Azerion Group N.V. (“Azerion”, “we”, “us” or “our”) respects your privacy and recognises the importance of providing a secure environment for your personal data. Therefore, we are committed to being transparent about how we collect and process your personal data.
Azerion is a digital entertainment and media platform while also acting as an intermediary service provider by providing a range of services to other parties such as media buyers, publishers and content providers.
The purpose of this privacy notice (“Privacy Notice”) is to provide information about how and what personal data (that is any information that can be linked or attributed to you, “Personal Data” is processed in Investor Relations and why it is collected. This includes information regarding with whom we will share your Personal Data, how long we will retain it, and which rights you have in relation to the processing.
This Privacy Notice applies in relation to any natural person interested in Azerion’s Investor Relations such as shareholders, investors, potential investors, press, professional service providers, commentators and analysts, all of which together we refer to as “Investor Relations”.
1. Who is responsible for the processing of your Personal Data?
Azerion Group N.V. , Boeing Avenue 30, 1119 PE, SCHIPHOL-RIJK, the Netherlands is responsible (“the data controller”) for the processing of your Personal Data.
2. What types of Personal Data do we process and how do we collect it?
We collect, use, store and transfer different kinds of Personal Data. As a general principle, we do not collect and do not ask you to provide any “special categories of Personal Data”, which is any particularly protected information such as data concerning health, religion, political opinions or philosophical beliefs, sexual preferences or orientation.
We collect and process personal data that concerns you in connection with the relationship with you. We process the following types of your Personal Data:
2.1. Personal Data provided by you
You provide or are asked to give us certain information, including:
● The business contact information you share with us: name, title, job title, company name, email address, business address, telephone number, mobile telephone number,
● Type of capital market stakeholder (e.g. shareholder, investor, potential investor, analyst, press, public commentator and/or professional service provider),
● Additional information you provide to us in the course of our business relations, such as: registration information provided at events, creating lists of participants or name badges, etc.,
● Information on communication history and content: When you report a problem or make inquiries or suggestions, we may need to process personal data related to you and keep a record of that correspondence.
2.2. Personal Data we collect from other third parties
We receive personal data about you from other sources such as:
● To the extent necessary to fulfil our obligations, data obtained from publicly accessible sources or which are legitimately transmitted by other third parties (e.g. custodian): share register data
● We collect personal data that you have chosen to make public: We may collect Personal Data via public websites and other public sources.
● We receive your Personal Data from third parties who provide it to us such as your advisers, intermediaries, relevant legal and regulatory authorities or other third parties: This might include information obtained for the purposes of our “know your client” procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically-exposed-persons checks, sanctions checks, amongst other things).
3. Do we collect data from minors?
Our Investor Relations are not targeted towards anyone under the age of 18. In the event that we learn that we have collected personal data from a data subject under 18 years of age, we will delete that data as quickly as possible. If you believe that a data subject might be under the age of 18, please send an email to IR@azerion.com or firstname.lastname@example.org.
4. For what purpose do we process your data?
We process your Personal Data for the following purposes:
● To keep investors/capital market stakeholders regularly informed about the news and developments in the company
● To process inquiries relevant to the capital market
● To organise and hold IR events (e.g., conference calls, roadshows, capital market days)
● To operate our Investor Website
● To track communications with/reporting to capital market stakeholders
Maintenance of the share register
● To the extent required for the administration and to enable you to exercise your rights as a shareholder
● To host and administrate (including voting arrangements) the Annual General Meeting (AGM), Extraordinary General Meeting (EGM) or other statutory meetings
● To facilitate shareholder voting at such meetings
● To dispatch invitations to shareholders
● To respond your questions before the AGM
● To process your objections against resolutions or other instructions, related to the AGM or other company meetings
Prevention of fraud and illegal activity
● To investigate fraud and illegal behaviour
● To enforce our policies
● To deliver our announcements
● To respond to your questions, requests, or complaints
Compliance with our legal or regulatory obligations
● To determine the legal requirements for processing of your Personal Data (based on your location such as your country)
● To respond to your requests related to your data subject rights
● To comply with our legal obligations (e.g., tax and accounting obligations)
