Privacy Policy

Last updated: 24/02/2024

Introduction

This Privacy Policy describes the guidelines and principles adopted by Nomera Capital - Consultoria e Investimentos, Lda., a limited liability company incorporated under the laws of Portugal with registered office at Rua Hermano Neves, n.º 18, piso 3, E-7, with a share capital of EUR 2,000, holder of the VAT registration number 514.408.391 (hereinafter “Nomera Capital”), to ensure the protection of the personal data subjects, establishing guidelines regarding the rights of the data subjects and the processing and free movement of personal data.

In the course of its activities, Nomera Capital collects and processes personal data from various data subjects, namely (i) people who subscribe to our newsletter; (ii) people who ask us to contact them, by entering a contact request on the website www.goldenvisafunds.pt or by other means, such as e-mail.

(hereinafter jointly referred to as "data subjects").

Controller Identification

Nomera Capital is considered, for all legal purposes, the "Controller” of all personal data it collects regarding the data subjects.

Personal Data Categories

Nomera Capital may process personal data set out in the following categories:

• Identification Data: namely full name, birth date, birth country and tax number;
• Contact Data: such as full address, e-mail address, telephone and mobile contacts, among others.

Personal Data Source

Personal data processed by Nomera Capital are data mainly provided from data subjects at the time of their first contact and while data subjects maintain a contractual and/or pre-contractual relationship with Nomera Capital.

Nomera Capital collects personal data mainly through e-mail, telephone, face-to-face contact and forms on webpages.

Personal Data Processing Purposes, Processing Legal Basis and Storage Periods

Nomera Capital processes personal data from data subjects for several reasons, justified by data protection laws applicable in the EU and in Portugal, namely Regulation (EU) 2016/679 (General Data Protection Regulation) (hereinafter “GDPR”).

Nomera Capital processes its clients’ personal data for the following purposes and according to the following lawful basis:

Data subjects’ personal data is stored throughout the duration of the relationship established with Nomera Capital and until ten (10) years from its term, considering that in some situations the storage period may be longer, in which cases this extension will be legally justified and sustained. This period was defined in accordance with data protection applicable laws and civil and commercial contracting applicable laws, and in order to deal with the eventuality of Nomera Capital having the need to provide evidence in any legal claim or potential legal claim among itself and data subjects.

Regarding personal data processing for marketing purposes and commercial communication, this processing shall be exclusively done with the data subject’s prior explicit consent, given at the time of the personal data collection.

The consent for processing of personal data for marketing purposes and commercial communication may be withdrawn at any time, although the withdrawal of consent shall not affect the lawfulness of processing based on previous consent nor the subsequent processing of the same data, based on another legal basis, such as, for example, performance of a contract to which the data subject is party, or in order to take steps at the request of the data subject prior to entering into a contract and compliance with legal obligations to which Nomera Capital is subject to.

Automated Decision-making (“Profiling”)

Nomera Capital does not use technologies for decision-making exclusively based on automated processing of subject’s data. 

Categories of Recipients of the Personal Data

Nomera Capital may share personal data of data subjects with Nomera Capital’s commercial partners within the scope of the services provided to the data subjects, which shall process personal data on behalf of and according to Nomera Capital’s instructions, namely:

• companies specialized in providing website hosting and backup systems and other computer support and development services;
• companies specialized in the provision of programming and digital marketing services, in situations where the data subject has given his consent;
• lawyers, auditors and other consultants who provide consulting services to Nomera Capital;
• legal advisors who collaborate with Nomera Capital in assisting the data subjects in the process of investing and applying for the Golden Visa;
• bank entities who collaborate with Nomera Capital in assisting the data subjects in the process of opening a bank account in Portugal for investment and Golden Visa purposes.

In the data transfers of personal data to its service providers, Nomera Capital assures that the processing entity is bind by an outsourcing agreement that sets out the obligations of personal data processing in compliance with protection of personal data legislation.

Nomera Capital may also share the personal data of the data subjects with third entities (i) due to requirement or legal notice to this effect, as long as dully justified and legally sustained; (ii) by request from a public authority, as long as dully justified and legally sustained; (iii) following a request expressly formulated by data subjects in relation to the data to which they are entitled of, in exercising their rights, in particular, the right to portability; (iv) as required by law.

Transfer of Personal Data to Other Countries

Nomera Capital does not transfer the personal data of data subjects to entities based outside the European Union. 

