PRIVACY POLICY

Welcome to Fundy’s (referred to as “Fundy”, “we”, “us” or “our” in this Privacy Policy) Privacy Policy. The purpose of this Privacy Policy is to inform you and provide you with an understanding of how we process, handle, collect, use, disclose and deal with personal data about you that you give us, that we receive through third parties or that is in our possession.

All the entities belonging to Fundy Group respect your privacy and are committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

WHO CONTROLS YOUR DATA

In case of your activities on our website, including acting as a user after registering a user account with us, the personal data controller (i.e. the organization that is collecting your personal data) is Fundy. When entering into an agreement with a Service Provider named below, your personal data will be jointly controlled by the Service Provider and Fundy. Your personal data may be processed by one or more of the Fundy Group companies.

We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below. Please see contact details below.

SERVICE PROVIDERS

Fundy Pte. Ltd.

63 Robinson Road
Level 8, 7 and 6
Singapore 068894

Fundy Corp Ltd

20, Pangyo-ro 289beon-gil
Bundang-gu
Seongnam-si
Gyeonggi-do
Republic of Korea

Email: help@fundy.fund

It is important that you read this Privacy Policy in addition to our Platform Terms and other terms of service available on our website.

PERSONAL DATA WE COLLECT

Personal data, or personal information, means 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). Generally, we do not rely on consent as a legal basis for processing your personal data, except in jurisdictions where consent is explicitly required. Unless not recognized under the applicable local data protection laws of the country where your personal data is being processed, examples of the lawful basis on which we rely include: where the processing is necessary for us to perform a contract we have with you and providing services to you, compliance with a legal or regulatory obligation, or in accordance with the protection of our legitimate interests. In countries where consent is explicitly required, including Singapore, we will obtain consent to process personal data in compliance with such local law requirements.

Non-Personal Information

When you visit our website, we collect the IP address of the device you use to connect to the internet. In addition, we may gather other information such as the type and version of browser you are using, the type of operating system you have, and which website you came from or advertisement you viewed or clicked on. This information helps us provide an online experience that matches your device and to manage our online advertising as well as manage our risks.

We may also collect information about how a visitor uses our website. This information is not personally identifiable and will only be used to find out how our services and website are used. This information may include how much time is spent on our website, which other websites visitors came from, and which other websites visitors go to. The collection of this information allows us to prepare for traffic-load demands and to deliver relevant information efficiently.

If we combine non-personal information with personal data, the combined information will be treated as Personal Data for as long as it remains combined.

Personal Data

When contacting us and providing your name and email address, we might retain this information to provide a better user experience for you should you contact us again in future.

On registering a User Account, we obtain your name and e-mail address and other information when identifying yourself through third parties (e.g. LinkedIn). When submitting an investor or fundraising application on our website, we may request and collect the following information:

1. Information about your identity, such as your name, address, phone number, title, date of birth, nationality, and tax residency
2. Information related to transactions arising from your relationship with us
3. Information about the source of your funds or source of your wealth
4. Information about financial knowledge, experience, financial assets or other additional information to assess the appropriateness of the services and products made available by us to you, and to provide you with appropriate investor protections
5. Information about the company, including your business name, registration number, address, phone number, email address, the field of activity, members of the management board, and detail(s) on the beneficial owner(s).

You can update your profile in the account settings at any time.

We do not collect any special categories of personal data about you.

HOW WE USE YOUR PERSONAL DATA

We will use your personal data only where it is lawful to do so.

We will/may collect, use, disclose and/or otherwise process your personal data for any one or more of the following purposes:

