Fundbase

PRIVACY POLICY

This Privacy Policy was last updated May 24, 2018

Fundbase Fund Services AG aims to protect the privacy of every current, prospective, and former client as far as possible. This Privacy and Cookies Policy (the “Policy”) describes the type of personal data we may collect, the purposes for which we use the personal data, the circumstances in which we may share the personal data and the steps we take to safeguard the personal data to protect your privacy.

I. Data Controller:

Fundbase Fund Services AG (Fundbase or Controller), Bahnhofstrasse 1, 8852 Altendorf SZ, Switzerland, dataprotection@fundbase.com
EU representative: Nectar Financial (Slovakia), s.r.o., Trnavská cesta 28/B, Bratislava, Slovakia, dataprotection@nectarfinancial.com

II. What categories of Personal Data we process?

Fundbase processes following categories of Data Subjects‘ data (including but not limited to): Basic Personal Data including Contact Details (e.g. name, address, email, phone number); Financial Details (e.g. bank account); Identification and Background Checks (e.g. IP address); Business Activities; (Personal Data).

Fundbase may obtain personal data from you in the context of our business relationship. We also process personal data that we obtain from publicly accessible sources where it is necessary to provide our services (e.g. commercial registers, internet) or from other third parties.

III. What are the purposes of processing?

Fundbase processes Personal Data for the following intended purposes:

Fundbase.com uses cookies. For more information see Cookies policy.

IV. Legal basis for processing

Fundbase is entitled to process Personal data when the laws so provide. In this case Fundbase doesn’t need your consent to the processing and you are obliged to disclose them to Fundbase. In case of non-provision of such data Fundbase won’t enter into contract with you.
Fundbase processes personal data in order to enter into contract with you and execute thereof. If you refuse to provide such data Fundbase won’t enter into contract with you or won’t be able to fulfil its obligations.
Fundbase processes personal data in furtherance of its legitimate interests in operating its services, websites and business.
Some personal data may be processed upon your consent. Where the data is processed on the consent basis you are entitled to withdraw your consent at any time, without affecting the lawfulness of processing prior its withdrawal.
You can find more details on legal basis for processing in Annex A.

V. Categories of designated data recipients

Fundbase may disclose Personal Data to the following recipients for the abovementioned purposes insofar as it is legally permissible or necessary to do so, and to the extent that disclosure is required or legal:

For more details see Annex A.

Fundbase also discloses some Personal Data to Fundbase Platform Registered Users upon data subject explicit consent based on Terms of use, Listing Policy and Reverse Solicitation Policy.

VI. Data transfer to recipients outside of Switzerland

Personal Data may be transferred to member states of the European Union (EU) or the European Economic Area (EEA) or other countries which ensure adequate level of protection. Fundbase may transfer personal data to recipients in other countries which must provide appropriate safeguards and under condition that enforceable data subjects rights and effective legal remedies for data subjects are available. Fundbase intends to transfer data to the recipients in following countries:

For more details see Annex A.

Fundbase also discloses specific data to Fundbase Platform Registered Users, who may be located in the third countries not ensuring adequate protection of Personal Data, upon data subject specific consent based on Terms of use, Listing Policy and Reverse Solicitation Policy.

VII. Data retention periods

Fundbase will store Personal data as long as reasonably necessary for the above-mentioned purposes. Some retention periods are set out by applicable law. In relation to the marketing purpose Fundbase will cease the processing once you unsubscribe from the receiving of any marketing materials or communication.

VIII. Protection of your personal data

Fundbase has implemented appropriate technical and organisational security measures to protect your Personal Data against loss, accidental or unlawful destruction or alteration, unauthorized disclosure of, or access to Personal Data.

Payment or bank details are transmitted, after we authenticate your details, to the web server using a 'secure form' in which your details are encrypted using the most secure encryption level available (our extended security validation is highlighted with a green bar in the browser). You should notify us immediately if you have any reason to suspect that someone else may be using your details. An encryption certificate can be viewed by double clicking on the padlock icon displayed within the web browser window when you are on a secure page.

IX. Your rights

You are entitled to request from Fundbase access to, correction, update, erasure of personal data or restriction of processing or to object to processing as well as the right to data portability. You can submit your request in a written form or electronically (see contact details in the Art. I above). Please, don’t forget to identify yourself sufficiently otherwise Fundbase won’t be able to handle your request.

  1. Right of access by data subjects
  2. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data.
  3. Right to restriction of processing
  4. Data subject has the right to obtain from the controller restriction of processing where one of the following applies:
  • Right to object
  • The data subject has 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 the including profiling based on those grounds.
  • Right to erasure (‘right to be forgotten’)
  • The data subject has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: unless the applicable law provides otherwise.
  • Right to data portability
  • The data subject has the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where
  • Right to file a complaint with a supervisory authority
  • Data subject has the right to file a complaint with a supervisory authority, in particular in the state of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes applicable laws.

    X. Age limitations

    Fundbase does not knowingly collect personal data from natural persons under the age of 18 via Fundbase website or Fundbase’s generally accessible contact details. If we determine we have collected personal data from a person younger than 18 years of age, we will take reasonable measures to remove that data from our systems. If you are under the age of 18, please do not submit any personal data to us. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this provision by instructing their children never to provide personal data without their permission.

