© 2018 – 2020, Fundaus OÜ
statistics
© 2018 – 2020, Fundaus OÜ
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus efficitur sodales pretium. Duis et suscipit nisi. Morbi blandit viverra odio in suscipit. Quisque aliquam metus feugiat finibus efficitur. Phasellus placerat a est commodo lobortis. Quisque molestie nisl leo, at iaculis tellus laoreet sed. Praesent nulla felis, pretium condimentum quam at, pellentesque sodales dui. Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia Curae; Maecenas at tellus in lectus pharetra tincidunt. Aliquam blandit elementum dolor euismod luctus. Etiam scelerisque est placerat ipsum posuere, eleifend consectetur eros fermentum. Duis a auctor dui. Vivamus risus est, convallis ac magna et, interdum aliquam ex. Mauris id laoreet arcu. Aliquam pretium mattis felis, vitae facilisis lacus lacinia sed.
Vivamus sit amet dolor sit amet sem imperdiet blandit. Fusce gravida euismod enim nec eleifend. Sed iaculis, quam a facilisis tempor, massa nunc commodo enim, non efficitur ex mi sit amet nulla. Duis cursus, enim a pharetra rutrum, mauris nisi fringilla lacus, in bibendum nulla est a metus. Aliquam erat volutpat. Mauris diam mi, tincidunt eu viverra quis, pellentesque sed libero. Vestibulum ultrices a dolor in facilisis. Aliquam ante lectus, consequat sed felis eget, facilisis bibendum tellus. Etiam cursus, nulla nec lacinia condimentum, metus leo interdum enim, vitae varius felis felis a velit. Donec venenatis bibendum fermentum. Nullam accumsan erat nec eros tincidunt volutpat. In aliquet tincidunt dapibus. In odio sem, luctus in euismod sit amet, porta sed est. Fusce in tempus tellus. Ut eu quam id nibh interdum scelerisque. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus efficitur sodales pretium. Duis et suscipit nisi. Morbi blandit viverra odio in suscipit. Quisque aliquam metus feugiat finibus efficitur. Phasellus placerat a est commodo lobortis. Quisque molestie nisl leo, at iaculis tellus laoreet sed. Praesent nulla felis, pretium condimentum quam at, pellentesque sodales dui. Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia Curae; Maecenas at tellus in lectus pharetra tincidunt. Aliquam blandit elementum dolor euismod luctus. Etiam scelerisque est placerat ipsum posuere, eleifend consectetur eros fermentum. Duis a auctor dui. Vivamus risus est, convallis ac magna et, interdum aliquam ex. Mauris id laoreet arcu. Aliquam pretium mattis felis, vitae facilisis lacus lacinia sed.
Vivamus sit amet dolor sit amet sem imperdiet blandit. Fusce gravida euismod enim nec eleifend. Sed iaculis, quam a facilisis tempor, massa nunc commodo enim, non efficitur ex mi sit amet nulla. Duis cursus, enim a pharetra rutrum, mauris nisi fringilla lacus, in bibendum nulla est a metus. Aliquam erat volutpat. Mauris diam mi, tincidunt eu viverra quis, pellentesque sed libero. Vestibulum ultrices a dolor in facilisis. Aliquam ante lectus, consequat sed felis eget, facilisis bibendum tellus. Etiam cursus, nulla nec lacinia condimentum, metus leo interdum enim, vitae varius felis felis a velit. Donec venenatis bibendum fermentum. Nullam accumsan erat nec eros tincidunt volutpat. In aliquet tincidunt dapibus. In odio sem, luctus in euismod sit amet, porta sed est. Fusce in tempus tellus. Ut eu quam id nibh interdum scelerisque.
Account - Investor’s posting account on the Platform reflecting the balance of the Investor’s real amount of funds available for funding and invested in Projects.
Agreement - An agreement on use of the Platform consisting of these Terms, Registration rules, Investor’s registration application and Identification form and the Pricelist.
