Privacy policy

Updated: June 2022

With this privacy policy, we (FUNDINGPORT GmbH) inform you about how personal data is collected, processed and used when you visit our website and use our platform. Personal data is information that relates to an identified person. This includes, above all, information that allows conclusions to be drawn about your identity, such as your name, telephone number, address or e-mail address.Statistical data that we collect, for example, during a visit to our website and that cannot be associated with your person do not fall under the concept of personal data, nor do company figures, for example.

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1. contact person

The provider of the website www.fundingport.com is

FUNDINGPORTGmbH
Millerntorplatz
120359 Hamburg, Germany

E-mail: privacypolicy(at)fundingport.com Subject: Privacy Policy

(hereinafter also referred to as "fundingport", "we" or "us").

fundingport is the responsible party within the meaning of the EU General Data ProtectionRegulation (GDPR) for the collection, processing and use of personal data of a website visitor when accessing the website www.fundingport.com, within the scope of the registration process for the platform and to the extent that we need to check and process the content of information and documents entered or uploaded by you on our platform outside of the data room for the purpose of arranging non-binding offers for corporate or project financing ("term sheets"). To the extent that you enter or upload personal data in the dataroom on our platform within the scope of using our platform, we are not responsible with regard to the personal data stored in the data room, but act as a processor of the users responsible under data protection law in this respect within the meaning of our Terms and Conditions ("Terms").fundingport merely provides the technical infrastructure for this data room in this respect. For this purpose, a corresponding order processing agreement is concluded between us and the respective user, which is part of our Terms and Conditions. In the data room, the user and no longer fundingport is therefore responsible for the fulfillment of the information obligations under data protection law.

If you have any questions or suggestions regarding data protection, please do not hesitate to contact us. You can send your data protection concerns by e-mail to our data protection team at privacypolicy(at)fundingport.com. In addition, you always have the option of contacting our data protection officer by mail at the above address (keyword: "data protection officer").Our full contact details for this are:

FUNDINGPORTGmbH
Millerntorplatz
120359 Hamburg, Germany

2. data processing during the use of our website without using the product.

2.1. visit the page

It is generally possible to visit our website without providing personal data.Personal data is only collected if this is necessary for technical reasons for the use of our website or if you use certain functions or services offered on our website, such as by contacting us by e-mail.

The following access data is automatically collected each time you access our website:

  • Date and time of access
  • Name of the requested file
  • Web page from which the file was requested
  • Access status (e.g. file transferred, file not found)
  • the web browser you use and the operating system of your device
  • the IP address of the requesting device

The data processing of this data is necessary to enable the visit of the website and to ensure the permanent functionality, availability and security of our systems.The legal basis for this data processing is Art. 6 para. 1 p. 1 lit. b DSGVO.

The access data is also temporarily stored in internal log files for the purposes described above, in order to compile statistical information about the use of our website, to further develop our website with regard to the usage habits of our visitors (e.g. if the proportion of mobile devices used to access the pages increases) and to generally maintain our website administratively. The legal basis for this data processing is Art. 6 (1) p. 1 lit. f DSGVO, based on our legitimate interest in the proper optimization of our website.

The information stored in the log files does not allow any direct conclusions to be drawn about your person - in particular, we only store the IP addresses in shortened, anonymized form. The log files are stored for seven days and archived after subsequent anonymization.

2.2 Contacting

We offer you the possibility to send us e-mails via privacypolicy(at)fundingport.com if you are interested in our products. We process the data you provide in the e-mail in order to respond to your inquiry. The legal basis for the described data processing is Art. 6 para. 1 p. 1 lit. b DSGVO. The data collected when using the contact form will be automatically deleted after complete processing of your request.

2.3 Registration

You have the option of registering on our platform as a sub-broker, sales coordinator or provider in order to be able to contact the other party on the fundingport platform as a sub-broker, sales coordinator or provider. We have highlighted the data that you are required to provide by marking them as mandatory fields.Without this data, registration as a sub-broker, sales coordinator or provider is not possible. The legal basis for the processing is Art. 6 para. 1 lit. bDSGVO.

3. cookies and usage analysis

3.1 Use of own cookies

When you visit and use our website, various cookies are set. Cookies are small text files that are stored in the memory of your web browser and contain information with which you can be recognized by web servers on subsequent visits. Cookies cannot execute programs or transfer viruses to your computer.

