Privacy and Cookie Notice
Everyone who accesses our website at https://www.meetsemper.com/ (Website) and uses our platform (the Semper Platform). The individuals to whom this privacy notice is addressed can be grouped as follows:
- Visitors to our Website;
- Representatives of the companies who sign-up to the Semper Platform (Companies) to operate their Team Liquidity Programs (Company Authorised Users);
- Persons nominated by the Companies to use the Semper Platform as potential sellers (for example employees and other persons who hold shares or other securities that give access to a Company’s share capital) (Nominated Users);
- Personnel of the Investors authorised to use the Semper Platform in connection with investment opportunities (Investor Authorised Users), individuals who are Investors and ultimate beneficial owners of Investors; and
- Any individuals representing any other business contacts of Semper, for example potential customers (including potential Investors and potential Companies), vendors, suppliers and representatives of any government or regulatory authorities (Other Contacts).
This notice sets out what information we collect about you, what we use it for and who we share it with. It also explains your rights and what to do if you have any concerns about your personal data.
If you have any questions about this privacy notice, how we handle your personal data or you are looking to exercise one of your rights, please contact: privacy@meetsemper.com
This notice was last updated on 27 April 2022. We may sometimes need to update this notice to reflect changes to the way we provide our services or to comply with updates to data protection law. Where possible, we will notify you of any substantive changes but please check back regularly.
Commission Nationale Informatique & Libertés (CNIL) is the French data protection authority and is responsible for checking that businesses comply with French Data Protection Law.
We are Semper, a French Société par Actions Simplifiée, whose registered office is located at 5 Avenue du Général de Gaulle 94160 SAINT-MANDÉ, and which is registered with the Registre du Commerce et des Sociétés of Créteil under the number 901 848 069 (Semper / we / us / our).
If you visit our Website, and access or use the Semper Platform, we are the controller of your information (which means we decide what information we collect and how it is used).
Personal data means any information which does (or could be used to) identify a living person. We have grouped together the types of personal data that we collect about each of the categories of data subjects below:
Your first and last name, email address, (usually your work email address, unless you are not the Company’s employee), employment start and end date (if applicable), and the details of your securities, which are provided to us by the Company to enable us to set up your account on the Semper Platform.
- To set up your Seller account and invite you by email to use the Semper Platform.
Your personal email address, phone number, address, your date of birth, place of birth, nationality and tax residence. We collect this information from you when you activate your account on the Semper Platform.
- To activate, maintain and operate your account
- To verify your eligibility to use the Semper Platform
- To communicate with you
- To identify your tax residency for modelling purposes on the Semper Platform.
Before we accept an indication of interest to sell your securities, we may require you to provide us with the following information and documentation:
- Civil status – your marital status, and the details of your spouse (full name and maiden name (if applicable))
- Documentation – a copy of your ID document, proof of address and bank details. – a copy of your ID document, proof of address and bank details.
- To verify your identity and status
- To enable us to comply with our legal and regulatory obligations
- To verify whether you are entitled to sell your securities
- To verify whether your spouse needs to sign any transaction documentation (if applicable)
- Your bank account details will be used to transfer the proceeds of any sale of your securities to you.
Information about your indications of interest to sell your securities, any offers to purchase received from any Investors, transaction progress data, including any documents and agreements executed by you and all communications between you and us in connection with any transaction.
- To analyse and present your indication of interest (in a pseudonymised format) to potential Investors
- To present you with an aggregated offer from all Investors interested in purchasing your securities
- To make arrangements necessary to progress the transaction and to support the parties to the transaction
- To comply with our legal and regulatory obligations.
Information and responses you provide when completing surveys and questionnaires.
- Analytical purposes, and to improve our services.
Audit trail of systems used and documents accessed and downloaded, and how you used the Semper Platform.
- To enable you to view records of your activities on the Semper Platform
- To analyse how our users interact with the Semper Platform
- To improve our services
- To comply with our legal and regulatory obligations.
Records of communications between you and us
- To enable us to keep records related to our business
- To manage our relationship with you
- To comply with our legal and regulatory obligations.
Includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- To enable us to comply with your marketing preferences and to send you our marketing data if we are allowed to do so.
Your full name, work email address and telephone number, your job title, and employer’s business name. We may obtain this information from you directly or we may receive it from your employer (i.e. the Investor or the Company, as applicable) when they nominate you as the representative authorised to use the Semper Platform on their behalf.
- To set up, activate, maintain and operate your account to enable you to use the Semper Platform on behalf of the organisation you represent
- To communicate with you.
If you are an individual investor (not a company or other organisation) or you are the ultimate beneficial owner of the investor company or organisation, we will require your name, residential address and proof of address, ID card or passport data and proof of ID. We may also require source of funds data, political affiliation data and criminal offence data (depending on the level of screening required). We also require proof of ID and proof of address for anybody authorised to act on behalf of an investor company.
- To verify your identity and status
- To enable us to comply with our legal and regulatory obligations (including to carry out our Know-Your-Customer checks and anti-money laundering checks).
Information and responses you provide when completing surveys and questionnaires.
- Analytical purposes, and to improve our services.
Audit trail of systems used and documents accessed and downloaded, and how you used the Semper Platform.
- To enable you to view records of your activities on the Semper Platform
- To analyse how our users interact with the Semper Platform
- To improve our services
- To comply with our legal and regulatory obligations.
Records of communications between you and us
- To enable us to keep records related to our business
- To manage our relationship with you
- To comply with our legal and regulatory obligations.
Includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- To enable us to comply with your marketing preferences and to send you our marketing data if we are allowed to do so.
