CONTENTS

1.SUBJECT ………………………………………………………………………………………………………………2

2. REMINDER OF THE PRINCIPLES OF THE GDPR 2
3. TYPE OF DATA COLLECTED 2

3.1. The data you provide ………………………………………………………………………………………….2

3.1.1. Creation of your Personal Account……………………………………………….……… 2-3

3.1.2. Enquiries – Consulting Services……………….….……………………………….…………3

3.1.3. Reservation of Concierge Services……………………………………………….………… 3

 3.1.4. Use of electronic signature………………………………………………….……………….  3

 3.2. The data we collect through your use of our services……………………….…………………….4

3.3. Partner data…………………………………………………………………………………………..………….4

3.4. Exclusion from collection of sensitive data………………………………………………..………… 4

4. USE OF YOUR DATA…………………………………………………………….………………………….. 4

4.1. Use of your Data based on the performance of our contractual relationship……………4-5

4.2. Use of your Data on the basis of our legitimate interest…………………………….. …………..5

4.3. Use of your Data with your consent…………………………………………………………………….5

4.4. Use of your Data to meet our statutory obligations…………………………………………………5

5. DATA HOSTING…………………………………………………………………………… 6
6. DATA CONTROLLER…………………………………………………………………………………….…….6
7. DATA RECIPIENT ………………………………………………………………………………………..………6

7.1. Partners and Service Providers……………………………………………………………………….…..6

7.2. Advertisers……………………………………………………………………………………………………… 6

7.3. Administrative and judicial authorities……………………………………………………………….. 6

8. RETENTION PERIOD………………………………………………………………………………….…….6-7
9. YOUR RIGHTS………………………………………………………………………………………………….………..7

9.1. RIGHT OF ACCESS…………………………………………………………………………………….…… …7

9.2. Right of rectification…………………………………………………………………………………….………. 7

9.3. Right of rectification /deletion ……………………………………………………….…………………..7

9.4. Right of limitation…………………………………………………………………………….………..……..7

9.5.  Right of deletion ………………………………………………………………………………………..………..7

9.6. Right of portability ………………………………………………………………………………………………. 8

9.7. Right not to be subject to a decision based on automated processing……………..……….8

9.8. Exercise of your rights ………………………………………………………………………………………….8

9.9. Instructions in the event of death …………………………………………….………………………….. 8

10. DATA SECURITY………………………………………………………………………….……………….8
11. SUBJECT

This privacy policy aims to transparently describe the processing of the Personal Data of any natural person User, directly or as a representative of a legal entity, on the Application by HUMMINGBIRD EXECUTIVE.

Terms beginning with a capital letter have the definition assigned to them in the General Terms and Conditions of Use, which can be consulted by Users by clicking on the following link: https://hummingbirdexecutive.com/cgv/

2. REMINDER OF GDPR PRINCIPLES RELATING TO DATA PROCESSING

Under Article 5 of the GDPR, Personal Data must be:

• Processed lawfully, fairly and in a transparent manner in relation to the data subject;
• Collected for specified, explicit and legitimate purposes and must not be further processed in a way incompatible with these purposes;
• Adequate, relevant and limited to what is necessary for the purposes for which it is processed;
• Accurate and, if necessary, kept up to date; All reasonable steps must be taken to ensure that personal data which is inaccurate, having regard to the purposes for which it is processed,  erased or rectified without delay;  
• Kept in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which it is processed ;
• Processed in such a way as to ensure appropriate security of the data collected, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

3. TYPE OF DATA COLLECTED IN CONNECTION WITH THE USE OF THE APPLICATION

HUMMINGBIRD EXECUTIVE may collect the following data about you:

• THE DATA YOU PROVIDE

The mandatory nature of the data provided is indicated when it is collected with an asterisk.

• Creating your Personal Account

Any adult wishing to use the Application must create a Personal Account.

