1. Introduction

Cookies are small data files that the website sends and stores in the user's browser, so that the website can check the previous activity of the brower. The main purpose of the cookies is to obtain user data that can be used for the supply of specific services, for advertising or as a basis for the development of improvements as well as new products and services.

It is important that the use of cookies is carried out always respecting the privacy of the users. That is why before requesting the user's consent, he must obtain transparency on the information about the use of these, and about the treatment of his personal data.

2. Use of the cookies

Incus Capital may use the personal data collected by our cookies in order to analyze the behavior of the users of the Website and to offer more personalized content and offers. These cookies will be collected in accordance with Incus Capital Advisors, S.A.'s data protection policy.

3. Consent and management of the cookies

The user shall have the right to request from the data controller access to the personal data concerning the data subject, and their rectification or deletion, or the limitation of their processing, or to oppose to the processing, as well as the right to the portability of the data.

If the user wishes to accept cookies, he/she must simply click on 'accept'.

If the user does not wish to accept cookies, he/she may refure them or set the browser to disable cookies from our website.

Cookies Policy

Privacy Policy

1. Introduction

This document ("General Privacy Policy") sets out the general rules which govern the processing of personal data by Incus Capital Advisors, S.A. ("Incus Capital") and the companies of its group.

Warning: Please consider that if you provide us with third parties' personal data, you must have previously informed them of their inclusion and the terms of this General Privacy Policy and requested their express consent in writing. You will be personally liable to Incus Capital for any harm and/or loss caused in the event of breach. 

Incus Capital is committed to the correct processing of persona data; therefore, Incus Capital (i) only collects the minimum data necessary for the right performance of its professional activity, (ii) has adopted appropriate measures to guarantee confidentiality and proper preservation; (iii) does not store personal data for longer than strictly necessary to fulfill the purpose(s) for which they were collected; (iv) has the necessary data processing contracts in force and always acts following the documented instructions of the data controller; (v) complies with the obligations of the data controller (duty of information, etc.) when it has such a condition; (vi) has internal policies regarding data protection and information security apart from this document (i.e., record of processing activities; protocol of response to the exercise of rights by the interested parties; security measures document; action protocol in case of security breaches; policy for the use of devices and access to personal data and confidential information by employees, other members of the company and the companies of the organization, Incus Capital France SAS, Sagasta Finance STC, S.A., and Incus Capital Italy S.r.l., and third-parties, etc.)

2. Who is the data controller?

Incus Capital Advisors, S.A., with corporate address at paseo de la Castellana, 60, 6ª planta, 28046 Madrid (Spain) and VAT number A86327616. You may contact Incus Capital's Data Protection Officer at dataprotection@incuscapital.com.

3. What personal data and how do we collect your personal data?

Incus Capital may collect from you the following personal data: name, surname, ID number, passport number, bank account number, postal address, email address, phone number, date of birth, CV content (professional, educational and personal background) image, voice, IP address, personal data you provide to us by accepting the installation of cookies, and any other personal data you want to provide us through the means described below (jointly referred as "personal data").

Incus Capital may collect and process personal data in the following cases:

a) When you use the Website (as this term is defined in the User Conditions which can be viewed at this link: http://www.incuscapital.com/terms-of-use and in accordance with the privacy policy available at https://www.incuscapital.com/private-policy and when you accept the installation of cookies (this term is defined in the Cookies Policy available at https://www.incuscapital.com/private-policy).

b) When you communicate with Incus Capital or the companies of its group, (by mail, e-mail or telephone) using the contact details provided for in the Website, our presentations or business cards.

c) When you provide personal data, directly or indirectly, to Incus Capital or the companies of its group, as a consequence of a contractual relationship (either in your condition of employee, collaborator, client, external supplier or any other derived from the ordinary activity of Incus); or even because of a precontractual relationship (as examples, considering labor matters, the candidate who sends his/her CV to Incus Capital or the companies of its group; or considering the ordinary activities of Incus Capital, the personal data which could be provided at the non-binding stage of the negotiation proceeding of an eventual investment transaction.)

d) When Incus Capital acts as data processor for a data controller (e.g.., investment funds) following the documented instructions of the data controller set forth in the corresponding data processing agreement.

e) Incus Capital may also obtain data using external sources of information such as official journals and gazettes, public registries, public administration's resolutions, telephone directories, list of persons registered with professional associations, official lists for fraud prevention, social network and Internet, or third companies to whom you have given your consent to the transfer of your data.

