PRIVACY POLICY FOR NON-REGISTERED OPENFUNDS.COM USERS
1. Introduction
This Privacy Policy describes how openfunds e.V. (“openfunds”) collects, uses and handles personal information. It further describes why we collect personal information, how we use cookies, when and how we share personal information with third parties and how we keep your personal information secure. “openfunds website” or “openfunds” refers to www.openfunds.org.
2. The EU Representative
As openfunds e.V. is registered in Switzerland and offers services to investors in the European Union, it has appointed FE fundinfo (Germany) GmbH as its EU Representative.
The contact details of FE fundinfo (Germany) GmbH are as follows:
Rheinstraße 13
60325 Frankfurt am Main
Germany Phone: +49 69 750 859 790
Email: info@fefundinfo.com
3. The Data Protection Officer
Mr Daniel Walter, Managing Director, has been appointed as Data Protection Officer. Mr Walter can be contacted at daniel.walter@openfunds.org or openfunds e.V., c/o Balmer-Etienne AG, Bederstrasse 66, 8002 Zurich, Switzerland.
4. What personal information do we collect?
If you do not create an account with openfunds we do not collect any personal information.
If you create an account with openfunds the personal information we collect will include:
• names;
• e-mail address;
• password;
If you subscribe to the openfunds newsletter the personal information we collect will include:
• names;
• e-mail address;
We do not collect any sensitive personal data.
5. Why do we collect personal information and how do we use it?
Only active members are allowed to login on openfunds.org. The personal data is collected to check the member status of the user. We also use your personal information to perform marketing related activities and to supply other administrative services.
If you subscribe to the openfunds newsletter we use the personal data to provide newsletters only.
6. Lawful basis for processing your personal data
openfunds will process your data in a lawful, fair and transparent manner.
Your personal data is processed because you have consented to the processing of your personal data for the purpose of using the services provided by openfunds.
7. How long do we hold your information for?
If you create an account or if you subscribe to the newsletter your personal data related to this registration is collected and held by openfunds for as long as is necessary for you to maintain an account with us. Once the account has been closed, any dataretention will only be to the extent necessary for us to comply with our legal obligations, enforce our agreements, internal analysis purposes or to improve website functionality.
8. Cookies
9. Sharing of personal information with third parties
If you do not create an account with openfunds we will generally not make your personal information available to any third party.
Under exceptional circumstances, we may make your data available to third-party service providers who help us 1) administer openfunds.com or 2) process the data submitted to it. These providers will not use the data for their own purposes. These third parties have access to your personal data only and insofar as necessary to perform these tasks on our behalf and are required to safeguard it in accordance with our contractual obligations and applicable data protection legislation.
Such safeguards may include transfer to countries that have been deemed to provide an adequate level of protection according to lists of countries published by the Federal Data Protection and Information Commissioner; applying standard data protection model clauses, binding corporate rules or other standard contractual obligations which provide for appropriate protection of data.
Our service provider for our newsletter management is located in the US and processes contact detailsfor marketing purposes. To provide an adequate level of data protection, we have concluded a separate agreement by means of an accepted standard contractual clause for this data transfer.
10. Links to other web-sites
openfunds may provide links to one or more other third party websites. We encourage you to read their individual privacy policies before providing any of your personal information to them.
openfunds is not responsible for the privacy policy adopted by third party web-sites.
11. Children’s data
openfunds is intended for use by persons aged 18 and over. openfunds does not knowingly collect or solicit any information from anyone under the age of 18. The services offered by openfunds and its content are not directed at children under the age of 18. In the event that we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us.
12. Your rights under Privacy Law
Your rights include:
I. The right to be informed of the processing operation and purpose
You have the right to be informed of the source of the personal information, of the purposes and methods of the processing, of the identification information concerning the entity responsible for collecting and processing your personal information, of the entities or categories of entity to whom or which your personal information may be communicated and who or which may get to know said information, etc.
II. The right of access
You have a right to request a copy of your personal data, which we will provide to you in an electronic form.
III. The right to rectification
You have the right to rectify any inaccurate personal data,if you believe they contain incorrect or incomplete information about you.
IV. The right to erasure (“to be forgotten”)
You have the right to obtain erasure of your personal data without delay, where certain grounds apply.
V. The right of restriction to data processing
You have the right to obtain restriction to the processing of your data by openfunds, where certain grounds apply.
VI. The right to withdraw consent
You have the right to withdraw consent at any time without charge.This includes cases where you wish to opt out from marketing communications. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal basis for processing.
VII. The right to lodge a complaint with a supervisory authority
You have the right of appeal to a data protection supervisory authority if you believe that the processing of your personal data violates data protection law. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch/edoeb/en/home.html).
VIII. The right to data portability
You have the right to receive the data you have provided to openfunds in a structured, commonly used, machine-readable format and to send this data onto another data controller.
For the purpose of exercising the rights described above, you may contact the Data Protection Officer email: daniel.walter@openfunds.org or write to openfunds e.V., Staffelstrasse 12, 8045 Zurich, Switzerland.
13. Transfers to third country jurisdictions
openfunds is based in Switzerland. The European Commission has recognised Switzerland as providing an adequate level of protection of personal data. Your personal data may be transferred across international borders. It may be transferred to countries that have different levels of data protection laws to the country from where you submitted your personal data. openfunds has put in place security measures for the export of personal data from its jurisdiction and has made arrangements with entities receiving your personal data such as, that they shall ensure that security measures are in place, and that your personal data is processed only in accordance with EU Data Protection laws.
If data is transferred from within the EEA to a jurisdiction outside the EEA, it is done so under our binding cooperate rules, which contain a high standard of data protection rules and provide safeguards for personal information that is transferred outside of the EEA.
14. Security of your personal information
openfunds takes reasonable technical and organizational measures to ensure the security of your personal information. In particular, we take steps to protect against unauthorised access to disclosure of or alteration of your personal information. The steps we take to protect the security of your personal information include the putting in place of industry standard firewalls and password protection systems.
The security of your personal data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. We recommend that you use antivirus software, a firewall, and other similar software to protect your system. Nevertheless, should a data security incident occur, we have an internal reporting procedure to respond and notify you as quickly as possible.
15. Data Disclosure
We may disclose your personal data in the good faith belief that such action is necessary:
- To comply with legal obligation (i.e. if required by law or in response to valid requests by public authorities, such as a court or government agency);
- To protect the security of website and defend our rights or property;
- To prevent or investigate possible wrongdoing;
- To protect ourselves against legal liability.
16. Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We therefore encourage you to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this page.
29.08.2022