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ORANGE GROWTH CAPITAL PRIVACY POLICY

1. Who are we?

We are Orange Growth Capital (OGC). This privacy policy applies to the following OGC entities:

OGC Partners B.V., OGC Growth Fund I C.V.. OGC Dutch ICT Fund B.V., OGC General Partners B.V., OGC Feeder GP B.V., OGC Growth Fund I Feeder C.V., OGC Co-invest B.V. and OGC Carry B.V. All established at Concertgebouwplein 9, 1071 LL Amsterdam, the Netherlands.

 

Hereinafter, we will refer to all these entities together as “we”, “us”, “OGC entities” or “OGC”. In the context of OGC’s activities, all of the abovementioned entities collect, hold, disclose and/or otherwise process personal data for different purposes within the investment process, as set forth in this privacy policy. Should you wish to be provided with more information about the specific data processing activities that are carried out by each individual OGC entity, please let us know (you may find our contact details at the end of this privacy policy in paragraph 10).

Pursuant to applicable data protection and privacy legislation, all of the abovementioned OGC entities qualify as (independent) data controller with respect to the personal data that they process.

 

2. We know your privacy is important to you

We value your right to privacy and strive to protect your personal data in accordance with applicable data protection legislation and more specifically with the General Data Protection Regulation (“GDPR”) and the Dutch GDPR Implementation Act (Uitvoeringswet Algemene Verordening Gegevensbescherming).

In this Privacy Policy we set forth how we collect your personal data, how and for what purposes we may use your personal data and to whom your personal data may be disclosed by us. Further, this Privacy Policy includes important information regarding your rights with respect to the processing of your personal data. Therefore, we encourage you to read this Privacy Policy very carefully.

From time to time, we may need to change this Privacy Policy. If so, we will inform you accordingly. The most recent version of this Privacy Policy is available on our website www.ogc-partners.com.

We encourage you to regularly review this Privacy Policy. You may also ask us to send you a copy of the most recent version of this Privacy Policy.

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Attention: By investing in (any of) the OGC entities, receiving investments from (any of) the OGC entities and by sharing your personal data with (any of) the OGC entities, you acknowledge that your personal data will be processed in the manner as described in this Privacy Policy.

Note: It is our obligation to ensure that all individuals whose personal data we process are aware of and understand the information in this Privacy Policy. However, in certain cases, we do not have any direct contact with such individuals for which reason we rely on you to provide the information on our behalf. Therefore, where you provide personal data to (any of) the OGC entities, which personal data relate to another individual than yourself (for example, when you send us a passport copy of an authorized representative of your company), please ensure that this individual is aware thereof and is referred to this Privacy Policy prior to providing us with his/her personal data.

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3. Whose personal data do we collect?

In the context of our services, we collect personal data relating to (contact persons of) our investors or contact persons, key personnel and co-investors of the businesses we invest in.

 

4. How do we collect personal data relating to you?

We may collect information about you in various ways:

  • Directly from you, for example in the case you are a (contact person of) our investor and you provide us with your personal data through subscription agreements, FATCA or CRS forms or when you reach out to us via email; or

  • Indirectly from other sources, for example, through the due diligence where information on key personnel and co-investors is requested by us and pursuant to an agreement with the company where the data subject works, from public records, from third parties who have external databases which we purchase to combine this information with personal data that we have collected ourselves.

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5. What personal data do we collect and for what purposes do we use your personal data?

 

We collect the following information about you and we use it for the following purposes: 

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Personal data:

Legal Ground and Purposes of the processing:

Your identification details (such as a copy of your passport), contact information (name, address, telephone number, email address or other contact details), function/position/title, financial information, bank account numbers and fiscal information (e.g. Tax Identification Numbers (TIN)).

To comply with our (pre-)contractual obligations towards investors or other contracting parties, which follow for example from the Limited Partners Agreement in line with AIFMD,  Shareholders and/or Debt agreements and/or supplier agreements we entered into with you.

