer or other entity - Article 6.1.f of GDPR- realization of the legitimate interest of the Company which is the performance of concluded contracts, realization of obligations and promotion through the organization of events.
      Processing period: the period of performance of the organizer's obligations.
      In the case of signing up for a conference, webinar or any other event organised by the Company, the Personal Data of participants and speakers will be processed in order to organize the event and for contacts related to this event (before, during and after the event, including sending post-conference/event materials) and possible settlements.
      After the implementation of this processing purpose the data will be further processed for the purpose (i) fulfilment of the legal obligation to prepare and retain documents (ii) confirmation the fulfilment of obligations, and exercise or defence of legal claims.
      You have the right to object to such processing of your Personal Data in accordance with the Section 6.
    11. PURPOSE: contacts with the media and media promotion of the activities, products and services of the Company, LEGAL BASIS: Article 6.1.a) of GDPR
      Processing period: until you express a wish to discontinue contacts (withdraw consent).
      In the case of journalists, editors, reporters and other persons involved in journalism, Personal Data will be processed for the purpose of maintaining contacts between representatives of the Company and the media, and to promote the activities, services and products of AI in the media. In particular, this may include informing the media of important events, activities, products and services, as well as achievements of the Company.
      The contact with a representative of AI will be treated as the consent to such contacts. If you consent to such contacts, your consent is voluntary and may be withdrawn at any time. To that end, please use the contact details given in the Section 1. Withdrawal of your consent will not affect the lawfulness of data processing before its withdrawal.
    12. PURPOSE: Post-conference/event contact, LEGAL BASIS: Art. 6.1.f) of GDPR
      Processing period: until your objection submitted under Article 21 of GDPR is granted.
      Personal Data of event participants obtained from them directly during an event (e.g. by leaving a business card) or made available to the Company by an event organizer may be used for the purpose of sending presentation materials related to the subject of AI business and inquiries for consent for further contacts.
      If this is the case, your Personal Data will be processed to pursue the Company’s legitimate interests, namely the business development, client acquisition, marketing and sales of products and services, as well as building and strengthening business relationships.
  3. Categories of Personal Data concerned

    In particular, the Personal Data the Company processes about you may include:
    • identification data (e.g. name, e-mail, postal address, telephone number, country of residence, passport, identity card, driving license, tax identification number, bank account details, source of wealth and invested amount);
    • electronic identification data (e.g. IP addresses, traffic data);
    • personal characteristics (e.g. date of birth, marital status);
    • banking and financial data (e.g. financial identification, financial situation, risk profile, investment objectives and preferences);
    • employment and occupation (e.g. employer, function, title, place of work, specialisation);
    • tax-related data;
    • communications (e.g. exchange of letters/e-mails with you);
    • images and sound (e.g. copies of identifications documents).
    The Company processes the Personal Data mainly received through the business relationship with you. AI receives the Personal Data either directly from you or through the investment advisors, depositary or any service providers. AI also may receive the Personal Data under contracts with Clients and by representatives of the Company in connection with services, sales or marketing activities (for instance, as part of business meetings or correspondence, conferences or other events, tenders, negotiations, etc.).
  4. Methods of processing and disclosure of Personal Data

    The processing of Personal Data will be carried out using appropriate tools to ensure security and confidentiality and may be carried out with the help of manual, computerised and electronic tools for storing, managing and transmitting Personal Data.
    To achieve the purposes indicated above, it might be necessary for the Company to communicate your Personal Data to the following categories of recipients:
    1. Independent data controllers and data processors: a party acting on the Company’s behalf (such as service providers), including their respective advisers, auditors, delegates, agents and service providers; persons acting on behalf of investors, such as payment recipients, beneficiaries, account nominees, intermediaries, correspondent and agent banks, clearing houses, clearing or settlement systems, etc. Those parties shall process the data in their capacity as independent data controllers, or as data processors appointed, pursuant to Article 28 of the GDPR, by the Company.
    2. Authority: as may be required or authorized by law (including but not limited to public administrative bodies and local or foreign public and judicial authorities, including any competent regulators).
  5. Duration of the Personal Data Processing

    If not described in Section 2 of this Privacy Notice, Personal Data will be stored for a period of time strictly connected to the pursuing of the single purposes for which the data have been collected; in any case the criteria used to determine the aforementioned storage period of data is based on the respect of the data storage periods stated by law and by principles stated by article 5 of GDPR. For the aforementioned purposes, some data may be retained even after the end of activities in your comparisons for the time necessary to comply with contractual and legal obligations. Luxembourg law relating to anti-money laundering for example requires that documents be retained for a period of five or ten years (depending of the specific processing) after the relationship has come to an end.
  6. Rights of the Clients and Users

    Each Client or User has:
    1. a right to request the Data Controller access to his/her personal information processed by or on behalf of the Data Controller;
    2. a right to have the Data Controller rectify his/her Personal Data if they are incorrect or incomplete;
    3. a right to request the erasure of his/her Personal Data in accordance with the provisions of article 17 of the GDPR including in the following situations
      1. where the Personal Data is no longer necessary in relation to to the purposes for which they were collected
      2. the Data Subject objects to the processing of its data and there are no overriding legitimate grounds for the processing, and
      3. the data has been unlawfully processed;
    4. a right to request a restriction of the processing of his/her data in accordance with the provisions of article 18 of GDPR;
    5. a right to object to the processing of his/her data;
    6. a right to lodge a complaint with the Commission Nationale pour la Protection des Données (“CNPD”) in Luxembourg and the relevant authority of the Member State in which the Data Subject resides or works in accordance with the provisions of article 77 of the GDPR;
    7. a right to receive the Personal Data concerning him/her or to request that it be transmitted to another data controller, when feasible, in accordance with the provisions of article 20 of GDPR.
    At any time, every user will be able to exercise his/her rights by sending an email to privacy@asia-impact.com. We may amend this Privacy Notice from time to time. Please, visit the website www.asia-impact.com to ensure that you are always up to date about all processing activities and our compliance with applicable Data Protection Legislation.
  7. Transfer of Data outside Europe

    Personal Data may be transferred to other companies or entities, where such transfer is necessary for the maintenance of records, administration or provision of services to the Company as specified in Section 2. Your Personal Data is processed by the Company within the territory of the European Union and, if necessary, for technical or operational reasons, the Company reserves the right to transfer your Personal Data to countries outside the European Union subject to the existence of European Commission "adequacy" decisions, or on the basis of adequate guarantees, or on the specific exceptions provided by the applicable law.
  8. Further Information

    The Company reserves the right to make changes to this Privacy Notice at any time and without prior notification. The examples contained within this Notice are illustrations and are not intended to be exclusive. You may have additional rights under other foreign or domestic privacy laws in addition to those that are described above. If you have any questions about this Privacy Notice, please email us at privacy@asia-impact.com.
Last update September 2023