This privacy notice (the “Privacy Notice”) sets out how your personal data (being any information by which you may be directly or indirectly identified, hereinafter referred to as “Personal Data”) is processed by EOMV (as defined below) when you access and browse the website www.eomv.com (the “Website”), and informs you of your rights pursuant to the Data Protection Legislation.
Data Protection Legislation means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”), together with any other applicable laws, regulations and sector-specific recommendations containing rules for the protection of individuals with regard to the processing of Personal Data, as such legislation and guidance may be supplemented, amended, replaced or repealed from time to time.
1. Who is the data controller and who to contact?
Any Personal Data provided to or collected by European Outlet Mall Venture S.à r.l., a limited liability company (société à responsabilité limitée), having its registered office at 8, Avenue de la Gare, 1610 Luxembourg, Luxembourg, Grand Duchy of Luxembourg, and registered with the Trade and Companies Register of Luxembourg under number B97674 (hereafter “EOMV”) shall be processed (including, without limitation, used, stored and transmitted) in accordance with this Privacy Notice.
Should you have any requests concerning your Personal Data, you can contact EOMV at the address indicated in clause 12 “Contact”.
2. WHAT PERSONAL DATA IS PROCESSED?
EOMV receives and collects Personal Data directly from you or through the use of automated technology when you access, use or interact with the Website.
In particular, the Personal Data that EOMV processes in respect of you may include:
personal data that you provide by completing forms on the Website or by using the contact details provided (which may include identification data such as your name, email address, and the name of the company);
where you contact EOMV by email, any records of such communications;
data technically transmitted when you access or browse the Website, including your IP address and data obtained through the use of cookies (such as date and time of access, language preferences, operating system used, number of visits and pages of the Website visited). Please refer to clause 4 (“Cookies”) and to the cookie policy for further information regarding Personal Data collected through the use of cookies.
3. FOR WHICH PURPOSES DOES EOMV PROCESS YOUR PERSONAL DATA AND ON WHICH LEGAL BASIS?
3.1 For purposes that are in EOMV’s or a third party’s legitimate interest, such as:
assessing and processing of prospective investor applications, including the sharing of Personal Data with third parties involved in the approval or rejection of investors;
managing and administrating investor relationships, including ongoing communications and regulatory compliance;
assisting EOMV in improving the performance and usability of the Website;
ensuring the safety and continuity of EOMV’s IT services and systems;
the detection and prevention of fraud;
the establishment, exercise and defence of legal claims; and
in connection with any business reorganisation, transfer, disposal, merger or acquisition at the level of EOMV.
3.2 With your consent
To the extent that you have provided EOMV with your consent for the processing of your Personal Data, such consent shall constitute the legal basis for the processing in question.
This includes any consent you may have provided in relation to the use of cookies.
You may withdraw your consent at any time by contacting EOMV at the address set out in clause 12 (“Contact”) below.
4. COOKIES
A “cookie” is a small piece of data that a website places in the cookie file of your browser, which enables the website to recognise your identity.
As with many other websites, EOMV uses cookies to provide you with a secure, effective and user-friendly Website. EOMV also uses cookies to compile information in order to determine visitors’ preferences and trends in web browsing activity.
You have the option of deciding whether to accept cookies by configuring your browser to block some or all cookies. However, please note that if you do not accept cookies, you may not be able to enjoy a comprehensive experience of the Website’s features. Essential cookies that are necessary for the functioning of the Website cannot be refused.
For further information regarding the use of cookies, please refer to EOMV’s cookie policy.
5. WHO RECEIVES YOUR PERSONAL DATA?
The following categories of recipients may receive your Personal Data:
service providers, including (without limitation) IT or website services suppliers, accountants, tax or legal advisers, and other professional advisors, that process your Personal Data on EOMV’s instructions;
the operator of the general homepage through which the Website is accessible;
McArthurGlen UK Limited, and its subsidiaries;
governmental, judicial and supervisory authorities;
parties involved in the context of any company restructuring, transfer, divestiture, merger or acquisition affecting EOMV; and
other companies or entities within the EOMV group.
For completeness, any communication addressed to EOMV through the website will be shared with McArthurGen UK Limited, and its subsidiaries, acting as independent data controller, for assessing and processing of prospective investor applications.
6. WHERE IS YOUR PERSONAL DATA TRANSFERRED TO?
For the purposes listed above, your Personal Data may be transferred to any of the aforementioned recipients and service providers in countries located in or outside of the European Economic Area (the EEA).
