Privacy Policy

Data Protection & Privacy

Your privacy is important to us, and we are committed to protecting your personal data. Our role towards certain personal data may be that we collect certain personal data or process certain personal data that is controlled by our clients. Our commitments in both cases can be found in respectively the Privacy Notice and the Data Processing Protocol.

Data Processing Protocol

The Data Processing Protocol is applicable in the situation where we may process certain personal information of which our client or client entities are the controller. It sets, among others, out the principle of confidentiality, the security practices and technical and organizational measures that Auxilium Trust N.V. (hereinafter: “Auxilium”) has put in place.

Please find our full Data Processing Protocol below.

 

Data Processing Protocol

 

This Data Processing Protocol (the “Protocol”) shall apply between Auxilium and the Client Entity (“Client”) it is servicing, where Auxilium may process Personal Data, of which the Client is the Controller.

The Protocol forms part of any agreement in place between Auxilium and the Client (the “Service Agreement”).

 

1. Definitions

Where this Protocol uses terms which are defined in the 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 the “GDPR”), then the definitions set out in that Regulation shall apply.

“Client” shall mean the company, trust, foundation, any other form of legal entity, partnership, or unincorporated business, set up, to which Auxilium provides any service at the request or instruction of such entity and/or its group members; and

“Auxilium” shall mean the relevant Auxilium group compan(y)/(ies) that have concluded a Service Agreement with the Client.

“Personal Data” shall mean personal data as defined in Clause 4 GDPR, which Auxilium processes as a Data Processor in the course of providing services to Client.

2. Scope of the Protocol

2.1 Auxilium shall only process the Personal Data on the instructions of the Client and in accordance with the provisions of this Protocol and associated Service Agreement(s). Auxilium confirms that it will not process the Personal Data for its own use or any other purposes other than as provided for under this Protocol. Auxilium shall immediately inform the Client if, in its opinion, an instruction infringes the GDPR or other Union or Member State data protection provisions.

2.2 Auxilium will have no control over the purposes of processing the Personal Data.

2.3 The GDPR and any other applicable privacy laws apply to this Protocol and anything not specifically mentioned in this Protocol shall be governed by the GDPR and any other applicable privacy laws.

3. Confidentiality

3.1 Auxilium, and any person authorized to process Personal Data on its behalf, receiving the Personal Data from the Client pursuant to the Service Agreement, will exercise at least the same degree of care with respect to Personal Data with which Auxilium protects its own Personal Data of the same or similar nature.

3.2 Auxilium shall not communicate the Personal Data to or put the Personal Data at the disposal of third parties without the Client’s prior written consent thereto unless (a) it is required to do so by mandatory law or regulation or ordered to do so by a competent authority or (b) pursuant to Clause 9.

3.3 Auxilium will only use or reproduce the Client’s Personal Data to the extent necessary to it to fulfil its obligations under the Service Agreement.

 

4. Security Practices, Procedures and Technical and Organisational Measures

4.1 Auxilium shall implement appropriate commercially reasonable technical, physical and organisational security measures to protect Personal Data from misuse and/or accidental, unlawful and/or unauthorized destruction, loss, alteration, disclosure, acquisition and/or access and against all other unlawful forms of Processing in accordance with adequate internal instructions adopted by Auxilium. Auxilium will ensure a level of security suitable (taking into account the state of the art and the costs of implementation of such security) in relation to the risks and the nature of the personal data to be protected to the identified risks and pursuant to applicable Data Protection Laws and, where the Processing concerns personal data of EU residents or in case GDPR applies, shall take all measures required pursuant to article 32 GDPR. Where local laws prescribe specific instructions and measures to be adopted for the purposes of this article, local laws will be applied.

4.2 In fulfillment of Auxilium’s obligation to demonstrate compliance with this paragraph 4.1, Auxilium will make available a description of its technical and organization measures. It may from time to time also make, at its discretion, reference to certificates, third party audit reports or other relevant information.