The main purpose of our own cookies is rather to make the use of our services as time-saving and user-friendly as possible.

We use our own cookies in particular:

  • for load distribution;
  • to save login data;
  • to save contents of form fields;
  • to indicate that information placed on our website has been displayed to you, so that it will not be displayed again the next time you visit the website.

We want to enable you a more comfortable and individual use of our website. The processing of the respective cookies is based on our aforementioned legitimate interests, the legal basis in this respect is Art. 6 para. 1 p. 1 lit. f DSGVO.

You can prevent the storage of cookies by preventing the acceptance of cookies via this website in your browser settings. If you do not accept cookies, however, this may lead to significant functional limitations of our website in individual cases. For more information on cookies, please see our Cookie Policy.

3.2 Webflow

We host our website with Webflow. The provider is Webflow, Inc., 398 11th Street, 2nd Floor, San Francisco, CA 94103, USA (hereinafter referred to as “Webflow”). When you visit our website, Webflow records various logfiles, including your IP address. Webflow is a tool for the creation and hosting of websites.  Webflow stores cookies or other recognition technologies that are required for the depiction of the site, for the provision of certain website functions and to guarantee its security (necessary cookies). For details, please consult the data privacy policy of Webflow: https://webflow.com/legal/eu-privacy-policy.

We use Webflow on the basis of Art.6(1)(f) GDPR. We have a legitimate interest in ensuring that our website is depicted as reliable as possible. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

The transfer of data to the United States is based on the standard contract clauses of the EU Commission. For details, please go to: https://webflow.com/legal/eu-privacy-policy.

Data processing

We have concluded a data processing agreement (DPA) with Webflow. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

3.3 Hotjar

As part of our use of the Platform, we use Hotjar Web Analytics, a service provided by Hotjar Ltd, Level 2, St Julians Business Centre, 3, Elia Zammit Street, StJulians STJ 3155, Malta ("Hotjar"). We use Hotjar to better understand the needs of our users and to improve our services and user experience on this website. For example, it is possible to see how much time users spend on which of our pages, which links users click on, what they like and dislike. This allows us to adapt our offer to the feedback of our users.The data processing is based on your consent Art. 6 para. p. 1 lit. a DSGVO.You can revoke this consent at any time.

Hotjar uses cookies and other technologies to collect data about the behavior of our users and their devices. This includes a device's IP address (processed during your session and stored in de-identified form), device screen size, device type(unique device identifiers), browser information, geographic location (country only), and the preferred language in which our website is displayed. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjaris contractually prohibited from selling the data collected on our behalf. We have concluded a data processing agreement with Hotjar.

You can find more details on Hotjar's support page in the "About Hotjar" section. For more information, see Hotjar's privacy policy.  

4. product: matching algorithm or brokerage platform

As part of using the platform, the sub-broker, sales coordinator or provider first registers on the platform with their data and creates a company profile as a sub-broker, sales coordinator or provider. With regard to this data, fundingport carries out a preliminary check to ensure that it is complete.fundingport must therefore first process some of this data so that we are able to ensure targeted matching between customers and providers. According to the data provided by the sub-intermediary during the registration process, fundingport or our matching algorithm selects the matching providers based on the information provided by the sub-intermediary and the corresponding criteria of the providers. The sub-broker can then select the providers found by the matching algorithm on his own responsibility and decide to which provider the entries he has made and the data and documents uploaded in the data room should be displayed. If the sub-broker is a sole trader, the legal basis for the processing of the matching is Art. 6 (1) b DSGVO, in all other cases Art. 6 (1)f DSGVO, based on the legitimate interest in the fulfillment of the contract with the sub-broker.

The sub-broker, sales coordinator or provider can use the data room located on our platform to upload additional data and documents. Providers selected by the sub-intermediary will then have access to this data and documentation. The selected providers or their sales coordinators can make an offer to the sub-broker based on this data and after due diligence has been performed on their side, which the sub-broker can accept or reject. He or she can upload data and documents in the data room without the influence of fundingport, share them with providers in the event of provider selection, and also delete them again.With regard to the processing of personal data entered or uploaded into the data room by the respective sub-broker, sales coordinator or provider and stored there, we are not the data controller under data protection law, but process the data stored there in our function as order processor for the respective sub-broker, sales coordinator or provider responsible under data protection law in accordance with the order processing agreements concluded with the latter.

