Privacy Policy

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1. General

1.1 This is the privacy policy of the SI² Fund, Cooperative Company with Limited Liability (CVBA) with registered offices in Belgium at Jozef II-straat 20, 1000 Brussels, registered in the Crossroads Bank for Enterprises under number 0847.884.027 (“SI² Fund”). SI² Fund acts as the controller of your personal data, which it can obtain (i) directly from you, or (ii) indirectly through third parties such as your employer, your organization, on line and off line research, subcontractors, affiliated entities (which consists of (a) the controlling undertaking of SI² Fund, (b) the undertakings controlled by SI² Fund, (c) the entities that fall within the scope of article 11 of the Belgian Companies Code, (d) associations of which SI² Fund is a member), contracting parties.

1.2 SI² Fund is a European social impact investment fund that focusses specifically on businesses that have an integrated impact/business model. SI² Fund offers social investors access to qualitative impact-driven entrepreneurs and the opportunity to help scale social impact on the long-term, alongside a fair financial return. SI² Fund operates in Belgium, the Netherlands and the United Kingdom.

1.3 SI² Fund can at any moment modify this privacy policy. We advise to consult it regularly.

2. Legal Framework

2.1 This privacy policy is subject to privacy legislation, a.o.:

I. the Belgian Data Protection Act of 8th December 1992 on the protection of privacy in relation to the processing of personal data (as amended) (the “Privacy Act”); and/or

II. 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”); and/or

III. All other applicable legislation regarding the protection of privacy and the processing of personal data;

(together or separately “Privacy Legislation”).

3. Purpose

3.1 SI² Fund can process personal data in accordance with the Privacy Legislation and this privacy policy, in order to:

I. achieve the purpose and exercise its activities, as described in article 1.2; and/or

II. provide direct marketing regarding its activities such as alerts on new documents and studies, updates, newsletters, info brochures, emails, marketing materials, invitations to events such as conferences, exhibitions, launches, seminars and workshops and other information that may be useful to you; and/ or

III. execute the contract(s) that have been concluded with you or with your employer or organization you are a member of; and/or

IV. better understand your needs and preferences in order to adjust its services hereto; and/or

V. acquire statistical data; and/or

VI. inform third parties (e.g. subcontractors, affiliated entities or contracting parties); and/or

VII. comply with applicable legislation.

(together or separately the “Purpose”).

4. Legal basis and applicability

4.1 SI² Fund has the following legal grounds for the processing of personal data:

I. the contract you have entered into with SI² Fund regarding one of its activities as set out in article 1.2; and/or

II. your free, specific, informed and unambiguous consent to SI² Fund, its partners (e.g. subcontractors, affiliated entities or contracting parties) to process your personal data. You can give your consent by any means, such as, but not limited to mail, email, an online or offline consent form or orally; and/or

III. a legal obligation; and/or

IV. a legitimate interest of SI² Fund.

4.2 Providing your personal data to SI² Fund and/or entering into a contract with SI² Fund, implies that you:

I. declare that you are fully informed about this privacy policy and that you fully accept this privacy policy without any reservation; and

II. give your free, specific, informed and unambiguous consent to SI² Fund to process or have processed your personal data in accordance with this privacy policy and the Privacy Legislation.

4.3 As a consequence, you expressly grant SI² Fund permission to use your personal data to accomplish the Purpose set out under article 3.

4.4 This privacy policy is not necessarily applicable to services, activities or products of third parties to which can be referred and which may apply a different privacy policy.

5. Personal data

5.1 The personal data SI² Fund can process are, amongst others, but not limited to: first name, name, email address, phone number, photo, birth date, gender, company, position, language.

5.2 By agreeing to this privacy policy, you guarantee that the personal data you have provided, are complete and correct.

5.3 By agreeing to this privacy policy, partners which provide personal data of third parties (e.g. their employees, their members, board members, staff, subcontractors, contracting parties) to SI² Fund guarantee that (i) these personal data have been lawfully obtained and (ii) that the partner is authorized to transfer these personal data to SI² Fund. The partners agree that they comply with the Privacy Legislation. The partners will indemnify SI² Fund against, hold SI² Fund harmless against and shall compensate SI² Fund for all claims that would result from non-compliance with the abovementioned guarantees and Privacy Legislation.

