Most recent update: June 2023
1.1 SWIC (“we”, “us”, “our”) is a Dutch non-for-profit foundation that devotes itself to obtain adequate compensation on behalf of the injured parties that have incurred damages because of the accounting fraud at Wirecard AG and its subsidiaries. SWIC attaches great importance to the protection of your personal data.
3.2 The website includes links to website of third parties. We are not responsible for the content of these websites, services provided by these third parties, or their compliance with the applicable privacy legislation.
4.1 We obtain your personal data in various ways:
4.2 It may be that providing certain personal data to us is a statutory or contractual requirement, a requirement necessary to enter into a contract, or that you are otherwise obliged to provide the data to us. If that is the case, we will inform you thereof separately, and will also explain the possible consequences if you fail to provide such personal data to us.
5.1 It depends on the processing activity, which personal data we process about you, for which purposes and based on which legal ground. Please find an overview below.
|Activity||Categories of personal data processed||Legal ground(s) for processing and purposes for processing|
|Visiting our website||IP address Currently, we only use technical cookies on our website. In case this changes in the future, we will inform you thereof accordingly.||We collect these personal data on the basis of our legitimate interests, namely improving our online services. This is the case with regard to technical cookies necessary for the functioning of the website and several analytic cookies that are not used to treat you differently from other users. We process your personal data for purposes of (i) improving our website, (ii) being able to provide you with consistent service across all your devices and (iii) enhancing our security and protecting your information.|
|Engaging us to offer you our claim and redress services, possibly by creating an account on our website||In case of natural persons: Your IP addressYour name, e-mail address and telephone numberYour address Your date of birthYour place of birthYour bank account numberYour swift/bic numberName of the bank account holderAny information that is listed in productions that are uploaded by you such as transaction receipts, securities account statements and CSV overviews. In case of legal persons: All information as listed above under ‘natural persons’ in so far as relevant (with regard to the Ultimate Beneficial Owner or other (natural) person legally allowed to join the claim on behalf of the company) Name of the companyRegistration number of the relevant chamber of commerce register and an excerptFirst and last name of the authorized representative being legally allowed to join the claim on behalf of the companyPosition of said authorized representativeProof of authorityExcerpt from the register of associationArticles of association||We collect these personal data as this is necessary for the performance of a contract with you. We process your personal data for the purposes of (i) your participation in the applicable claim procedure(s) regarding which SWIC aims to retrieve compensation, (ii) possibly contacting you to optimize your and our position in the claim procedure(s) and (iii) storing your personal data in your personal data account, which prevents you from having to share your data multiple times.|
|Communication with you||Your name, e-mail address and telephone numberThe content of your messages to usInformation with regard to the follow-up of your questions and requests by us||We collect these personal data on the basis of our legitimate interests, namely to be able to improve our services provided to you and to be able to provide you with relevant information. We process your personal data for the purpose of (i) following up on your questions or requests, and (ii) to inform you about matters that may be of importance to you.|
|Newsletter||Your name and e-mail addressPreferences for receiving information, such as frequency and categories of information||We collect these personal data on the basis of your consent. We process your personal data for the purposes of (i) providing information with regard to services or matters that may be of importance to you, such as the use of our website and your account and/or the progress of the legal procedure(s).|
|Other general purposes||Any information we possibly have of you that is necessary for the relevant purpose of processing.||We collect these personal data as this might be necessary for compliance with a legal obligation that is applicable to us as a data controller or for purposes of our legitimate interests, namely carrying out our regular business activities and protecting our interests in case of conflicts. We process your personal data for purposes of (i) following requests of public authorities, (ii) conducting criminal investigations, prosecutions, trials and the execution of judgments, (iii) collaborating with third parties, (iv) conducting statistical or academic researches, or (v) other circumstances as stipulated by relevant laws and regulations.|
|Sending your claim calculation.|| IP address, e-mail address, entered transaction data.|
Currently, we only use technical cookies on our website. In case this changes in the future, we will inform you thereof accordingly.
|We collect these personal data on the basis of our legitimate interests, namely, to be able to provide you with relevant information.|
We process your personal data for the purpose of (i) following up on your request to have the calculation sent to you by e-mail, and (ii) to inform you about matters that may be of importance to you.
5.2 If and insofar your personal data is processed on the basis of legitimate interests, information can be obtained by you as to the so-called balancing test that was carried out to allow us to rely on this processing ground. This test shows why our legitimate interests outweigh your right to privacy in those specific cases. Please find our contact details below.
