Privacy Policy
Last revised in 3 October 2024
1. General
Hummingbird Ventures Management NV, with registered office at 1 Sq. Victoria Regina, 1210 Sint-Joost-ten-Node, Belgium and registered with the Crossroads Bank for Enterprises under number 0754.612.587 and its affiliated entities (“Hummingbird”, “we”, “us”) collects data when you contact us, when you use our Website (as defined below), when Hummingbird considers an investment and when you have invested in Hummingbird (“you”). Hummingbird recognizes and understands the importance of your privacy. All your Personal Data (as defined below) collected by Hummingbird shall be processed in accordance with the applicable privacy legislation, more specifically, the European Regulation 2016/679 on the protection of personal data, together with the codes of practice, codes of conduct, regulatory guidance and standard clauses and other related legislation resulting from such Regulation, as amended or supplemented from time to time (the “Privacy Legislation”). Hummingbird shall solely use your Personal Data for purposes mentioned in this privacy policy (the “Privacy Policy”) and shall not disclose your Personal Data to any Third Parties (as defined below), unless otherwise stated in this Privacy Policy.
Please read our Privacy Policy, which you can also consult on our website www.hummingbird.vc (“Website”), carefully. In this Privacy Policy you can find information on:
- What Personal Data we collect from you and for which purpose;
- The measures to safeguard the access to and the security of your Personal Data;
- Which Third Parties may have access to your Personal Data; and
- Your rights to access, rectify, and erase your Personal Data and object to the processing of your Personal Data.
This Privacy Policy applies to the relationship between you and Hummingbird. Hummingbird undertakes to process, store and utilize your Personal Data in accordance with this Privacy Policy and the provisions of the applicable Privacy Legislation. If you read and fully understand this Privacy Policy, but do not agree with our practices, you must leave the Website, and avoid or discontinue all use of any of our services. Where you have read this Privacy Policy but would like further clarification, please contact us at thomasd@hummingbird.vc
2. Definitions
All capitalized terms shall have the meaning as set forth in this section 2 of this Privacy Policy.
“Personal Data” means any information relating to an identified or identifiable natural person, and more specifically the information as mentioned under section 3;
“Purpose” shall have the meaning as set out in section 4;
“Services” means the administration of the different Hummingbird funds and the assessment of potential investments;
“Third Parties” means any natural or legal person or entity other than Hummingbird; and
“Website” means the website available at www.hummingbird.vc.
3. Personal Data we collect
We may collect several types of Personal Data through the Website or otherwise, and store it on our servers such as:
- contact information and personal identifiers (e.g. your name, job title, qualifications, postal address, e-mail address, phone number);
- professional or employment-related information (e.g. curriculum vitae (CV), job information, seniority, etc.); and
- information in the framework of regulatory compliance (including compliance with all applicable laws and appropriate guarantees in respect of anti-money laundering, in particular but not limited to the 4th AML Directive).
Personal data is collected when you voluntarily submit it through a form on the Website, if you register with or use one of our services, through pitches or by providing us with your business cards.
Our website automatically collects certain data concerning its interaction with visitors that facilitate operation, management and planning. Some information that may constitute personal data (such as your IP address, browser type, domain name, etc.) may be collected via cookies and other tracking technologies. For more information about our use of cookies and tracking technologies, we refer to our Cookie Policy which can be found here.
4. Personal Data Transfers
Personal Data may be transferred to, stored and processed outside the European Economic Area. In the event the Personal Data is transferred outside the European Economic Area, appropriate measures will be taken to ensure that transfers of personal data are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognised as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights. To this end:
- we will ensure that transfers within Hummingbird and its affiliates will be covered by an intra-group agreement which contractually obliges each member to ensure that personal data receives an adequate and consistent level of protection wherever it is transferred within the group;
- where we transfer your personal data to Third Parties who help provide our products and services, we will obtain contractual commitments from them to protect your personal data; or
- where we receive requests for information from law enforcement or regulators, we will carefully validate these requests before personal data is disclosed.
You have a right to contact us for more information about the safeguards we have put in place to ensure the adequate protection of your personal data when this is transferred as mentioned above.
5. How your Personal Data is processed – Purpose of the processing
Hummingbird (i) collects, (ii) uses, (iii) maintains and (iv) may share the Personal Data provided by you or collected by Hummingbird with its affiliates, parent companies or other related companies. Hummingbird may process and share your Personal Data for all business or commercial purposes necessary to provide the Services. These purposes may include (collectively the “Purpose”):
Furthermore, you agree that Hummingbird is free to access, retain, and disclose Personal Data in the following events:
- in order to be compliant with any applicable legislation or regulations;
- if a law enforcement authority or other government official requests so;
- to enforce the Hummingbird terms of use or Privacy Policy and the investigation of any suspected or actual fraudulent or illegal activity; and
- to protect your or Hummingbird’s safety and/or rights.
6. Security
Taken into account the state of the art of the technology, the costs of its implementation and the nature of the Personal Data that is being processed, Hummingbird shall take appropriate administrative, technical and organizational measures against unauthorized or unlawful processing of any Personal Data or its accidental loss, destruction or damage, access, disclosure or use. Some measures that are implemented are: placing confidentiality requirements on our staff and service providers; destroying or permanently anonymising personal data if it is no longer needed for the purposes for which it was collected.
