1.      Introduction

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Algemeen Pensioenfonds van Curaçao (“APC’’) is a pension fund in Curaçao that invests in a broad variety of products available in the local and the international markets. Our local investment portfolio includes a range of lots at Brakkeput Noord Curaçao which will be sold to the public via our website (www.brakkeputnoord.cw). To purchase one of the lots at Brakkeput Noord, you will need to place your bid using the online bidding form available on our aforementioned website.

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Brakkeput Noord offers an exciting opportunity to build your dream house on one of the unique lots available. The diverse range of lots gives you flexibility in terms of size, location and views to create your ideal living space. 

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APC acts as data controller under the National ordinance on data protection (“NODP”) when rendering the aforementioned services related to the sale of the lots at Brakkeput Noord. This means that we have certain legal duties and responsibilities for our processing activities.

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In this Privacy Statement (the “Privacy Statement”) you can find information about whether, how and why APC collects and uses your personal data. Personal data is all data concerning an identified or identifiable natural person. The Privacy Statement applies to all personal data that is processed by or on behalf of APC when you use our services regarding the sale of a lot at Brakkeput Noord Curaçao, visit our website (www.brakkeputnoord.cw) (“our website”) or otherwise communicate with, or are in contact with APC regarding the aforementioned sale.

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We may change the Privacy Statement at any time by posting the revised statement on this website. The revised Privacy Statement will be effective once posted unless we state otherwise.

Your privacy is very important to us which is why the Privacy Statement is in place to ensure that the personal information that is provided to APC or otherwise obtained is treated confidentially.

APC makes use of cookies and similar technologies on our website (collectively referred to as “cookies”). In the Privacy Statement we inform you, amongst other things, regarding the cookies and how APC uses cookies on our website.

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By submitting your information, you acknowledge that all representations made by you are true and correct to the best of your knowledge and belief, and you have not knowingly omitted any related information of an adverse nature. By submitting your information, you furthermore grant APC your unambiguous consent for the processing of the personal data that you have disclosed on our website.

Providing any inaccurate information may make you ineligible for registration for and the use of our website online auction platform.

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By using our website or entering into an agreement with APC, you indicate your acceptance to the Privacy Statement and the usage of your personal data as indicated in the Privacy Statement.

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2.      The purpose of processing your personal data

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We process the data collected to comply with our legal and contractual obligations to our customers, authorities and other relevant parties.

In addition, we process personal data from you to the extent that is permitted by law and deemed appropriate, for the following purposes in which we have a legitimate interest:

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• To finalize an auction sale (this is based on a contractual necessity and/or your given consent);

• To process and address requests, inquiries or complaints received from you (this is based on your given consent);

• To initiate and carry out our services, as well as establish the necessary processes and systems (this is based on a contractual necessity and/or your given consent);

• To manage and administer our relationship with you (this is based on a contractual necessity and/or your given consent);

• To ensure compliance with regulatory and policy requirements (this is based on a legal obligation and/or your given consent);

• To fulfill your requested services (this is based on a contractual necessity and/or your given consent);

• To engage in communication with you regarding the services we provide (this is based on your given consent);

• To detect, prevent, mitigate and investigate fraudulent or illegal activities (this is based on a legal obligation and/or your given consent);

• To enhance and optimize our website by generating usage statistics (this is based on your given consent);

• To track and evaluate our business operations and systems (this is based on your given consent);

• To establish, exercise or defend legal claims and proceedings against APC and its personnel (this is based on your given consent and/or the necessity to warrant the interest of APC or a third party to which the data will be provided);

• To conduct business development activities and explore growth opportunities (this is based on your given consent).

 

3.     The personal data we collect and process

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APC could collect the following personal data:

• Information received from you, when you submit information online on our website;

• General information, such as your date of birth, nationality, identification number, place of birth, gender, name and address;

• Contact information, such as your e-mail address, telephone and fax number;

• Data necessary to finalize an auction sale such as your bank account information;

• Metrics of your visit on our website, such as used device-type, IP-address and user-agent;

• Information regarding your participation in events and your areas of interest;

• Personal data that we need for compliance purposes;

• Personal data provided to APC in the course of rendering services which may include special categories of data such as data relating to a person’s religion or belief, race, political views, health, sexual life as well as personal data concerning membership of a trade union, criminal personal data and data regarding unlawful or obstructive conduct in connection with a prohibition imposed in response to that conduct;

• Any other personal data relating to you that you provide to APC.

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The aforementioned personal data is processed by APC and was provided by you as the person concerned on your own initiative and you hereby give APC your unambiguous consent to process or to have a third party contracted by APC to process the aforementioned data.