5. our company profiles in social networks

Various social networks are linked on our website:

  • LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland), Privacy Policy.

We link to our company profiles on the respective social networks on our website.So-called. Social plugins are not used on our website and therefore a direct connection to the servers of the respective social networks is not automatically established when you visit our pages. However, please note that when you click on a link to the social networks or visit our company profile on the respective social network, data is transmitted to the respective servers.If you are logged in to the respective social network with your user name and password at that time, the information that you are visiting our company profile on the respective social networks will be transmitted there and the respective provider can assign this information to your user account. We operate the company profiles in joint responsibility with the providers of the social network in order to communicate there with followers (such as users) and to provide information about our products and services.

The data is usually processed there by the providers for market research and advertising purposes. Thus, user profiles can be created based on the interests of the users and detailed statistics can be compiled. For this purpose, cookies and other identifiers will be stored on the users' computers. On the basis of these usage profiles, advertisements are then placed within the social networks but also third-party websites, for example.

When using social networks, users' personal data may be processed outside the EuropeanEconomic Area. In the event that a provider is certified under the EU-USPrivacy Shield, it has thereby undertaken to comply with the data protection standards of the EU.

As a matter of principle, we have no influence on the data processing on the websites of the social networks that takes place in accordance with the terms of use. We receive statistics from the providers about the use of and visits to our company profiles on the social networks (e.g., information about the number of views, interactions such as likes and comments, and summarized demographic and other information or statistics). We do not share any information about our customers with the respective providers, but at most certain general parameters about our company and the portfolio on our company profile. The providers use this information to create more detailed statistics. In addition, the providers may use the data for their own purposes, over which we have no further influence. You can find more information in the privacy notices of the providers linked above.

Insofar as we receive your personal data within the scope of our social media offering(e.g. within the scope of a communication), you are entitled to the rights stated in this data protection declaration (see section "Your rights"under item 7). You can address your inquiries regarding data processing within the scope of our company profiles to us via the contact data mentioned in section 1.

If you also wish to assert rights against the provider of the social network, the easiest way to do so is to contact the respective provider directly. The provider knows both the details of the technical operation of the platform and the associated data processing as well as the specific purposes of the data processing and can implement appropriate measures at your request if you exercise your rights. The contact details can be found in each case in the data protection notices linked above. We will also gladly support you in asserting your rights, insofar as this is possible for us.

The legal basis for the linking and operation of our company profiles in the social networks is Art. 6 para. 1 p. 1 lit. b or Art. 6 para. 1 p. 1 lit. f DSGVO based on our legitimate interest in our corporate communication in the respective social networks. The legal basis of the data processing carried out by the social networks in their own responsibility can be found in the data protection information of the respective social network (see above).

6. disclosure of data

Beyond the transfer to the external recipients mentioned in this data protection declaration, the data collected by us will generally only be passed on if:

  • You have given your express consent to this pursuant to Art. 6 para. 1 p. 1 lit. a DSGVO,
  • the disclosure is necessary for the assertion, exercise or defense of legal claims pursuant to Art. 6 (1) p. 1 lit. f DSGVO and there is no reason to assume that there is an overriding interest worthy of protection in not disclosing the data,
  • we are legally obligated to disclose data according to Art. 6 para. 1 p. 1 lit. c DSGVO or
  • this is legally permissible and required according to Art. 6 para. 1 p. 1 lit. b DSGVO for the processing of contractual relationships with you or for the implementation of pre-contractual measures, which take place upon your request.

In addition, disclosure may occur in connection with government inquiries, court orders and legal proceedings when necessary for law enforcement or prosecution.

Data may also be passed on within the Hypoport SE Group. Such disclosure is made on the basis of existing order processing relationships, otherwise only in aggregated, anonymous or anonymized form and in each case only to affiliated companies within the meaning of Section 15 et seq. of the German Stock Corporation Act(AktG) on the basis of our legitimate interests pursuant to Article 6 (1) f) of the German Data Protection Act (DSGVO), in particular for internal administrative purposes.

