Privacy and Cookie policy
1. Introduction
Equanimity Capital B.V. (“Equanimity Capital”, “we”, “us”, or “our”) respects your privacy and is committed to protecting your personal data. This Privacy and Cookie Policy explains how we collect, use, store, and share your personal data when you visit our website (www.equanimitycapital.nl) or interact with us, in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the Dutch implementation thereof (Algemene Verordening Gegevensbescherming, “AVG”).
2. Data Controller
The data controller responsible for processing your personal data is:
Equanimity Capital B.V.
KvK number: 92208398
AFM registration number: 50035092
Email: general@equanimitycapital.nl
3. What Personal Data We Collect
Depending on how you interact with us, we may collect and process the following categories of personal data:
Website visitors: IP address, browser type and version, operating system, referral source, pages visited, duration of visit, and other technical data collected through cookies and similar technologies.
Registered users / portal users: Name, email address, login credentials (encrypted), and any information you provide when registering for or logging into our website.
(Prospective) investors and fund participants: Name, address, date of birth, nationality, email address, telephone number, identification documents, financial information, source of funds/wealth documentation, and other information required under applicable laws including the Dutch Anti-Money Laundering and Counter-Terrorist Financing Act (Wet ter voorkoming van witwassen en financieren van terrorisme, “Wwft”).
Contact and correspondence: Name, email address, telephone number, and any other information you provide when contacting us.
4. Legal Basis for Processing
We process your personal data on the following legal grounds under Article 6(1) GDPR:
Consent (Article 6(1)(a)): For placing non-essential cookies and for sending marketing communications, where applicable. You may withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
Performance of a contract (Article 6(1)(b)): To manage your participation in the Equanimity Fund, to provide you with access to our investor portal, and to respond to your enquiries.
Legal obligation (Article 6(1)(c)): To comply with our obligations under the Wwft (customer due diligence, transaction monitoring, and record-keeping), tax legislation, the Dutch Financial Supervision Act (Wet op het financieel toezicht, “Wft”), and other applicable laws and regulations.
Legitimate interest (Article 6(1)(f)): To operate and improve our website, to ensure network and information security, and to manage our business relationship with you. Our legitimate interests do not override your fundamental rights and freedoms.
5. How We Use Your Personal Data
We use your personal data for the following purposes:
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Providing and operating our website and services
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Managing investor relationships and fund participation
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Performing customer due diligence and ongoing monitoring under the Wwft
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Fulfilling regulatory reporting obligations to the AFM, DNB, and tax authorities
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Responding to your enquiries and providing technical support
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Ensuring the security of our website and systems
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Improving our website and services based on aggregated, anonymised usage data
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Complying with applicable laws and regulations
6. Data Sharing and Recipients
We do not sell your personal data. We may share your personal data with the following categories of recipients, only to the extent necessary:
Service providers: Our website is hosted on Wix.com. Wix processes data on our behalf as a data processor. We may also use other service providers for IT, accounting, compliance, and fund administration purposes.
Regulatory authorities: We may be required to share personal data with the AFM, DNB, the Financial Intelligence Unit (FIU-Nederland), tax authorities, or other supervisory bodies when required by law.
Professional advisors: Our legal, tax, and compliance advisors, to the extent necessary for the performance of their services, subject to professional confidentiality obligations.
Fund-related parties: Our fund administrator, custodian, and auditor, to the extent necessary for the administration of the Equanimity Fund.
Where we share personal data with third parties, we ensure appropriate safeguards are in place through data processing agreements in accordance with Article 28 GDPR.
7. International Transfers
Some of our service providers (including Wix.com) may process personal data outside the European Economic Area (EEA). Where such transfers occur, we ensure that appropriate safeguards are in place, such as Standard Contractual Clauses (SCCs) approved by the European Commission, or the receiving country has been granted an adequacy decision.
