PRIVACY POLICYEffective from: August 29th, 2024
FU Capital respects the privacy of its users, visitors of the Platform and other individuals who interact with Us, and is fully committed to protecting their personal data and processing it in accordance with the applicable data privacy regulations.
This Privacy Policy explains how FU Capital processes any personal data collected by Us or provided to Us when You are using the Services provided by FU Capital, visiting
www.fucapital.io or otherwise.
To the extent that You are a User of the Services, this Privacy Policy applies together with any terms of use and other contractual documents, including but not limited to any agreements We may have with You.
To the extent that You are not a User of the Services but are using Our website, this Privacy Policy also applies to You, together with Our
Cookie Policy.
1. DEFINITIONS1.1.
Affiliate – in relation to any person, a person that is: (i) any subsidiary undertaking or parent undertaking of that person and any subsidiary undertaking of any such parent undertaking; or (ii) a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, the person specified.
1.2.
Digital Asset Wallet– a wallet opened with a Digital Assets service provider.
1.3.
Digital Assets or Funds – a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenised derivatives of any other digital asset, such as USDT and USDC.
1.4.
FU Capital, We, Us, or
Our – FU Capital Platform d.o.o., a legal entity incorporated under the laws of the Republic of Croatia, registered with the court registry of the Commercial Court in Zagreb under the registration number (MBS): 081526038, OIB: 34592704188, with registered seat in Zagreb, Ulica Veselka Tenžere 1, Croatia.
1.5.
GDPR – European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
1.6.
Platform – sites created and serviced by FU Capital, merged under the domain name: www.fucapital.io.
1.7.
Privacy Policy – this privacy policy, together with any other documents expressly incorporated by reference in each case as or supplemented from time to time.
1.8.
Services – innovative services provided by FU Capital or its Affiliate on or through the Platform or otherwise upon demand by a User, including activities required for operations with a User Profile, identity verification and due diligence checks, facilitating the purchase of the Claims on the Platform, the Claim Servicing, and other activities as described in the Terms of Use.
1.9.
User – a person who meets all the eligibility requirements set in the Terms of Use and that opens and holds a User Profile, thereby agreeing to the Terms of Use.
1.10.
User Profile – a User’s personal site on the Platform opened and held on the User’s name and maintained by FU Capital.
1.11.
You,
Your, or
Yourself – you, the User, that opens and holds a User Profile, thereby agreeing to the Terms of Use.
1.12. The terms ‘
personal data’, ‘
data subject’, ‘
controller’, ‘
processor’, ‘
processing’ and ‘
supervisory authority’ as used in the Privacy Policy shall have the same meanings as given in the GDPR.
1.13. A reference to a ‘
regulation’ includes any regulation, rule, official directive, request or guideline (whether or not having the force of law) of any governmental, intergovernmental or supranational body, agency, department or of any regulatory, self-regulatory or other authority or organisation. User Wallet
1.14. A reference to a particular law is a reference to it, as it is in force for the time being, taking account of any amendment, extension or re-enactment, and includes any subordinate legislation for the time being in force, made under it.
2. DATA PROCESSING PURPOSES AND LEGAL BASISFU Capital, as a data controller, processes personal data for various purposes and based on different legal grounds. Please note that We may process certain types of personal data for several purposes at the same time. We may receive your data from both You and external sources, such as service providers and other third parties.
2.1.
Registration on the Platform. To create a User Profile on the Platform, We will collect Your email account address, telephone number, name, surname, address of residence, citizenship, tax residence, tax identification number, source of funds, a Digital Asset Wallet, or any other information provided in the registration application or submitted to Us in free form or as a document, and any other User wallet information. If You are acting as an authorized representative of legal entity, We will collect Your email account address, telephone number, name, surname or any other information provided in the registration application or submitted to Us in free form or as a document. Once the User Profile is registered, We will gather information on the source of funds You send to Us and will require You to submit any other information or documentation during the performance of Our identity verification and due diligence checks in order to verify You are not directly or indirectly involved in any money laundering, terrorist financing, circumvention or breach of the international sanctions, or any other crime committing schemes. The legal basis for such processing is taking steps prior to entering into an agreement with Us. If You do not verify Your identity and complete the necessary further steps while creating a User Profile, You will not be able to use Our Services, and Your information will be deleted within 30 days.
2.2.
User Identification. Prior to providing You with the Services, We are legally required to identify You and perform identity verification and due diligence checks, including as required by anti-money laundering and anti-terrorist financing requirements set in the laws and regulations applicable to Us. Please note that some of these checks are done by Our service providers, for example, Our identity verification service provider and Digital Asset service provider. For this purpose, We will process Your email account address, telephone number, name, surname, address of residence, citizenship, tax residence, tax identification number, date of birth, personal ID number (for Croatian citizens OIB), photo, identification document number, source of funds, or any other information provided in the registration application or submitted to Us in free form or as a document, and other data from the ID document, gender, and Your Digital Wallet address, other data necessary to complete the due diligence data, such as the origin of funds, status of the politically exposed person, beneficiary of profits, and other information, if necessary. The legal basis for such processing is the concluding an agreement with You and compliance with applicable laws and regulations.
