Privacy Policy

At MNKS, we take privacy and confidentiality matters very seriously. We have developed this Privacy Policy (the “Privacy Policy”) to clearly define our ongoing commitment to protecting privacy rights and to explain how we collect, use and disclose personal data when you interact with MNKS.

We may collect personal information from you in the course of our business, including through your use of our website, when you contact or request information from us, when you engage our legal or other services or as a result of your relationship with one or more person of our staff, business partners and clients.

This Privacy Policy is issued by the Luxembourg law firm MNKS S.à r.l. (société à responsabilité limitée),a company established at the Vertigo Polaris Building, 2-4 rue Eugène Ruppert, L-2453 Luxembourg, Grand Duchy of Luxembourg, and registered with the Luxembourg Trade & Companies Register under number B 169476 and with the Luxembourg Bar (“MNKS”).

For the purpose of this Privacy Policy, MNKS is considered as the data controller of your personal data as MNKS determines why and how to process such personal data within the meaning of applicable data protection laws.

Any processing performed by MNKS is made in accordance with applicable data protection laws, including but not limited to, the European General Data Protection Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

In this Privacy Policy we use the following terms within the meaning of applicable data protection laws:

personal data” which means any information allowing the direct or indirect identification of an individual natural person;

processing” which means any act made in relation to such personal data (e.g. collecting, storing, and transferring data);

data subjects”, “you” and “your” refer to you as individuals whose personal data are being processed by MNKS, or to individuals associated with you or our clients, suppliers, business partners, contacts, and any other third party on whom we may collect personal data.

1. Collection of personal data

When do we collect your personal data? We may collect, store and otherwise process personal data relating to individuals having interactions with MNKS including through your use of our website www.mnks.com, for instance, when you engage our legal consultation, advice, assistance or other services, when you provide services to us as a supplier, when you request to attend an event, when you contact or request information from us, when we exchange information or interact in any way, etc.

How do we obtain your personal data?

  • We collect information from you as part of our business acceptance processes and about you as necessary in the course of providing legal services;
  • We gather information about you when you provide it to us, or interact with us directly, for instance engaging with our staff or registering to an event;
  • We may collect or receive information about you from other sources, such as keeping the contact details we already hold for you accurate and up to date using publically available sources;
  • We collect your personal information while monitoring our technology tools and services, including our websites and email communications sent to and from MNKS.

When we receive personal data of a third party individual indirectly, the persons providing MNKS with such personal data undertakes to do so in compliance with the applicable data protection laws and in particular, to inform such party of the processing performed by MNKS and as the case may be, to provide them with this Privacy Policy.

Update of personal data. We will endeavor to keep the personal data in our possession or control accurate. Data subjects providing personal data are however responsible for promptly informing us of any change to their personal data.

Refusal to provide your personal data. You have the right to refuse to provide us with your personal data but you are aware that not providing us with some specific personal data (e.g. data requested in the course of our business acceptance process) would unfortunately prevent MNKS from interacting with you, providing you with our services, entering into an agreement or maintaining the related ongoing agreement with you.

2. Types of personal data PROCESSED

We aim to be transparent about what we process and why. For further information on our processing activities, please review the relevant section below:

(i) Clients and individuals associated with clients:

- Collection: We request that our clients provide us with personal data that is necessary for us to run our business acceptance process and carry out our services. We may sometimes process personal data on clients and individuals related to clients (employees, managers, beneficial owners etc.) received from a third party or acquired from public sources, for example, when a request is made on a client’s behalf by its representative or external advisors.

- Types of personal data processed:

  • identification information (such as first name, family name, date and place of birth, gender, picture, copy of identity document);
  • contact information (such as phone and fax numbers, email address, country of residence);
  • financial information (such as identification and number of bank account, notably linked to the billing);
  • criminal records when required and in accordance with applicable laws (such as anti-money laundering legislation or when preparing and defending a case);
  • identification and background information provided by you or collected as part of our business acceptance processes (such as KYC related data);
  • personal information provided to us by or on behalf of our clients or generated by us in the course of providing services to them, which may include special categories of data;
  • references information (such as, as the case may be, your details, the general scope of our mission, the legal services we provided you with and/or the transactions on which we assisted you with, when MNKS submits its application to be referenced in the editions of the leading guides of lawyers worldwide);
  • types of services received or provided;
  • other relevant personal details (such as nationality, citizenship, family-related data, job title, function within a company, preferred language, dietary preferences, license plate);
  • footage from video surveillance camera;
  • any other personal data related to the conduct of the MNKS’ services to its clients.

