1. Privacy Policy

1.1 BBGI Global Infrastructure S.A. [together with other members of its group] ( BBGI, we/us/our) are committed to safeguarding the privacy of our investors and users (you/your)).  This privacy policy sets out our personal data collection and sharing practices for both offline (e.g. via phone, conferences and other correspondence) and online (e.g. via our website www.bb-gi.com (Site) and mobile apps (as applicable) collection of your personal data) and is intended to inform you of the ways in which we collect your personal data, the uses of that personal data and the ways in which we will share any personal data you choose to provide to us.

1.2 Further notices highlighting certain uses we wish to make of your personal data together with the ability to opt in or out of selected uses may also be provided when we collect personal data from you.

1.3 Our Site may contain links to other third party websites.  If you follow a link to any of those third party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal data.  Please check these policies before you submit any personal information to such third party websites.

1.4 This Privacy Policy is intended to explain our privacy practices and covers the following areas:

(a) Personal data we may collect about you;

(b) Uses made of your personal data;

(c) Transmission, storage and security of your personal data;

(d) Your rights (this section only applies if you are located in the UK);

(e) Contacting us;

(f) Cookies policy;

(g) Changes to our Privacy Policy and/or Cookies Policy.

2. Personal data we may collect about you

2.1 We will collect and process all or some of the following personal information about you:

(a) Information you provide to us: personal data that you provide to us, such as when you contact us, including your name, email address, and other contact details,;

(b) Credit and Anti-Fraud information: your financial information such as bank account details  and information relating to your financial situation, your creditworthiness or any criminal or fraudulent activities provided to us by you or third parties [including information which establishes your identity, such as driving licences, passports and utility bills; information about transactions, credit ratings from credit reference agencies; fraud, offences, suspicious transactions, where your details are included];

(c) Financial Information: to ensure that the advice and/or products we provide you are appropriate for you and the investments you purchase are suitable for you;

(d) Your transactions and holdings: details of transactions with us or holdings with us that you have made or initiated;

(e) Correspondence: if you contact us we will typically keep a record of that correspondence;

(f) Survey information: we may also ask you to complete surveys that we use for research purposes.  In such circumstances we shall collect the information provided in the completed survey;

(g) Marketing preference information: details of your marketing preferences (e.g. communication preferences) and information relevant to selecting appropriate products and services to offer you;

(h) Website and communication usage: details of your visits to the websites and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access.

3. Uses made of your personal information

In this section, we set out the purposes for which we use personal data that we collect

3.1 Our use of personal data must be based on one of a number of lawful bases and we are required to set out the grounds in respect of each use. In the list below, we have set out the relevant grounds that apply to each purpose. You can find an explanation of each of the grounds relied on at Appendix 1.

3.2 Please note that in addition to the disclosures we have identified below, we may disclose personal data for the purposes we explain in this notice to service providers, contractors, agents, advisors (e.g.  legal, financial, business or other advisors) [and affiliates of BBGI that perform activities on our behalf, as well as other members of the BBGI group].

(a) To provide and manage products and services you have requested: to administer our services, including to carry out our obligations arising from any agreements entered into between you and us, or to notify you about changes to our services and products.

Legal bases: contract performance, legitimate interests (to enable us to perform our obligations and provide our services to you);

(b) To communicate effectively with you and conduct our business: to conduct our business, including to enable you to use our service, to respond to your queries, to otherwise communicate with you, or to carry out our obligations arising from any agreements entered into between you and us.

Legal bases: contract performance, legitimate interests (to enable us to perform our obligations and provide our services to you);

(c) In relation to fraud prevention: we and other organisations may access and use certain information to prevent fraud, money laundering and terrorism as may be required by applicable law and regulation and best practice at any given time, including checking against sanctions, politically exposed persons (PEP) and other fraud or crime screening databases. If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies and may be recorded by us or by them.

