Privacy Policy
1. Who are we?
1.1. This privacy policy (“Privacy Policy”) describes how the Fund (hereafter “We”, “us” or the “Fund”),
acting as controller, may collect, use, share, and otherwise process personal data, whether online
or offline and when interacting with data subjects.
1.2. We value your right to privacy and make every effort to protect your personal data in accordance
with applicable data protection law, including the General Data Protection Regulation (EU) 2016/679
("GDPR") and national implementing legislation. In this Privacy Policy, we explain what personal data
we collect from you, for what purposes we will process this data, on what legal basis we base this
processing, to whom your personal data may be transferred, how long we keep your data, how we
protect your data and what rights you have in relation to the processing of your personal data.
1.3. All concepts not explicitly defined in this Privacy Policy, have the same meaning as in the GDPR.
2. From whom do we collect data?
2.1. The Fund may process the personal data of the following data subjects:
2.1.1. Visitors and users to the website https://www.mpa.capital/ (“Visitors”) (the “Website”) which is
administered by the Fund, as well as visitors to the Fund’s offices and premises.
2.1.2. Representatives in portfolio companies in which the Fund has made or is considering making an
investment (“Portfolio Companies Representatives");
2.1.3. Suppliers of goods or services, investment bankers, consultants, lawyers, accountants, and other
third-party providers interacting with the Fund, and their representatives ("Suppliers and Service
Providers");
2.1.4. Business partners interacting with the Fund in relation to their business activities, and their
representatives ("Partners");
2.1.5. Representatives of investors and former investors who have made or are considering making an
investment in the Fund (“Investors”) / (candidate) shareholders of the Fund ("(Candidate)
Shareholders");
2.1.6. Applicants that apply for a position with the Fund, either online or offline ("Applicants"); and
2.1.7. Any other individuals about
3. Which personal data do we process?
3.1. The Fund processes the following types of personal data about data subjects when they interact
with the Fund, either online or offline, including:
3.1.1. Individual Basic Data (such as name, birth date, address, etc.);
3.1.2. Business Data (such as name of organization, registered office, department and job title);
3.1.3. Contractual Data (such as date of agreement, type of commercial relationship, etc.);
3.1.4. Investments and financial Data (such as transactions effected, information on capital calls and
distribution notices, bank account numbers, account balances, investment information, etc.);
3.1.5. Compliance Data: including but not limited to government identifiers, passport or other information
regarding identification, individual beneficial ownership data and other "Know Your Customer" due
diligence data; and
The Fund also collects the following types of Personal Data regarding specific categories of data subjects:
3.1.6. Partner Data: information that the Fund collects, generates and receives from or about (potential)
Partners or their representatives, including income, assets, other financial information, bank details,
investment history, tax residency and tax identification information;
3.1.7. Investee Data: information that the Fund collects, generates or receives from or about (i) (potential)
portfolio companies in which the Fund has made or is considering making an investment, or (ii)
Portfolio Companies Representatives;
3.1.8. Supplier Data: information such as history of purchase, invoicing details, payments history,
evaluation and feedback and other information that the Fund receives from or about its (potential)
suppliers or their representatives or that is generated in relation to products and services the
Fund acquires from them;
3.1.9. (Candidate) Investor or Shareholder Data: information that the Fund collects, generates and receives
from or about its (Candidate) Shareholder(s) and their representatives, including information
provided in an identification and verification form such as name, contact details, place and date of
birth, national registry number (as required by law), bank account details;
3.1.10. Applicant Data: information provided by Applicants in connection with employment opportunities,
including professional qualifications and experience, skills, preferences, motivation, interests, as well
as any information that may typically be found on a curriculum vitae; and
Where a data subject (a Visitor) uses the Fund’s Website, the Fund may collect information the data subject’s
visit using cookies and similar technologies as described in the Fund’s Cookie Policy. When legally required,
the data subject’s prior consent will be collected through appropriate cookie consent form or banner on the
Website.
