Politique de confidentialité

Through this document, TAX CONNECTED S.A. wishes to give you an overview of how personal data is collected and processed as well as your rights in accordance with the laws and regulations relating to the protection of personal data. 

It is important to specify before anything else that TAX CONNECTED S.A., through its letters of engagement and or service contracts duly signed by its customers, complies with the RGPD policy as required by the OEC. 

1. The legal basis for processing personal data 

Personal data is processed in accordance with the regulatory provisions on data protection (Regulation (EU) 2016/679 of 27 April 2016 (“RGPD”), which entered into force throughout the EU on 25 May 2018), under the following assumptions:  

•  When the personal data are necessary for the execution of an agreement with TAX CONNECTED S.A. ;  
•  When the processing of personal data is necessary to comply with a legal obligation to which TAX CONNECTED S.A. is subject in its capacity as a chartered accountant (e.g. the amended law of 12 November 2004 on the fight against money laundering and terrorist financing);  
•  When the processing of personal data is necessary for the purposes of the legitimate interests pursued by TAX CONNECTED S.A. as data controller.  

2. Purpose of the processing of personal data  

Personal data are collected for specific, explicit and legitimate purposes. In this sense, personal data will be processed for the following purposes :  

• Confirm and verify the identity of the individual, cross-check the personal data provided with information available on the Internet, sanction lists and any other lists of regulators or law enforcement agencies ;  
•  To comply with any law or regulation to which TAX CONNECTED S.A. may be subject, in particular with regard to the fight against money laundering and the financing of terrorism;  
•  Manage the risks, detection, investigation and prevention of any form of fraud or crime.

3. Sources and type of personal data 

Personal data are collected directly from the natural person concerned in the context of the business relationship with TAX CONNECTED S.A.. Insofar as necessary to provide the services, personal data may be collected indirectly from an intermediary or from publicly available sources (e.g. RCS, press, internet, various publications, …). 

In order to enable and continue the business relationship, TAX CONNECTED S.A. collects and processes personal data relating to the client and any other person directly or indirectly involved in the business relationship, such as: his children and spouse, his bankers and asset managers, his insurers, brokers, notaries, lawyers, tax and real estate experts and accountants, and of course the economic beneficiary (non-exhaustive list). 

3.1 The source of the data to be protected 

The categories of personal data that TAX CONNECTED S.A. may process in relation to these terms include : 

– all information provided directly to TAX CONNECTED S.A.; – all information that TAX CONNECTED S.A. obtains indirectly from third parties in accordance with their privacy policy or from publicly available sources. 

3.2 Relevant data to keep 

Personal data that is considered relevant to the proper functioning of the business relationship, but not limited to, the following information : 

•  last name, first name, date and place of birth, 
• nationality and various addresses, including legal residence, 
• identification data (national number, social security number, tax number …), 
•  the numbers of bank accounts or insurance contracts on which TAX CONNECTED S.A.’s mission is carried out, 
•  information concerning the patrimonial situation in the broad sense (financial assets, real estate, private equity, holdings, collections, works of art, etc.) and its origin,
• the client’s current and past professional activities, 
•  any contract whatsoever (e.g. marriage contract, deed of gift,…) in connection with operations for which TAX CONNECTED S.A. may be responsible, 
•  any other information that TAX CONNECTED S.A. may obtain indirectly from third parties in accordance with their privacy policies or from publicly available sources.

4. Transfer of data to a third party 

4.1 Sharing information within the European Union (EU) 

The data in the possession of TAX CONNECTED S.A. may be transmitted to third parties in the context of the performance of the mission entrusted to TAX CONNECTED S.A. : 

 Without prior agreement from the customer if : 

• TAX CONNECTED S.A. is obliged to do so by law or by its supervisory authority (Ordre des Experts Comptables Luxembourg (OEC) 
• This information is intended, within the framework of their own legal or regulatory obligations, for regulated professionals with whom the customer currently has a business relationship (auditors, statutory auditors, bankers, managers, insurers, lawyers, etc.) 

With prior consent of the customer in all other cases, e.g. to regulatory bodies, government agencies or law enforcement agencies. 

TAX CONNECTED S.A. shall ensure that the recipient of the personal data guarantees the same level of data protection. 

4.2 Sharing of information outside the EU 

In case of transfer of personal data to recipients located in countries outside the European Union, such transfers may take place under the same conditions as under 4/a), only if the said country is recognized by European bodies as guaranteeing a similar level of data protection (for example Switzerland). 

In all other cases, the customer’s explicit consent must be obtained beforehand. 

5. Retention of personal data 

TAX CONNECTED S.A. will implement all reasonable technical and organizational measures to ensure the security of personal data against unauthorized access, loss, disclosure or destruction. 

The data in paper format is kept in locked cabinets at TAX CONNECTED S.A.’s headquarters, and in secure premises via a secure door. 

Data in electronic format is kept in the Company’s secure computer system, protected by personal access keys that are changed regularly. 

The computer system is protected by the external company Multi-Data via our “firewall” and an anti-virus program as well as an anti-spam program.  

A secure external data back-up is performed daily, guaranteeing rapid data recovery in case of an incident (fire, strike,). 

The data is kept by TAX CONNECTED S.A. for as long as it is necessary with regard to the business relationship with the customer. 

If the data is no longer required with regard to the contractual obligations, it will be destroyed, unless its use is still necessary in order to satisfy the retention obligations in accordance with the law in force in the commercial and fiscal sector. Reference being made to the Luxembourg Commercial Code and the law in force which provides for retention periods of records that vary between 5 and 10 years.  

6. Customer’s rights regarding the confidentiality of personal data / Data controller 

Each data subject has the right to access, request rectification, deletion or restriction of the processing of his/her personal data.  

However, in the context of the business relationship, the customer must provide all personal data required to accept, establish and maintain the business relationship and to meet the legal and contractual obligations related to it.  

Without this data, TAX CONNECTED S.A. will not be able to execute the concluded agreement.  

TAX CONNECTED S.A. is responsible for the processing of personal data. If any natural person in our database wishes to ask any questions regarding the processing of said data, he/she may contact:

Tax Connected S.A. 

Attn. Marine Gonzales 

62, avenue de la Liberté 

L-1930 Luxembourg  

Téléphone : +352 26 3778-1  

Email : marine.gonzales@taxconnected.com