[Where we act for clients in their personal capacity, we may use Credit Reference Agencies (CRAs) to determine eligibility for certain products and services. CRAs collect and maintain information about consumers' and businesses' credit behaviour. This includes using public registers, fraud prevention, and credit information - including details of previous applications and the conduct of your accounts - and public information such as local court judgments, decrees, and bankruptcies. The information that we and other organisations provide to CRAs about you, your financial associates and your business (if you have one) may be provided to other organisations and used by them and us to determine your eligibility for credit and credit related or other facilities. This may also involve obtaining details of anyone who is financially associated with you such as your spouse or partner. If you give us false or inaccurate information, we will record this]

Legal bases: legal obligations, legitimate interests (to ensure you fall within our acceptable risk profile, to cooperate with law enforcement and regulatory authorities and to prevent and detect fraud/crime), legal claims. With respect to Special Categories of Personal Data, we will usually rely on legal claims, substantial public interests (processing for the prevention and detection of fraud/crime) or very rarely where necessary, explicit consent;

(d) For research and development purposes: to analyse your personal data in order to better understand your and our other clients’ services and marketing requirements, to better understand our business and develop our products and services.

Legal bases: legitimate interests (to allow us to improve our services);

(e) To monitor certain activities:  to monitor queries, complaints and transactions to ensure service quality, compliance with procedures and to combat fraud.

Legal bases: legal obligations, legal claims, legitimate interests (to ensure that the quality and legality of our services). With respect to Special Categories of Personal Data, we will usually rely on legal claims, substantial public interests (processing for the prevention and detection of fraud/crime) or very rarely where necessary, explicit consent;

(f) To inform you of changes: to notify you about changes to our services and products.

Legal bases: legitimate interests (to notify you about changes to our service);

(g) To ensure our content is relevant: to ensure that content from our websites is presented in the most effective manner for you and for your device, which may include passing your data to business partners, suppliers and/or service providers.

Legal bases: legitimate interests (to allow us to provide you with the content and services on the websites);

(h)To provide you with marketing materials: to provide you with updates and offers, where you have chosen to receive these. We may also use your information for marketing our own [and our selected business partners’] products and services to you by [post, email, SMS, phone and fax] and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing.  We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us as set out in the “Contacting Us” section below.

Legal bases: consent, legitimate interest where are not required to rely on consent (to keep you updated with news in relation to our products and services);

(i) To reorganise or make changes to our business: in the event that we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a re-organisation, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analysing any proposed sale or re-organisation. We may also need to transfer your personal information to that re-organised entity or third party after the sale or reorganisation for them to use for the same purposes as set out in this policy.

Legal bases: legitimate interests (in order to allow us to change our business);

(j) In connection with legal or regulatory obligations: We may process your personal information to comply with our regulatory requirements or dialogue with regulators as applicable which may include disclosing your personal information to third parties, the court service and/or regulators or law enforcement agencies in  connection  with  enquiries, proceedings or investigations by such parties anywhere in the world or where compelled to do so.  Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.

Legal bases: legal obligations, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities). With respect to Special Categories of Personal Data, we will usually rely on legal claims, substantial public interests (processing for the prevention and detection of fraud/crime)or very rarely where necessary, explicit consent.

We may use and share irreversibly de-identified data for any other legitimate purposes, including product and service development and improvement activities. We base this de-identification on the ground that it is within our legitimate interests (to enable us to improve our services).

4. Transmission, storage and security of your personal data

Security over the internet

4.1 No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information in accordance with data protection legislative requirements.

4.2 All information you provide to us is stored on our or our subcontractors’ secure servers and accessed and used subject to our security policies and standards. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of.  We ask you not to share a password with anyone.

Transfers outside of the EEA

4.3 Your personal information may be accessed by staff or suppliers in, transferred to, and/or stored at, a destination outside the country in which you are located, whose data protection laws may be of a lower standard than in the EEA. We will, in all circumstances, safeguard personal information as set out in this Privacy Policy.