AML legal regulation - Estonian, European Union and International legal acts on anti-money laundering and counter-terrorism financing.
AML/CTF Policy - Operator’s Anti-money laundering and counter-terrorism financing policy.
Fundroom - Investor’s personal page on the Website.
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Identification form - A questionnaire available on the Website in the Investor’s Fundroom, which has to be filled up by the Investor for KYC purposes.
Investor - An individual or legal entity, who has passed registration on the Platform, has been identified and accepted by the Operator and receives the Services – uses the possibility to lend the funds to the Borrowers.
KYC - Process of identification, due diligence and analysis of the Investor in accordance with the AML Policy and internal procedures of the Operator and requirements of the Law.
Law - Any law applicable to the Services and relationship between the Operator and the third parties.
Member State - a European Union member state, the United Kingdom or Norway.
Operator - FUNDAUS OÜ (a limited liability company duly registered in the Republic of Estonia under the registration number 14643807, registered legal address: Harju maakond, Tallinn, Nomme linnaosa, Tina tn. 9, 10126, Estonia). More details and contact information is available on the Website.
Platform - An electronic system for Services available for the use on the Website.
Privacy policy - Operator’s policy on data processing and protection based on the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) and Law requirements.
Project - Offer of funding of business activities related to real estate development projects or business development projects, which is placed on the Platform.
Registration form - Online registration form for Investors on the Website.
Rules - These Registration Rules.
Services - Crowdfunding services that are provided by the Operator, which connects via the Platform those who can give, lend or invest money (the Investors) with those who need financing for a specific Project (the Borrowers).
User - User of the Platform who has passed the registration in accordance with the Rules.
Website - www.fundaus.com.
2.1. These Rules are regulating the registration process on the Platform required for use of the Services by the Investors.
2.2. The User shall accept these Rules prior to the registration on the Platform.
2.3. These Rules become binding to the User from the moment of the acceptance.
2.4. These Rules shall become an integral part of the Agreement from the moment it is entered into by the User.
2.5. If any issues are not regulated by these Rules the conditions of the Terms and Conditions for investors shall apply.
2.6. All the data provided by the User upon the registration shall be processed and kept in accordance with the Operator’s Privacy policy. The acceptance with these Rules mean the User’s acceptance of the Privacy policy. The Privacy policy is available on the Website.
3.1. The potential User shall pass a registration before receiving the Services (this condition is applicable only to the potential Investors).
3.2. In order to proceed with the registration the potential User shall either click “Login” button on the start page of the Website and choose “Register” option, or go to the “For investors” page and complete the online Registration form.
3.3. Upon completion of the registration form the potential User shall enter the following information and click the “Register” button:
- An active own e-mail address;
- A password complying with the instructions of the Website (not less than 8 symbols; at least one figure and one capital letter);
- Repeated password (which shall match with the previously entered password);
- Choose either the potential User is an individual, or a legal entity;
- Confirm an agreement with these Rules.
4.1. After the Registration form is filled up and sent the User will receive a verification link to its e-mail address provided upon the registration. The User shall follow the link and the respective email address will become verified.
4.2. The User shall receive its own identification number on the Platform (Investor ID) and be transferred to its Fundroom to the Identification section where the Identification form will be provided to it for completion.
4.3. The duly filled up Identification form accompanied with the documents requested by the Operator shall be sent to the Operator for KYC purposes and for an acceptance of the User. Any actions with funds and access to the detailed information on the Projects and the Borrowers are prohibited for unaccepted Investors.
4.4. If the User ceases to fill up the Identification form upon the primary entrance into the Fundroom, it may find it at any time for completion in the “Profile” section of the Fundroom. Once the User has passed KYC and is accepted by the Operator in accordance with its AML/CTF Policy and internal procedures related to AML, all the options of the Platform become available for the User.
4.5. If the User is rejected by the Operator or the use of the Platform and the Services is prohibited to it for any reasons the Operator shall notify it accordingly and proceed with deactivation of its Account on the Platform.
