About this notice
Who should read this 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).
What is covered

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.

Who to contact about this notice

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

Latest updates

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.

Who checks this notice is enforced

Commission Nationale Informatique & Libertés (CNIL) is the French data protection authority and is responsible for checking that businesses comply with French Data Protection Law.

1. About us

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).

2. Information we collect about you

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:

Data subject type
Nominated Users
TYpe of personal data
Account Opening Data

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.

Purposes of processing
  • To set up your Seller account and invite you by email to use the Semper Platform.
TYpe of personal data
Account Activation Data

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.

Purposes of processing
  • 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.
TYpe of personal data
Due Diligence Checks Data

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.
Purposes of processing
  • 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.
TYpe of personal data
Transaction Data

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.

Purposes of processing
  • 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.
TYpe of personal data
Feedback

Information and responses you provide when completing surveys and questionnaires.

Purposes of processing
  • Analytical purposes, and to improve our services.
TYpe of personal data
Usage Data

Audit trail of systems used and documents accessed and downloaded, and how you used the Semper Platform.

Purposes of processing
  • 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.
TYpe of personal data
Communications Data

Records of communications between you and us

Purposes of processing
  • To enable us to keep records related to our business
  • To manage our relationship with you
  • To comply with our legal and regulatory obligations.
TYpe of personal data
Marketing Data

Includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Purposes of processing
  • To enable us to comply with your marketing preferences and to send you our marketing data if we are allowed to do so.
Data subject type
Investor Authorised Users and Company Authorised Users
TYpe of personal data
Account Data

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.

Purposes of processing
  • 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.
TYpe of personal data
Due Diligence Data

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.

Purposes of processing
  • 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).
TYpe of personal data
Feedback

Information and responses you provide when completing surveys and questionnaires.

Purposes of processing
  • Analytical purposes, and to improve our services.
TYpe of personal data
Usage Data

Audit trail of systems used and documents accessed and downloaded, and how you used the Semper Platform.

Purposes of processing
  • 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.
TYpe of personal data
Communications Data

Records of communications between you and us

Purposes of processing
  • To enable us to keep records related to our business
  • To manage our relationship with you
  • To comply with our legal and regulatory obligations.
TYpe of personal data
Marketing Data

Includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Purposes of processing
  • To enable us to comply with your marketing preferences and to send you our marketing data if we are allowed to do so.
Data subject type
Other contacts
TYpe of personal data
Identity Data

Your first and last name, title.

Purposes of processing
  • To identify you as our contact in our systems.
TYpe of personal data
Contact Data

Your email address, telephone number and contact preferences

Purposes of processing
  • To communicate with you and manage our relationship with you.
TYpe of personal data
Company / Employment Data

Your job title, employer’s business name.

Purposes of processing
  • To enable us to identify which organisation you represent.
TYpe of personal data
Communications Data

Records of communications between you and us

Purposes of processing
  • 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
TYpe of personal data
Marketing Data

Includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Purposes of processing
  • To enable us to comply with your marketing preferences and to send you our marketing data if we are allowed to do so.
Data subject type
All Website Visitors and Semper Platform Users
TYpe of personal data
Technical Data

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

Purposes of processing
  • 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.

3. How we use your information

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. 

lawful basis
Contract
when we rely on such 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).

lawful basis
Legal Obligation
when we rely on such lawful basis

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.
lawful basis
Legitimate Interests
when we rely on such lawful basis

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.

lawful basis
Consent
when we rely on such lawful basis

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.

4. When we send you marketing messages

If you are receiving marketing messages from us, you can opt out of these at any time. Just let us know at privacy@meetsemper.com.

Opting out of marketing will not affect our processing of your personal data in relation to any other purpose for which we process your data, for example to fulfil our contractual obligations to you.

Where you have used our services before, we may use your information to send you marketing messages about a similar service that we think (based on the information you have provided us) would be of interest to you. If you no longer wish to receive these messages, you can opt out at any time by clicking ‘unsubscribe’ in the message or emailing privacy@meetsemper.com

5. Who we share your information with

We may share your personal data with:

  • Our personnel: our employees (or other types of workers) who have contracts containing confidentiality and data protection obligations in order to process your order.
  • Our group companies: other companies within our corporate group who may help us provide our services.
  • Our supply chain: other organisations that help us provide our services. We ensure these organisations only have access to the information required to provide the support we use them for and have a contract with them that contains confidentiality and data protection obligations.
  • Our website hosting provider: the company who provides website hosting services to us may have access to some information (e.g. information from cookies and tracking technologies) to ensure that the Website and the Semper Platform is working correctly.
  • Our cloud service provider: which we use to store information about our customers and which enables us to deal with enquiries and provide our services.
  • Regulatory and government authorities: such as CNIL.
  • Our professional advisers: such as our accountants or legal advisors where we require specialist advice to help us conduct our business.
  • Third party marketing providers: such as Sendgrid, when you sign up to receive marketing messages or newsletters from us.
  • Any actual or potential buyer of our business.

The Semper Platform uses a messenger function provided by Intercom. By using this function, you may be providing personal data directly to Intercom as well as Semper. For more information about how Intercom collects and uses your personal data, please view their privacy policy here: https://www.intercom.com/legal/privacy

If we were asked to provide personal data in response to a court order or legal request (e.g. from the police), we would seek legal advice before disclosing any information and carefully consider the impact on your rights when providing a response.

6. Where your information is located or transferred to

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).

7. How we keep your information safe

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.

8. How long we keep your information

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.