Privacy Notice
Introduction
FRACTUAL LTD(“Fractual”, “We”, “Us”, “Our”) is committed to protecting and being transparent about how it processes the personal data (the “Data”) of its Users (“You”, “Your”)
This Privacy Notice describes how We collect, use, disclose and store Your Data when You use the Fractual Platform (the “Platform”) and its services (the “Services”), in compliance with the applicable legal & regulatory framework
Data We collect from You
In order for You to access any available investment opportunity on the Platform and subscribe to the relevant tokenized bond offer (as per the applicable Terms of Service & the respective Subscription Agreement), You shall complete a two-step registration process:
1) Create an account (the “Account”)
When You create Your Account on Our Platform, We shall collect Your:
- Full name;
- E-mail address (primary, verified);
- Phone number (verified);
- Time zone;
- Account creation date & last login timestamps;
- Alternate email address (optional); and
- Profile photo (optional)
You can also create an Account by connecting to the Platform via a third-party provider, e.g., Google, Apple. In this case, We will only process the Data shared by the respective third-party provider.
2) Know Your Customer (“KYC”) verification
As a second step, We shall also collect the following:
- KYC documentation about You, including its status & expiry date;
- Your advanced electronic signature (AES), undersigning the Subscription Agreement, as well as the document ID & URL of the latter;
- Your selected payment method (e.g., wire transfer, direct debit);
- Your Stripe session ID (if Stripe is used for payments);
- Last four (4) digits of Your IBAN, if SEPA used for payment (via Stripe);
- Last four (4) digits & expiry date of Your bank card, if this is used for payment (via Stripe);
- Time of payment order (initiation & completion);
- Total number of shares (digitally depicted as Tokens) purchased; and
- Total amount of subscription money paid.
Newsletter subscription preference (optional/checkbox)
You may choose whether to receive newsletters, updates and promotional materials.
Data Controller & Processors
The Data Controller of Your Data is FRACTUAL LTD, a company incorporated in Cyprus, with registered office at Omonoias 52, TROODOS COURT, 1st Floor, Flat/Office 3, 3052, Limassol
Your Data might be shared with:
- DigiShares A/S a company incorporated in Denmark having its registered office at Niels Jernes Vej 10, 9220 Aalborg; provides software infrastructure & technical support for the Platform’s build/development;
- DigitalOcean, LLC provides hosting services;
- Amazon EU S.a.r.l. provides secure user authentication & identity management services;
- Astrodon Corporation (Loops) used for email communications;
- Intercom Inc. provides message hosting & processing;
- SumSub Tech LTD provides KYC & identity verification services for fraud prevention;
- Stripe (Payments Europe Limited & Stripe Technology Europe Limited) used as payment service provider (PSP), processing incoming & outgoing payments (between investors and FRACTUAL LTD);
- Dropbox Inc. provides digital signature functions (as per eIDAS) on legal documents/contracts made available via the Platform;
- Twilio Inc. provides communication & messaging services;
- Google Analytics provides analytics on user actions, e.g., webpage tracking, visit frequency/times, geographic data etc.;
- Microsoft Clarity provides analytics on user behaviour/interactions with the Platform; and
- Authorized Fractual personnel and/or trusted work associates who may, in the scope of their work duties, have access to/process Your Data.
All the above-mentioned parties shall act as Data Processors & are bound by confidentiality obligations.
Rationale & legal bases for processing Your Data
We shall process Your personal data for the following purposes and on the following legal bases:
| Purpose | Legal Basis |
|---|---|
| Create User Accounts & authenticate access to Platform | Performance of a contract |
| Verify User identity to comply with regulatory requirements | Legal obligation |
| Sign legal agreement(s) prior to investment | Performance of a contract |
| Facilitate investment transactions | Performance of a contract |
| Provide documentation of transactions | Performance of a contract |
| Provide investment overview & analytics | Performance of a contract |
| Carry out Fractual’s legal obligations, providing information to the competent authorities if/when requested | Legal obligation |
| Determine whether You wish to receive updates & promotional materials | Consent |
Where & for how long We store Your Data
We will keep all Your Account Data for up to five (5) years, upon termination of Your contractual relationships with Fractual.
We will keep any payment records for fifteen (15) years, to comply with Our legal, financial & tax obligations, as these are delimited in applicable legislation.
We retain Your Data within the European Union (“EU”) on Amazon Web Services servers. Nonetheless, Your Data may be transmitted to the United States of America (“US”) by some of our Data Processors, based on the EU-US Data Privacy Framework.
If at any time the EU-US Data Privacy Framework is suspended/declared invalid, or if a Data Processor fails to re-certify for the EU-US Data Privacy Framework, any EU-US Data transfer will be subject to the Standard Contractual Clauses Schedules 1-3, which shall be enforced between the aforementioned Data Processor(s) and Us.
Your Data rights
You may ask Us to:
- Provide You with a copy of the personal data We keep for You;
- Correct some data if it is not correct;
- Erase Your data;
- Stop processing Your data or delimit its processing to certain uses;
- Send Your Data to another company or entity via available means; or
- Withdraw Your consent, if You have previously provided it to Us.
You may also contact Us at any time to request more information about Your Data or opt-out of profiling–based communications.
How can You exercise Your data rights?
If, at any time, You would like to exercise Your rights or ask any question(s) about Your Data, feel free to send an e-mail to the following address: dpo@fractual.com
We will respond to You within thirty (30) days from reception of Your request.
If You feel that the protection of Your Data has been violated, You may file a complaint with the Office of the Commissioner for Personal Data Protection (www.dataprotection.gov.cy)