In some instances, the personal data we collect may be considered as falling within a specific category of personal data under applicable data protection laws (such as personal data that could be collected in the context of preparing or defending your case or information about your dietary or access requirements in order to cater for your needs when you attend a meeting at MNKS’ premises). Such personal data will only be processed in accordance with applicable laws, for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity or for MNKS to meet any legal or regulatory obligations we may have, and will be subject to appropriate technical and organizational security measures

(ii) Business contacts and prospects:

- Collection: The personal data of business contacts and prospects that are not clients of MNKS and do not provide services to us are stored by MNKS in a database and processed as described below.

Most of the personal data we process with respect to business contacts and prospects is information that is knowingly provided to us by such data subjects (such as when they provide a member of MNKS with a business card or when a contact asks us to call him to provide some information on MNKS and our services). However, in some instances, we may process personal data received from a third party or accessed from public sources.

- Types of personal data processed:

  • identification information (such as first name, family name);
  • business contact information (such as phone and fax numbers, email address);
  • other relevant professional details (such as nationality, preferred language, job title, function within a company);
  • any other personal data in relation with the conduct of MNKS’ business.

(iii) Suppliers including individual contractors:

- Collection: We may collect personal data from our suppliers and individuals related to our suppliers (employees, persons of contact) and from individual contractors.

Most of the personal data we process with respect to suppliers is information that is knowingly provided to us by them. However, in some instances, we may process personal data of individuals related to suppliers (such as when a supplier being an entity provides us with the contact details of one of its employees).

- Types of personal data processed:

  • identification information (such as surname, family name);
  • business contact information (such as phone and fax numbers, email address);
  • other relevant professional details (such as job title, function within a company);
  • any other personal data in relation with the management by MNKS of its suppliers.

(iv) Users of the MNKS website:

- Collection: A number of facilities on our website invite you to provide us with personal information.

Most of the personal data we process in respect to users of the MNKS website is information that is knowingly provided to us by such data subjects (such as when they contact us to provide some information on MNKS and our services). We also collect technical information, such as information from your visits to our website or in relation to materials and communications we send to you electronically.

- Types of personal data processed:

  • IT-related information (such as when you navigate, including IP address, record of your correspondence including e-mail address, terms of search);
  • identification information (such as your name);
  • contact and details information (such as postal address, e-mail address, phone numbers, country of residence, nationality, job title, function within a company);
  • types of services received or provided;
  • any other personal data in relation with the conduct of the MNKS’s website and business.

MNKS does not collect identifiable personal data from cookies.

Our Privacy Policy does not apply to information collected on any third party’s website that may link to or be accessible from our website.

3. Legal basis for the processing of personal data

We will only process personal data where we have a lawful reason for doing so. The lawful basis for the processing of personal data performed by us will always be one of the following, depending on the concerned processing, nature of personal data and data subjects:

  • it is necessary for MNKS to take measures at your request prior to entering into a contract or for the performance of any contractual obligations towards you;
  • it is necessary for MNKS to be able to perform an obligation according to law or any decision by a public authority, such as to allow us to comply with applicable commercial, tax and anti-money laundering laws and any regulatory obligations and to respond to requests and comply with requirements from public authorities and professional supervisory bodies;
  • it is necessary for the establishment, exercise or defence of legal claims or proceedings;
  • it is necessary for the purposes of the legitimate interest pursued by us or by a third party, such as, but not limited to:

- to provide and improve our website, including auditing and monitoring its use;

- to provide and improve our services to you and to our clients, including handling the personal information of others on behalf of our clients;

- to provide information requested by you;

- to promote our services, including sending legal updates, publications and details of events;

- to manage and administer our relationship with you and our clients.

  • you have given prior consent when required by law, to the processing of your personal data and your consent has been obtained pursuant to applicable laws, such as to contact you and send you commercial communications (invitations to events and to our conferences, our newsflash, etc.).