    XI. Final provisions

    This Policy shall also serve as the information on personal data processing for data subjects in accordance with the EU General Data Protection Regulation (GDPR). Fundbase reserves the right to change this Policy from time to time. Please check this Policy frequently and particularly before you submit additional personal data to Fundbase. All revisions to this Policy will be published on www.fundbase.com.

    Annex A

    LEGAL BASIS FOR PROCESSING

    PurposeData CategoriesLegal basis Entering into contract and performance thereof Basic Personal Data; Professional Details, Financial Details; Identification and Background Checks; Business Activities; Performance of the contract or Pre-contract Relations Accounting Basic Personal Data, Financial Details Compliance with/fulfilment of legal obligation to which the controller is subject Marketing Contact details Controller’s Legitimate Interest in promoting its services or products to existing clients or prospective clients who voluntarily provided their contact details; you can unsubscribe from receiving any marketing materials or communication; if the processing is consent-based you may withdraw your consent anytime. Fulfilment of other Controller’s statutory duties (e.g. towards tax office) Basic Personal Data; Financial Details, other relevant data categories Compliance with/fulfilment of legal obligation to which the controller is subject Litigation (in the case of a trial) Basic Personal Data, other relevant data categories Controller’s Legitimate Interest in protection of its rights Prevention, detection and investigation of illegal activities Basic Personal Data, other relevant data categories Controller’s Legitimate Interest in protection of its rights

    LIST OF RECIPIENTS

    (PROSPECTIVE) PROCESSORS

    (individuals or legal entities) processing personal data on behalf of Fundbase:

    ProcessorsPurpose of processing Nectar Financial AG, Switzerland and its affiliates - Nectar Financial (Slovakia), s.r.o., Slovakia Outsourcing partner for provision of the services Suppliers, Consultants, Subcontractors Provision of the Services SW providers Provision of the SW and related services

    OTHER (PROSPECTIVE) RECIPIENTS WITHIN SWITZERLAND:

    RecipientPurpose of processingLegal obligation imposed by Tax Offices Tax Administration Tax Legislation Courts, other judicial authorities, criminal justice authorities (law enforcement) Civil or Criminal Proceedings Swiss Civil Procedure Code, Swiss Criminal Procedure Code Federal Data Protection and Information Commissioner Protection of personal data Federal Act on Data Protection Auditors Conducting Audits Code of Obligations, Federal Act on the Licensing and Oversight of Auditors FINMA Financial Markets Supervision Federal Act on the Swiss Financial Market Supervisory Authority

    TRANSFER TO THIRD COUNTRIES (OUTSIDE OF SWITZERLAND)

    CountryAdequacy of protection where data is transferred to the third country EEA Adequate USA Protection adequate by Swiss – U.S. Privacy Shield* and/or EU-U.S. Privacy Shield* Participant, otherwise ensured via standard data protection clauses or otherwise

    *The Privacy Shield Principles lay out a set of requirements governing participating organizations’ use and treatment of personal data received from the EU and/or Switzerland. By joining the Privacy Shield, participants make a commitment to comply with these principles that is enforceable under U.S. law

    COOKIES POLICY

    1. What cookies Fundbase use and why

    Cookies are small text files, which often include a unique identifier that is sent by a web server to your computer, mobile phone or any other internet enabled device (“device”) when you visit a website. Cookies are widely used in order to make websites work efficiently and help provide us with business and marketing information to enable us to make informed decisions on the development of our websites. We use three main types of cookies.

    'Performance' cookies

    These help us see how you use our website e.g. which pages you visit. These cookies don't collect any information that could identify you – all the information collected is anonymous and is only used to help us improve the performance of our website, understand what interests our users and measure how effective our advertising is.

    We use performance cookies to:

    Performance cookies will not be used to:

    Sometimes cookies are managed for us by third parties, but we don't allow the third party to use the cookies for any purpose other than those listed above.

    By using our site you accept the use of 'Performance' cookies.

    ‘Identification' cookies

    These are used to help us customize website content based upon your selections.

    We use identification cookies to:

    Identification cookies will not be used to:

    You can control whether or not these cookies are used, but preventing them may mean you are unable to access certain features or services. Preventing these cookies may stop us remembering that you didn't want a specific feature or service.

    By using our site you accept the use of 'Identification' cookies.

    ‘Targeting’ cookies

    These are used to send you relevant information and see which content you use.

    We use targeting cookies to:

    Targeting cookies will not be used to:

    By using our site you accept the use of 'Targeting' cookies.

    2. Third party cookies

    There are a number of third parties which provide Fundbase with content and functionality on our website, some of these providers will use cookies to ensure the particular areas on the site work. None of these cookies are “targeting” cookies. The site also has Social Interaction links (such as LinkedIn, Facebook or Youtube). Fundbase does not control any cookies that may be sent when using these external websites. For more information on these it is advised to check their cookie policies.

    3. How to control and/or delete cookies

    It is possible to remove cookies or block them from recording this information. This is generally found within the Options menu then Privacy section of your particular browser. Each browser is slightly different and constantly updating. For more information consult the Help menu for your browser. This information has been provided to show our commitment to legislation regarding cookie awareness so that you can understand what cookies we use and why we use them. This ensures transparency in the data collected on you.

    4. Further information

    Information about cookies: http://www.allaboutcookies.org

    QUESTIONS

    If you have any questions or complaints relating to the Policy or how we use the personal information we have about you, please contact us on dataprotection@fundbase.com or dataprotection@nectarfinancial.com, and we will endeavor to respond to you promptly.