Your first and last name, title.
- To identify you as our contact in our systems.
Your email address, telephone number and contact preferences
- To communicate with you and manage our relationship with you.
Your job title, employer’s business name.
- To enable us to identify which organisation you represent.
Records of communications between you and us
- To enable us to keep records related to our business
- To manage our relationship with you and/or the organisation you represent
- To comply with our legal and regulatory obligations
Includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- To enable us to comply with your marketing preferences and to send you our marketing data if we are allowed to do so.
Internet protocol (IP) address, browser type and version, time zone setting and generic location, browser plug-in types and versions, operating system and platform on the devices you use to access our systems
- As set out in our Cookie Policy.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Under French data protection law, we need a legal reason (known as a lawful basis) for holding, collecting and using your personal data. There are 6 main legal reasons which organisations can rely on. The most relevant are:
- to enter into and perform our contract with you;
- pursue our legitimate interests (our justifiable business aims) but only if those interests are not outweighed by your other rights and freedoms (e.g. your right to privacy);
- to comply with a legal obligation that we have;
- where you have consented to us using your personal data a certain way.
The following content sets out when we rely on each lawful basis.
When processing of your personal data is necessary in connection with the contract we have (or will have) with you, for example to fulfil our obligations under our terms and conditions or any transaction documentation (as applicable).
When we are required to comply with a legal obligation and in order to do so, we need to use your personal data, for example:
- Recording your preferences (e.g. marketing) to ensure that we comply with data protection laws.
- Carrying out our due diligence checks.
Where using your information is necessary to pursue our legitimate business interests, in particular to:
- administrate or perform our contracts with the Investors, Companies, Nominated Users, vendors and any other relevant agreements;
- improve and optimise our Website and/or the Semper Platform;
- monitor and make improvements to our Website and/or the Semper Platform to enhance security and prevent fraud;
- provide our services to you and ensure the proper functioning of our Website and/or the Semper Platform; and
- protect our business and defend ourselves against legal claims.
Where we use your information for our legitimate interests, we have assessed whether such use is necessary and that such use will not infringe on your other rights and freedoms.
Generally, we do not rely solely on consent as a legal basis for processing your personal data, although we will get your consent before sending direct marketing communications to you via email or text message (unless we are allowed under the applicable data protection laws to send you such direct marketing communications without obtaining your consent). You have the right to withdraw consent to marketing at any time by contacting us.
Where we need to collect your personal data (for example, in order to fulfil a contract we have with you), failure to provide us with your personal data may mean that we are not able to provide you with the services. Where we do not have the information required about you to fulfil an order, we may have to cancel the service ordered.
We store company information (including your personal data) in servers located in France.
We will only transfer information outside of the EU where we have a valid legal mechanism in place (e.g. by using contracts approved by the European Commission).
We have put in place appropriate security and safety measures to prevent your personal data from being lost or illegally accessed by those who do not have permission.
In the event that there is an event or incident affecting your personal data, we will keep you informed. We may also need to notify the regulator (where required under data protection law) and if we make decisions about personal data about your data jointly with another party (for example, if a third party marketing provider), we may need to notify them.
Where we are responsible for making decisions about how to collect and use your personal data, we will only keep your personal data for as long as necessary to fulfil the purposes we collected it for or as long as required to fulfil our legal obligations.
When we consider how long to keep your personal data, we will consider whether it is still necessary to keep it for the purpose which we collected it or whether the same purpose could be achieved by holding less personal data. We will also consider the volume, nature, and sensitivity of the personal data and the potential harm to you if there was an incident affecting your personal data.
We may keep personal data (specifically, any exchanges between us by email or any other means) for up to seven years after the end of our contractual relationship with you.
If you browse our Website and/or access or use the Semper Platform, we keep personal data collected through our analytics tools for only as long as necessary to fulfil the purposes we collected it for (see our Cookie Policy below for further information).
If you have asked for information from us or you have subscribed to our mailing list, we keep your details for a reasonable time or until you ask us to stop contacting you.
You have specific legal rights in relation to your personal data.
We can decide not to take any action in relation to a request where we have been unable to confirm your identity (this is one of our security processes to make sure we keep information safe) or if we feel the request is unfounded or excessive. We may charge a fee where we decide to proceed with a request that we believe is unfounded or excessive. If this happens, we will always inform you in writing.
Your legal rights are as follows:
Access: You can ask for a copy of your personal data as well as information about how we are using it to make sure we are abiding by the law.
Correction: You can ask us to correct your personal data if it is inaccurate or incomplete. We might need to verify the new information before we make any changes.
Deletion: You can ask us to delete or remove your personal data if there is no good reason for us to continue holding it or if you have asked us to stop using it. If we think there is a good reason to keep the information you have asked us to delete (e.g. to comply with regulatory requirements), we will let you know and explain our decision.
Restriction: You can ask us to restrict how we use your personal data and temporarily limit the way we use it (e.g. whilst you check that the personal data we hold for you is correct).
Objection: You can object to us using your personal data if you want us to stop using it. We always comply with your request if you ask us to stop sending you marketing communications. In other cases, if we think there is a good reason for us to keep using the information, we will let you know and explain our decision.
Portability: You can ask us to send you or another organisation an electronic copy of your personal data.
Complaints: If you are unhappy with the way we collect and use your personal data, you can complain to CNIL directly on their site (https://www.cnil.fr.) or to another relevant supervisory body, but we hope that we can respond to your concerns before it reaches that stage. Please contact us at privacy@meetsemper.com
If you would like to exercise any of your legal rights, please contact: privacy@meetsemper.com.
