Privacy Policy for Fearnleys AS
Powered by SIGNATU  
Published: a few seconds ago (December 18, 2019)
What personal data we process and why and how?
We use undefined to send you our research and market reports.
We use undefined to communicate about business opportunities and transactions .
We use undefined to get in touch with you to discuss business opportunities and transactions .
When is our Privacy Policy published and effective?

When

Our privacy policy is:

  • effective as of: 01.07.2018
  • published: 01.07.2018

What and where

Our policy applies to:

Who is responsible for processing your personal data?

Responsibility and role

We decide why and how your personal data are processed. We are responsible for processing your personal data.

From which source do we collect your personal data?

Source

We collect your personal data from the following sources:

  • a publicly accessible source: public available websites
  • directly from you: email address and phone numbers
  • from a third party: company websites - Name, email address and phone number

How we collect

We collect your personal data in the following ways:

  • manually: Business cards
  • electronically with the use of a web form:

  • with: email

Whether you must provide personal data

These are the personal data you:

  • have permission to give us, and of your own free will give us (voluntary data): Name, email addres and phone number
What are our legal grounds for processing your personal data?

Regular and/or "sensitive" personal data

We process your:

  • regular personal data.

Our legal ground for processing your regular personal data is:

  • your consent.

    Personal data we process based on this legal ground is:

    • email addresses
    • phone numbers
  • a contract to which you are a party.

    Personal data we process based on this legal ground is:

    • email addresses
    • phone numbers
  • the legitimate interest we have, or the legitimate interest a third party has.

    We provide a link to a document that explains how we balance our legitimate interest and your interests, or fundamental rights and freedoms. We specify our legitimitate interests, and we specify the personal data we process based on this legal ground.

    1) Enable Fearnleys to provide financial services to our clients, partners, Fearnleys and the society. 2) email addresses, phone numbers

In which situations do we process your personal data?

Categories of individuals

We collect personal data:

  • of customers and/or clients.
  • of contractors.
  • visitors to our website www.fearnleys.com

    • Potential customers and/or clients
    • job applicants

Our role

We are:

  • a recipient of your personal data.
  • an enterprise.
  • an enterprise that controls an undertaking or we are a member of an undertaking.

Sector

We process your personal data in the:

  • private sector.

Situation

We process your personal data in a situation that concerns:

  • an activity that is professional or commercial.
  • the offering of goods or services.
  • an online activity.
  • a contract or that concerns an entry into a contract.
Do we perform automated decision-making and automated profiling?

No profiling

We do not use your personal data to automatically evaluate aspects of your personality.

No automated decision-making

We do not use your personal data to make automated decisions about you.

About our processing purposes

Purposes

We process your personal data for the purposes that are described in Section 3.

Our processing purposes are:

  • real,
  • present, and
  • legitimate.

New purposes

We do not process your personal data for secondary purposes that are inconsistent with the primary purposes for which your personal data is collected initially,

  • without your prior consent,
  • without a legitimate interest, and
  • without legal ground.

Information about new purposes

We inform you before we process your personal data for secondary purposes

  • if we in the first instance collect your personal data initially for a primary purpose, and
  • if our secondary purpose is inconsistent with the primary purpose.
How long do we keep your personal data?
  • Storage limitation

    We limit the duration we store your personal data to what is necessary for our processing purposes.

  • Storage review

    We continuously review the necessity of our continued storage of your personal data:

  • Storage periods

    We delete your personal data within a specified time-limit:

Storage required by law

If the further retention of your personal data is necessary for the purposes that are specified by law, we can further retain your personal data.

Do we share your personal data?

