Stops on bearer securities

1. Data Protection – Key definitions and principles

• GDPR: the General Data Protection Regulation (EU) 2016/679 is an EU regulation on personal data protection and privacy. GDPR achieves the uniformity in the data protection rules applicable to all individuals within the European Union.
   
• Personal Data: any information related to an identified individual or that may allow to directly or indirectly identify an individual (e.g. name, phone number, job title). Personal Data does not include any information or data related to legal entities (e.g. investment funds, securities issuers...).
   
• Processing: any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means (e.g. collection, recording, organization, storage, consultation).
   
• Data controller: the person or entity that determines the purpose and means of the processing of the Personal Data.

 

2. Scope of Policy

The present Organisme de centralisation des oppositions sur titres au porteur Data Protection Policy (the "Policy") explains how and why LuxSE collects and uses your Personal Data when you request:

• The placement of a stop on a bearer security;
• The termination of a stop previously placed on a bearer security for any reason (i.e. mainlevée or déchéance);
• The confirmation of a "no-stop" or "no-forfeiture"; or
• Any information or research of information in relation to the placement or the termination of stop(s) on bearer securities.

In all those cases, LuxSE acts as data controller.
 

3. Processing of your Personal Data

LuxSE collects and processes your Personal Data as follows:

• Collection of your Personal Data: LuxSE will collect your Personal Data when you complete the relevant request form.
   
• Personal Data collected by LuxSE: LuxSE will solely collect the data you provide when completing the request form that is to say your name, first name, birthdate, number of identity card/passport, address, phone number and email address.
   
• Legal ground(s) for the processing of data: Lawful processing on the ground of legal obligations (as defined by GDPR): the fulfilment of its legal obligations by LuxSE in accordance with, amongst others, the Law of 28 July 2014, the Law of 3 September 1996 and the Grand-Ducal Regulation of 31 October 1996.
   
• Processing of your Personal Data: LuxSE will process your Personal Data only for the purposes of the request you have submitted.

Any further use of your Personal Data, out of that context, will require another specific consent.
 

4. Storage and transmission of your Personal Data

LuxSE takes reasonable and appropriate technical and organizational security measures in order to:

• Store your Personal Data in secure databases or systems with restricted access,  
• Protect your Personal Data against loss, accidental or intentional misuse, alteration, destruction and access by unauthorized persons,  
• LuxSE will notify you without undue delay in the event LuxSE becomes aware of any unauthorized or improper use, access or disclosure of the Personal Data, which is likely to result in a high risk to your rights and freedoms.

LuxSE also reserves the right to disclose Personal Data to the Trésorerie de l’Etat - Caisse de Consignation as well as to any court, judicial or administrative authority when required or legally compelled to do so.
 

5. Retention Period

LuxSE will retain your Personal Data in accordance with the legal retention periods applicable in Luxembourg to the settlement of bearer securities and the payment or retention of their value.

Your Personal Data will be deleted when:

• It is no longer reasonably required for the purpose the Personal Data were initially collected for, or
• LuxSE is not legally required or otherwise permitted to continue storing your Personal Data.

6. Your right to access, correct and request the deletion of your Personal Data

You have the right to access, modify, and/or correct your Personal Data at any time as well as to restrict or oppose, if permitted by the law and where practicable, to the use of your Personal Data for the purposes mentioned above.
 

If any of the Personal Data that you have provided to LuxSE changes or becomes no longer up-to-date, you should send an email to privacy@bourse.lu. LuxSE will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete Personal Data that you provided.
 

7. Amendment to the Policy

The Policy may be amended, replaced or supplemented at any time and without prior or further notice by LuxSE. You are therefore advised to review it from time to time for any possible changes.
 

8. Contact

Please feel free to send any queries or requests related to the processing of your Personal Data by LuxSE, in the context described above, to privacy@bourse.lu.