When you create your Personal Account, you must provide us with:

• Your username (pseudonym);
• Your title, Surname, First name(s);
• Your date of birth;
• Your email address;
• Your postal address;
• Your telephone number;
• Your passport number or identity card number
• Direct debit or credit card authorisation.

• Enquiries about Consulting Services

When you wish to request information about an Item offered by the Consulting Services, the request made from your personal email is sent to the Advertiser, who then has access to your pseudonym, surname, first name, email address and telephone number. 

• Booking Concierge Services

When you express your interest in one of the Concierge Services available on the Application, we transmit your request to the structure concerned, after validation and prepayment if applicable, including your title, Surname, First name, as well as your telephone number. A confirmation is then sent to you.

• Use of electronic signature

Depending on the choice of the Subscription and the Services selected, a User may be required to complete contractual documents and affix their electronic signature through the digital and secure platform « DocuSign » or any other platform offering similar features.

HUMINGBIRD EXECUTIVE then has access to your DocuSign account login.

• Customer Service Support Request

Any telephone call concerning a request to Customer Service is likely to be recorded.

In the event that you opt for a customer service support request through the messaging section of the Application, we collect and process the following information:

• Data relating to your Personal Account;

• Data relating to your request (for example: subject of the description, documents/supporting documents that may be transmitted, communication history).

.

• EXCLUSION FROM COLLECTION OF SENSITIVE DATA

HUMMINGBIRD EXECUTIVE does not collect any sensitive data about you. Sensitive data within the meaning of the GDPR is: racial or ethnic origin, public opinion, religious or philosophical beliefs, membership of a trade union, data relating to health or sexual orientation.

In the event that any of this data is communicated to us, in any way whatsoever, HUMMINGBIRD EXECUTIVE undertakes to destroy it immediately.

4. USE OF YOUR DATA

HUMMINGBIRD EXECUTIVE uses your Personal Data for the following reasons: 

• USE OF YOUR DATA BASED ON THE PERFORMANCE OF OUR CONTRACTUAL RELATIONSHIP

On the basis of the execution of the contracts that bind us (GTCUs for Users and Customers and T&Cs of Sale for Customers only), we use your Data in order to provide our Services on the Application, and in particular:

• Ensure the creation and management of your Personal Account;
• Allow you to view Concierge Services offers and Listings with investment opportunities;
• Ensure the publication of your Listings;

• Provide you with our inbox service;
• Send you notifications regarding the use of our Services;
• Respond to your enquiries;
• Enable you to conduct business transactions;
• Allow you to obtain a follow-up of your requests for Information and appointments.

• USE OF YOUR DATA BASED ON OUR LEGITIMATE INTEREST

On the basis of our legitimate interest, we use your Data to:

• Conduct marketing statistics and analysis, in particular to better understand the use of the Application;
• Estimate, from your usage data of our services, the degree of interest of your research;
• Send you Listings that may be of interest to you, with regard to those previously viewed and those for which you have made requests for Information;
• Fight fraud, by detecting possible anomalies concerning your Account or a financial transaction, and immediately suspend your Account if necessary;
• Facilitate your User experience, for example by storing some of your Data;
• Have evidence in case of dispute.

• USE OF YOUR DATA WITH YOUR CONSENT

We may, with your consent:

• Allow you to be contacted by an Advertiser, a Service Provider or a Partner;
• Forward your booking requests to the Concierge Services;
• Transmit your data to payment providers according to the chosen payment method.

• USE OF YOUR DATA TO MEET OUR LEGAL OBLIGATIONS

We may use your Personal Data to comply with our legal obligations.

5. DATA HOSTING

All your Personal Data is hosted within our protected database.

The Application is hosted in Germany c/o Contabo GmbH, Further Str. 224a, 90429 Nuremberg.