4. For which purposes do we process your personal data?
4.1. We may use the aforementioned personal data for the following purposes:
- (1) Managing commercial and contractual relationship with data subjects, for payment and invoicing
and/or to answer a data subject's questions about the Fund’s activities;
- (2) Managing business operations, administering investments in shares of the Fund, issuing and
redeeming shares, carrying out the Fund’s business activities and administering Portfolio
Companies/Supplier/Partner/(Candidate) Shareholder relationships, as well as discussing
fundraising initiatives with (Candidate) Shareholders, preparing reports and performing investor
servicing functions);
- (3) Providing Data Subjects with information about the Fund’s business activities, sharing reports
and other information relevant to Data Subjects, by email or other communication means;
- (4) Addressing compliance and legal obligations, such as checking the identity of data subjects in
relation to know-your-client procedures (which include anti-money laundering procedures, counterterrorist
financing procedures, politically-exposed-person checks and sanctions checks);
- (5) Considering individuals for employment and contractor opportunities and manage recruitment
processes;
- (6) Ensuring safety and security at the Fund’s premises;
- (7) Promoting and informing existing customers and subscribers about similar services through
electronic communications, such as sending information about new services and activities, survey
requests, newsletters and events via email;
- (8) Promoting and informing legal entities through electronic communications directed at a nonpersonal
email address, e.g. info@sales or sales@ (B2B communications);
- (9) Fulfilling other legitimate purposes disclosed to data subjects at the time they provide personal
data or as otherwise permitted or required to comply with applicable laws and regulations.
​
The Fund may process personal data in line with the abovementioned processing purposes on the basis of
the following legal grounds.
- The processing of personal data is necessary for the performance of a contract - or to take steps
prior to entering into a contract - between the Fund and the relevant data subject;
- The processing of personal data is necessary for compliance with a legal obligation to which the Fund
is subject;
- The processing of personal data is necessary for the purposes of the legitimate interests pursued by
the Fund or by a third party and those interests are not overridden by the data subject's interests
and fundamental rights and freedoms. Such legitimate interests include measures to administer the
relationship with data subjects, managing the Fund, establishing, exercising or defending the legal
rights of the Fund, operating intended mergers and acquisitions, preparing reports in relation to the
Fund’s activities; and
- In specific circumstances, the processing of personal data can be based on the data subject's freely
given, specific, informed and unambiguous consent.
​
In accordance with the GDPR, we process your personal data on the basis of the following legal grounds:
- We base the processing of personal data for (1) and (2) on the necessity for the performance of the
contract we have concluded with the data subject or in order to take steps at the request of the data
subject prior to entering into a contract, (art. 6.1 b) GDPR), in particular the applicable subscription
agreement or negotiations or exploratory discussions with a view to the conclusion of a subscription
agreement.
- We base the processing of personal data for (3) on the necessity for the purposes of the legitimate
interests pursued by the controller or by a third party (art. 6.1 f) GDPR).
- We base the processing of personal data for (4) on the necessity for compliance with a legal
obligation (art. 6.1 c) GDPR).
- We base the processing of personal data for (5) on the necessity for the performance of the contract
or in order to take steps at the request of the data subject prior to entering into a contract, in
particular entering into an employment or service agreement (art. 6.1 b) GDPR). We base the
processing of personal data for (6) and (9) on the necessity for the purposes of the legitimate
interests pursued by the controller or by a third party (art. 6.1 f) GDPR).
- We base the processing of personal data for (7) and (8) on the necessity for the purposes of our
legitimate interests (art. 6.1., f) GDPR), namely to promote our services and activities. When we
process your personal information for our legitimate interests, we make sure to consider and
balance any potential impact on you (both positive and negative), and your rights under data
protection laws. Our legitimate business interests do not automatically override your interests - we
will not use your personal data for activities where our interests are overridden by the impact on
you (unless we have your consent or are otherwise required or permitted to by law). You can easily
unsubscribe at any time via the link at the bottom of the relevant electronic communication
message.
5. With whom do we share your personal data?
5.1. The Fund will only grant access to personal data on a need-to-know basis, and such access will be
limited to the personal data that is necessary to perform the function for which such access is
granted.
5.2. For the purposes identified under article 4 of this Privacy Policy, personal data may be shared with
the following third parties (“Third Parties”):
- The Fund’s trusted third party service providers (acting on our behalf and as per our
instructions, as processors), such as IT and cloud services providers and other service providers
providing services on behalf of the Fund related to the management of the funds managed by
the Fund, as well as other third parties acting as controllers such as accountants, statutory
auditors, internal auditors, depositary banks, fund reporting tools services providers, attorneys,
fiduciaries and financial institutions; and
- certain third parties in the event of a merger, acquisition, sale of assets, joint venture, or any
other transaction that results in a change in control or ownership of the Fund, in whole or in
part; or in the event of a corporate reorganization, bankruptcy, insolvency proceeding, or
similar circumstance, if permitted by and done in accordance with applicable law.
