“Controller" has the meaning set forth in the Regulation (EU) 2016/679 (“GDPR”); “EEA" means the European Economic Area, which is currently composed of the following thirty-one (31) countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and United Kingdom;
“Monaco” means the Principality of Monaco;
“GDPR" means Regulation (EU) 2016/679;
“Silverback" means Silverback Multi-Family Office S.A.M. “Personal Data" or “Personal Information" has the meaning set forth in the GDPR;
“Process" or “Processing" means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, acquisition, holding, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction;
“Processor" has the meaning set forth in the GDPR;
“Sensitive Data" or “Sensitive Personal Information" is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding individuals located in the EEA or in Monaco that is classified as a “Special Category of Personal Data” under European Union or EEA member state law, which consists of the following data elements:
(1) race or ethnic origin;
(2) political opinions;
(3) religious or philosophical beliefs;
(4) trade union membership;
(5) genetic data;
(6) biometric data where processed to uniquely identify a person;
(7) health information; and
(8) sexual orientation or information about the individual’s sex life. “Supervisory Authority” means an independent public authority established in a local country within the European Union or in Monaco pursuant to GDPR Article 51. “Supervisory Authority Concerned" means a Supervisory Authority which is concerned with the Processing of Personal Information because: (a) the Controller or Processor is established on the territory of the member state of that Supervisory Authority; (b) data subjects residing in the member state of that Supervisory Authority are substantially affected or likely to be substantially affected by the Processing, or (c) a complaint has been lodged with that Supervisory Authority.
“Third Party" is any natural or legal person, public authority, agency, or body other than the Data Subject, Silverback, or Silverback’s agents.
The types of Personal Information we may collect (directly from you or Third Parties) depend on the nature of the relationship that you have with Silverback and the requirements of applicable law. We collect only information relevant for the purposes of Processing. We do not engage in automated decision making when processing your Personal Information. Below are the legal bases for Processing Personal Information, some of the ways we collect information and how we use it.
Information Silverback collects from or on behalf of its Clients includes title, name, address, phone number, email address, business or company affiliation, username, government identification (driver’s license, passport), credit card, and other financial information related to payments for services or goods and other details Clients may provide. In certain Client engagements, we may collect employee and other information of our Clients, as well as employee or other Personal Information of others who have a relationship or otherwise interact with our Clients (e.g., in the context of Client investments, mergers, acquisitions, or disputes).
We Process Personal Information about or on behalf of Clients for a variety of business purposes, including but not limited to:
providing advisory services;
generally managing Client information;
responding to questions and requests;
providing access to certain areas and features of the Sites;
verifying Client identity;
communicating about Client accounts and activities on the Sites and systems and, at Silverback’s discretion, changes to any Silverback policy;
tailoring content, publications, and advertisements and offering what we believe may be of interest to Clients;
processing transactions and payments for services purchased by Clients;
improving Silverback’s Sites and systems;
developing new services; and
further purposes disclosed at the time that Clients provide Personal Information, or otherwise with consent.
The information Silverback collects from its Suppliers relates to the management of these relationships and the exchange of requested products and services. Such information may include title, name, address, phone number, email address, invoicing and other payment information, and agreements executed with Silverback.
We Process Personal Information about Suppliers for a variety of business purposes, including but not limited to:
generally managing Supplier information;
responding to questions and requests;
providing access to certain areas and features of the Sites; verifying Supplier identity;
communicating about Supplier accounts and activities, including activities on Silverback Sites and systems, and, in Silverback’s discretion, changes to any Silverback policy;
processing payments for products or services purchased by Silverback;
improving Silverback Sites and systems;
developing new products, processes and services;
processing applications and transactions; and further purposes disclosed at the time Suppliers provide Personal Information, or otherwise with the consent of the Supplier.
If you visit our office, we may collect Personal Information about you, including, but not limited to, your title, name, address, phone number, email address, business or company affiliation, government identification (driver’s license, passport), and other details you provide. We Process this information for a variety of purposes, including to verify your identity, to provide access to Silverback’s facilities and systems, for security and other safety purposes, to communicate with you regarding your visit, to provide the information we believe may be of interest to you, including regarding Silverback’s services, and for purposes disclosed at the time you provide Personal Information, or otherwise with your consent.
If you submit Personal Information via our Sites, or otherwise to inquire about or apply for a position at Silverback, we will process such Personal Information solely for the purposes of considering applications and recruitment (and for purposes of our administration or management if you commence work for Silverback) and not to market to you.
Social Media Activities
Silverback may collect Personal Information to enable Data Subjects to use online social media resources, which may include posting or sharing Personal Information with others.
When using these resources, you should consider what Personal Information you share with others.
Information from Third-Party Sources
Silverback may collect information about you from Third-Party sources to supplement information provided by you. This supplemental information allows us to verify or supplement the information that you have provided to Silverback and to enhance our ability to provide you with information about our business and services. Silverback’s agreements with these Third Parties typically limit how Silverback may use this supplemental information.