6. DATA CONTROLLER

The data controller is, under the GDPR, « the natural or legal person, the public authority, the service or any other body which, alone or jointly with others, determines the purposes and methods of processing. »

HUMMINGBIRD EXECUTIVE, registered in the Antibes Trade and Companies Register under number 924 966 286, having its registered office at 212, Avenue du château d’eau in VALLAURIS (06220), is responsible for the processing of the data it collects as part of your use of the Application.

7. DATA RECIPIENTS

Recipients are persons entitled to obtain communication of the data recorded in a file or processing because of their functions: 

• PARTNERS AND SERVICE PROVIDERS

The data we collect may be transmitted to our Partners and Service Providers in connection with bookings made through the Application.

• ADVERTISERS

When you respond to a Listing for the purpose of requesting information on available investment opportunities, your contact data is transmitted to the relevant Advertiser so that they can provide you with the necessary answers.

• ADMINISTRATIVE AND JUDICIAL AUTHORITIES

In order to ensure compliance with our legal obligations, your personal data may also be transmitted to any authorised third party, such as authorised administrative and judicial authorities in the case of judicial requisition for example.

8. RETENTION PERIOD

The retention period of your Data varies according to the purpose of its collection:

HUMMINGBIRD EXECUTIVE will permanently delete your Data as soon as the periods set above expire.

9. YOUR RIGHTS
   • RIGHT OF ACCESS (Article 15 of the GDPR)

This right allows you to obtain confirmation whether your data is being processed or not, and if so, to access this data.

• RIGHT OF CORRECTION (Article 16 of the GDPR)

This right of correction allows you to obtain, as soon as possible, the correction of your inaccurate data.

This right also gives you the opportunity to complete your data when it is incomplete.

You may also modify the personal data of your Personal Account at any time.

• RIGHT TO DELETE / ERASE (Article 17 GDPR)

This right allows you to obtain the deletion of your data as soon as possible, subject to the grounds and exceptions that may justify its retention.

• RIGHT OF LIMITATION (Article 18 GDPR)

This right allows you to obtain the limitation of the processing of your data when you object to it, when you dispute the accuracy of your data, when you believe that its processing is unlawful, or when you need it for the challenge, exercise or defense of your rights in court.

• RIGHT OF OPPOSITION (Article 21 GDPR)

This right allows you to object at any time to the processing of your data by HUMMINGBIRD EXECUTIVE, when it is based on legitimate interest, taking care to detail the reasons relating to your particular situation, and subject to the existence of a legitimate and compelling reason for HUMMINGBIRD EXECUTIVE to continue the processing.

• RIGHT OF PORTABILITY

This right allows you to retrieve a copy of your data in a structured, machine-readable and interoperable format, and transmit it to another data controller, without HUMMINGBIRD EXECUTIVE objecting.

• RIGHT NOT TO BE SUBJECT TO A DECISION BASED ON AUTOMATED PROCESSING

This right allows you not to be the subject of a decision based exclusively on automated processing producing legal effects concerning or affecting you, except when this decision is necessary for the conclusion or performance of a contract or is legally authorised.

• EXERCISE OF RIGHTS – CLAIMS

If you wish to exercise any of the rights listed above or make a complaint, we invite you to send your letter by e-mail to the address hb@consultinghummingbird.com or by post to the address:

HUMMINGBIRD EXECUTIVE

212 Avenue du château d’eau

06220 VALLAURIS

In the event that the outcome of your complaint proves unsatisfactory with regard to the extent of your rights, you may file an appeal with the Commission Nationale de l ‘Informatique et des Libertés (CNIL) at the address:

CNIL

3 Place de Fontenoy

TSA 80715

75334 PARIS CEDEX 07

You also have the option to file a legal claim.

• INSTRUCTIONS IN CASE OF DEATH

You have the opportunity to inform us of your instructions regarding your Personal Data in the event of death.

10. DATA SECURITY

We guarantee the protection of your Personal Data by means of physical, electronic and administrative security measures, including in particular firewalls, controls for access to our databases and also controls for authorising access to information.