PRIVACY POLICY

PRIVACY POLICY REGARDING OUR DATA PROCESSING UNDER ARTICLES 13, 14 AND 21 GENERAL DATA PROTECTION REGULATION (GDPR) AND UNDER DUBAI INTERNATIONAL FINANCE CENTRE (DIFC) DATA PROTECTION LAW

  1. Data Controller and contact details

Data Controller:
Pontinova Invest Limited 

Unit GD-PB-04-06-OF-13,  Level 6, Gate District Precinct Building 04

Dubai International Financial Centre

Dubai, Vereinigte Arabische Emirate 

Registrierungsnummer: CL 5505

T: +971 58 551 6421

Email: admin@pontinova-invest.com

  1. General information

We use your data in compliance with the applicable data protection regulations. (GDPR resp. DIFC Data Protection Law 2020 (hereinafter “DIFC DP Law”).

In the following, you will be informed about which personal data we collect and store from you. You will also receive information on how and for what purpose your data is used and what rights you have with regard to the use of your data.

  1. Collection and storage of personal data and the nature and purpose of their use
  1. Visiting our website

Whenever you visit our website, your browser automatically sends information to our website server where it is temporarily saved in a log file. The following files are automatically recorded and stored until they are automatically deleted:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the computer making access
  • Time of the server inquiry
  • IP address
  • Operating system used
  • Amount of data sent in bytes

The collection and processing of this data is carried out for the purpose of enabling the use of our website (connection setup), to ensure system security and stability on a permanent basis, to enable the technical administration of the network infrastructure and the optimization of our Internet offer as well as for internal statistical purposes.

The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f DSGVO resp. Art. 10 lit. f DIFC DP Law. Our legitimate interest is based on the purposes of data collection listed above. Under no circumstances do we use the data collected for the purpose of drawing inferences concerning your person.

  1. General contact, contact via contact form

You can use the form provided on our website to contact us concerning any type of question. In addition to your form of address, first and last name as well as the name of your company, the provision of a valid email address is required, so that we know from whom the inquiry originates and to enable us to answer. Additional information can be provided on a voluntary basis. The data entered in the contact form will be transferred to us exclusively in encrypted form. You can also contact us by e-mail and provide us with personal data such as your surname, first name, e-mail address and postal address. 

This data is used to process the contractual relationship, to process your enquiries and for our own advertising by post and e-mail. Any further use, in particular the passing on of data to third parties for the purposes of advertising, market or opinion research, does not take place.

Data processing for the purpose of contacting us will be carried out on the basis of your voluntary consent in accordance with Art. 6 (1) Sentence 1 lit. a GDPR resp. Art. 10 lit. a DIFC DP Law. Otherwise, the legal basis for data processing is Art. 6 para. 1 lit. b) GDPR or Art. 6 para. 1 lit. f) GDPR resp. Art. 10 lit. a or Art. 10 lit. f DIFC DP Law.

  1. Transfer of your data to a third party

Your personal data will only be transferred to third parties if

  • you have given us consent to transmit data to third parties
  • this is necessary in accordance with Art. 6(1)(b) GDPR resp. Art. 10 lit. b DIFC DP Law for the processing of client relationships with you (this includes in particular passing it on to the opposing party in proceedings and their representatives, in particular their attorneys, as well as courts and other public authorities for the purposes of correspondence, marketing measures, as well as for the asserting and defending of their rights),
  • this is for the purpose of satisfying statutory requirements, under which we are obliged to provide information, to report or forward data,
  • for purposes where we are obligated or entitled to give information, notification or forward data,
  • to the extent that external service providers commissioned by us process data as contract processors or parties that assume certain functions (e.g. external data centers, support and maintenance of IT applications, archiving, document processing, call center services, compliance services, controlling, data screening for anti-money laundering purposes, data validation and data protection, plausibility check, data destruction, purchasing/procurement, customer administration, letter shops, marketing, media technology, research, risk controlling, billing, telephony, website management, auditing services, credit institutions, printing plants or companies for data disposal, courier services, logistics, press relations work).
    We will moreover refrain from transmitting your data to third parties if we have not informed you of such separately. If we commission service providers within the framework of processing an order, your data will be subject there to the security standards stipulated by us in order to adequately protect your data. In all other cases, recipients may only use the data for purposes for which the data have been sent to them.
  • Those employees of our law firm who come into contact with your data are, like ourselves, subject to a strict confidentiality obligation, compliance with which we constantly monitor. Other persons with whom we work and who come or could come into contact with your data have also been or will be obliged by us in writing to maintain confidentiality and – as has also been or will be expressly pointed out to them – will make themselves liable to prosecution in the event of an offence.
  • Within our firm, the internal departments and organizational units who need your data in order to fulfill our contractual and legal obligation or within the processing and implementation of our justified interest will receive your data.
  1. Cookies