4.3 Client shall provide Auxilium with thirty (30) calendar days advance notice of any audit request, which may be at the client’s expense. Client may not engage in an audit which would compromise confidentiality obligations towards any other clients and customers of Auxilium, access to non-public external reports, supplier internal pricing information, Auxilium confidential information and/ or any internal reports prepared by Auxilium’s internal audit function. If the client wishes to nominate another auditor to undertake the audit, it shall ensure that the auditor enters into a confidentiality agreement with Auxilium in such form as Auxilium shall reasonably require. Any liability, indemnity and all obligations under this contract shall also remain with the client, even if it nominates another auditor. The client warrants that any auditors are suitably qualified to undertake such an exercise.

 

5. Duration of processing of the Personal Data

5.1 Auxilium will process the Personal Data for as long as it provides services to the Client and will hold the Personal Data in archive after that date to the extent necessary for legitimate business purposes or for bona fide compliance purposes.

5.2 Client may instruct Auxilium to delete or return Personal Data at the end of the period during which Auxilium will process such Personal Data. Auxilium shall be authorized to keep a copy to the extent required for legal, regulatory or bona fide compliance purposes, as well as the exercise or defense of legal claims for as long as is legally required for such purposes. Auxilium will delete such Personal Data at the end of such period.

 

6. Data Breach Incident

6.1 Auxilium will without undue delay notify the Client whenever Auxilium becomes aware that there has been a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data processed by Auxilium in the context of this Protocol that is likely to result in a high risk to the rights and freedoms of a data subject ("Data Breach Incident"). Auxilium will investigate the Data Breach Incident, and take necessary steps to eliminate or contain the impact of the Data Breach Incident.

6.2 Auxilium shall maintain written procedures which enable it to provide an immediate response to the Client about a Data Breach Incident.

7. Transfer of Personal Data

The Client confirms that Auxilium may transfer personal data to its affiliates and subprocessors inside and outside the European Economic Area (EEA) for purposes of servicing, support, back-up or any other legitimate interest Auxilium may have to transfer personal data in order to fulfil its obligation(s) as per the relevant Service Agreement(s). Auxilium confirms that it has established safeguards to protect Personal Data transferred to countries outside the EEA that are, as a minimum, in accordance with the relevant Standard Contractual Clauses as approved by the European Commission.

 

8. Rights of Data Subjects

8.1 Upon instruction of the Client, Auxilium will cooperate:

a) in providing access to data subjects whose Personal Data are being processed via the provision of the services by Auxilium;
b) in deleting or correcting their Personal Data;
c) demonstrating that their Personal Data have been deleted or corrected if they are incorrect, or, if the Client disagrees with the point of view of the Data Subject, recording that the Data Subject is of the opinion that the Personal Data is incorrect;
d) in restricting the processing of personal data as per Article 18 GDPR;
e) protecting the rights of data subjects to its best advantage;
f) in exercising his or her right to data portability to another data controller pursuant to Article 20 GDPR and where technically feasible; and
g) with the Client when a data subject exercises his or her right to object in accordance with Article 21 GDPR.

8.2 Notwithstanding Clause 8.1, Auxilium shall not be obligated to delete copies of Personal Data that we hold as Controller or Processor, to the extent where further processing is required in order to comply with a legal obligation to which Auxilium is subject or for the establishment, exercise or defense of legal claims.

8.3 The Client has the responsibility to provide the data subject with the information necessary to ensure fair and transparent processing in respect of the data subject (as set out in Article 14.1 of the GDPR or any similar provision under other applicable Data Protection Law). Where further processing of the personal data is required, for a purpose other than that for which the personal data were obtained, the client shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in Article 14.2 of the GDPR or any similar provision under other applicable Data Protection Law).Auxilium shall not be held responsible if not aware of such information not being provided to the data subject.

8.4 Auxilium shall not correct, delete or restrict data to be processed on behalf of the Client in an unauthorized manner. Should a Data Subject contact Auxilium directly in this context, Auxilium shall forward this request to the Client without undue delay.