8. Data Retention
We retain your personal data only for as long as necessary for the purposes for which it was collected, or as required by law:
Website visitor data (cookies): See the cookie overview in Section 11 for specific retention periods per cookie.
Investor and participant data: For the duration of your participation in the fund and for a minimum of five years after the end of the business relationship, or longer if required under the Wwft (which generally requires retention of CDD data for five years after the end of the relationship).
Wwft documentation: Retained for five years after the end of the business relationship, unless a longer period is required by supervisory instruction.
Correspondence and enquiries: Up to two years after the last meaningful contact, unless a longer period is necessary for legal purposes.
Tax and financial records: Retained for seven years in accordance with Dutch fiscal retention obligations.
After the applicable retention period expires, personal data is securely deleted or anonymised.
9. Your Rights
Under the GDPR, you have the following rights with respect to your personal data:
Right of access (Article 15): You may request confirmation of whether we process your personal data and, if so, access to that data and information about the processing.
Right to rectification (Article 16): You may request correction of inaccurate personal data or completion of incomplete data.
Right to erasure (Article 17): You may request deletion of your personal data, subject to legal retention obligations.
Right to restriction of processing (Article 18): You may request restriction of processing in certain circumstances, for example while the accuracy of data is being verified.
Right to data portability (Article 20): You may request to receive your personal data in a structured, commonly used, machine-readable format, where processing is based on consent or contract and carried out by automated means.
Right to object (Article 21): You may object to processing based on our legitimate interests. We will cease processing unless we demonstrate compelling legitimate grounds.
Right to withdraw consent: Where processing is based on your consent, you may withdraw that consent at any time without affecting the lawfulness of processing prior to withdrawal.
To exercise any of these rights, please contact us at: general@equanimitycapital.nl. We will respond to your request within one month. This period may be extended by two further months where necessary, taking into account the complexity and number of requests.
10. Right to Lodge a Complaint
If you believe that our processing of your personal data infringes the GDPR, you have the right to lodge a complaint with the Dutch Data Protection Authority:
Autoriteit Persoonsgegevens (AP)
Website: www.autoriteitpersoonsgegevens.nl
Telephone: 088 - 1805 250
We would appreciate the opportunity to address your concerns before you approach the AP. Please contact us first at general@equanimitycapital.nl.
11. Cookies and Tracking Technologies
Our website uses cookies. Cookies are small text files placed on your device when you visit our website. We use cookies for the following purposes:
Essential Cookies
These cookies are strictly necessary for the functioning of our website and cannot be switched off. They are usually set in response to actions made by you, such as logging in or filling in forms.
We do not use analytics, functional, or advertising cookies. Should this change in the future, we will update this policy and obtain your consent before placing such cookies.
Managing Cookies
You can manage or delete cookies through your browser settings. Please note that disabling essential cookies may impair the functionality of our website. Instructions for managing cookies are available on the support pages of your browser (e.g. Chrome, Firefox, Safari, Edge).
12. Security
We take appropriate technical and organisational measures to protect your personal data against unauthorised access, alteration, disclosure, or destruction. These measures include encrypted data storage, secure server environments, and restricted access to personal data on a need-to-know basis.
13. Links to Third-Party Websites
Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those websites. We encourage you to read the privacy policies of any third-party website you visit.
14. Children
Our website and services are not directed at individuals under the age of 16. We do not knowingly collect personal data from children. If we become aware that we have inadvertently collected personal data from a child under 16, we will take steps to delete that data promptly.
15. Changes to This Policy
We may update this Privacy and Cookie Policy from time to time. Changes take effect upon publication on our website. Where changes are material, we will endeavour to notify you. We encourage you to review this policy periodically. The date at the top of this policy indicates when it was last updated.
16. Contact
If you have questions about this Privacy and Cookie Policy or about our processing of your personal data, please contact us:
Equanimity Capital B.V.
Email: general@equanimitycapital.nl
AFM registration number: 50035092
Version dated: 13 April 2026