4.4 Where we transfer personal information from inside the EEA to outside the EEA, we may be required to take specific additional measures to safeguard the relevant personal information. Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export personal information to these jurisdictions. In countries which have not had these approvals (see the full list here http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm), we will establish legal grounds justifying such transfer, such as EU Commission-approved model contractual clauses, or other legal grounds permitted by applicable legal requirements.

4.5 Please contact us as set out in the “Contacting Us” section below if you would like to see a copy of the specific safeguards applied to the export of your personal information.

Storage limits

4.6 Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data. When personal data is no longer needed, we either irreversibly anonymise the data (and we may further retain and use the anonymised information) or securely destroy the data.

5. Your rights

Marketing

5.1 You have the right to ask us not to process your personal data for marketing purposes. We will inform you if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes.  You can exercise your right to prevent such processing by not checking certain boxes on the forms we use to collect your personal information.  You can also exercise the right at any time by contacting us as set out in the “Contacting Us” section below.

Updating information

5.2 We will use reasonable endeavours to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by contacting us as set out in the “Contacting Us” section below.

Your rights

5.3 If you have any questions in relation to our use of your personal information, you should first contact us as per the “Contacting Us” section below. Under certain conditions, you may have the right to require us to:

(a) provide you with further details on the use we make of your personal data;

(b) provide you with a copy of information that you have provided to us;

(c) update any inaccuracies in the personal information we hold (please see paragraph 5.2);

(d) delete any personal information the we no longer have a lawful basis to use;

(e) where processing is based on consent, to withdraw your consent so that we stop that particular processing (see paragraph 5.1 for marketing);

(f) ask us to transmit the personal data you have provided to us and we still hold about you to a third party electronically;

(g) stop any processing you object to which is based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights; and

(h) restrict how we use your personal data whilst a complaint is being investigated.

5.4 Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege).  If you exercise any of these rights we will check your entitlement and respond in most cases within a month.

5.5 If you are not satisfied with our use of your personal information or our response to any exercise of these rights you have the right to complain to the [Commission Nationale pour la Protection des Données, who can be contacted at:

Commission Nationale pour la Protection des Données
1, avenue du Rock’n’Roll
L-4361 Esch-sur-Alzette

Tel. : (+352) 26 10 60 - 1
Fax: (+352) 26 10 60 - 29
https://cnpd.public.lu/fr.html]

6. Contacting us

6.1 The “data controller” of your personal information processed by us under this Privacy Policy is [BBGI Global Infrastructure S.A.]

[BBGI Global Infrastructure S.A..
EBBC, 6 E route de Trèves
L-2633 Senningerberg
Grand Duchy of Luxembourg]

6.2 If you have any questions in relation to this policy, please contact our Investor services team at InvestorServices@bb-gi.com

7. Cookies policy

7.1 We use cookies on the websites. To find out more about how we use cookies, please see our Cookies Policy.

8. Changes to our Privacy Policy and/or Cookies Policy

8.1 If we change this Privacy Policy or our Cookies Policy, we will update the date it was last changed below. If these changes are material, we will indicate this clearly on our Site.

8.2 This Privacy Policy was last updated on the 27th October 2020.

Appendix 1

Legal bases for Personal Data:

  • Contract performance: where your information is necessary to enter into or perform our contract with you.
  • Legal obligations: where BBGI is required to process your Personal Data to comply with a legal requirement; and
  • Legitimate interests: where BBGI collect and use personal information in reliance on its legitimate interests (or those of any third party) and these outweigh any prejudices to your data protection rights.

Special Categories of Personal Data

  • Legal claims: where BBGI is required to process your personal information for BBGI  to establish, defend, prosecute or make a claim against you, BBGI  or a third party;
  • In the substantial public interest: the processing is necessary for reasons of substantial public interest, on the basis of EU or local law; and
  • Explicit consent: where you have given explicit consent to the processing of those personal data for one or more specified purposes (this will rarely be relied on). You are free to withdraw your consent by contacting us using the details set out in the “Contacting us” section above. If you do so, we may be unable to provide a benefit or service that requires the use of such data.