PRIVACY POLICY
Effective from: 23.01.2023

We appreciate you visiting our website and your interest in the services FundStarter (collectively referred to as “FundStarter”, “we”, “us” or “our” in this privacy policy) is offering. This privacy policy will inform you as to how we look after your personal data when you visit our website (https://fundstarter.vc) and in relation to the services we are offering through our website.

Protecting your personal data is very important to us and we explain below how we collect your personal information, what we do with it, for what purposes and on what legal basis, as well as your corresponding rights. In particular, this privacy policy aims to give you information on how collects and processes your personal data through your use of this websites, including any data you may provide while using this website.

In accordance with the relevant privacy law, FundStarter is a controller and, thus, is responsible for the personal data collected from you. In relation to questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below:

FundStarter Technologies Limited

Postal address: HaMasger St 39, Tel Aviv-Yafo, Israel

Email address: hello@fundstarter.vc

If we change the way we use your personal data, our privacy policy will be amended accordingly. Please, therefore, always notice the updated version of our privacy policy, as this is subject to changes.

Collecting your personal data

Personal data refers to any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• identity data, from the identification documents that you are providing us, such as full name, date of birth, place of birth, nationality, gender;
• contact data, such as billing address, delivery address, email address and telephone numbers;
• financial and transaction data, such as bank account and payment card details, tax related information, such as tax ID and tax residence, processing, billing and business transactions related data;
• personal data available on third party and/or publicly available social media platforms and public databases;
• technical data, that may include the internet protocol (IP) address, browser type and version, the operating system that you are using, time zone setting and location (inferred from the IP address), browser plug-in types and versions, operating system and platform, and other technology on the devices used to access this website as well as cookies, placed by analytics providers, advertisement providers or other similar providers.

Should we legally need to collect personal data or under the terms of a contract we have with you, including for entering such a contract, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services) or to meet legal obligations. In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the relevant time.

Processing your personal data

We use your personal data when we have a legal basis under the relevant data privacy regulation allowing us to do so. Commonly, we use your personal data in the following circumstances:

• when we are about to enter into a contract or, when we have already entered into with you, to perform that contract;
• to comply with a legal obligation, such as ensuring security of our website, complying with law and regulations relevant for the performance of our services;
• where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests;
• when you agree to receiving newsletters or to our use of cookies, for as long as we have your consent.

Purposes of using your personal data

Generally, we may process your personal data on the basis of more than one lawful ground, depending on the specific purpose for which we are using your data.

We use the technical personal information collected during your visit to our website to make it as convenient as possible for you and to protect our IT systems against attacks and other unlawful activities, on the basis of your consent and our legitimate interests.

If you share additional information with us – for example, by filling out contact data into a contact form, identification and financial data to entry or execute a contract with you – we will use that information for the designated purposes, purposes of customer management and – if required – for purposes of processing and billing and of the business transactions within the required scope in each instance. Personal data is processed to conduct funds registration services and related transactions in order to fulfill our pre-contractual and contractual obligations. In this regard, we use contact information to get in contact with you during the pre-contractual stage about your preferred choice of legal entity and the information requested in the checklist to have the necessary details to commence the fund formation process.

The personal data we collect from you is predominantly used for registration of legal entities and venture capital funds, opening of the related bank accounts (including for complying with the bank’s KYC checks), investor onboarding, regulatory filings (regulation D) and for drafting the required documentation (private placement memorandum, subscription agreement, etc.). During these steps, we observe legal provisions and the stipulations of the contract that we have entered with you to register the legal entities and venture capital funds. In addition, we use personal data to the extent that we are legally obliged to do so (e.g., storage for the fulfilment of commercial or tax-related retention obligations, release in accordance with official or judicial orders, e.g., to a law enforcement authority).