• (i) administering, facilitating, processing and/or dealing in any matters relating to your use or access of our website, including identifying you for login to our website, our portals and other online services provided by or on behalf of us;
• (ii) user on-boarding or sign-in process, either directly or via third-party service provider;
• (iii) monitoring, processing and/or tracking your use of our website in order to provide you with a seamless experience, facilitating or administering your use of our website, and/or to assist us in improving your experience in using our website;
• (iv) assessing and processing your request for the purchase of and/or subscription to our products and/or services;
• (v) registering you as our customer and/or to deal with, process and/or administer the account that you may open with us, whether a membership account or otherwise, including to facilitate your transactions or activities on our website, or your transactions or activities with us;
• (vi) administering, facilitating, processing and/or dealing with your relationship with us, any transactions or activities carried out by you on our website or with us. This includes processing your application, orders and payment transactions; implementing transactions and the supply of products and/or services to you that you have requested;
• (vi) administering, facilitating, processing and/or dealing with your relationship with us, any transactions or activities carried out by you on our website or with us. This includes processing your application, orders and payment transactions; implementing transactions and the supply of products and/or services to you that you have requested;
• (vii) providing our services to you and arranging any transaction you have made through our website;
• (viii) monitoring your usage of our services;
• (ix) accounting, billing and audit, credit card or other payment-card verification and screening;
• (x) carrying out your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf including responding to your enquiries and complaints; or responding to or dealing with your interactions with us;
• (xi) contacting you or communicating with you via phone/voice call, text message and/or email and/or postal mail for the purposes of administering and/or managing your use of our website, your registration and/or account with us, your relationship with us or any transactions made by you with us;
• (xii) security, administrative and legal purposes;
• (xiii) statistical and marketing analysis;
• (xiv) carrying out due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations of any jurisdiction applicable to us or our affiliates, the requirements or guidelines of governmental authorities of any jurisdiction which we determine are applicable to us or our affiliates, and/or our risk management procedures that may be required by law of any applicable jurisdiction (whether Singapore, EEA or foreign country) or that may have been put in place by us or our affiliates;
• (xv) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with conflict of interests; or dealing with and/or investigating complaints;
• (xvi) complying with or as required by any applicable law, court order, order of a regulatory body, governmental or regulatory requirements, of any jurisdiction applicable to us or our affiliates, including meeting the requirements to make disclosure under the requirements of any law binding on us or our affiliates, and/or for the purposes of any guidelines issued by regulatory or other authorities of any applicable jurisdiction (whether of Singapore, EEA or elsewhere) with which we or our affiliates are expected to comply;
• (xvii) complying with or as required by any request or direction of any governmental authority of any applicable jurisdiction with which we are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (whether Singapore, EEA or foreign country). For the avoidance of doubt, this means that we may/will disclose your personal data to such parties upon their request or direction;
• (xviii) conducting research (including customer research), surveys, market surveys, analysis and/or development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities, or to improve our understanding of your interests, concerns and preferences, in order to enhance any continued interaction between yourself and us connected or in relation to our platform, or improve any of our products or services;
• (xix) customer relations, and to help us in any future dealings with you, by identifying your requirements and preferences;
• (xx) storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside the jurisdiction of your Fundy service provider;
• (xxi) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of our business or that of our affiliates;
• (xxii) to create reports with respect to our transactions with you, and/or producing statistics and research of such transactions for internal and/or statutory reporting and/or record-keeping requirements;
• (xxiii) dealing with and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves us as a participant or involves only our related corporation or affiliated company as a participant or us and/or any one or more of our related corporations or affiliated companies as participant(s), and there may be other third-party organisations who are participants in such transaction. “business asset transaction” means the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organization;
• (xxiv) anonymisation of your personal data. In this regard, you acknowledge that personal data that has been anonymised is no longer personal data and the requirements of applicable local data protection law would no longer apply to such anonymised data; (xxvi) Fundy Group’s reporting purposes including but not limited to reporting on our business performance, including producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of us or of our affiliates/related corporations; and/or

(collectively referred to as the “Purposes”).

SHARING YOUR PERSONAL DATA

You hereby acknowledge, agree and consent for us to disclose your personal data to other parties, located within the EEA, Singapore or outside these countries, who collect, use, disclose and/or process your personal data for one or more of the above Purposes. Such third parties include:

• a) other companies in the Fundy Group
• b) the companies which raise capital through our website
• c) other registered users of the website
• d) clients of other entities belonging to the Fundy Group
• f) third party service providers assisting us in providing services to you
• g) any other third parties to whom disclosure by us is for one or more of the Purposes and where such third parties would in turn be collecting and processing your personal data for one or more of the Purposes.

Most of our service providers are considered data processors (also known as data intermediaries in some jurisdictions). In certain cases, our service providers may be considered data controllers or organisations processing such personal data not as data intermediaries. These service providers are for example our attorneys, auditors, insurers, banking partners and accountants who perform certain activities on behalf of us but are subject to data processing rules as independent controllers. Some of these third-party service providers may be located outside the country where you accessed this website.