2.3.
Providing the Services. Once Your User Profile has been successfully created and We have performed the necessary identity and security validation and verification checks, We will process certain data during the course of providing the Services to You and while You use the Platform. This includes enabling the purchase of the claims via the Platform and receiving transfers. For this purpose, We will process Your Digital Assets account address and other information associated with Your Wallet. Please note that Digital Asset transactions are not fully anonymous and Your Digital Assets account address may be associated with certain personal data, such as transaction history and IP address. The legal basis for such processing is the performance of the agreement concluded with You and compliance with applicable regulations.
2.4.
Providing support and communication with You. When You communicate with us, or We provide Our user support to resolve any issues or reply to any of Your enquiries, We will process Your email account address, telephone number, name, surname, address of residence and any information contained in the communication and required to respond to Your questions. The legal basis for such processing is Our legitimate interests to answer to Your inquiry, to ensure the quality of the Services, to solve any related problems and to analyse the quality of provided support.
2.5.
Promoting the Services and doing various marketing activities. We may process some of Your personal data to inform You about Our news, updates, new services and other marketing activities. For this purpose, We may use Your email account address and telephone number, as well as some information which has been collected using web cookies. The legal basis for such processing is Your consent, if You have agreed to receive marketing information and, if applicable, Our legitimate interests to pursue direct marketing activities. In each case of direct marketing activities, You will be given an opportunity to opt-out, that is, to request to stop receiving marketing information from Us. In case of special marketing activities, please always review the tailor-made privacy policy and terms and conditions for such activities, and in case of discrepancies, information provided therein will apply.
2.6.
Analysis of the Services and improving Our performance. To improve the Platform and Our Services and develop them further, as well as analyse how Users interact with the Platform, We process certain technical data and information from Our systems, including databases, websites, and networks. We may also process various technical data obtained from cookies, audit trails and other technical data. For this purpose, We may use Your IP address, Your device and browser information, pages You access on Our website, language preferences, Your location, standard web log data, and other information collected from cookies and similar technology We use on Our website and Platform. The legal basis for such processing is Our legitimate interests to analyse Our operations, improve the Platform and Our Services and Your experience when them.
2.7.
Defending Our legal interests. In certain cases, when reasonably necessary, We may process Your personal data to pursue or protect Our legal interests, such as enforcing an agreement, preventing fraud or attempted fraud, recovering funds, or resolving disputes of any nature. We may also process Your personal data in case when We need to comply with any applicable laws and regulations and/or assist law enforcement authorities. For this purpose, depending on a case-by-case basis, We will most likely process Your email account address, telephone number, name, surname, address of residence, citizenship, tax residence, tax identification number, date of birth, personal ID number (for Croatian citizens OIB), identification document number, source of funds, or any other information provided in the registration application or submitted to Us in free form or as a document, and other data from the ID document, gender, and Your Digital Assets Wallet address. If necessary, We will process additional information which may be required in the particular case. The legal basis for such processing is Our legitimate interests to protect Our legal interests, including, but not limited to, preventing fraud and resolving any disputes.
2.8.
Cooperation with public authorities. In certain situations, We might have a legal obligation to share Your information with public authorities or other third parties. We might also share Your information with third parties when it is in Our legitimate interest, for example, in case of any merger, sale of assets, transfer of undertaking, reorganisation or other business transaction or restructuring the provision of the Service. For this purpose, We may be required to provide the information as required by such authorities or third parties. The legal basis for such processing is compliance with applicable regulations or legitimate interest to pursue Our business activities and development.
2.9.
Management of Our website. When You are visiting
www.fucapital.io We automatically collect and process the following information that may contain Your personal data: Your device and browser information, pages You access, language preferences, device identifiers, operating system You are using, Your location, mobile network information, standard web log data, and other information collected from cookies and similar technology We use on Our website. Learn more about how We use cookies on Our website by reading Our
Cookie Policy.
3. RETENTION PERIOD3.1. We retain personal data for as long as the purpose for which it has been collected still exists, and there is a legal basis for data processing, for example, You are still using Our Services or Your consent to data processing is valid. In certain cases, We may be required to retain Your personal data in accordance with applicable regulations or it is needed to pursue Our legitimate interests, for example, raise and maintain legal claims or enforce Our agreements.
3.2. Once these conditions are no longer valid, We will delete or anonymize Your personal data as soon as reasonably possible.