Disclosure to recipients

We disclose your personal data to the following recipients:

  • we use MailChimp to distribute research and market reports via email
  • HubSpot to monitor website activity
  • Microsoft to host and facilitate our information services, including business documents, mail and CRM systems
  • Astrup Fearnleys AS ICT department to host and facilitate parts of our information services

Our legal grounds for disclosing your personal data to the recipients are:

  • Dataprocessing agreement with

    • MailChimp
    • Microsoft (GDPR dataprocessing statement)
    • HubSpot

No information about future disclosures will not be available

If we in the future disclose your personal data to a recipient, then we do not inform you of:

  • the time we disclose the personal data, and
  • the names of the recipients.
Do we transfer your personal data outside the EU or EEA?

Transfers to countries outside the EU and EEA

We transfer your personal data to:

  • countries outside the EU and EEA, or
  • an international organization.

The personal data are transferred to:

  • USA to MailChimp
  • USA to HubSpot
  • non-eu local offices

Our legal ground for transferring your personal data is:

Are your personal data secure?

Security

We secure your personal data:

  • with appropriate technical measures,
  • with appropriate organisational measures,
  • with an appropriate level of security,
  • against unauthorised processing,
  • against unlawful processing,
  • against accidental or unlawful loss,
  • against accidental or unlawful destruction, and
  • against accidental or unlawful damage.

Measures to discover, document, contain security breaches

We have measures to:

  • discover security breaches.
  • document the cause of the security breaches.
  • document which personal data that are affected by the security breach.
  • document actions (and reasons for actions) to remedy the security breach.
  • contain the security breach.
  • recover personal data.
  • return to a normal state of processing personal data.

Actions when security breach is discovered

If we have a reasonable degree of certainty of a breach of the security of the processing of your personal data, then we will:

  • report the security breach to the management.
  • assign a person with responsibility to

    • assess whether the security breach can have unfavourable effects for you,
    • inform relevant persons in our organisation,
    • determine whether it is necessary to notify the Supervisory Authority of the security breach, and
    • determine whether it is necessary to communicate information about the security breach to you.
  • investigate the security breach.
  • seek to prevent that a breach of security leads to:

    • accidental or unlawful destruction of the personal data,
    • accidental or unlawful loss of control of the personal data,
    • accidental or unlawful loss of access to the personal data,
    • accidental or unlawful alteration of the personal data,
    • unauthorised disclosure of the personal data, or
    • unauthorised access to the personal data.
  • mitigate the immediate risk of a damage.
  • notify the Supervisory Authority about the security breach, if the personal data breach is likely to lead to a risk for your rights and freedoms.
  • notify you of the security breach

    • if the breach is likely to lead to a high risk for your rights and freedoms,
    • as soon as possible,
    • via appropriate contact channels, e.g. via email, SMS, prominent banners on our website, postal communications, prominent advertisements in media etc.

    We are not obliged to notify you directly if

    • we have taken measures that render your personal data unintelligible to any person who is not authorised to access them,
    • we immediately after the security breach took steps to ensure that the high risk to your rights and freedom no longer is likely to happen, or
    • it would involve disproportionate effort. In such a case, we will inform you via public channels.
Are we certified and do we follow a code of conduct?
  • Self-assessment of correctness of this policy

    We self-assess that the:

    • attestations in this policy are true, and
    • assertions in this policy are true.
What are your rights?

Promise to fulfil rights

You have specific legal rights relating to the personal data we collect from you.

We will respect your individual rights and will deal with your concerns adequately.

Where you have given consent for the processing of your personal data, you have the right to withdraw your consent at any moment.

Right to access

You may ask from us information regarding personal data that we hold about you, including:

  • information as to which categories of personal data we have in our possession or control,
  • what your personal data are being used for,
  • where we collect your personal data, if not from you directly, and
  • to whom your personal data have been disclosed, if applicable.

We will provide you with a copy of your personal data upon your request.

If you ask for further copies of your personal data, then we can charge you with a reasonable fee that we base on the administrative costs.

Right to rectification

You have the right to obtain from us rectification of your personal data, that are inaccurate or incomplete, in the latter case provided you supply the corrected or supplementary information.

Right to erasure

You have the right to request that we delete the personal data we process about you.