9. Subprocessors

Client agrees that Auxilium may use subprocessors to provide support to the services under the Service Agreement. Auxilium shall remain primarily responsible for the performance of its obligations under this Protocol and shall ensure that its agreements with such subprocessors are at least as restrictive as this Protocol. Auxilium may change or add subprocessors from time to time, which changes shall be announced via an update of this Protocol. The client shall consult the Protocol regularly in order to be kept informed of such changes and may, within a reasonable period of time, object to the such changes.

 

10. Modification or amendment

Any amendment to this Protocol shall be published on the website of Auxilium but shall not reduce or otherwise limit the rights of the Client.

11. Assistance to Client compliance with Articles 32 to 36 GDPR

Auxilium shall assist Client in ensuring compliance with its obligations pursuant to Articles 32 to 36 taking into account the nature of processing and the information available to Auxilium.

12. Applicable Law and Jurisdiction

This Agreement is governed by the applicable law of the Service Agreement and any dispute in respect of this Agreement or execution thereof shall be submitted to the Auxilium entity servicing the Client and before the competent court as defined in the Service Agreement.

Annex 1 - Description of processing of personal data

1. Subject Matter, Nature and Purpose

All processing activities (including the collection, organization and analysis of personal data) as are reasonably required to facilitate or support the provision of the services described under the Service Agreement.

 

2. Categories of data subjects:

The Data Subjects may include individuals that represent the Client, that are advising the Client, that are in any contractual or statutory relationship with the Client, or that the Client has collected in view of its servicing towards such individuals or are otherwise connected to such individuals.

Most commonly the Data Subjects will include: (1) employees, contractors or other workers of the Client and/or their family members, representatives or others connected with workers and (2) past, existing or prospective clients and/or contractual counterparties of the Client, and/or their employees or other individuals connected with them, and/or their family members, representatives or others connected with them.

 

3. Types of personal data:

The services under the Service Agreement may involve the processing of the following types of Personal Data:

 

  • names and contact information;

  • general demographic information (such as gender, age, date of birth, marital status, nationality, employment details, residence, utility bills, etc.);

  • personal identification documentation and related information such as passport numbers and employee identification numbers;

  • financial and payment data such as bank account numbers and transaction information;

  • details of shareholdings and other assets which are legally or beneficially owned by the data subject;

  • details of people and organisations which may be connected to the data subject (by family or otherwise);

  • information related to the provision of the services performed under the Service Agreement or per the services provided by the Client to such individuals.

 

Privacy Notice

The Privacy Notice sets out what personal data we collect and how we collect and use it. It also sets out the rights you have in relation to the Personal Data.
Please find our full Privacy Notice below.

 

Auxilium Privacy Notice, May 2018

 

About Auxilium, introduction

This Privacy Notice is issued by Auxilium N.V. (Penstraat 254 – Unit 19, Willemstad, Curacao) and applies to Auxilium N.V. (with same registered office) and to its direct or indirect subsidiaries (hereinafter “Auxilium”)

Auxilium understands that your privacy is important. Therefore, we respect and protect your right to privacy and will process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and other applicable privacy laws.

The GDPR and any other applicable privacy laws apply to this Privacy Notice and anything not specifically mentioned in this notice shall be governed by the GDPR and any other applicable privacy laws. 

This Privacy Notice explains how we may use, process and store your personal data.

What kind of personal data do we collect?

Personal data means any information relating to an identified or identifiable natural person. Auxilium collects and processes the following types of personal data: 

 

  • name, address, email address, telephone number and other contact information;

  • date and place of birth;

  • nationality;

  • gender;

  • employment details;

  • marital status;

  • copies of identity documents (such as passport, national ID cart, driver’s license, employee identification numbers);

  • source of wealth;

  • utility bills, bank statements;

  • tax residency:

  • details of shareholdings and other assets which are legally or beneficially owned by the data subject;

  • details of people and organisations which may be connected to the data subject (by family or otherwise) 

 

Please note that the list is not exhaustive and that Auxilium may also collect and process personal data to extent this is useful or necessary for the provision of our services.

 

How does Auxilium collect personal data?

Auxilium obtains and processes personal data in different ways.

