The website https://www.aatif.lu/ (the “Website”) is operated by The Africa Agriculture and Trade Investment Fund, a société d'investissement à capital variable – fonds d'investissement spécialisé (SICAV-SIF), in accordance with the law of 13 February 2007 on specialised investment funds, as amended (the "Law of 13 February 2007") and is incorporated under the laws of the Grand Duchy of Luxembourg, having its registered address at 31 Z.A. Bourmicht, L-8070 Bertrange, Grand Duchy of Luxembourg and registered at R.C.S. Luxembourg: under number B 162.831 (“AATIF”, or the “Fund”) and DWS International GmbH, a company having its registered office at Mainzer Landstr. 11-17, D-60329 Frankfurt, Germany, acting as the investment advisor of AATIF, (“DWS”) (hereinafter collectively referred to as “we” or “us”) .
Agreement to Terms and Conditions of Use of this Website
By accessing this Website, you agree to use the Website only for lawful purposes and to be bound by the terms and conditions for use of this Website as set out hereunder, which may be amended from time to time by us without notice. The terms and conditions hereunder are subject to the laws of the Grand Duchy of Luxembourg.
No Reliance and Limitations of Liability
The information on this Website are provided by us for informational purposes only and on an “as is” and “as available” basis, without any express or implied warranties as to the accuracy or completeness of the information provided and which may be changed by us without notice. The information contained on this Website should not be considered as an offer or solicitation, to deal in any of the investments or funds mentioned herein. Nothing contained in the information on this Website constitutes legal, tax, investment or other advice, nor to be relied upon in making any decision.
You are encouraged to confirm the information contained herein, and you should not construe any information herein as a warranty or guarantee of the quality or availability of services or financial products. Any reliance on information provided on this Website is at your own risk and in no event will AATIF or its service providers be liable for any loss or damage of any kind arising out of or in connection with your access, use, or browsing of this Website.
Any links to other websites or to materials provided by other parties are provided by us for your convenience only and do not imply endorsement of such websites or materials by us. These sites and materials are not owned by or under our control, and we disclaim all liability with regard to your access to and use of such linked websites or materials from other parties.
The contents of this Website are protected by copyright and may not be downloaded, extracted, reproduced, distributed, transmitted, or published, in whole or in part, for public or commercial purposes without our prior written consent, or in case of third party materials, the owner of that content. You may not alter or remove any logo, trademark, copyright or other notice from copies of content on this Website.
You may review, download, save, and/or print out a hard copy of individual pages and/or sections of the Website for your personal, non-commercial, non-political use.
You agree not to license, distribute, create derivative works from, transfer, sell or re-sell any content obtained from this Website, nor to modify, deface content on this Website, or reproduce content on this Website separate and out of context from the original accompanying materials. You are not permitted to use the materials on this Website except as expressly set forth herein.
In case of any questions about this Policy or your data rights, please contact us by using the contact form on this Website, or alternatively to:
DWS International GmbH
Phone: +49 69 910 0
1. Data categories and sources of data
The main categories of personal data processed by us, are (inter alia):
- With respect to directors any other officials of AATIF, personal identification data, such as name, contact details, bank account information, social security number, travel ID, CVs;
- With respect to investors’ representatives, personal identification data, such as name and contact details;
- IP addresses or other visitor origin profiles maybe traceable from visiting our website or social media profiles;
- Profile pictures, pictures from events and videos.
2. Lawful basis and purpose of the processing
Any personal data provided to us is processed based on the legal grounds enumerated in Art. 6, Par. 1 of the GDPR. Most of our data processing arises from regulatory or contractual requirements, without which we would not be able to operate or be in compliance with applicable laws. Certain data, such as business cards and photographs we may have of you from events, is processed based on consent or legitimate interest. For the processing of data that are not central to our contractual or regulatory obligations, you have the right to withdraw your consent and request that we stop processing and to delete such data at any time.
3. Profiling and automated decision-making
We do not use data profiling or automated decision-making as per Art. 22 and recital 71.
4. Third-party data processing
Our data systems are maintained and backed-up by an external IT service provider which are located within the EU, in jurisdictions deemed to have an EU-equivalent level of protection, or are otherwise bound contractually to comply with GDPR requirements.
In order to fulfil our obligations arising from contract or applicable laws, certain personal data may be transmitted to other service providers or regulatory authorities.