We must comply with this request if we process your personal data, and if:

  • the personal data is no longer necessary for the fulfilment of the purposes for which they have been collected;
  • you object to the processing based on our legitimate interest or withdraw your consent;
  • the personal data has been processed unlawfully;
  • the personal data must be deleted in order to observe a legal obligation incumbent on us.

We must not comply with this request your personal data is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation that binds us;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; or
  • for the establishment, exercise or defence of legal claims.

Right to restriction

You have the right to obtain from us restriction of processing of your personal data, if:

  • you contest the accuracy of your personal data, for the period we need to verify the accuracy,
  • the processing is unlawful and you request the restriction of processing rather than erasure of your personal data,
  • we no longer need your personal data but you require them for the establishment, exercise or defense of legal claims, or
  • you object to the processing while we verify whether our legitimate grounds override yours.

Right to object

You have the right to object – at any time – to the processing of your personal data due to your particular situation, provided that the processing is not based on your consent but on our legitimate interests or those of a third party.

In this event we shall no longer process your personal data, unless we can demonstrate:

  • compelling legitimate grounds, and
  • an overriding interest for the processing, or
  • that processing is needed for the establishment, exercise or defense of legal claims.

If you object to the processing, please specify whether you also wish the erasure of your personal data, otherwise we will only restrict it.

Right to object to direct marketing

You have the right to always object to the processing of your personal data for direct marketing that was based on our legitimate interest, regardless of any reason.

If the marketing was based on your consent, you can withdraw consent.

Right to receive personal data (“data portability”)

You have the right:

  • to receive your personal data that you have provided to us, and,
  • to request that we transfer your personal data (that you have provided to us) to another organization, only if the transfer is technically feasible.

These two rights are rights you have if:

  • we process your personal data by automated means,
  • we base the processing of your personal data on your consent, or our processing of your personal data are necessary for the execution or performance of a contract to which you are a party,
  • your personal data are provided to us by you, and
  • the transmission of your personal data does not adversely affect the rights and the freedoms of other persons.

You have the right to receive your personal data in a structured, commonly used and machine-readable format.

Your right to receive your personal data must not adversely affect the rights and the freedoms of other persons. This may be the case if a transfer of your personal data to another organization also involves the transfer of the personal data of other (non-consenting) individuals.

How can you exercise your rights?

Communication about rights available

We invite you to communicate with us about the exercise of your rights concerning the protection of your personal data.

Written requests

We only accept written requests since we cannot deal with verbal requests immediately without first:

  • analysing the content of the request, and
  • identifying you.

Describe right to exercise

Your request should contain a detailed, accurate description of which right you want to exercise.

Identification document

You must provide us with a copy of an identification document to confirm your identity, for example:

  • an ID card or
  • a passport.

The document should contain:

  • an identification number,
  • country of issue,
  • period of validity,
  • your name,
  • your address, and
  • your date of birth.

Any other data contained in the copy of the identification document such as a photo or any personal characteristics, may be masked out.

We will not accept other means of assuring your identity.

If you wish to propose alternatives, we will assess them on a case-by-case basis.

Our use of the information on your identification document:

  • is limited to verify your identity, and
  • will not be stored for longer than needed for this purpose.

Where send request

You can send your request that concerns the protection of your personal data to:

  • our postal address at: Fearnleys AS Grev Wedels Plass 9 0151 Oslo

Answer to request

You receive our answer to your request that concerns the protection of your personal data at:

  • your email address.

Person to handle request

We have a person who is responsible for handling of your request that concerns the protection of your personal data.

Policy for handling request

We have policies that ensure that your requests concerning the protection of your personal data are

  • recognized, and
  • handled within the time-limits of the law.

Time to respond to request

We inform you of our handling of your request that we exercise your rights (regarding the protection of your personal) within:

  • a month of the reception of your request.
Do you have a right to complain?

Complain to a supervisory authority

You can lodge a complaint to a supervisory authority:

  • where you usually live in the EU and the EEA.
  • at the place of your work in the EU and the EEA.
  • at the place of the alleged infringement in the EU and the EEA.