4. SHARING PERSONAL DATA WITH THIRD PARTIES4.1. To be able to provide You with the Services, We work with Our cooperation partners that provide Us with different kinds of services that We require in Our ordinary course of business. Therefore, We share Your personal data with such service providers or partners. This may include, but is not limited to:
4.1.1. Our Affiliates to provide the Services in various locations and facilitate internal administrative processes;
4.1.2. service providers which provide Us with server and hosting services, IT, identity and security validation and verification check service providers, communication and content delivery services, Digital Asset processing services, CRM and customer support software services, accounting services, external advisors, and legal and financial advice, among others;
4.1.3. public authorities and institutions, Digital Asset service providers, banks, law enforcement agencies, tax administrations, supervisory bodies, financial investigation authorities, if necessary;
4.1.4. lenders and partners, if it is reasonably and legitimately necessary for the provision of services or compliance with applicable laws and regulations.
4.2. Under certain circumstances, We may be legally required to share Your information with third parties to comply with legal requests and to safeguard Our or a third party's legitimate interest. Additionally, We may disclose Your information to third parties as allowed by applicable regulation, including to a potential buyer acquiring all or substantially all of Our business or in the event of a merger, sale of assets, transfer of undertaking, reorganisation, or other business transaction or restructuring, where Your information may be among the transferred assets.
4.3. When sharing Your personal data with service providers or third parties, We ensure compliance with the provisions of the GDPR by sharing only the minimum necessary data for specific purposes and cooperating only with service providers, which ensure an appropriate level of personal data protection. If a service provider acts as Our processor of personal data, We ensure that it processes Your data in accordance with Our instructions, based on a written agreement, and does not use it for other purposes.
4.4. In cases where the service provider or the third party is located outside the EU/EEA, We will share Your data in compliance with GDPR requirements:
4.4.1. rely on EU Standard Contractual Clauses or other suitable grounds for data transfer as provided by GDPR; and
4.4.2. cooperate with service providers or third parties located in countries, ensuring an adequate level of data protection according to the European Commission adequacy decision.
5. YOUR RIGHTS5.1. As a data subject, You have certain rights in relation to the processing of Your personal data. Subject to certain limitations as may be set by applicable laws and regulations, You can:
5.1.1. request access to Your personal data and obtain a copy of the data as well as an explanation of how it is processed;
5.1.2. obtain a copy of Your personal data, provided that the information contained in such data export does not affect Our legitimate interest in protecting Our trade secrets or any other confidential information;
5.1.3. correct incorrect or inaccurate data;
5.1.4. restrict the processing of Your personal data if the criteria set in the GDPR apply;
5.1.5. request to erase Your data. Please note that We will not be able to delete personal data, which We are required to process and retain in accordance with applicable law and regulation or which may be necessary to defend Our rights or bring legal action if Our rights have been infringed;
5.1.6. object to the processing of Your personal data, where the processing is based on Our legitimate interests. In case of such an objection, We will no longer process Your personal data unless We can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or for the establishment, exercise or defence of legal claims;
5.1.7. withdraw Your consent to the processing of personal data based on prior consent. Consent can be revoked by using the unsubscribe option in Our e-mail messages or SMS or sending an e-mail to: support@fucapital.io. Withdrawal of Your consent will not affect the lawfulness of processing based on consent before its withdrawal. Also, the withdrawal of consent will not affect the processing of Your personal data, which We process based on other legal grounds.
5.2. Please note that the provision of Your personal data is a legal and contractual requirement for You to be able to use the Services. If You do not provide the information requested by Us, We will not be able to register You as a User of the Platform and enable You to use the Services.
5.3. Additionally, if You believe that We have unlawfully processed Your personal data, You have the right to submit a complaint to the respective supervisory authority in Your country or to the Croatian Personal Data Protection Agency (address: Selska Cesta 136, 10000 Zagreb, Croatia, e-mail: azop@azop.hr).
6. PRIVACY POLICY CHANGES6.1. We may occasionally amend the Privacy Policy, and such amendments shall enter into force and shall be applied from the moment they have been uploaded to Our website. In case the amendments are material, We will notify You in advance.
6.2. By continuing to use the Services or the Platform and website, or otherwise providing personal data to Us, after the amendments to the Privacy Policy have been implemented, You agree to the updated terms of the Privacy Policy.
6.3. The Privacy Policy displayed on the Platform will show the most recent revision date.
7. CONTACT INFORMATION7.1..If you have any questions about your personal data or the Privacy Policy, or if you would like to file a complaint about how we process your personal data, please use our email address in the Platform:
support@fucapital.io, by indicating ‘
Privacy Request’, so that We are able to distinguish this from a query. You may also use Our post address specified on the Platform: FU Capital Platform d.o.o., Zagreb, Ulica Veselka Tenžere 1, Croatia.