Due diligence is performed on such third parties to ensure that they are complying with GDPR.
We shall be held liable for any kind of technical incidents that may occur during electronic transmission (including infection by virus, worm, etc.).
In the case of a data security incident affecting your personal data, we shall notify such breach as maybe required to the Luxembourgish data protection authority within 72 hours after coming aware of such data security incident, and or the data subjects concerned, unless it is unlikely to result in a risk to the rights of data subjects. Each service provider of the Fund, acting as data processor, shall also in turn notify to the Fund without undue delay in the event of such a data security incident.
5. Transfer to third countries
To the extent practicable, AATIF avoids transferring your data to non-EU countries or to countries without EU equivalent data protection. To the extent required for the working relationships between service providers and between AATIF and its investees, some data may be transferred outside of the EU, such as to affiliates of service providers, providers of IT cloud solutions and to investees. In such cases, prior due diligence is performed to ensure that service providers only transfer data to their affiliates which are compliant with GDPR, that the IT cloud solutions chosen have implemented GDPR compliant security measures, and that the data is transferred in a secure way to investees.
The commitments relating to the protection of personal data herein shall apply mutadis mutandis to all data processors identified by us.
6. Provision of data
Personal data relating to candidates for directors and any other officials of the Fund must be provided in order to enable us to perform required due diligence and obtain necessary approvals.
Certain data relating to representatives of investors and contractual counterparties are also required to be provided to enable effective notification to the respective parties.
Please note that if you choose to provide any personal information to us via any of the contact facilities listed on this Website, we may process such information in order to respond to your queries or for operational and administrative purposes. This information will not be transferred to third parties without your permission, except as required under a legal obligation such as to comply with the Fund’s regulatory or contractual obligations. We retain such data for the duration required by applicable law or contractual obligations of the Fund, taking into account any required retention period to meet any legal procedural requirements in case of any need to provide information with integrity to competent authorities.
In particular, please note that any queries and or complaints addressed to AATIF at its registered office or by e-mail to firstname.lastname@example.org, may primarily be processed on behalf of the Fund by DWS in coordination with Innpact S.à r.l., registered at 5, rue Jean Bertels, 1230 Luxembourg, Grand Duchy of Luxembourg (“Innpact”)and other service providers of the Fund if needed.
Please note that the Fund has a zero-tolerance policy towards any form of retaliation towards complainants, and you have the right to remain anonymous when submitting claims. If you choose to remain anonymous, please understand that we will not be able to provide you with any follow-up reporting regarding the status of investigations or handling and resolution of the matter. Any and all claims received on any anonymous basis will nonetheless be treated seriously and handled in accordance with the policies applicable to the Fund.
7. Storage of personal data
Any and all personal data will not be retained for longer than necessary in order to fulfil our obligations arising from contract or applicable laws.
For those data processes which are not strictly necessary for the fulfilment of our obligations arising from contract or applicable laws, you have the right to object to the processing and storage of your data and the right to request for your data to be securely deleted.
8. Your rights as a data subject
Please find below an outline of the most pertinent rights you have as data subjects. The exhaustive list of your rights as data subject can be found in Art.15-22 and Art. 77 of the GDPR.
Right to access, rectification, and erasure
You have the right to see what personal data we have of you in our files.
If you spot an error in your personal data in our files, or that it is no longer up to date, you have the right to request that it is rectified.
Any of your personal data we have in our files will be deleted upon request, unless we have an overriding obligation to maintain the data such as arising from contract or applicable laws.
Right to restriction of processing
We will limit the ways and purposes your personal data is processed upon request, unless there are overriding obligations arising out of contract or applicable laws.
Right to data portability
You have the right to request that your personal data is transferred from us to another recipient of your choosing, in a structured, commonly used and machine-readable format.
Right to object
You have the right to object to the processing of your data by the us and to request us to stop processing your data. In such case we will stop processing your data unless there are overriding obligations such as those arising from contract or applicable laws.
Please note that we do not send any newsletters and do not pass on your contact details to any third parties for their own marketing purposes without your explicit consent.
Right to complain
You have the right at all times to lodge a complaint regarding the processing of your data, whether to us via email@example.com (see section above) or directly to a national data protection authority of a European Union Member State, such as the Luxembourgish data protection authority.