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4.      The basis to use the personal data

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APC will process the above-mentioned personal data solely based on the following legal grounds as specified in article 8 of the NODP:

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1. You have granted your unambiguous consent for the processing;

2. The data processing is necessary for the execution of an agreement to which you are a party to, or to take pre-contractual measures that are necessary for the contracting of an agreement, in response to a request by you;

3. The data processing is necessary for compliance with a legal obligation to which APC is subject;

4. The data processing is necessary for the protection of a vital interest of the person concerned;

5. The data processing is necessary for the correct performance of a duty of public-law for the relevant administrative authority or the administrative authority to which the data will be provided; or

6. The data processing is necessary for the representation of the warranted interest of the responsible party or of a third party to which the data will be provided, unless the interest or the fundamental rights and freedoms of the person concerned, in particular the right to protection of privacy, take precedence.

 

5.    Sharing of your personal data with third parties

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In the course of delivering our services, it may be necessary for APC to disclose personal data to third parties. Please be advised that APC will only disclose your personal data to third parties to the extent necessary in order to (further) process your personal data needed for its services, considering the aforementioned purposes. This includes granting access to your personal data to our suppliers and sub-suppliers when they perform services on our behalf (mainly to maintain and support our ICT systems). APC will agree with the aforementioned third parties that they may not keep and process the personal data beyond the necessary duration for the realization of the purposes for which they were gathered or were then processed.

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Additionally, disclosure may occur to regulatory authorities (such as the Central Bank of Curaçao and St. Maarten and the Financial Unit of Curaçao), courts, tribunals, notaries, government agencies and law enforcement agencies for the specified purposes outlined above. Any transfer of personal data outside the EU/EEA adheres to applicable data protection laws. Our international transfers of personal data outside the EU/EEA are executed in accordance with the EU Commission’s standard contractual clauses.

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6.      Protection of your personal data

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APC places significant importance on the security and safeguarding of your personal data. To this end, APC has implemented suitable technical and organizational measures designed to prevent the loss or unauthorized processing of personal data.

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In instances where APC engages third-party services, such as those provided by an IT supplier, APC will ensure the inclusion of adequate security measures. This commitment is aimed at upholding the protection of personal data and maintaining a high standard of security throughout all aspects of data processing.

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7.      The retention of your personal data

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The personal data will not be kept in a form that enables identification of the person concerned for any longer than is necessary for the realization of the purposes for which they were gathered or were then processed.

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The personal data may be kept for longer than is provided for in this article, to the extent that they are kept for historical, statistical or scientific purposes and APC has made the necessary provisions to ensure that the relevant data are used solely for those specific purposes.

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8.      Your rights regarding your personal data

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The NODP and other relevant laws outline specific rights for individuals concerning their data. As a data subject, you possess the following rights under the aforementioned regulations:

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• Right to freely and at reasonable intervals address requests to APC for information regarding whether your personal data is processed.

• Right to removal, rectification, correction or improvement of your personal data if they are factually incorrect, incomplete or irrelevant for the purpose or purposes of the processing or are processed in contravention of any statutory provision;

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You can send a request for correction, limitation, objection, or elimination of your personal data or withdrawal of previously given permission via the contact details below.

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In certain situations, APC cannot or not fully implement your request as a data subject. This is, for example, the case if your request the removal of your personal data and your personal data is necessary to process or conclude a sale and the law or the contract with APC does not permit you to withdraw from the transaction.   

 

9.      Cookies

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APC collects usage data on our website for statistical analysis, aiming to enhance the overall user experience. The personal data obtained through this process is generally anonymized and is not sold to third parties. To improve the website's usability, we utilize "cookies" which are small text files placed on your computer, tablet, or smartphone during your visit to APC's website. While you have the option to decline the use of these cookies, it's important to note that this choice might restrict the functionality and user-friendliness of our website.

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10.    Adjustment policy

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The Privacy Statement was most recently revised on February 21, 2024. APC retains the right to modify the contents of this Privacy Statement at its discretion, without prior notice. In instances where changes could significantly impact the involved parties, APC will make diligent efforts to promptly inform them. All modifications become effective immediately upon the publication of the updated Privacy Statement on our website, unless we state otherwise. It is advisable to routinely check our website for the latest information, as APC encourages you to stay informed about any updates.

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11.    Contact information

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Should you have any inquiries or concerns regarding the processing of your personal data or the utilization of cookies, we encourage you to reach out to us via: brakkeputnoord@apc.cw. Feel free to contact us with any questions or complaints, and we will be pleased to assist you.