PRIVACY NOTICE

1. Overview

This Privacy Notice is intended to describe the practices that Vialto follows in relation to VialtoDirect (the “Tool”) with respect to the privacy of all individuals whose personal data is processed and stored in the Tool.

For purposes of this Privacy Notice, “personal data” means information that identifies or could reasonably be used to identify an individual, including “personal data,” “personal information,” “personally identifiable information,” or an equivalent term, as defined by applicable privacy laws.

This Privacy Notice should be read together with the Vialto Privacy Statement and, in the event of any conflict between this Privacy Notice and the Vialto Privacy Statement, the terms of this Privacy Notice shall prevail.

This Privacy Notice will help you understand the personal data we collect, why we collect it and what we do with it when you use the Tool. Please review this Privacy Notice very carefully as it contains important information about our practices.

2. Tool Management

“Vialto” refers to one or more of the entities or partnerships within Vialto’s network consisting of: (i) affiliated entities; and (ii) other entities operating as part of Vialto’s network, each of which is a separate legal entity and can determine the purposes and means for data processing in its own right (i.e., acts as a data controller or in a similar capacity). The entity that is acting as data controller (or similar capacity) by providing this Tool on which your personal data will be processed and stored is Galaxy US Opco Inc.

The personal data in the Tool may be shared by Galaxy US Opco. Inc. with one or more members of the Vialto network, with additional details set forth below in Section 6.

The Tool is hosted on servers located in the Netherlands and Ireland.

3. Use(s) and Legal Basis for Processing

The Tool is used for B2C advisory services offerings by Vialto. Your personal data processed in the Tool is used to provide you access to the Tool and to comply with applicable client acceptance regulations.

We process your personal data based on your consent, and for the performance of a contract and for Vialto to comply with legal obligations. The provision of your personal data to Vialto is optional. However, if you do not provide all or part of your personal data, we may be unable to carry out the purposes for processing. You have the right to withdraw your consent at any time.

By clicking “I have read and accept the Privacy Notice” you agree for your information to be processed in accordance with the Vialto Privacy Statement. You further agree that:

  1. Where applicable, you have read, understand and agree to the processing of your sensitive or special category personal information in accordance with the Services Agreement Terms and the Vialto Privacy Statement.
  2. You have read, understand, and agree to the third-party transfer and cross-border transfer of your personal information (including any sensitive personal information or special category personal information) in accordance with the Services Agreement Terms and the Vialto Privacy Statement;
  3. You have been informed of and understand the purposes and, where applicable, the legal basis for processing your personal information under applicable data protection laws and applicable regulatory requirements; and
  4. If you are providing personal information of any individual other than yourself, such as a family member, you have complied with all applicable laws and have the necessary authority or have obtained consent to provide such information; and each such individual, if applicable, has read, understood, and agreed to the processing of his/her personal information in accordance with these Services Agreement Terms and the Vialto Privacy Statement.

4. Categories of Personal Data

The Tool processes the following personal data categories:

  • Name
  • Address
  • Email address
  • Date of Birth
  • Phone number
  • Passport/driver’s license
  • Country of residence
  • Residential Address

This data is collected directly through the Tool.

5. Sensitive Personal Data

Sensitive personal data reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning sex life or sexual orientation.

Vialto does not intentionally collect any sensitive personal data from you via the Tool. The Tool’s intention is not to process such information.

6. Personal Data Access

Your personal data is accessed in the Tool by the following persons/teams:

  • Vialto risk and compliance, service delivery and governance teams
  • Vialto personnel who support the Tool

The access rights detailed above may involve transferring personal data in various jurisdictions in which Vialto operates (Vialto office locations are listed at www.vialto.com). Vialto will process your personal data in the Tool in accordance with applicable law, regulations and professional standards.

7. Sharing Personal Data

We may also transfer or disclose the personal data we collect to third-party service providers (and their subsidiaries and affiliates) who are engaged by us to support our internal ancillary processes, including IT infrastructure. Vialto may also transfer your personal data to third parties engaged by Vialto to support the Tool or to assist Vialto in providing services in connection with the Tool, which is currently contemplated to be Jumio Corporation and Stripe, Inc. It is our policy to only use third-party service providers that are bound by contractual obligations to maintain appropriate levels of data protection, security and confidentiality, and that comply with any applicable legal requirements for transferring personal data outside the jurisdiction in which it was originally collected.

To the extent that personal data has been deidentified, aggregated or otherwise rendered anonymous in such a way that you or your device are no longer reasonably identifiable, such information will be treated as non-personal data and the terms of this Privacy Notice will not apply.

For data collected in the European Economic Area (“EEA”) or that relates to individuals in the EEA or any other applicable jurisdiction with transfer restrictions, Vialto requires an appropriate transfer mechanism as necessary to comply with applicable law.

8. Data Retention

Our policy is to retain personal data only for as long as it is needed for the purposes described in this Privacy Notice and in accordance with our Data Retention Policy. Personal data will be retained in the Tool for no longer than as may be necessary for Vialto to comply with any applicable legal or regulatory obligations, after which it will be securely deleted.

9. Security

Vialto protects the confidentiality and security of information it obtains in the course of its business. Access to such information is limited, and policies and procedures are in place that are designed to safeguard the information from loss, misuse and improper disclosure.

10. Controlling Your Personal Data

Vialto will not transfer your personal data to non-Vialto third parties (other than any external parties referred to in Section 7 above) unless we have your permission or are required by applicable law, regulation or our professional obligations to do so.

You may be legally entitled to request details of Vialto’s personal data about you. To confirm whether your personal data is processed in the Tool or to access your personal data in the Tool or (where applicable) to withdraw your consent, contact your usual Vialto representative or please contact us through www.vialto.com.

11. Data Subject Rights

You may be able to exercise certain data subject rights depending on your jurisdiction. To exercise those rights, you can request access, rectification, erasure, restriction of processing or a readily portable copy of your personal data by contacting your usual Vialto representative or contacting us through www.vialto.com.

12. Complaints

If you are concerned about an alleged breach of privacy law or any other regulation, please contact us at privacy@vialto.com or via your Vialto representative. Vialto will investigate your matter and provide information about how it will be handled and resolved.

If you are not satisfied with how Vialto resolved your matter, you have the right to complain to your country’s data protection authority. You can also refer the matter to a court of competent jurisdiction.

Certain Vialto entities in countries outside the EEA have appointed a representative in the EU to act on their behalf if, and when, they undertake data processing activities to which the EU General Data Protection Regulation (“EU GDPR”) applies.

13. California Residents

If you are a resident of the State of California, you may have certain additional rights with respect to your personal data, including opt-out rights. Please visit the Vialto Privacy Statement for more information. Vialto does not sell or share for cross-contextual behavioral advertising any personal data collected in connection with the Tool.

14. Privacy Notice Updates

Vialto reserves the right to modify, update or other amend this Privacy Notice at any time and for any reason.

15. Contact Us

If you have additional questions or concerns, contact your usual representative or via e-mail at privacy@vialto.com.