6.1 Amazon Web Services

Your data is partially processed on servers provided by Amazon Web Services, a service ofAmazon Web Services Inc, 410 Terry Avenue North, Seattle, Washington 98109, USA("AWS"). AWS's servers are used to connect your device to content on our website. The servers we use are generally located in the European Union.However, for technical reasons, parts of your data may also be processed in countries outside the European Economic Area, in particular in the USA. To ensure the protection of your data in this case, AWS participates in the EU-USPrivacy Shield. In addition, we have concluded a special contract with AWS that meets the requirements with regard to the standard contractual clauses of the EuropeanCommission.

The legal basis is Art. 6 para. 1 lit. f DSGVO, based on our legitimate interest in storing the content of our website securely and reliably by external service providers and at the same time reducing our own effort for the provision of theIT infrastructure of our website and our product.

For more information, see Amazon's privacy policy.

7. storage period

In principle, we store personal data only as long as necessary for the fulfillment of contractual or legal obligations for which we have collected the data.Thereafter, we delete the data immediately, unless we still need the data until the expiry of the statutory limitation period for evidence purposes for civil law claims or due to statutory retention obligations.

For evidentiary purposes, we must retain contractual data for three years from the end of the year in which the business relationship with you ends. Any claims shall become time-barred in accordance with the statutory limitation period at this point in time at the earliest.

Even after this, we still have to store data in some cases for accounting reasons. We are obliged to do so because of statutory documentation requirements that may arise from the German Commercial Code, the German Fiscal Code, the German BankingAct, the German Money Laundering Act and the German Securities Trading Act. The periods specified there for the retention of documents are two to ten years.

The user is generally responsible for the deletion of personal data in the data room. The user alone decides which data is deleted and when. fundingport is obligated under the order processing agreement with the users to either delete the data after completion of the provision of the processing services to the users at the user's option, unless there is an obligation to store it (see above, cf.Art. 28 para. 3 lit. g DSGVO).

8. your rights

You have the right to request information about the processing of your personal data by us at any time. When you request information, we will explain the data processing and provide you with an overview of the data stored about you.

If any data stored by us is incorrect or no longer up to date, you have the right to have this data corrected.

You can also request the deletion of your data. Deletion is generally only possible if certain conditions are met or if data is no longer needed, the processing is not lawful or other cases of Art. 17 DSGVO exist. If deletion is exceptionally not possible due to other legal provisions, the data will be blocked so that they are only available for this legal purpose.

You can also have the processing of your data restricted, e.g. if you believe that the data we have stored is incorrect. You also have the right to data portability, i.e.that we will send you a digital copy of the personal data provided by you upon request.

To exercise your rights as described here, you may contact us at any time using the contact details provided in section 1 above. This also applies if you wish to receive copies of guarantees proving an adequate level of data protection.

Your requests for the assertion of data protection rights and our responses to them will be stored for documentation purposes for a period of three years and in individual cases for the assertion, exercise or defense of legal claims even longer. The legal basis is Art. 6 (1) lit. f DSGVO, based on our interest in defending against any civil claims under Art. 82 DSGVO, avoiding fines underArt. 83 DSGVO and fulfilling our accountability obligations under Art. 5 DSGVO.

In addition, you have the right to object to data processing based on Art. 6 (1) p. 1 lit. e or f DSGVO or for direct advertising purposes (see below).

Finally, you have the right to complain to the data protection supervisory authority responsible for us. You can exercise this right at a supervisory authority in the member state of your residence, your place of work or the place of the alleged violation. In Hamburg, the competent supervisory authority is: The HamburgCommissioner for Data Protection and Freedom of Information, Ludwig-Erhard-Str.22, 20459 Hamburg.

Right of revocation and objection

In accordance with Art. 7 (3) DSGVO, you have the right to revoke your consent at any time. This has the consequence that we no longer continue the data processing based on this consent for the future. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Insofar as we process your data on the basis of legitimate interests pursuant to Art. 6(1) f DSGVO, you have the right to object to the processing of your data pursuant to Art. 21 DSGVO and to provide us with reasons that arise from your particular situation and which, in your opinion, argue for an overriding of your interests worthy of protection. If you object to data processing for direct marketing purposes, you have a general right of objection, which will be implemented by us even without giving reasons.

If you wish to exercise your right of revocation or objection, it is sufficient to send an informal message to the above contact details.

9. changes to the privacy policy

We occasionally update this privacy statement, for example, when we modify our website or when legal and regulatory requirements change.

 

© 2022 fundingport GmbH

 

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