4.6. The combination of the User’s verified email address and the password shall be sufficient data for verification of the User and all its actions on the Platform after it is verified using these data, including, but not limited with, entrance into any agreements, giving the instructions and approving its consents, shall be considered as made by the User and reflecting its own will. The User waives all the possible objections in respect of this and recognizes the actions and the documents.
4.6.1. Each time the Investor logs into the Platform, the password shall be used.
4.6.2. The Operator may change the registration procedure and use the electronic vehicles for the registration and verification of the Investors on its own discretion. The instructions for use of these electronic vehicles shall be included into these Rules or shall be made available to the User other way via the Website. In some cases the Investor will be asked to and shall upload the special applications on its mobile phone in order to perform the registration.
4.6.3. Provided that the correct password has been entered to log into the Platform, it will be presumed that the person using the password is the Investor itself or is legally authorized by the Investor to do so and to make transactions in the name of the Investor, unless it notifies the Operator in accordance with these Rules and the Terms and Conditions.
4.6.4. The Operator can on its own discretion prohibit the person that has logged into the Platform from using the Services or to restrict its rights or refuse to follow the instructions given by the aforementioned person, if the Operator considers that there is a risk that third person(s), which is not identified and accepted by the Operator, possess the password of the Investor.
4.6.5. The Investor undertakes to keep its password confidential. If the Investor discloses its password to any person whom it authorizes to access its Fundroom, the Investor shall be responsible and liable for any possible consequences of such authorizations and instructions, including any losses incurred.
4.6.6. In case the Investor discovers that the security of its Fundroom may have been breached or has any kind of suspicions in this regard, it must notify the Operator immediately. If the Operator receives such notification from the Investor or determines itself that the security of the Investor’s Fundroom may have been breached, it shall prohibit the Investor from logging in to the Platform and using its services until the identity of the Investor has been verified.
4.6.7. Unless and until the Investor informs the Operator in accordance with these Rules and the Terms and Conditions:
4.6.7.1. the Investor shall be responsible for any information and/or instruction which the Operator receives from the person who has logged in to the Platform using the password and possible consequences of Operator’s actions performed based on such information and/or instruction, even if not given by the Investor; and
4.6.7.2. the Operator shall not be responsible for any unauthorized access to the Fundroom and Accounts of the Investor and/or information available in it as well as for any possible consequences of such unauthorized access and use of the aforementioned information, and any material and non-material losses that may be incurred.
4.6.8. The Investor’s Fundroom includes all the information in respect of Investor’s actions on the Platform, including the Investor’s status of identification, balance of the Investor’s Account, data on the investments made, documents related to the investments made by the Investor (including Loan agreements, Collateral agreements, Agent agreements, instructions, accepted versions of the Operator’s Terms and policies etc.) and other information.
4.6.9. For use of the Platform services in full regime the Investor shall pass the identification and KYC procedure in accordance with the Operator’s AML Policy, internal procedures and requirements of the Law, and receive the acceptance notice from the Operator by email. The results of such acceptance the Investor will find in its Fundroom in a form of activation of all the options of the Platform.
4.6.10. The Operator is entitled to correct the errors (if any) in the Investor’s Fundroom without notifying the Investor provided that this correction does not impact the Investor’s interests.
5.1. The Investor may change its registration data – the password and the email address in its Fundroom on the Settings page.
5.2. The email address may be changed only for communication purposes, but not for authorization (logging into the Platform). The email address provided upon the primary registration and used for authorization shall remain unchanged.
5.3. The new email addresses for communication shall be verified before the use. The Investor will receive a verification link to its e-mail address provided upon the registration. The User shall follow the link and the respective email address will become verified.
5.4. The Investor is entitled to change its data provided for identification purposes by updating its identification form in its Fundroom at any time on its own discretion or on the Operator’s request in accordance with the Terms and Conditions and AML/CTF Policy. All the updated data shall be assessed and accepted by the Operator.