 

  • Personal data provided to Auxilium directly;

We collect personal data directly from (prospective) clients, business partners and intermediaries for the purposes of entering into a contract or a service agreement and/or to meet certain legal requirements.

 

  • Personal data obtained from third parties;

We also collect and process personal data from publicly accessible sources such as internet, social networks, World-Check or commercial registers. Furthermore we may receive personal data from third parties as part of the service we provide to you or to people which are connected to you (including but not limited to organisations in which you have a shareholding or by which you are employed) or in connection with legal requirements that are applicable to us.

 

How does Auxilium use personal data?

The majority of the personal data processed by Auxilium is necessary for the performance of a contract to which the data subject is a party or to comply with the request of the data subject prior to entering into a contract. Auxilium also processes personal data in order to comply with our legal and regulatory obligations.

We may furthermore process personal data for the purposes of the legitimate business interests pursued by Auxilium. Such legitimate interests include general research and development (including statistical research or as a basis to analyze our current security measures), administration of our business and systems, including IT, billing and invoicing systems or to develop and improve our services or to strengthen our relationship with you. We may provide you with communications or information regarding our service offering which we think will be interesting for you. When we process your personal data for our legitimate business interests, or where consent to process personal data was received, we will consider and balance any potential impact on you and your rights under the relevant data protection and any other relevant law. Whenever we process personal data for these purposes you have the right to object to this way of processing.

 

To whom does Auxilium provide personal data?

Auxilium may disclose or transfer personal data collected by Auxilium to our group companies insofar as reasonably necessary for the purposes of our service offering or for bona fide compliance purposes as well as on the legal basis as set out in this Privacy Notice.

Except as described in this paragraph, Auxilium will not disclose, transfer or sell your personal data to any third party unless you have consented to this.

Auxilium may disclose or transfer personal data to subcontractors, intermediaries or external advisors for the purpose of the proper performance of the services we provide to our clients. It may, for example, disclose or transfer such personal data to third party service providers who provide administrative, computer, payment, data processing, debt collecting or other services. We enter into data processing agreements with such subcontractors to ensure that they process your data, on our behalf, with the same level of security and confidentiality as applied by Auxilium. Auxilium may furthermore disclose or transfer personal data when we received your consent to do so.

In addition Auxilium may disclose or transfer personal data to protect our rights or those of our clients and/or to prevent fraud. Auxilium can also be obliged to disclose or transfer personal data to competent authorities in order to comply with our legal and/or regulatory obligations.

 

Data storage

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.

 

Retention

Auxilium will process and store the relevant personal data for the duration of our services or for the duration of the business relationship. Auxilium may also store the data for as long as it is necessary or required in order to fulfill legal, contractual or statutory obligations and, or for the establishment, exercise or defense of legal claims, and in general where it has a legitimate interest for doing so.

 

Your rights

You have the following rights:

  • Access to your information

You have the right to access the personal information that Auxilium holds about you at any time.

  • Data portability

You may ask Auxilium to provide you with a copy of the personal information that Auxilium holds about you.

  • Correction of your personal information

You have the right to ask Auxilium to update and correct any out-of-date or incorrect personal information that we would hold about you.

  • Deletion of your personal information (the right to be forgotten)

You have the right to ask Auxilium to delete your personal information, to the extent that Auxilium has no legal and/or regulatory obligations to keep such personal information.

  • Restriction of processing of your personal information

You have the right to ask Auxilium to restrict the processing of your personal information in case:

a. You contested the accuracy of the personal information held by Auxilium;
b. The processing is unlawful but you objected to the deletion of the personal data and requests the restriction of the use instead;
c. Auxilium no longer needs the personal data for the purposes of the processing, but you require them for legal reasons;
d. You objected to processing and Auxilium is investigating whether there are legitimate grounds to override your objection.

  • Automatic decision making

Auxilium generally does not make decisions by purely automatic means, but if we do, you have the right to object.

  • Object

You have the right to object at any time to the processing of your personal data for any direct marketing (and related profiling) by Auxilium.

If you wish to exercise any of the above rights, you can contact Auxilium using the below contact details.