In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive assigned to the browser you are using and through which certain information flows to the location that sets the cookie (here by us). Cookies cannot execute programs or transmit viruses to your computer. They serve to make the website more user-friendly and effective.

Reach measurement & cookies:

This website uses cookies for pseudonymised reach measurement, which are transferred to the user’s browser either from our server or the server of a third party. Cookies are small files that are stored on your end device. Your browser accesses these files. The use of cookies increases the user-friendliness and security of this website.

If you do not want cookies to be stored on your end device for the purpose of measuring reach, you can object to the use of these files here:

Cookie deactivation page of the Network Advertising Initiative:

https://optout.networkadvertising.org/?c=1#!/

Cookie deactivation page of the US website:

https://optout.aboutads.info/?c=2#!/

Cookie deactivation page of the European website:

https://optout.networkadvertising.org/?c=1#!/

Common browsers offer the setting option to not allow cookies.

Please note: It is not guaranteed that you will be able to access all functions of this website without restrictions if you make the corresponding settings.

Collection and processing of personal data

The website operator only collects, uses and discloses your personal data if this is permitted by law or if you consent to the data collection.

Personal data is any information that can be used to identify you and that can be traced back to you – for example, your name, email address and telephone number.

You can also visit this website without providing any personal information. However, in order to improve our online services, we store (without personal reference) your access data to this website. This access data includes, for example, the file you requested or the name of your internet provider. By making the data anonymous, it is not possible to draw conclusions about your person.

  1. Storage period

We delete the data accruing according to section 3, 4 and 5 after the storage is no longer necessary or restrict the processing if there are statutory retention obligations.

  1. Your data protection rights / Rights of data subjects

Where the GDPR applies, you may, subject to certain conditions, exercise the following data protection rights against us:

  • In accordance with Art. 7(3) GDPR, you may revoke the consent that you have granted to us at any time. The result of this is that we may no longer perform the data processing that this consent relates to in future.
  • Under Art. 15 GDPR, you have the right to obtain information on your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details.
  • Upon request, we will rectify or complete data stored on you in accordance with Art. 16 GDPR if such data is inaccurate or faulty.
  • Upon your request, we will erase your data in accordance with the principles of Art. 17 GDPR unless we are prohibited to do so by other statutory provisions (e.g., statutory retention obligations) or an overriding interest on our part (for example, to defend our rights and claims into account the preconditions laid down in Art. 18 GDPR, you may request from us to restrict the processing of your data.
  • In accordance with the provisions of Art. 20 GDPR, you also have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or transmit such data to a third party.
  • Furthermore, you may file an objection to the processing of your data in accordance with Art. 21 GDPR, as a result of which we have to stop processing your data. This right of objection only applies, however, if very special circumstances characterize your personal situation, whereby the rights of our firm may run counter to your right of objection.
  • You furthermore have the right to revoke consent that has been issued to us to process personal data at any time with effect for the future. 
  • In addition, you have the right to complain to a data protection authority (Art. 77 GDPR).

Your applications regarding the exercising of your rights should be addressed if possible in writing to the abovementioned address.

Where the DIFC DP Law applies, you may, subject to certain conditions, exercise the following data protection rights against us:

  • In accordance with Art. 32 DIFC DP Law, you may revoke the consent that you have granted to us at any time.
  • According to Art. 33 DIFC DP Law you can request access to your personal data.
  • Pursuant to Art. 33 DIFC DP Law, upon your request, we will delete your personal data.
  • Subject to Art. 35 DIFC DP Law, you can request that the processing of your personal data be restricted.
  • Subject to Art. 37 of the DIFC DSG, you have the right to receive your data in a structured, common and machine-readable format.
  • According to Art. 38 DIFC DSG, you may have the right to object to decisions based solely on automated processing, including profiling.
  • According to Art. 39 DIFC DP Law, you have the right to non-discrimination if you exercise any rights under the DIFC DP Law.
  • Subject to Art. 34 DIFC DP Law, you can object to the processing of data.
  • To the extent permitted under the provisions of the DIFC DP Law, you have a right of appeal to a data protection supervisory authority.