We may also process personal data to observe and/or defend our legal rights and interests, including to protect our business and this website (for purposes such as troubleshooting, data analysis, testing, system maintenance, fraud detection and prevention, support, reporting, and hosting of data, and for compliance purposes), to enforce claims and defend within legal disputes, based on the legitimate interest of FundStarter of exercising its right of defense before courts/competent authorities, to comply with legal obligations regarding regulatory, tax and anti-money laundering reporting requirements, to prevent fraud or criminal acts, based on the legitimate interest of FundStarter not to contract or provide services to any potential customer related to any fraud or crimes, or improve our processes and service levels relating to the provision of our services.

Furthermore, on the basis of your consent, we use your email address to send you newsletters and keep you updated about our offers as well as to place cookies other than strictly necessary ones.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose, taking into consideration your reasonable expectations. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required by law.

Disclosure of your personal data

For the purposes described above, FundStarter can transmit your data to external lawyers, advisors and consultants, who are separate controllers and bound to professional confidentiality. Furthermore, certain processors, that are falling into the following categories, are helping us in processing your personal data: IT infrastructure and connection providers; IT security providers; Software and software maintenance providers, including for the provision of our website; Financial services, payments and transaction processing service providers; KYC providers; Cookies service providers. These specific data processors can be of interest to you in case you want to exercise, before them, your rights in accordance with the applicable data privacy regulation.

FundStarter will transmit your personal data to third parties, meaning other data controllers of your personal data, if that is triggered by you in the framework of the provision of our services to you, such as to relevant governmental authorities, bodies and agencies for registering legal entities or venture capital funds as well as banks for opening bank accounts for each relevant legal entity.

Personal data security

We have in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties on a need to know or legal basis. They are required to process your personal data in accordance with the law, or only on our instructions and subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach, where we are legally required to do so.

Personal data retention

We delete your personal information as soon as the purpose for which it was collected and processed has been fulfilled. Beyond this time period, data storage only takes place to the extent made necessary by the legislation, regulations or other legal provisions to which we are subject in the EU, US or by legal provisions in third-party countries, if these have an appropriate level of data protection. Should it not be possible to delete data in individual cases, the relevant personal data are flagged to restrict their further processing.

Your rights with regard to processing of personal data

To enforce your rights, please use the FundStarter’s contact details provided above. In doing so, please ensure that an unambiguous identification of your person is possible. Depending on the exact circumstances of your data processing, you may be entitled to exercise one or more of the following rights:

• right to information and access – means to obtain confirmation from us about whether or not your personal data is being processed, and, if this is the case, access to your personal data;
• right to correction and deletion – means to obtain the rectification of inaccurate personal data and, as far as statutory requirements are fulfilled, you have the right to obtain the completion or deletion of your data; this does not apply to data which is necessary for billing or accounting purposes or which is subject to a statutory retention period. If access to such data is not required, however, its processing is restricted (see the following);
• restriction of processing – as far as statutory requirements are fulfilled you have the right to demand for restriction of the processing of your data;
• data portability – as far as statutory requirements are fulfilled you may request to receive data that you have provided to us in a structured, commonly used and machine-readable format or – if technically feasible – that we transfer those data to a third party;
• right of objection – objection to direct marketing or to data processing based on the legal basis of “legitimate interest”- you may object to the processing of your personal data for direct marketing purposes at any time. Please take into account that due to organizational reasons, there might be an overlap between your objection and the usage of your data within the scope of a campaign which is already running; in addition, you have the right to object to the processing of your personal data at any time, insofar as this is based on “legitimate interest”; we will then terminate the processing of your data, unless we demonstrate compelling legitimate grounds according to legal requirements which override your rights;
• withdrawal of consent – in case you consented to the processing of your data, you have the right to revoke this consent at any time with effect for the future; the lawfulness of data processing prior to your withdrawal remains unchanged;
• right to lodge complaint with supervisory authority – you have the right to lodge a complaint with a supervisory authority. You can appeal to the supervisory authority which is responsible for your place of residence or your state of residency or to the supervisory authority responsible for us; should you have difficulties in identifying it, we will gladly assist you in identifying the relevant supervisory authority to which you may file your complain.