5.5. In any case the User is obliged to keep its data up-to-date and notify the Operator on any changes.
6.1. The Operator is entitled to block the User’s Account either on the User’s request, or in other situations described in the Terms and Conditions or other Operator’s documents.
6.2. If the access to the Account is blocked based on the knowledge or suspicions that the password became known to the third persons, the User shall receive the email with a link for creation of the new password.
6.3. If the access is blocked for other reasons the User shall communicate with the Operator by email for obtaining explanations and instructions for further actions. In some cases the new KYC procedure may be requested and shall be passed by the User.
6.4. The block of the access may be made permanently and without providing explanations by the Operator to the User if it is required by the Law or stated in the Operator’s documents.
7.1. The User shall keep its data up-to-date and notify the Operator on any changes by updating its registration data and the Identification form.
7.2. The User shall never use the Services for illegal purposes and use its own funds for investing, unless it is duly authorized to act in the interests of other persons.
7.3. The User shall acknowledge itself with all the Operator’s documents and information (including FAQ and Risk description) available on the Website and fully comply with all the conditions of use of the Services.
8.1. The Operator is entitled to communicate with the User using the email address provided by the User upon the registration on the Platform.
8.2. By accepting these Registration Rules the User gives its consent to receive the notifications from the Operator to its email address and confirms that it has access to the internet and agrees to be binding by the information send and received within the communication with the Operator by email. No additional notifications in originals shall be necessary from the Operator.
8.3. The Operator is entitled (but not obliged) to send the notifications on the investments made, fund transfers, agreements generated and other actions on the User’s account.
8.4. The User also agrees to receive the promotional notices, offers and information on the new Projects available on the Platform. The User is entitled to revoke this consent by notifying the Operator by email.
8.5. The User shall send its notifications to the Operator using the Contact form on the Website or by sending the emails to the email address: investor@fundaus.com.
9.1. The Operator is entitled to deactivate Account in the situations and procedures stated in the Terms and Conditions for Investors.
Version 1. In force from the 1st of March, 2020
The company FUNDAUS OÜ, registration number: 14643807, legal address: Harju maakond, Tallinn, Nõmme linnaosa, Tina tn. 9, 10126, (hereinafter – Controller) the owner of the platform placed on homepage www.fundaus.com (hereinafter – Platform), in connection with provision of crowdfunding services (hereinafter – Service) performs natural person personal data (hereinafter – Data) processing activities.
Data processing is performed also by the Controller’s security agent FUNDAUS TRUST AGENT OÜ, registration number: 14810464, legal address: Harju maakond, Tallinn, Kesklinna linnaosa, Tina tn. 9, 10126, who is custodian of collateral (hereinafter – Joint controller). Controller and Joint controller (both together hereinafter – Joint controllers) jointly determine Data processing purposes and means.
The Privacy Policy applies to natural person, who intends to use or uses the Controller’s provided Service (hereinafter – Customer) and to natural person, who is closely connected to person (natural person or legal entity) which intends to use or uses provided Services, who’s risk affects legal entity’s money laundering and terrorist financing risk level (hereinafter – Connected person), i.e. Beneficial Owner, representative, member of ownership structure, management board member or director. The Connected person Data processing is defined by requirements of Estonian and European Union legislation regarding prevention of money laundering and terrorist financing activities.
The Privacy Policy informs the Customer and Connected person (both hereinafter – Data subject) on the main Data processing principles performing Data collection, retention and transfer, as well as on on Data subject’s rights regarding the processed Data.
Acceptance of the Privacy Policy is defined as Data subject agreement with Data processing principles and is equated to the Data subject consent with Data processing. The Privacy Policy acceptance is also defined as an entrustment to implement Connected person Data processing and confirmation of rights to give such entrustment in the name of the respective Connected person.
Data processing principles apply only to natural person and are based on the Estonian Data Protection Act (hereinafter – the Act) and Regulation (EU) 2016/679 of the European Parliament and of the Council 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter - GDPR).
