This Privacy Notice helps the users of the website accessible at the URL address Stock.estate ("Platform") to understand which personal data STOCKESTATE CROWDFUNDING S.R.L., (hereinafter “We” or ‘’Us’’ or ‘’Our’’) collects from its users and the personal data processing activities carried out by Us, through the Platform, as well as on the occasion of providing Our services.
This Privacy Notice (together with the Terms and Conditions and any other documents referenced therein) represents the basis on which We will process any personal data collected from You, or which You may provide to Us.
1. DATA CONTROLLER AND PLATFORM OWNER
STOCKESTATE CROWDFUNDING S.R.L, a company incorporated and existing under the laws of Romania, registered with the Trade Registry under no JS/3179/2021, fiscal identification number RO 45170242, and having its headquarters located at Sat Drumul Carului, Comuna Moieciu, Nr. 56B, Judet Brasov, Romania is a personal data controller and the owner of the Platform.
2. PERSONAL DATA COLLECTED BY US
Please note that the following information/ personal data may be collected and processed by Us:
(i) details of your visit on our Platform, please see point 6 below (Cookies);
(ii) the necessary information to create the user account on the Platform and to validate the user account on the Platform (first name, last name and email address, contact data address, phone number, data from an identity document);
(iii) the necessary information to provide our services:
● information to identify and contact the person (individual/ representative of legal person) such as: name, date of birth, email address, phone number, postal address, country of residence and tax residency, data from the identification document (the document series and number, date of issue, date of expiration, personal identification number or equivalent);
● registered communication with us such as recommendations, comments, requests, inquiries, either submitted through the Platform, using emails or phone calls;
● information concerning the use of our Platform and the user account such as login and password details, IP address and data concerning the actions of user on our Platform;
● information concerning the transactions and other activities of the user such as details of payments, applications, agreements and other data concerning the use of the services provided by us.
● Documents and data received during KYC process such as copy of documents, explanations for the sources of funds etc.
● bank account and other financial information necessary for the performance contractual relationships, if the case;
● any data made available to us by you during our interactions.
The personal data is collected by Us when you are using the Platform and the services provided by Us, as well as through other types of communications which we have with you in the context of the provision of services or marketing activities.
3. PROCESSING OF PERSONAL DATA
Processing of personal data means any operation which is performed on personal data, whether automated or not, including but not limited to collecting, recording, retention, arrangement, use, amending, delivering, disclosure and deleting of user's personal data by Us.
We keep a database about the users' personal data and other information which primarily reflect the following personal data of the users:
● first name and surname;
● date of birth and personal identification number;
● residence and/or location;
● means of communication (phone, email, etc);
● communication language;
● copies of identity document and other information and documents collected in connection with our anti-money laundering practices, including KYC (‘’Know Your Customer’’) procedure;
● user data (log-in data, beginning and end of registration of the user’s account, etc.);
● other information the User has delivered to us, or which we have collected at our own initiative from the sources permitted by law (incl. via media and Internet);
● information about the agreements of the user entered into via the Platform.
We may process other user related information if there is a justified need for it regarding the performance of the agreements and if processing of such data does not breach the applicable legal provisions.
4. LEGAL GROUNDS AND PURPOSES OF PROCESSING PERSONAL DATA
We will process all personal data you make available to us, as well as any other data necessary to provide you with our Services, according to the applicable legal provisions and to the contractual provisions, as the case may be. The same applies to all personal data collected prior to the conclusion of the agreements related to the investments, including through our online registration form. We assure you that all your personal information and all your personal data remain under the protection of confidentiality, even if you have not entered into an agreement for investment on the Platform.
If you are the legal representative or contact person for a legal entity, we will process your personal data based on Our legitimate interest in order to ensure the exercise of the rights and fulfillment of the obligations resulting from the concluded agreements.
Our main purposes in connection with processing of user's personal data are as follows:
● to ensure the identification of the user;
● to perform our services on the Platform and to provide information to user whether requested or in relation to our services;
● to conclude and execute agreements;
● to ensure immediate due performance of the contractual financial duties and to protect our rights from the agreements concluded with Us;
● to analyse the user satisfaction and preferences towards the services to enable effective service development and marketing activities;
● to manage the Platform and to ensure its security. We are entitled to process user's personal data also for other purposes if they are necessary for performance of the obligations provided by the applicable legal provisions.
The legal grounds for the processing of personal data are the fulfillment of the contractual obligations and Our legitimate interest. Also, we can process your personal data for marketing communications, based on your consent given us on the Platform.
5. DATA RETENTION
We will retain your information (including personal data) for as long as is needed to provide you the services, or as required to fulfill our legal obligations. We will retain and use your information (including personal data) as necessary to comply with our legal obligations, resolve disputes, and enforce the agreement signed with you, as well as necessary for the other purposes above-mentioned.
By contacting us at email@example.com you can at any time obtain confirmation of whether or not personal data concerning you is being processed.
You have the right to access and export your information at any time by sending a request to firstname.lastname@example.org.
Our Platform contains cookies that collect personal data. The collection of personal data is strictly limited to what is necessary to provide you with the highest quality experience regarding the use of our Platform. We process technical data (including IP address), collected through cookies, such as information about your visits to our Platform.
We collect your personal data through cookies placed on the Platform. Details regarding the processing of personal data by such tools are available in our Cookies Policy.
7. GENERAL PRINCIPLES OF PROCESSING OF PERSONAL DATA
We and all of our employees apply all diligence and security measures required by the applicable legal provisions at processing user's personal data to ensure that it is only done for the purposes above-mentioned and to protect user's personal data against inadvertent or unauthorized use, disclosure or destruction.