We require all third-party service providers to maintain appropriate technical and organisational measures to meet the requirements of applicable law and protects your rights.

If personal data is transferred or disclosed to another data controller or a data processor within the Fundy Group, the same rules are applied.

Though we make every effort to preserve your privacy, we may need to disclose your personal data when required by law and when we have a good-faith belief that this is necessary to comply with judicial proceedings, a court order or legal process that we receive or are involved in. We may also disclose your personal data to relevant authorities and regulators.

TRANSFERRING PERSONAL DATA ACROSS BORDERS

If we transfer your personal data from the EEA or Singapore to a jurisdiction outside these countries/regions, or from a non-EEA or non-Singapore jurisdiction to another jurisdiction, it is done so only subject to appropriate safeguards as set out by applicable law, giving the required protection to your personal data under applicable data protection laws.

DIRECT MARKETING

We may contact you occasionally to provide you information about our new products and services and we will do so in compliance with applicable local data protection law. When sending you direct communication in the form of email or otherwise, we may use software that is able to see whether or not you have received, opened and/or clicked on the contents of these messages.

If you no longer wish to receive any marketing or promotional communications, you may always opt out in the communications preference section of your User Account, send us an e-mail or click an unsubscribe link in the e-mail sent to you. If you are having difficulties unsubscribing, please contact us at help@fundy.fund.

INFORMATION ABOUT YOU ON OUR WEBSITE

Information about you as a natural or legal person may already be registered on our website before having any relationship with us. Such information is obtained by Fundy from public sources or entered by persons visiting our website. We collect such information only for the purposes of providing data services. Fundy accepts no liability for public information or information provided by third persons. If you find incorrect information or would like us to delete information, we hold about you on our website, please contact us at help@fundy.fund.

COOKIES AND TRACKING

We may make use of browser "cookies." Cookies are small pieces of information that are stored by your browser on your computer's hard drive when you visit our Website. They allow us to see if you have logged in, checked your status as a subscriber or user, and facilitate access to your preferences. In the course of providing advertisements to this website, third-party advertisers may place or recognise a unique cookie on your browser.

Cookies can be deleted from your hard drive if you wish. Most web browsers automatically accept cookies, but you can change your browser settings to prevent that. Certain parts of our website will not function properly if usage of cookies is blocked. Fundy is not liable for any loss of functionality or quality of the website if usage of cookies is blocked.

We may also use tracking software to monitor customer traffic patterns and website usage to help us develop the design and layout of the website, and also to keep you informed of our activities.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Please send all requests to: help@fundy.fund. We may need to request specific information from you to help us confirm your identity and ensure your right to exercise any of your legal rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Note that where other local law is applicable, we will provide rights of access to your personal data in accordance with such rights which may include levying a fee for your exercise of such rights or restricting access to your personal data.

BUSINESS TRANSITIONS

If Fundy goes through a business transition, such as a merger or acquisition by another company, or sale of a portion of its assets, your personal data will, in most instances, be part of the assets transferred and the new controlling company will be permitted to use your personal data in compliance with this Privacy Policy.

LINKS TO OTHER WEBSITES

As part of the services we provide, we may include links allowing you to access third-party websites. We do not control these third-party websites and are not responsible for the content that appears on those sites and we do not endorse them. When you leave our website, we encourage you to reach the privacy policies of every website you visit to understand how they use your personal data.

SECURITY

Fundy takes the security of your personal data seriously. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are 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 supervisory authority of a breach where we are legally required to do so.

PERIOD OF STORING THE PERSONAL DATA

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Your personal data will be stored at least for the period of validity of your account. We may store your personal data for longer periods if such obligation arises from applicable law (including Taxation, Anti-Money Laundering and Counter-Terrorist Financing legislation in jurisdictions we operate), or to the extent permitted by applicable law when storing your personal data is in our legitimate interest (including, but not limited to being necessary for us to protect our rights in case of a dispute arising from a contract with user).

YOUR RIGHT TO LODGE A COMPLAINT

You have a right to make a complaint at any time to your country’s data protection authority. We would, however, appreciate the opportunity to deal with your concerns before you approach any supervisory authority so please contact us directly in the first instance.

CHANGES TO THIS POLICY

We may make changes to this Privacy Policy from time to time and will inform you when we do so and post the changes on our website. Where we are required to seek further consents under applicable law, we will do so.