 

info@auxiliumtrust.com

+5999 690 90 44 / +316 51 202 474 / +297 569 23 66


In addition you have the right to make a complaint with the local supervisory authority with respect to the way Auxilium is processing your personal data or the way Auxilium is handling your rights.

 

Navigation and Cookies

Please note that Auxilium is the controller of personal data collected through the Auxilium website (the “Website”).

Auxilium collects personally-identifiable information on certain areas of the Website when users register, request publications or other information, sign up for conferences and events, apply for jobs, and participate in user posting areas, such as bulletin boards, discussion forums, and surveys. The personally-identifiable information collected may consist of information that you provide, such as names, mailing addresses, e-mail addresses, telephone and fax numbers, and, for recruiting purposes, any other personally-identifiable information on your resume.

The Website also uses cookies to identify you and your interests and to track usage of the website. Cookies are small pieces of text stored on your computer that help us know which browser you are using and where you have been on the Website and on websites to which you may link in order to use some of our features. By accepting our cookie, you will be permitted access to certain pages of the Website without having to log in each time you visit. A user who does not accept the cookie from the Website may not be able to access certain areas of the Website. Auxilium also logs IP addresses, or the location of computers on the Internet, to help diagnose problems with our server and to administer the Website. If you prefer not to accept a cookie, you can set your web browser to warn you before accepting cookies, or you can refuse all cookies by turning them off in your web browser.

Please read the following notice to learn more about the cookies and third-party cookies that are used on the Auxilium website and how to refuse the cookies.

Cookie notice

Who we are

The pages on the website (“the Website”) are published by Wix.com Ltd. (“Wix”), a company headquartered in Tel Aviv, Israel, on behalf of Auxilium Trust N.V., a company registered in Curacao with company registration number 88275, whose registered address is at Penstraat 254 - Unit 19, Willemstad, Curacao (“Auxilium”).

 

What are cookies?

When you visit Auxilium’s Website, Wix uses cookies to maintain your connection to the Website. A cookie is a small file of letters and numbers that is stored on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

Cookies help Wix to provide you with a good experience when you browse the Website and also allow Wix to improve the Website. By continuing to browse the Website, you are agreeing to the use of cookies. If you do not agree to the use of cookies, please stop using the Website immediately.

 

The cookies which are used

Wix uses the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of the Website. They include, for example, cookies that enable you to log in to secure areas of the Website.

  • Analytical/performance cookies. These allow Wix to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way the Website works, for example, by ensuring that users are finding what they are looking for easily.

  • Functionality cookies. These are used to recognise you when you return to the Website. This enables Wix to personalise content for you and remember your account preferences.

 

Third-party cookies

Please note that third parties (including, for example, providers of external services such as web traffic analysis services) may also use cookies, over which Wix and Auxilium have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. The types of third-party cookies that might be used include:

Google Analytics

The Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies (text files placed on your computer) to help website operators analyse how users use the site. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

 

How to refuse the use of cookies

You may refuse the use of cookies by selecting the appropriate settings in your browser. However, if you do this you may lose some useful functionality such as personalisation and “keep me signed in” and “remember me” features.

 

How to disable cookies in your browser.

 

How we protect personal data?

Auxilium is committed to ensuring the security of your personal data. Auxilium takes appropriate commercially reasonable technical, physical and organisational measures to prevent unauthorised or unlawful processing of your personal data or accidental loss or destruction of your personal data. Auxilium will ensure a level of security suitable to the identified risks and pursuant to applicable Data Protection Laws and, where the Processing concerns personal data of EU residents, shall take measures required pursuant to article 32 GDPR.

Employees of Auxilium are trained to handle personal data securely and with utmost respect and they will treat your personal data strictly confidential. Staff members shall be authorized to access personal data only to the extent necessary to serve the applicable legitimate purposes for which the data are processed by Auxilium and to perform their job.

Auxilium will not divulge client information to a third party unless we have received explicit client authorisation or we are required to do so by law.

 

Changes to this notice

Auxilium may update this Privacy Notice from time to time. We advise you to periodically review this Privacy Notice to be informed of how Auxilium is protecting your privacy.

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