Privacy Policy

INTRODUCTION

This Privacy Policy (hereinafter the ‘Privacy Policy’) applies to the Asset Class Website and Investor Portal (hereinafter the ‘Digital Platforms’) belonging to Explorer Investments, and has been created for the purpose of publicising Explorer Investments' handling of the personal data of Users of said Platforms. 

The availability of Users’ personal data implies the knowledge and acceptance of the conditions contained in this Privacy Policy. By using the Digital Platforms, you agree to the collection and use of your information as set out in this Privacy Policy.

The terms used here have the meaning given to them in This Privacy Policy is complemented by the Terms and Conditions of Use, which complement this Cookies Policy.

RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA

The entity responsible for processing the personal data collected through the Digital Platforms is Explorer Investments, legal 506454584, headquartered in Largo Jean Monnet, n.º 1 – 8.º, 1269-068, in Lisbon, with the telephone number (+351) 213 241820. 

Users may contact Explorer Investments for any matter regarding the processing of their personal data referred to in this Privacy Policy, as well as the exercise of their rights mentioned therein, by e-mail to compliance@explorerinvestments.com or by letter to the address of Explorer Investments. 

PERSONAL DATA COLLECTED AND PURPOSE

Access to and use of Digital Platforms does not imply the provision of personal data by the User. However, the use of certain features of the Website implies making available personal data by the User. 

Such data will be treated by Explorer Investments to: 

  1. Contact request: personal data will be processed, with your consent, to manage the contact established and provide clarifications and information requested by the User; 
  2. Application: personal data will be processed, for the purposes of pre-contractual due diligence, for the management of your application 

LEGAL BASIS FOR PROCESSING

The processing of personal data will be based on one of the following grounds:

  1. The User’s consent, if based on a User’s request for contact, or
  2. Carrying out pre-contractual procedures at the request of the holders and management of recruitment processes., if based on the submission of an application.

RECIPIENTS OF PERSONAL DATA

Explorer Investments may communicate the User’s personal data to:

  1. Entities contracted for the provision of services that comprise the purpose referred to above, as well as the maintenance of Digital Platforms, entities that will process the data only upon instructions from Explorer Investments and in accordance with the subcontracting agreements closed.
  2. Third parties have to comply with the legal obligations or court orders to which Explorer Investments is subject.

MAINTENANCE OF PERSONAL DATA

Explorer Investments will retain Users' personal data only for the period necessary for the purpose for which they were collected. However, if there is a specific legal requirement, it may retain Users' personal data for longer periods.

USER´S RIGHTS OVER THEIR PERSONAL DATA

Users, as owners of their personal data, have the following rights:

i) Right of access: Users have the right to request from Explorer Investments information regarding the processing of their personal data and, if requested, a copy of their data in the process of being treated.

ii) Right of rectification: in the case of incomplete or wrong data, Users have the right to request their rectification.

iii) Right of deletion: Users have the right to request the deletion of their personal data subject to processing by Explorer Investments. However, this right is limited in certain situations, as for example, when the treatment of this data was to be necessary to comply with legal obligations to which Explorer Investments is subject or whenever it was necessary for the purpose of a declaration, the exercise or defence of a right in judicial proceedings.

v) Right to limitation: Users have the right to ask Explorer Investments to limit the treatment of their personal data or suspend processing activities in cases where:

a) Users who dispute the accuracy of their personal data can do so for a period that allows Explorer Investments to verify its accuracy.

b) The processing is unlawful, and the data subject opposes the deletion of personal data and requests, in return, the limitation of its use

c) The processing may no longer be necessary to Explorer Investments, but the data is required by Users for the purposes of declaration, exercise of or defence in a judicial process.

d) Users who have presented an opposition to the treatment of their data, until Explorer Investments’ or third parties’ legitimate interests are verified, prevail over those of other Users. 

v) Right to portability: Users have the right to receive their personal data, provided through a contract or based on consent, in a structured format, commonly used and machine-readable. They also have the right to have their data transmitted to another controller of their treatment, were it to be technically possible.

vi) Right of opposition: Users have the right to object to the processing of their personal data in cases where the processing of their data is carried out on the basis of the legitimate interests of Explorer Investments, except in cases where Explorer Investments presents compelling and legitimate reasons that prevail over the rights of the holders.

vii)Automated individual decisions and profiling: Users have the right to not be subject to any decision taken exclusively in automated processing, including profiling, which has effects on their legal sphere or affects them significantly.

viii) Users also have the right to lodge a complaint with the National Data Protection Commission if they believe that their rights to their personal data have been infringed.

In connection with a request to Explorer Investments regarding any of the above-mentioned rights, Users may be asked to prove their identity in order to ensure that the sharing of personal data is only done with the respective holder. The exercise of their rights is free of charge, except in cases of manifestly unfounded or excessive claims, in which cases a reasonable fee may be charged in view of the costs.

In connection with a request to Explorer Investments regarding any of the above-mentioned rights, Users may be asked to prove their identity in order to ensure that the sharing of personal data is only done with the respective holder. The exercise of rights is free of charge, except in cases of manifestly unfounded or excessive claims, in which cases a reasonable fee may be charged in view of the costs.

SECURITY

Explorer Investments will apply its best efforts to protect the confidentiality of User’s personal information. However, due to the development of the internet, the constant changes in technology and to other factors outside their domain, cannot ensure that communications between Users and Digital Platforms will be exempt from unauthorized third-party access. It is the responsibility of Users to ensure that the devices and equipment used to access Digital Platforms are adequately protected against harmful software, computer viruses and worms.

Explorer Investments accepts no responsibility for disclosure of personal information caused by errors in the transmission or unauthorized or unlawful acts of third parties.

ACCEPTANCE OF THESE TERMS

By using this Digital Platforms, you agree to the collection and use of your information as set out in this Privacy Policy. If Explorer Investments changes our privacy policy in any way, those changes will be posted on this website.

UPDATES AND CHANGES

Explorer Investments may update or change this Privacy Policy, so we advise that you regularly consult our Policy.

LAW AND FORO

This Privacy Policy is governed by Portuguese law and all disputes that may relate to it must be resolved by the courts of the district of Lisbon.

Date: november 2024