To comply with our legal obligations (e.g. our fiscal, regulatory and accounting related obligations).

For our legitimate interests

  • For investor administration purposes;

  • For investee administration purposes;

  • For the administration and management of intermediaries;

  • For the administration and management of payment of invoices or capital calls and  to collect debts or equity/other financial interests;

  • To communicate with our investors/investees and other data subjects;

  • To improve our services and the quality thereof; and

  • To protect our assets and business.

  • To make decisions about selecting you as an investor/investee or otherwise to make decisions regarding investments; and

  • To complement information you provided to us and to meet our legal obligations to do so (e.g. TIN numbers or sanctions lists).

We can also obtain your identification details and/or contact information and information regarding whether you are on a sanction list via external databases which we purchase from companies such as World-check. We combine this information with the data we have collected from you, in order to obtain more complete or accurate information.

6. With whom do we share your personal data?

In the context of the purposes as listed above, we may share your personal data with third parties, such as service providers we use (e.g. IT service providers, accountants, auditors, lawyers, fiscal authorities and regulators).

We will ensure that, where relevant, contractual safeguards are implemented to ensure the protection of your personal data when disclosing your personal data to a third party. For example, we will enter into data processing agreements with our data processors (providing for restrictions on the use of your personal data and obligations with respect to the protection and security of your personal data).

The parties to whom we disclose your personal data as referred to above may be located in countries outside the European Economic Area (EEA), which countries may offer a lower level of data protection than in the Netherlands. For example, such shall be the case in the following situation: to comply with FATCA requirements, we transfer your personal data to the Dutch tax authority (Belastingdienst). The Dutch tax Authority shares this personal data with the Internal Revenue Service (IRS), in case this is mandatory.

In such case, it shall be ensured that adequate measures are taken to ensure adequate protection of your personal data in accordance with applicable data protection legislation. More specifically, we will implement the following measures: we enter into the EU Standard Contractual Clauses where appropriate (a copy of which can be obtained from us via the contact details below).

Your personal data and/or personal profiles shall not be rented, nor sold to third parties without your prior explicit consent.

 

7. How long do we store your personal data?  

Your personal data will not be stored for longer than is necessary in relation to the purposes for which we process them (we refer to the purposes as listed above in paragraph Error! Reference source not found.). We will in principle delete your personal data ultimately within 8 years after our client relationship has ended. Only where we are legally obliged to, or where this is necessary for defending our interests in the context of judicial proceedings (e.g. in case of a dispute), we will store the personal data for longer periods.  

 

8. How do we protect your personal data?

We have implemented the necessary administrative, technical and organisational measures for ensuring a level of security appropriate to the specific risks that we have identified. We protect your personal data against destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed. More specifically, we use passwords and antivirus software and we have one central digital depository of information which can only be accessed by authorized personnel. Our physical information is behind lock and key.

Further, we seek to ensure that we keep your personal data accurate and up to date. In view thereof, we kindly request you to inform us of any changes to your personal data (such as a change in your contact details).

 

9. What are your rights and how can you exercise them?

You have the right to:

 

  • information about and access to your personal data;

  • rectify your personal data;

  • erasure of your personal data (‘right to be forgotten’);

  • restriction of processing of your personal data;

  • object to the processing of your personal data;

  • receive your personal data in a structured, commonly used and machine readable format and to (have) transmit(ted) your personal data to another organization.

 

To read more about these rights, and circumstances under which you can use these rights, in particular your right to object, please click here: www.ogc-partners.com. 

 

Finally, you have the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or another competent supervisory authority relating to the processing of your personal data by us.

 

10. Contact

If you have any questions, comments or complaints in relation to this Privacy Policy or the processing of your personal data by any of the OGC entities listed above, please feel free to contact us at by regular mail at the attention of Reinier Musters, Director, at Concertgebouwplein 9, 1071 LL, Amsterdam, the Netherlands, by email via reinier@ogc-partners.com or by phone: +31630718681.

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