5.3 It may be that we intend to further process your personal data for a purpose other than those for which the personal data have been collected. In such case, we will provide you with information about the(se) other purpose(s) and all relevant further information prior to that further processing.
6.1 For the provision of our services we share your personal data on a strictly need-to-know-basis with:
|Visiting our website||Data processors engaged by us, such as IT service providers and hosting providers, such as: WPEngine, Cloudways, Catalyst Collective Redress Services Combell B.V.||Services are provided within the EU.|
|Engaging us to offer you our claim and redress services, possibly by creating an account on our website||Subcontractors or service providers such as (foreign) auditing companies, consulting and law firms, insurance companies and payment providers, such as; AKD N.V.Nieding+Barth Other parties involved in the claim; Data processors engaged by us, such as IT service providers, cloud services and hosting providers, such as: WPEngine, Catalyst Collective Redress Services, AWS SES.||Services are provided within the EU.|
|Communication with you||Data processors engaged by us, such as IT service providers, cloud services, and hosting providers, such as: Catalyst Collective Redress Services B.V.Google Cloud EMEA Limited||Services are provided within the EU.|
|Newsletter||Data processors engaged by us, such as IT service providers, cloud services, and hosting providers, such as: Catalyst Collective Redress Services B.V.||Services are provided within the EU.|
|Other general purposes||The recipients depend on the purposes of the processing activity. Where relevant, we will inform you of the applicable recipients in those cases.||The location in which the services are provided depends on the purposes of the processing activity.|
6.2 We will only make information public under the following conditions and to the extent that security measures are generally accepted in the industry have been taken:
7.1 SWIC does not involve parties that are located outside the European Economic Area (“EEA”) for the processing of your personal data. If this will be the case in the future, we will duly inform you of that matter and the procedure as explained below will apply.
7.2 Transfers of your personal data to a country outside the EEA may in the first place be legitimized on the basis of a so-called adequacy decision. This is a decision in which the European Commission states that e.g. a certain country offers a level of data protection similar to the GDPR. See this link for the current list of adequacy decisions. If and insofar as we transfer personal data with parties in countries outside the EEA to which no adequacy decision applies, we will agree with these parties to data protection provisions set by the European Commission, so called standard contractual clauses. A copy of the agreed standard contractual clauses can be requested by you.
8.1 We take appropriate organizational and technical security measures to protect your personal data and to prevent misuse, loss or alteration thereof.
8.2 Examples of technical security measures taken by us are:
8.3 Examples of organizational security measures taken by us are:
9.1 We have the following retention terms in place:
|Visiting our website||7 days after the relevant visit.|
|Engaging us to offer you our claim and redress services, possibly by creating an account on our website||2 years after the foundation’s objectives have been achieved and any realized compensation has been fully distributed.|
|Communication with you||2 years after your query has been answered and/or solved.|
|Newsletter||Until you have withdrawn your consent. Upon withdrawal, your data will be deleted immediately.|
|Other general purposes||The retention terms depend on the purposes of the processing activity. Where relevant, we will inform you of the applicable retention terms in those cases.|
|Sending your claim calculation.||1 year after the claim calculation has been sent.|
10.1 In relation to our processing of your personal data, you have the below privacy rights. For more information on your privacy rights, please be referred to this webpage of the European Commission.
10.2 The exercise of the abovementioned rights is free of charge and can be carried out by phone or by e-mail via the contact details displayed below. If requests are manifestly unfounded or excessive, in particular because of the repetitive character, we will either charge you a reasonable fee or refuse to comply with the request.
10.3 We may request specific information from you to help us confirm your identity before we comply with a request from you concerning one of your rights.
10.4 We will provide you with information about the follow-up to the request without undue delay and in principle within one month of receipt of the request. Depending on the complexity of the request and on the number of requests, this period can be extended by another two months. We will notify you of such an extension within one month of receipt of the request. The applicable privacy legislation may allow or require us to refuse your request. If we cannot comply with your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
11.1 For any questions, comments or requests, you may contact us via firstname.lastname@example.org.
|Applicable privacy legislation||All applicable privacy legislation, including the General Data Protection Regulation (“GDPR”) and the relevant national implementation acts.|
|Stichting Wirecard Investors Claim||Stichting Wirecard Investors Claim Röntgenstraat 18 3261 LK Oud-Beijerland The Netherlands Chamber of Commerce number: 80902085|
13.2 Other terms that are defined in the applicable privacy legislation, such as personal data, (joint) controller, processor, data subject and processing will have the meaning as described in the applicable privacy legislation.