Rights of the Data Subjects

As an expression of our commitment for ensuring the privacy of data subjects, Nomera Capital assures, in compliance with the applicable national and EU legislation, a wide range of rights which may be exercised under the following terms:

• Right of Access

The data subjects may, at all times, contact Nomera Capital and require confirmation that the personal data concerning him or her that are being processed and, in such case, of being informed regarding: (i) the categories of personal data concerned; (ii) the  purposes of the processing of their data; (iii) the period for which the data will be stored or the criteria used to determine that period; (iv) the rights they are entitled to and how to exercise them; (v) the data source relating to them; (vi) the existence of automated decision-making, including profiling.

Nomera Capital may only provide information from data subjects and not personal data from other people. Furthermore, in the event the access to information may adversely affect the rights of another person, Nomera Capital reserves the right to not disclose such information.  

If requested by the data subject, Nomera Capital will send a copy of his or her personal data in the processing phase, in electronic format. If further copies are requested, Nomera Capital reserves the right to charge a fee equivalent to the administrative costs incurred to satisfy the request.

• Right to Erasure

Also known as “right to be forgotten”, enables the data subject to request the elimination or removal of his or her personal data where there is no mandatory reason for Nomera Capital to continue to use them.

The right to erasure is not absolute because Nomera Capital may have the right or the legal obligation to retain the information under the applicable legislation.    

• Right to Rectification

Wherever verified that the processed personal data is out-of-date, incomplete or inaccurate, the data subject is entitled to request Nomera Capital its rectification within the shortest possible time.

• Right to Data Portability

The data subject also have the rights to: (i) receive from Nomera Capital personal data concerning him or her, in a commonly used and machine-readable format; (ii) to transmit those data to third parties unrelated to Nomera Capital, under him or her exclusive responsibility; and/or (iii) to request Nomera Capital to transmit those data to third parties. The right to data portability only covers the data to which the data subject has consented to processing, data related to a contract to which the data subject is party or if the processing is performed by automatic means.

Nomera Capital reserves the right to refuse data portability requests where these affect the rights and freedoms of others, or conflict with any legal requirement.

• Right to Restriction of Processing

In certain situations, the data subject has the right to “block” or to remove the continued using of data subject’s information. When processing is restricted, Nomera Capital continues to be able to store data subject’s information, although it may not continue to use them.

The data subject may request restriction of processing for an indefinite period, when intending to suspend the processing, but storage his/her data. This situation may occur when:

• data subjects contest the accuracy of the personal data, being the processing limited for a period enabling Nomera Capital to verify the accuracy of the personal data; or
• data subject waits for a response to a restriction of a processing request.

Where processing has been restricted, personal data shall only be processed with the data subject’s consent, except for specific processing established by law. Nomera Capital assures that the data subject who has requested the restriction of his or her data is informed before the restriction of processing is lifted. Nomera Capital reserves the right to restrict processing data from data subjects when it no longer needs it, committing to storage the data for the storage period pre-established. Nomera Capital assures that the data subject who has requested his/her data restriction is informed prior to the respective annulment.

• Right to Object

Nomera Capital ensures the necessary means so that the data subject might be able to object to certain processing of personal data for certain purposes, notwithstanding the directives or laws in force.

The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on legitimate interests.

However, Nomera Capital shall continue to process data from the data subject if it is able to demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or in case of need the personal data to establish, exercise or defense of legal claims.

Shall object at any time to processing of their personal data for direct marketing purposes (including profiling related to such direct marketing) through the e-mail address privacy@goldenvisafunds.pt.

• Right to Lodge a Complaint

Notwithstanding Nomera Capital’s adoption of best practices in relation to the protection of personal data, data subjects are granted the right to lodge a complaint before the Portuguese National Data Protection Authority (“Comissão Nacional de Protecção de Dados”) (https://www.cnpd.pt) in relation to the processing of personal data performed by Nomera Capital, through any of the channels permitted by the aforementioned authority. 

The rights provided and described in this Policy and, as well as other rights provided under the relevant legislation in force may be freely exercised by contacting Nomera Capital through the e-mail address privacy@goldenvisafunds.pt.

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Get in Touch!

If you have any queries in relation to the processing of your personal data, please contact us at privacy@goldenvisafunds.pt.

Privacy Policy Amendments

Nomera Capital might amend or update this Privacy Policy due to new regulatory or legal requirements, as well as following the improvements made in quality of service and the development of our commitment in what regards to personal data protection. Any amendments to this Privacy Policy will be duly publicized in the various Nomera Capital’s communication channels.