● To exercise our legal rights
● To protect ourselves from legal claims
● To inform you about any changes to this Privacy Notice
5. On which legal basis do we process your Personal Data?
We process your Personal Data for the purposes described in this Privacy Notice, based on the following legal grounds:
● Performance of a contract: We process your Personal Data for the performance of a contract to which you are a party, for example, in the context of fulfilling our obligations under our articles of association, to process the shareholder rights you exercise, to contact you with shareholder information and related communications.
● Compliance with legal obligations to which we are subject: We process your Personal Data to comply with legal obligations such as for tax and accounting purposes or legal disputes, reporting obligations or cooperation obligations with authorities or statutory retention periods. We also process your personal data to compile and update our shareholder records to keep them up to date, to investigate or prevent fraud or other crimes, or to inspect reports on information about shareholders’ interests in shares made under a valid statutory request.
● Legitimate interests: We process your Personal Data to the extent that the processing is necessary for our legitimate interests or those of third parties while applying appropriate safeguards that protect your privacy. Our legitimate interest consists in providing regular or event driven information to/communications with capital market stakeholders and in defending our case in the event of legal claims. We also rely on our legitimate interests to process personal data within the scope of the business relationship with you or your company for the purposes of management and furtherance of our business.
You may obtain a copy of our assessment of why we may process your personal data for these interests by submitting a request to email@example.com or IR@azerion.com.
6. With whom do we share your Personal Data?
We will not disclose your Personal Data to any party who is not authorised to process them. To manage our relationship with you, we will share your Personal Data internally with members of our management, responsible departments and technical support involved and, in each case, only if access to your Personal Data is necessary for the performance of their roles.
Moreover, and only when necessary to fulfil the purposes mentioned above, we disclose your Personal Data to the following recipients or categories of recipients or allow the following third parties to collect your Personal Data in connection with your Investor Relations:
● Azerion affiliates and subsidiaries: Within our group companies your data are transmitted to certain companies who perform centralised data processing tasks for the companies affiliated in the group.
● External service providers: We share your Personal Data with external service providers who help us organise the overall activities in connection with the purposes listed above as well as the general management of Investor Relations. Such service providers include, e.g., organisation of general meetings, notifications to shareholders as well as for conducting general meetings (primarily checking attendance, technical infrastructure for voting and documentation of the general meeting). Where we share your Personal Data with external service providers, we have appropriate agreements in place to ensure that your Personal Data is processed in compliance with applicable data protection laws.
● Professional service providers: We share your Personal Data with our professional service providers (such as our auditors, agents, accountants, brokers, legal or financial advisers)
● Regulators, government authorities, courts, or law enforcements: We disclose your Personal Data in response to lawful requests to regulators, government authorities, public authorities (e.g., tax authority), courts or law enforcement.
● Other third parties: We also disclose your Personal Data in the event of any contemplated or actual reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business or assets (including in any insolvency or similar proceedings).
7. Where will my Personal Data be processed?
In general, your Personal Data is stored on servers within the European Union (EU) / the European Economic Area (EEA). However, your data may also be shared outside the EU / EEA. We have implemented appropriate safeguards to protect your Personal Data when it is transferred outside the EU/EEA, including the execution of the European Commission’s standard data protection clauses (also known as Model Clauses) to provide safeguards for your Personal Data.
8. How do we protect your Personal Data
We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. We update and test our security standards on an ongoing basis. In addition, we take reasonable steps to assure that third parties to whom we transfer your Personal Data provide sufficient protection of Personal Data.
9. How long do we store your Personal Data?
We will not retain your Personal Data longer than necessary to fulfill the purposes for which the data was collected or to fulfil our legal obligations or necessary for the establishment, exercise of defence of legal claims or resolving disputes. Afterwards, we will delete or anonymize your Personal Data.