6. Transfer of personal data to third parties

6.1 SI² Fund guarantees that it does not transfer your personal data to third parties, unless:

I. there is a legal obligation to transfer the personal data;

II. to its partners (e.g. subcontractors and contracting parties for the achievement of the Purpose, to i-propeller NV, Shaerpa Fund Management, Oksigen Lab, Oksigen Impactholding or its other  affiliated entities); or

III. SI² Fund has a legitimate interest to do so.

6.2 SI² Fund will not sell personal data to third parties.

6.3 Third parties to whom SI² Fund may, or is obliged to, transfer personal data on the basis of the above categories, can be located within or outside the European Union. The personal data may thus be transferred to companies or authorities of non-EU countries. SI² Fund cannot be held responsible regarding such transfer of personal data and cannot be liable for the further processing of the personal data by third parties.

7. Storage period

7.1 SI² Fund stores the personal data for as long as is necessary to achieve the Purpose.

8. Your rights

8.1 The Privacy Legislation provides you with a number of rights in relation to your personal data. You have the right, free of charge:

I. to have access to and receive a copy of your personal data;

II. to have your personal data corrected in case errors occur;

III. to have your personal data erased in case:

A. your personal data are no longer necessary to achieve the Purpose;

B. you withdraw your consent and there is no other legal ground for the processing of the personal data;

C. you object to the processing of the personal data and there is no other legal ground for the processing of the personal data;

D. the personal data have been unlawfully processed;

E. there is a legal obligation to erase the personal data;

IV. to have the processing of your personal data restricted;

V. to have your personal data transferred to a third party;

VI. to object against the processing of your personal data, in particular the processing in light of direct marketing purposes;

VII. to withdraw your consent pursuant to which SI² Fund is allowed to process your personal data;

VIII. to lodge a complaint with the Commission for the Protection of Privacy (“Privacy Commission”) if you are of the opinion that the processing of your personal data breaches the Privacy Legislation.

8.2 In case you want to exercise the above rights, and provided you prove your identity, you can send a written, dated and signed request by ordinary mail to SI² Fund, Jozef II-straat 20, 1000 Brussels, Belgium or by email to info@si2fund.com.

8.3 By agreeing to this privacy policy, partners that provide personal data of third parties (e.g. their employees, their members, board members, staff, subcontractors, contracting parties) guarantee that they will inform the aforementioned data subjects regarding the abovementioned rights and how to exercise these rights.

9. Security

9.1 SI² Fund commits to take (or have) all reasonable measures (taken) to its best ability to safeguard the protection of the personal data through technical safety measures and an appropriate safety policy for its employees. The personal data are stored by SI² Fund, or, if applicable, by the processor of the personal data. You acknowledge and accept that the transfer and storage of personal data is never without risk and consequently, SI² Fund cannot be held liable for the damages that you may suffer from the unlawful use of your personal data by third parties.

10. Liability

10.1 SI² Fund can solely be held liable for damages which directly result from the processing of your personal data due to a fault or negligence of SI² Fund. In any event, SI² Fund cannot be held liable: (i) in circumstances of force majeure and/or (ii) for any indirect or consequential damages and/or (iii) for damages that result from errors, faults or negligence by you or third parties. The total amount of SI² Fund’s liability for breaches of this privacy policy and/or Privacy Legislation cannot exceed 1,000 euro (thousand euro).

11. Severability

11.1 If any provision in this privacy policy is deemed to be unlawful or unenforceable, such provision shall be amended by SI² Fund and yourself insofar as necessary in order to make it lawful or enforceable, while retaining the original meaning of that provision as much as possible.

11.2 Whenever possible, the provisions of this privacy policy shall be interpreted in such a manner as to be valid and enforceable under the applicable law. However, if one or more provisions of this privacy policy are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this privacy policy shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein.

12. Applicable law and competent court

12.1 You agree that all disputes between you and SI² Fund regarding personal data and privacy issues, are exclusively subject to Belgian law, excluding any conflict of law principles.

12.2 Every dispute regarding personal data and privacy issues should be submitted to the exclusive jurisdiction of the Dutch speaking courts of Brussels, Belgium, excluding any other court.