Your Personal Data may be transferred to a country outside of the EEA on the basis of the fact that the European Commission has decided that such country ensures an adequate level of protection. Certain countries in which recipients and data processors may be located and to which your Personal Data may be transferred may however not have the same level of protection of your Personal Data as the one afforded in the EEA. Personal Data transferred to countries outside of the EEA in such case will be protected by appropriate safeguards such as standard contractual clauses approved by the European Commission. You may obtain a copy of such safeguards by contacting EOMV by using the contact details provided in clause 12.
7. HOW LONG DOES EOMV RETAIN YOUR PERSONAL DATA?
The retention periods for your Personal Data are based on EOMV’s business needs and legal requirements.
EOMV may notably retain:
Personal Data you have submitted to EOMV in connection with a specific request, until EOMV has responded to your request or until the conclusion of the exchange relating thereto, plus ten (10) years from the date of the end of such communication; and
cookies up to six (6) months after your last use of the Website.
EOMV may also retain your Personal Data other than related to cookies for up to two (2) years for statistics and business analysis.
8. DO YOU HAVE THE OBLIGATION TO PROVIDE THE PERSONAL DATA?
In the context of EOMV’s business and the functioning of the Website, you are only required to provide such Personal Data as is necessary for EOMV to respond to your requests or for the Website to function properly.
However, please note that without certain types of Personal Data (in particular, Personal Data relating to cookies that are technically required for browsing the Website), EOMV may not be able to respond to your requests and certain parts of the Website may become inaccessible.
9. TO WHAT EXTENT DOES EOMV USE AUTOMATED DECISIONS MAKING OR PROFILING?
As a general rule, EOMV does not use automated individual decision-making or profiling in the course of its relationship with you. In the event that EOMV were to rely on such processing, EOMV would inform you separately to the extent required by applicable law.
10. WHAT ARE YOUR RIGHTS?
10.1 Right to information, rectification, erasure and restriction of processing
You may request to obtain, free of charge, at reasonable intervals and in a timely manner, communication of your Personal Data being processed, together with all information regarding the origin of such Personal Data.
You also have the right to rectify your Personal Data that is inaccurate.
In circumstances where the accuracy of the Personal Data is contested, the processing is unlawful, or where you have objected to the processing of your Personal Data, you may request the restriction of the processing of such Personal Data. This means that such Personal Data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of an EU Member State. In the event that a restriction of processing is imposed, you shall be informed before such restriction is lifted.
You may request the erasure of Personal Data without undue delay where the use or other processing of such Personal Data is no longer necessary for the purposes described above, and in particular where consent relating to a specific processing activity has been withdrawn or where the processing is not or is no longer lawful for other reasons.
10.2 Right to object
You may object to the processing of your Personal Data where such processing is based on the legitimate interests pursued by EOMV or by a third party. In such circumstances, EOMV shall cease to process your Personal Data unless EOMV demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
Your right to object is not subject to any particular formalities.
10.3 Right to withdraw consent
You have the right to withdraw your consent at any time, without affecting the lawfulness of any processing carried out on the basis of such consent prior to its withdrawal. Any such withdrawal shall only affect future processing.
10.4 Right to data portability
Where the processing of your Personal Data is based on consent or on the performance of a contract with you, you also have the right to data portability in respect of information you have provided to EOMV. This means that you may obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and transmit such data to another controller.
10.5 Right to lodge a complaint
In the event that you wish to make a complaint regarding how EOMV processes your Personal Data, or if you require further details concerning the processing of your Personal Data or have any specific queries or concerns in this regard, please contact EOMV in the first instance using the contact details set out in clause 12 and EOMV shall endeavour to address your request as soon as reasonably practicable.
The foregoing is without prejudice to your right to lodge a complaint with the Luxembourg data protection authority, the Commission nationale pour la protection des données, or any other competent data protection authority (such as that of your country of residence), in the event that you have concerns regarding the processing of your Personal Data.
11. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to third-party websites.
This Privacy Notice concerns solely the Website and EOMV’s processing of Personal Data in connection therewith.
Please review the privacy policies of such third-party websites to understand how they process your Personal Data under their own responsibility.
12. CONTACT
If you have any questions regarding this Privacy Notice or the Personal Data that EOMV holds about you, you may contact EOMV at its registered office (as set out in clause 1 above) or at investor.relations@EOMV.com.
In order to protect your privacy and security, EOMV may take reasonable steps to verify your identity before complying with any such request.
13. AMENDMENTS OF THIS PRIVACY NOTICE
EOMV may amend this Privacy Notice from time to time in order to ensure that you are fully informed of all processing activities and of EOMV’s compliance with applicable Data Protection Legislation. You shall be notified of any changes to this Privacy Notice by appropriate means.