Direct Mail, Email and Other Forms of Electronic Communication
Clients and Suppliers that provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, mailings, or other forms of electronic communication from us with information on our services, legal or other news or developments, or upcoming special events. We offer our Clients and Suppliers the option to decline these communications at no cost.
Silverback may perform research (online and offline) via surveys and may engage Third Parties to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected may be used or disclosed for research, analytics, and reporting purposes to help us to better serve Clients and Suppliers.
Users of Our Sites – Cookies, Similar Tools and Aggregate Information
Mobile Computing and Other Applications
Where you have consented to Silverback’s Processing of your Personal Information or Sensitive Personal Information, subject to applicable legal and ethical obligations that may apply to us and to our lawful ability to enforce our rights or your obligations to us, you may withdraw that consent at any time and opt-out. Additionally, before we use Personal Information for any new purpose not originally authorised by you, we will provide information regarding the new purpose and give you the opportunity to opt-in to such secondary uses. If you choose not to opt-in to our secondary use of your Personal Information, we will not Process it for that use.
Prior to disclosing Sensitive Data to a Third Party or Processing Sensitive Data for a purpose other than its original purpose or the purpose authorised subsequently by the Data Subject, Silverback will endeavour to obtain each Data Subject’s consent. Where consent of the Data Subject is required by law or contract, we will comply with the law or contract. For more information about how to consent to or withdraw consent for certain uses and disclosures of your Personal Information, contact us.
An “Unsubscribe” button will be provided at the top or bottom of each email marketing communication sent by Silverback, so that you may opt-out of further email communications. However, we will continue to send transaction-related emails regarding our relationship and the services you have requested.
Information We Share
We may disclose information about you: (i) if we are required to do so by law, court order, or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation or arbitration; (iv) to enforce Silverback’s policies, contracts, or other rights; (v) to collect amounts owed to Silverback; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if in good faith we believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes—e.g., to detect unauthorised activity on the Sites. In such cases, server log data containing IP addresses may be shared with law enforcement bodies, contractors, or consultants so that they may identify users in connection with their investigation of the unauthorised activities.
Silverback is a global law firm, with offices, Clients, and Suppliers located throughout the world. As a result, your Personal Information may be transferred to other Silverback offices, data centres, and servers in Europe, Asia, South America, or the United States for the purposes identified. Any such transfer of Personal Information shall take place only in accordance with applicable law.
Silverback will take steps designed to comply with all applicable local laws when Processing Personal Information, including any local law conditions for and restrictions on the transfer of Personal Information. Silverback may also protect your data through other legally valid methods, including international data transfer agreements.
Persons located within the EEA and in Monaco:
Silverback takes steps to ensure that appropriate technical and organisational security measures and safeguards are applied when transferring personal information outside of Monaco and the EEA and that privacy rights outlined in this Policy are preserved.
Subject to applicable law, you may have the right to obtain confirmation regarding whether Silverback Processes Personal Information about you, request access to and receive information about the Personal Information we maintain about you, receive copies of the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, object to the Processing of your Personal Information, and have the information blocked, anonymised, or deleted, as appropriate. The right to access Personal Information may be limited in some circumstances by local law. To exercise these rights, please contact us.
Persons located within the EEA and in Monaco
Silverback adheres to applicable data protection laws in Monaco and the EEA, which, if applicable, practicable, and required under the GDPR, include the following rights:
if the Processing of Personal Information is based on your consent, you have a right to withdraw consent at any time for future processing;
you have a right to request from us, where we act as a Controller as defined in the law, access to and rectification of your Personal Information;
you have a right to object to the Processing of your Personal Information; you have a right to lodge a complaint with a Supervisory Authority; and as applicable under French law, you can also send us specific instructions regarding the use of your Personal Information after your death, by submitting a written request to us at email@example.com.
When we Process Personal Information about you, we do so with your consent or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our Clients, or fulfil other legitimate interests of Silverback, or otherwise as described in Section 2 (“Policy”) above. When we transfer Personal Information from the European Economic Area, we do so based on a variety of legal mechanisms, as described in Section 2.3 (“Onward Transfer”) above.
Silverback retains Personal Information that we receive for as long as necessary to fulfil the purpose(s) for which the information was collected, to provide our services and products and to resolve disputes, establish legal defences, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with all applicable laws.
The security of all Personal Information provided to Silverback is important to us and we take reasonable steps designed to protect your Personal Information. Silverback maintains administrative, technical and physical safeguards designed to protect Personal Information that is received against accidental, unlawful, or unauthorised destruction, loss, alteration, access, disclosure or use.
Links to Third-Party Websites
If you believe that Silverback has not adequately resolved any such issues, you may contact the Supervisory Authority concerned.
Effective date: November 2020