The access to Data is provided to the Joint Controllers employees, which ensure Data confidentiality during performance of their working duties on a basis of employment agreement and after its termination.
The Privacy Policy informs on another undertakings to which Data are transmitted in order to process it on behalf of the Controller and on the Joint controllers defined purposes.
Unauthorized person access to Data without the consent of Data subject is restricted, excluding occasions mentioned in the Act and GDPR requirements.
The Privacy Policy may be revised and updated at any time informing Data subject about changes by posting the revised and updated Privacy Policy on the Platform homepage.
The Privacy Policy takes effect upon its posting on the Platform homepage.
In the case of any neсessity to receive additional information concerning the Privacy Policy Data subject can contact the Controller by writing an e-mail to info@fundaus.com.
Joint controllers process submitted Data performing Data exchange.
Joint controllers’ respective responsibilities for the fulfillment of obligations, relevant actual functions and relationships with respect to Data processing are defined in the agreement concluded between them (hereinafter – the Agreement).
Data subject is entitled to become acquainted with the basic conditions of the Agreement related to the Joint controlling of the Data on its written request.
The Controller processes Data for the following purposes:
Use of cookies - in order to verify Data subject, remember its personal Platform account preferences, maintain and improve it. More information on cookies is available at Cookie Files Usage Policy.
Identity verification - in order to ascertain and verify Data subject’s identity, conclude contract and provide Service.
Platform account support - in order to create and maintain the Platform account, support its functioning.
Performance of due diligence - in order to perform Data subject research in compliance with the requirement of the Estonian and European Union legal regulation related to prevention of money laundering and terrorist financing activities.
Reminders and notifications - in order to remind about incomplete Platform account creation, notify about changes in provided Service and other changes that might affect Data subject’s rights and obligations.
Data subject can refuse reminders and notifications by informing the Controller via e-mail.
Sending information - in order to communicate with Data subject in commercial and marketing purposes.
Data subject can refuse communication in the defined purpose by informing the Controller via e-mail.
Enforcement of statutory obligations
in order to fulfill accounting and financial obligation, provisions of the Estonian law and regulations of the Controller internal control system any information from any Data category may be used.
Data processing purposes are interconnected with provision of Service, which may be provided only if the Data subject submits the Controller necessary Data determined in Data category.
Controller processes the following Data categories:
Identification data - name, surname, personal identification code, residence or seat address.
Identity document data - copy of identity document.
Due diligence data - including, but not limited to information regarding source of funds, economic activity, information whether the person is a politically exposed (PEP)[1] or sanctioned person, tax residence address.
Platform account data - information regarding creation and activities (logins, IP-addresses, etc).
Financial data - information regarding performed transactions, bank accounts or payment system accounts.
Contact data - information regarding residence or seat address, e-mail address and phone number.
The Controller transfers Data to another undertaking in order to achieve defined purposes and on a legal basis ensuring that undertaking had taken obligations not to divulge transmitted Data.
Identity verification service provider - Data subject identification and verification is carried out via electronic identity verification service provider where Data subject submits identity verification information.
Third party - in order to protect Controller’s legitimate interests.
Joint controller - Data transmission to security agent, who is custodian of collateral in connection with a secured loan (for detailed information relevant Terms and Conditions).
Outsource service providers - in order to fulfill Controller’s obligations using outsourcing service, Data can be transferred to accounting, communications, legal, IT, compliance service providers, payment intermediaries, credit institutions, etc.
State authorities - Data transmission to state institutions or organizations when these obligations are arisen from Estonian legislation are obligated.
Data collected for the purposes of implementation of due diligence measures are retained for 5 years after the termination of the business relationship or an occasional transaction.
Data collected for the purposes of fulfilment of accounting obligations are retained for 7 years after the termination of a contractual relationship.
Data may be stored for a longer period, but the period for which the Data are stored should be limited to a strict minimum.
To exercise any of the rights Data subject can send to the Controller a request using an e-mail info@fundaus.com. The exercise of a right must be clearly designated in the request provided to Controller.