5.3. When transferring personal data to Third Parties, we always ensure that we implement appropriate
technical and organisational protection measures. Where necessary, we will, for example, conclude
a transfer agreement or a processor agreement, which sets out restrictions on the use of your
personal data and obligations in respect of the security of your personal data.
5.4. To the extent that your data is transferred in the context of this article to countries outside the
European Union which do not provide an adequate level of protection for your data, the Fund will
ensure that the companies to which your data is transferred do provide an adequate level of
protection. In particular, we have concluded Standard Contractual Clauses (SCC) with them. The
Fund guarantees to always verify, on a case-by-case basis, whether an adequate level of protection
is in place for transfers to third countries.
6. How long do we store your personal data?
6.1. We do not keep your personal data longer than necessary for the purposes for which it is collected
and processed (as described above), unless shorter or longer retention periods apply under
applicable law, including applicable statute of limitation for invoicing, payment, accounting, tax and
regulatory compliance, and the establishment, exercise or defense of legal claims.
6.2. The Fund may retain a data subject's personal data relating to a specific job application and selection
process to which such data subject participated for a period of 5 years following the selection
process.
7. How do we secure your personal data?
7.1. We take appropriate technical and organisational measures to ensure a level of security appropriate
to the specific risks we have identified.
7.2. We thus protect your personal data as best as we can against the destruction, loss, alteration or
unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
We restrict access to personal data about you to those employees who need to know that
information for the abovementioned processing purposes. More information on our security
measures is available upon request.
7.3. The Fund protects and secures the personal data it collects and stores about you. However, please
remember that no data storage or data transmission is guaranteed to be 100% secure. Thus, while
we strive to protect your personal data, the Fund cannot ensure or warrant the security of any
information you transmit to us.
8. What rights do you have as a data subject?
8.1. Withdraw your consent at any time: you have the right to withdraw consent where they have
previously given their consent to the processing of your personal data.
8.2. Object to processing of your personal data: you have the right to object to the processing of your
personal data if the processing is carried out on the legal basis of a legitimate interest, including
profiling. You also have the right to object to the processing of your personal data for direct
marketing purposes. This right is absolute - we will always comply with it.
8.3. Right to access: You have the right to obtain confirmation from us as to whether or not we are
processing your personal data, to obtain access to that personal data and how and why it is being
processed, as well as to receive a copy of that data.
8.4. Right to rectification: You have the right to obtain a correction of your personal data or to request
that we complete your personal data if you notice that we are processing incorrect or incomplete
data about you.
8.5. Right to erasure: You have the right to obtain data erasure in certain specific cases.
8.6. Right to restriction: You have the right to have the processing of your personal data restricted in
certain specific cases.
8.7. Right to data portability: You have the right to obtain the personal data you have provided us with
in a structured, commonly used and machine-readable form, and to transfer that personal data (or
have it transferred) to another controller.
8.8. You may exercise the above rights by sending an e-mail to benoit@mpa.capital or in the case of the
right to object to direct marketing also via the opt-out link included in our marketing e-mails. The
exercise of these rights is in principle free of charge. Only in case of unreasonable or repeated
requests may we charge a reasonable administrative fee. We always try to answer your requests or
questions as quickly as possible. It is possible that we will first ask you for proof of identity in order
to verify your identity. For further information and advice on the above rights, please visit the
Application of the Data Protection Authority: www.gegevensbeschermingsautoriteit.be. In addition
to the above rights, you also have the right at any time to lodge a complaint with the Data Protection
Authority in connection with the processing of your personal data by us. You can contact the
authority at contact@apd-gba.be or by mail at the following address:
Gegevensbeschermingsautoriteit
Drukpersstraat 35
1000 Brussel
9. References to other websites
9.1. Our Website may contain links to other sites that are not operated by us. If you click on a third-party
link, you will be redirected to that third-party site. We strongly recommend that you review the
Privacy Policy of each site you visit.
9.2. We have no control over, and assume no responsibility for, the content, privacy policies, or practices
of any third-party websites or services
10. Changes to privacy policy
10.1. From time to time it may be necessary to amend this Privacy Policy. When we post changes to the
policy, we will change the "last updated" date at the top of the document. The most recent version
of this Privacy Policy will be available on our website at all times.
11.Contact
11.1. If you have any questions or concerns regarding this Privacy Policy or our processing of your personal
data, you may contact us at:
Cantersteen 12,
B-1000 Brussels.