No automated decisions will be made in relation to the personal data processed.

4. Disclosure of personal data

To achieve the above-listed purposes, we may, in compliance and to the extent permitted under our deontological obligations (and notably the professional secrecy requirement), disclose personal data to the following recipients:

  • commercial partners;
  • clients;
  • external services providers;
  • subcontractors;
  • third parties to which we provide services;
  • professional advisors;
  • purchasers or sellers of our assets and entities linked to MNKS, if any;
  • members of as well as public organizations, administrative or legal authorities and supervisory bodies, if applicable;
  • professional associations ;
  • entities of a professional network to which MNKS may adhere to.

You are informed that certain of the above-listed recipients may be located outside the territory of the European Economic Area in countries that do not offer a level of protection equivalent to the one granted in the European Union. Any personal data transfer to such recipients will, depending on the nature of the transfer:

- be covered by appropriate safeguards such as standard contractual clauses approved by the European Commission, in which case you may obtain a copy by contacting us; or

- be otherwise authorised under data protection law, as the case may be, as such transfer is necessary for the performance or execution of a contract concluded in your interest or for the establishment, exercise or defense of legal claims or for the performance of a contract between you and us.

5. Retention

MNKS will store your personal data only for as long as necessary for the relevant processing activity to be completed and/or for the retention period permitted or required under applicable laws.

6. Your rights

In relation to your personal data, you have the right to:

- access the personal data held about you and receive additional information about how it is processed;

- rectify or complete any inaccurate or incomplete personal data;

- seek the erasure of your personal data when its processing is no longer necessary for the purposes described above, when the processing is not or no longer lawful for any reasons, when you have withdrawn your consent to the processing according to applicable laws, when the erasure is necessary to comply with applicable laws or when you object to the processing in the absence of any overriding legitimate ground for such processing;

- object, on grounds relating to your particular situation, to any processing based on MNKS legitimate interest;

- receive your personal data and transmit it to another data controller to the extent that the legitimacy of the processing lies on contractual performance and is carried out by automated means;

- withdraw any consent given to the processing at any time to the extent that your consent justified such processing;

- seek the restriction of the processing, for instance, when you contest the accuracy of the personal data.

MNKS will respond to individual complaints and questions relating to privacy and will investigate and attempt to resolve all complaints.

We will only be able to answer favorably to any of the above requests related to the right to oppose, right of erasure and right of restriction provided that it does not interfere with or contradict a legal obligation of MNKS (e.g. legal obligation to keep the related personal data) or due to any other impediment that would justify that MNKS would not be able to grant such requests. MNKS undertakes to handle each request free of charge and within a reasonable timeframe (in any case no longer than 1 month).

You may also lodge a complaint with the data protection authority in Luxembourg, the Commission Nationale pour la Protection des Données (the “CNPD”), or with your local data protection authority if you do not reside in Luxembourg. The CNPD can be contacted as follows:

- Telephone: (+352) 26 10 60 – 1

- Website: https://cnpd.public.lu/en.html

- Web form: https://cnpd.public.lu/en/particuliers/faire-valoir/formulaire-plainte.html

- Address: 1, avenue du Rock’n’Roll, L-4361 Esch-sur-Alzette, Luxembourg

7. Technical and organizational security measures

Ensuring that personal data is appropriately protected from data breaches is a top priority for MNKS. We implement adequate technical and organizational security measures, such as, depending on the equipment, password protection, physical locks, etc., to ensure a level of security appropriate to the risks represented by the processing and the nature of the personal data to be protected.

Access to personal data is permitted to employees for the sole purpose of performing their professional duties. They are subject to a confidentiality obligation and are notably provided with training and documentation in order to improve their practical skills and knowledge on data protection issues.

8. Amendment

MNKS reserves the right to change, supplement and/or amend this Privacy Policy at any time. In such case, notification will be given to you by email, or any other methods chosen by us and allowed under applicable law.

9. Contact and exercise of your rights

MNKS has appointed a Data Protection Officer in order to manage and monitor our compliance. You can contact our Data Protection Officer for any question or for exercising your rights by email at: dataprotection@mnks.com.