The request is answered without undue delay within a month after it has been received. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. Controller informs Data subject of the extension period and the reason of delay. The information upon request is provided in electronic form unless is otherwise requested.
If the Controller does not take an action on the request it informs Data subject on the reasons at the latest within one month of receipt of the request. Information on Data issued upon request is free of charge, but compensation for any reasonable costs associated with dealing with the request may be demanded.
Controller keeps right to request additional information concerning Data subject and its representative’s right to receive information and to request of rectification and erasure of Data. Controller keeps rights to refuse to act on the request in case when it is manifestly unfounded or has an excessive character. Controller also may restrict Data transmission or not transmit it in the case provided by Estonian legislation.
Right of access
Data subject is entitled to:
- obtain information on whether Data are being processed;
- obtain information on source from which Data are being processed (if Data are not collected form Data subject);
- receive an access to processed Data;
- receive additional information on categories, purposes and retention of processed Data;
- receive information on enterprises to whom Data are transmitted.
Right to rectification
Data subject is entitled to request prompt rectification of the incorrect Data and completing of the incomplete Data.
Right to erasure
Data subject is entitled to request prompt erasure of Data if one of the following conditions exists:
- purpose of Data processing is reached and Data are no longer necessary;
- Data subject withdraws consent given to the processing for specific purposes;
- Data subject objects to Data processing;
- Data have been processed unlawfully;
- Data have to be erased for compliance with a legal obligation.
The request to erase Data may be denied if there is a legitimate legal ground for doing so.
Right to restrict processing
Data subject is entitled to restrict processing of Data where one of the following applies:
- the accuracy of Data is contested;
- Data processing is unlawful;
- Data are no longer necessary for defined purpose;
- Data subject has objected to processing, pending the verification whether the legitimate grounds for processing of the Controller override those of the accuracy of Data are contested.
Right be informed
Data subject is entitled to receive information on each enterprise and person who was informed on Data rectification or erasure or restriction of processing Data upon its request.
Right to Data portability
Data subject is entitled to receive Data and transfer them to another Data controller insofar Data have been provided based on Data subject content and the processing is carried out by automated means.
This right does not apply to Data created by Controller.
Right to withdraw the consent
Data subject has right to withdraw the consent to Data processing.
Right to protect
if Data subject finds that the rights listed above are violated upon processing of Data, it is entitled to address with compliant the Estonian Data Protection Inspectorate https://www.aki.ee/en/ 39 Tatari Street, 10134, Tallinn, Estonia, telephone (from abroad add +372) 627 4135, info@aki.ee
To enhance effectiveness of Data protection measures and ensure compliance with the Act and GDPR requirements Data Protection Officer who’s involved in all Data protection issues is appointed and notified through the Data Protection Inspectorate Enterprise Portal.
Version 1. In force from the 1st of March, 2020.
[1] PEP - 1) a natural Politically Exposed Person who is or who has been entrusted with prominent public functions including a head of State, head of government, minister and deputy or assistant minister; a member of parliament or of a similar legislative body, a member of a governing body of a political party, a member of a supreme court, a member of a court of auditors or of the board of a central bank; an ambassador, a chargé d'affaires and a high-ranking officer in the armed forces; a member of an administrative, management or supervisory body of a State-owned enterprise; a director, deputy director and member of the board or equivalent function of an international organization, except middle-ranking or more junior officials; 2) PEP family member - the spouse, or a person considered to be equivalent to a spouse, of a politically exposed person or local politically exposed person; a child and their spouse, or a person considered to be equivalent to a spouse, of a politically exposed person or local politically exposed person; a parent of a politically exposed person or local politically exposed person; 3) PEP close associate - a natural person who is known to be the beneficial owner or to have joint beneficial ownership of a legal person or a legal arrangement, or any other close business relations, with a politically exposed person or a local politically exposed person; and a natural person who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the de facto benefit of a politically exposed person or local politically exposed person.