You can exercise your data protection rights in accordance with the provisions of Art. 40 DIFC DP Law.

  1. Information on your right of objection

If the GDPR applies, you have the right to object to the processing of personal data at any time subject to the following conditions:

  1. Right of objection according to Art. 21 GDPR
  • You have the right to file an objection at any time against processing of your data which is performed on the basis of Art. 6(1)(f) GDPR (data processing on the basis of a weighing out of interests) or Art. Art. 6(1)(e) GDPR (data processing in the public interest). The precondition for this, however, is that there are grounds for your objection emanating from your special personal situation. This also applies to profiling that is based on this purpose within the meaning of Art. 4(4) GDPR.
  • If you file an objection, we will no longer process your personal data unless we can demonstrate compelling reasons warranting protection for the processing that outweigh your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
  • We also process your personal data in order to perform direct advertising. If you do not want to receive any advertising, you have the right to file an objection thereto at any time. This also applies to the profiling to the extent that it is connected with such direct advertising. We will respect this objection with effect for the future.
    • We will no longer process your data for the purpose of direct advertising if you object to processing for this purpose. The objection may be filed without adhering to any form requirements and should be sent to admin@pontinova-invest.com.

If the DIFC DP Law applies, you have the right to object to the processing of personal data at any time subject to the following conditions:

  1. Right of objection according to DIFC DP Law
  • Insofar as the data processing is carried out for the purposes mentioned under section 3, you can object to this if there are reasonable reasons arising from your particular situation.
  • Where the processing of your personal data is carried out for the purposes of direct marketing and profiling, you may object to the processing insofar as it is related to direct marketing.
  • You can object to the processing of your personal data insofar as your personal data on to third parties or used by them for the purposes of direct advertising.

Any requests in relation to exercising your rights do not need to be made in a particular form, however it should, if possible, be addressed in writing to the address given above.

  1. Transfer to a third country or an international organization

Where the DIFC DPA applies, we will only transfer personal data to a third country or international organisation subject to the following conditions:

  • The third country has been determined by the commissioner as a jurisdiction providing an adequate level of protection under the DIFC DP Law;
  • Where applicable, we have provided appropriate or suitable safeguards und er the DIFC DP Law and enforceable data subject rights and effective legal remedies for data subjects are available;
  • One of the specific derogations in the DIFC DP Law (Art. 27 (3)) applies (including, but not limited to, where you have explicitly consented to the  proposed transfer in accordance with the DIFC DP Law; or
  • The limited circumstances set out in the DIFC DP law (Art. 27 (4) apply.
  1. Obligation to provide data

Within the scope of our business relationship, you must provide us with all personal data that is required for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations or which we are legally obliged to collect. Without this data, we are generally not in a position to conclude a legally valid contract with you.

  1. Direct Marketing Purposes

Your Personal Data will not be used for direct marketing purposes. Should we use your Personal Data for direct marketing purposes, we will inform you of this separately if there is a legal obligation to provide information.

  1. Automated Decision Making

In the initiation and implementation of a business relationship as well as in the use of this website, we generally do not use automated decision making. Should we make use of this procedure in individual cases, we will inform you of this separately if there is a legal obligation to provide information. You have the right to object in certain instances where a decision is taken by us based only on automated decision making and to require such decision to be reviewed manually.

  1. Profiling

We do not carry out any automated data processing when initiating the business relationship and using the homepage.

Should automated data processing take place in individual cases, we will inform you of this separately.

  1. Biomatric Data

We do not collect any biometric data from you. Should biometric data be collected in individual cases, we will inform you separately.

  1. Data security

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security procedures are continually improved as new technology develops.

  1. Modifications to this Privacy Policy

The effective date of this Privacy Policy is July 2022.

Due to the further development of our website or due to changed legal or official requirements, it may become necessary to amend this Privacy Policy. The current Privacy Policy can be accessed at any time here on our Website.