The Supervisory Authority should within a reasonable period inform you of:

  • the progress of the complaint, and
  • the outcome of the complaint.

Mandate an organization to complain

You can mandate that an organization lodges a complaint on your behalf with a Supervisory Authority.

The Supervisory Authority should within a reasonable period inform you of:

  • the progress of the complaint, and
  • the outcome of the complaint.

Judicial remedy

You can seek a judicial remedy in the EU and the EEA against:

  • a controller,
  • a processor, and
  • a Supervisory Authority.

Mandate an organization to exercise your right

You can mandate that an organization exercises your right:

  • to a judicial remedy on your behalf.
  • to a compensation for a damage as a result of a breach of the law on the protection of the personal data on your behalf.
Can you choose your privacy settings?

Privacy settings

You can choose why and how we process your personal data in your privacy settings:

  • opt out from research reports
  • opt out on request by email

Options

In your privacy settings options you can:

  • withdraw the consent to the processing of your personal data.
  • access your personal data.
  • edit your personal data.
  • delete your personal data.
  • restrict the processing of your personal data.
  • control the actions that we can perform on your personal data.
  • control which personal data that we can process.
  • control the direct marketing towards you.

Where

We enable you to choose why and how we process your personal data via our:

  • postal address at: Fearnleys AS Grev Wedels Plass 9 0151 Oslo

Communication of choice to recipients

We make sure to communicate your choice about the processing of your personal data to the recipients that we disclose the personal data to.

Will you be informed about our privacy policy changes?

New Privacy Policy

If we change our privacy policy, then we publish a new version of it.

No publication of prior Privacy Policies

We do not make available the prior versions of our privacy policy.

Explanation of words and expressions in this Privacy Policy
Unless otherwise defined this Privacy Policy, all terms used in this Privacy Policy will have the meanings given to them below:
  • Personal data

    Personal data means any information relating to an identified or identifiable natural person (data subject).

    An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as:

    • a name
    • an identification number
    • location data
    • an online identifier
    • the physical identity of a natural person
    • the physiological identity of a natural person
    • the genetic identity of a natural person
    • the mental identity of a natural person
    • the identity of a natural person
    • the economic identity of a natural person
    • the cultural identity of a natural person
    • the social identity of a natural person
  • Regular personal data

    Regular personal data are - in the GDPR - personal data that are not special categories of personal data. There is no exhaustive list of such personal data.

  • Processing

    Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as:

    • collection
    • recording
    • organisation
    • structuring
    • storage
    • adaptation
    • alteration
    • retrieval
    • consultation
    • use
    • erasure or destruction
    • etc.
  • Processing Purpose

    Processing Purpose means the reason why you process personal data.

  • Controller

    Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for in Union or Member State law.

  • Processor

    Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • Recipient

    Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

  • Supervisory Authority

    Supervisory Authority means an independent public authority which is established by a Member State pursuant to Article 51 GDPR.

  • Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

  • EU-U.S. Privacy Shield Framework

    The EU-U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce, and the European Commission to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce. On July 12, 2016, the European Commission deemed the EU-U.S. Privacy Shield Framework adequate to enable data transfers under EU law.

  • Adequacy Decision by the Commission

    The European Commission has the power to determine, on the basis of article 45 GDPR, whether a country outside the EU offers an adequate level of data protection, whether by its domestic legislation or of the international commitments it has entered into.

    The effect of such a decision is that personal data can flow from the EEA (EU and Norway, Liechtenstein and Iceland) to that third country without any further safeguard being necessary.

    The European Commission has so far recognised Andorra, Argentina, Canada (commercial organisations - PIPEDA), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay and the US (limited to the Privacy Shield framework) as providing adequate protection.

  • Personal Data Breach

    Personal Data Breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

  • Enterprise

    Enterprise means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity.

  • Group of undertakings

    Group of undertakings means a controlling undertaking and its controlled undertakings.