10. What are your rights in respect of your Personal Data?
To the extent permitted by applicable data protection laws and regulations, you have the following rights in relation to your Personal Data:
● Access the Personal Data we hold about you, including information such as the source and categories of data, the processing purposes, the recipients (or categories thereof), and the respective retention period.
● Request an update or correction of your Personal Data so that it is always accurate.
● Receive your Personal Data in a structured, commonly used and machine-readable format, including the right to transfer your Personal Data to another data controller.
● Request the deletion of your Personal Data if you believe that retention is no longer necessary for the purposes indicated above.
● Restrict the processing of your Personal Data, for example, if you have contested the accuracy of your Personal Data, and for a period of time that is sufficient to allow us to verify its accuracy.
● Withdraw your consent at any time if your Personal Data is processed with your consent. Please note that this will not affect the lawfulness of data processing based on consent granted prior to its withdrawal.
● Object to the processing on specific grounds relating to your particular situation, in the event and to the extent that we process your Personal Data based on our legitimate interests. In such cases we will no longer process your Personal Data unless we have compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims. You also have the right to object where we are processing your Personal Data for direct marketing purposes (including profiling). In such a case, we will stop processing your Personal Data for marketing purposes.
You can exercise these rights by sending a request to the contact details set out below, providing your name, your email address as well as a description of your request. If you believe we have not complied with our obligations under applicable data protection laws and regulations, you can lodge a complaint with a competent data protection authority, for example, the Autoriteit Persoonsgegevens in the Netherlands.
11. How can you contact us?
If you have any queries or questions about this Privacy Notice or how we process your Personal Data, please contact IR@azerion.com or our Data Protection Officer via email to firstname.lastname@example.org.
12. How often do we update this Privacy Notice?
We regularly review and update this Privacy Notice. When there is an important change that will have a relevant impact on the processing of your Personal Data, we will inform you by email if we have your email address.
This Privacy Notice was last updated on: 23.02.2022
Additional Information for California Residents
This section for California residents supplements the information provided in this Privacy Notice and applies solely to capital market participants, and others who reside in the State of California. We provide this section to comply with the California Consumer Privacy Act of 2018 (CCPA) and the regulations issued under it; accordingly, this section addresses the specific requirements of the CCPA and should be read together with this Privacy Notice.
We do not sell your Personal Data. However, we may share or provide access to each of the categories of Personal Data we collect as necessary for our business purposes. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device. In particular, we have collected the following categories of personal information (envisaged by the CCPA) from consumers within the last twelve (12) months:
Category A – Identifiers (such as your device identifier, demographic information -such as your country, your username, email address, any information you may choose to provide -such as your age or your language-)
Category B- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category D – Commercial information (such as purchase history)
Category F – Internet or other similar network activity (such as your interaction with our ads, your IP address)
Category G – Geolocation data
Category H – Audio, electronic, visual, thermal, olfactory, or similar information.
The CCPA provides consumers (California residents) with specific rights regarding their personal information.
You have the right to access specific information i.e. you may request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.
You have the right to know. Under the CCPA you have the right to request that we disclose to you what Personal Data we process about you.
You have the right to deletion which means that you may request that we delete any of your personal information we collected from you and retained, subject to certain exceptions.
Under the CCPA, you have the right to opt out of any sale of your personal data. Please note that your right to opt out does not apply to our sharing of personal data with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the personal data only for that function.
Finally, you have a right to not be discriminated against for exercising your rights under the CCPA.
You can exercise these rights by sending a request to the contact details set out above, providing your name, your email address as well as a description of your request.
Additional Information for Brazil Residents
Under the Brazilian General Data Protection Law (the “LGPD”), you have the right to access, rectify, port, erase, and confirm that we process your data. If you have given consent about processing your data, you have the right to withdraw consent anytime.