In the event of and following discovery or notification of a breach of the security of the Personal Data, or access by an unauthorized person, Hummingbird is required by law to notify you if the breach is likely to affect your privacy.
7. Disclosure to Third Parties
Other than as set out in this Privacy Policy, Hummingbird shall not sell or otherwise disclose your Personal Data to Third Parties, unless this is necessary for the Purpose set out in this Privacy Policy or unless we are required to do so by law. In the event of full or partial merger with, or acquisition of all or part of Hummingbird, Hummingbird may transfer your Personal Data to a Third Party. In such event, Hummingbird shall impose this Third Party to use any Personal Data strictly consistent with this Privacy Policy.
We may also share Personal Data with Third Party cloud providers, auditors, banking service providers, lawyers, accountants and IT service providers who help us to provide, understand, commercialize and improve the Website and our Services. We do not authorize these Third Party service providers to use or disclose your Personal Data except as strictly necessary to perform any services under our supervision or to comply with applicable legislation. We seek to provide any such Third Party service provider with only the Personal Data they need to perform their specific function. These Third Parties have agreed to confidentiality restrictions and use any personal data we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us.
8. Your rights as Data Subject
To exercise your rights mentioned below or any other questions concerning this Privacy Policy, please contact us by e-mail at thomasd@hummingbird.vc or by writing to Hummingbird Ventures Management NV, 1 Sq. Victoria Regina, 1210 Sint-Joost-ten-Node, Belgium.
Right for information and access
If you are concerned or have any questions about your Personal Data, and provided you are able to prove your identity, you have the right to request information and/or access to your Personal Data, which Hummingbird holds or processes about you. We will then provide you with information and/or access to the Personal Data that is being processed and on the source of such Personal Data.
Right of rectification and right of erasure
You have the right to request us, free of charge, to correct, erase or block any inaccuracies in your Personal Data if such Personal Data would be incomplete, inaccurate or processed unlawfully.
You have the right to request us, free of charge, to erase all your Personal Data collected, stored and processed by us, without unreasonable delay.
Right to object to data processing
You may withdraw your consent to the processing of your Personal Data by Hummingbird at any time.
We may solely use your Personal Data to contact you through mail to suggest certain user tests that might be interesting to you and/or for direct marketing purposes in the event that you have explicitly consented hereto. If you have consented hereto in the past, and you no longer want to receive suggestions and/or direct marketing through mail, you may at any time unsubscribe.
Right to Data Portability
Within the limits set forth in the Privacy Legislation, you may request the portability of your Personal Data, i.e. by obstaining that the Personal Data you have provided to Hummingbird will be returned to you or transferred to someone else of your choice, in a structured, commonly used and machine-readable format.
Right to file a complaint with the competent authority
If you are not satisfied with the way we process your Personal Data, please let us know and we will investigate your concern using the above communication means. You also have the right to make a complaint to the competent data protection authority with the following contact details:
Privacy Commission/ Commission de la protection de la vie privée
Rue de la Presse 35, 1000 Bruxelles
02 274 48 00 of 02 274 48 79/ Fax: 02 274 48 35
https://www.privacycomission.be/fr
commission@privacycommission.be
9. Data retention and deletion
We may retain information regarding you and your use of the Website, including Personal Data, for as long as reasonably needed taking into consideration (i) our need to answer queries and resolve problems, (ii) to provide you with improved and new Services and (iii) to comply with legal requirements under applicable law(s).
The retention period of your Personal Data will vary. The retention period will be determined by various criteria, including the Purpose for which we are using it and legal obligations (as applicable legislation or regulations may set a minimum period for which we have to keep your Personal Data).
We may keep your Personal Data for the Purpose under section 5, and for as long as we maintain an ongoing relationship with you.
After our relationship is terminated, we may keep your Personal Data for up to 10 years after that date in order to maintain records in accordance with applicable laws and regulations which apply to us and to respond to any regulatory requests or questions. This timeframe might be extended where required under applicable law or mandated by court or regulatory decision.
To the extent we are not permitted to delete your Personal Data for legal, regulatory, internal compliance and audit, or technical reasons we may keep your data for longer than 10 years. In such circumstances, we will ensure your Personal Data and privacy is protected.
10. Third Party websites or applications
You acknowledge and agree that certain content or services provided by Third Parties may be made available to you through the Website. You agree that such linked content or services may have their own privacy policies for which Hummingbird cannot be held responsible. Hummingbird does not in any way review or endorse the privacy practices of such Third Parties.
11.Updates or changes to our Privacy Policy
Occasionally, we may change or update this Privacy Policy to allow us to use or share your previously collected Personal Data for other purposes. If Hummingbird would use your Personal Data in a manner materially different from that stated at the time of the collection, we will provide you with a notice on our Website indicating that the Privacy Policy has been changed or updated and request you to agree with the updated or changed Privacy Policy.
Controller:
Hummingbird Ventures Management NV
1 Sq. Victoria Regina, 1210 Sint-Joost-ten-Node
Mr. Thomas Delplanque