4. Legal bases and purposes of processing your personal data

There are several legal bases for processing your personal data:

a) When you use the Website and when you accept the installation of cookies the legal basis for personal data processing is your express consent.

b) When you communicate with Incus Capital or the companies of its group, (by mail, e-mail, or telephone) using the contact details provided for on the Website, our presentations or business cards, the legal basis for your personal data processing is your express consent.

c) When you provide personal data, directly or indirectly, to Incus Capital or the companies of its group, as a consequence of a contractual relationship the legal basis of the personal data processing is the execution of the agreement.

d) When Incus Capital acts as data processor for a data controller (e.g.., investment funds) following the documented instructions of the data controller set forth in the corresponding data processing agreement.

e) When you provide personal data as a consequence of a precontractual relationship (as examples, considering labor matters, the candidate whi send his/her CV to Incus Capital or the companies of its group; or considering the ordinary activities of Incus Capital, the personal data which could be provided at the non-binding stage of the negotiation proceeding of an eventual investment) the legal bases for the data processing is your express consent, the duty to fulfill legal obligation(s) by Incus Capital and Incus Capital legitimate interest.

f) When Incus Capital acts as a data processor for a data controller (e.g.., investment funds) the legal basis for data processing is fulfilling Incus Capital's legal obligations.

g) When Incus Capital obtains personal data using external sources of information such as official journals and gazettes, public registries, public administration's resolutions, telephone directories, lists of persons registered with professional associations, official lists for fraud prevention, social networks and internet, or third companies to whom you have given your consent to the transfer of your data. In these cases, the legal bases for data processing are Incus Capital's duty to fulfill a legal or contractual obligation and/or Incus Capital legitimate interest(s).

In general, your personal data will be collected and processed solely and exclusively to maintain the relationship with Incus Capital or any of the companies of its group. For example, your personal data may be used as a point of contact, and to send, at your request, information within the scope of the professional activities conducted by Incus Capital; or just to answer any questions sent through the channels provided for on the Website. Incus Capital also needs your personal data to execute agreements entered into with you. Incus Capital may process your personal data also to comply with applicable legal and tax regulations (e.g.., anty-money laundering and terrorism financing prevention regulations). For any specific purpose different from the above we will ask first for your prior consent.

5. For how long do we store your personal data? 

Incus Capital will process your personal data only for as long as this is necessary for fulfilling the purpose(s) that the data were collected for. Therefore, Incus Capital will process your data for as long as the relationship continues and, if applicable, if you do not withdraw the consent provided for data processing (when that is possible). When personal data are not required for the purpose for which they were collected and until they are deleted, they will be retained duly blocked. This data retention period may last up to 10 years since the relationship ends and/or the agreement entered into you terminates, just to address any liabilities or requests from competent authorities. If you require further information about the about our data retention periods or exercise your right to erasure, please contact our Data Protection Officer at dataprotection@incuscapital.com. 

6. Transfer of personal data and security

Incus Capital will not transfer personal data to third parties unless strictly necessary to manage and maintain the relationship with Incus Capital, always with your prior authorization (given in the corresponding agreement or by any other half reliable mean). In particular, only those third parties to whom Incus Capital is contractually or legally bound will have access to your personal data, except for administrative, judicial authorities and any other competent authorities that require Incus Capital to provide your personal data.

As a general rule, Incus Capital stores all personal data in servers within the European Union. If such servers are managed by third parties, they are always contractually bound with Incus Capital, subject to European data protection regulations and duly certifies to process personal data on its behalf with appropiate security measures.

Considering that Incus Capital is a company with international presence, Incus Capital may exceptionally transfer your data to the companies of its group which are based abroad the European Union, but only (i) with your prior express consent; (ii) to fulfill the same purposes described in Section 4; (iii) havin previously adopted the necessary measures to guarantee personal data security and integrity and compliance with a security level adjusted to conform the European Data Protection regulations (i.e., Standard Contractual Clauses, etc.)

Confidentially is an essential principle for Incus Capital. Hence, Incus Capital has adopted security measures to guarantee a secure data processing and has implemented technical and organizational measures to ensure a level of security depending on the risk, including, as appropriate: (a) the pseudonymisation and encryption of personal data; (b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; (d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

7.  How to exercise your data protection rights or ask a question 

You may exercise your data protection rights (access, rectification, erasure, restriction of processing, portability, objection and any other granted by legislation) by sending (a) written notice to Incus Capital, S.A., paseo de la Castellana, 60, 6ª planta, 28046 - Madrid (Spain), or by sending and email to dataprotection@incuscapital.com. You can also file a claim before the competent data protection authority, in Spain available at www.aepd.es.

 

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