We enable access to the user's personal data only to
● our employees with whom a non-disclosure agreement is concluded and the obligations related to the protection of personal data have been acknowledged by them;
● a third party, who processes the data on behalf of us, with whom a personal data processing agreement is concluded, containing confidentiality obligations. Such third parties may be: providers of legal services related to the registrations with the Trade Registry related to the SPV, providers of electronic signature for documents, providers of KYC procedures, providers for sending information or marketing materials, as above-mentioned, providers of debts collection services, providers of accounting services;
● other investors who will be shareholders with the user in the SPV (their data will be collectively mentioned in the articles of incorporation of the SPV, as well as in the resolutions of the General Meetings of Shareholders, as per the applicable legal provisions requirements);
● developers of the projects on the Platform (in order to verify any potential conflict of interest of the future investor);
● to potential buyers of the shares in the SPV, as the case may be (in order to verify any potential conflict of interest).
We maintain administrative, technical and physical safeguards designed to protect the personal information we have about you against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
We have put in place appropriate security measures to prevent your data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your data to those employees, agents, contractors and other third parties who have a business need to know, as above mentioned. They will only process your data on Our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data breach and will notify you and the competent regulator of a breach.
8. TRANSFER AND DISCLOSURE OF PERSONAL DATA
We are entitled to transfer user's personal data in accordance with the Platform Documents and the applicable legal provisions, primarily to:
● third persons who fulfil any of our data processing assignments, as above mentioned;
● persons whose economic or professional activity including provision of service of collection of debts and other related services for collection of contractual debt(s) of the user;
● persons to whom we are obliged to transfer user's personal data based on the applicable legal provisions;
● person providing accounting services to us, also to persons providing legal assistance in connection with agreements entered into with or between the users.
We are entitled to transfer user's personal data to the third persons in any other case only when there is justified interest for ensuring the performance of the agreements entered into with or between the users and transfer of information to such person does not contradict the applicable legal provisions.
Under the applicable legal provisions we are obliged to conclude an adequate agreement with any third persons to whom user's personal data are transferred, i.e. the data processor. We will in any case assess the organisational and technical measures the data processor takes to ensure the protection of personal data.
9. RIGHTS AND OBLIGATIONS OF USERS IN CONNECTION WITH PROCESSING OF THE PERSONAL DATA
The user agrees to transfer to us required personal data described in the Platform Documents and any other agreements, which must be correct, valid and complete.
The user agrees to inform us immediately about the changes in the personal data, also about incorrectness or invalidity of personal data by delivering to us the correct and valid personal data to replace the incorrect and/or invalid ones. The user shall be fully responsible for his or her correct and valid personal data during the use of the Platform.
You have the following rights regarding the processing of your personal data:
a. The right to access your personal data.
b. The right to rectification or deletion of inaccurate personal data.
c. The right to restriction of processing of personal data. This right is available to you when:
i) you contest the accuracy of your personal data;
ii) the processing of your personal data is unlawful,
iii) we no longer need your personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
iv) you have objected to processing of your personal data, pending the verification of our legitimate interest ground.
d. The right to data portability.
e. The right to oppose the processing of your personal data.
The user is entitled to demand information from us at any time about the personal data collected by Us about him or her, also about the persons to whom we have delivered the user's personal data. For that, the user must send us an email. We will review and answer the demand for information. We are entitled to refuse the transfer of the above specified information in cases and extent provided by the legal provisions.
The user is entitled to demand termination of the processing of the personal data by Us, and we are obliged to terminate processing of user's personal data if the user has duly performed all obligations of the agreements entered into with the us and/or another user and the user's agreements entered into with us and/or other user are terminated.
Should you have any questions related to the processing of your personal data or if you would like to submit a request, as well as to exercise any of the rights on the processing of personal data, please contact us at: email@example.com.
We will review each request and notify you with regard to the undertaken actions in the shortest possible time. Should We require more information from you or experience difficulties in the settlement of your request, we shall notify you without delay with regard to the fact that we need additional information to perform a proper review of your request.
10. STORING OF DATA
Data is stored in data centers located in the European Union. Under the terms and conditions of the service provided by the data center, only We have the right to access the personal data of the users. The personal data of the users is stored and preserved for as long as necessary under the applicable legal provisions. After that, the data is destroyed in a manner required by the applicable legal provisions.
11. LEGAL DISCLOSURE
Notwithstanding anything to the contrary in this Notice, we may preserve or disclose your information if We believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to address fraud, security or technical issues; or to protect our or our users' rights or property.
We may share your personal data with law enforcement authorities, data protection authorities, government officials, and other authorities when We are legally bound to do so or to protect the safety of users and the Platform.
12. CONTACT US
In the event we decide to amend this Privacy Notice, we will publish the new version on the Platform, which will supersede the current version.
Thank you for trusting us with your personal data and for finding the necessary time to read our Privacy Notice. Please feel free to contact us if you have any questions related to our processing of your personal data at: firstname.lastname@example.org
STOCKESTATE CROWDFUNDING SRL
1-3 Lacul Tei Blvd, 020371 Bucharest, Romania
All investments involve risk and the past performance of a security or a financial product does not guarantee future results or returns. Please keep in mind that while diversification may help to spread risk it does not assure a profit, or protect against loss in a down market. There is always the potential of losing money when you invest in securities or other financial products. Investors should consider their investment objectives and risks carefully before investing.