Mark is the General Counsel at Crowdcube having previously worked as a corporate lawyer at Berwin Leighton Paisner and Herbert Smith Freehills. He oversees compliance, risk and legal matters at Crowdcube and has been closely involved in obtaining Crowdcube's authorisation from the CNMV under the European CSP Regulations.
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Effective since: 17 May 2018
1. GENERAL WARNING
1.1 The EUROPEAN CROWDFUNDING NETWORK AISBL (hereinafter, « EUROCROWD ») respects the privacy of its users (hereinafter, the “Users“).
1.2 EUROCROWD processes the personal data transmitted to it in accordance with the legislation in force, and, in particular, Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, applicable from 25 May 2018 (hereinafter the “General Data Protection Regulation“).
1.3 Access to the website http://www.eurocrowd.org (hereinafter, the “Website”) implies the User’s full and unreserved acceptance of this Privacy Policy (hereinafter the “Policy”), as well as its general terms of service (hereinafter the “Terms”) and the cookie policy (hereinafter, the “Cookie Policy”).
1.4 The User acknowledges having read the information below and authorizes EUROCROWD to process, in accordance with the provisions of the Policy, the personal data that he/she communicates on the Website.
1.5 The Policy is valid for all pages hosted on the Website and for the registrations of this Website. It is not valid for the pages hosted by third parties to which EUROCROWD may refer and whose privacy policies may differ. EUROCROWD cannot therefore be held responsible for any data processed on these websites or by them.
2. DATA CONTROLLER
2.1 Simply visiting the Website shall take place without having to provide any personal data, such as first name, surname, postal address, e-mail address, etc.
2.2 As part of the Service, the User may be required to provide certain personal data. In this case, the data controller is:
EUROPEAN CROWDFUNDING NETWORK (EUROCROWD) AISBL
Rue Montoyer 51/7, 1000 Brussels, BELGIUM
Belgian business registry (BCE) number: BE 0525.640.723
2.3 Any question regarding the processing of this data may be sent to the following address: privacy@eurocrowd.org
3. DATA COLLECTED
3.1 By completing the order form on the Website and using the Service, the User allows EUROCROWD to record and store the following information for the purposes mentioned in point 4:
The User also authorizes EUROCROWD to record and store the following data for the purposes mentioned in point 4:
3.2 In order to facilitate browsing the Website as well as to optimize technical management, the Website may use “cookies”. These “cookies” record, in particular:
All information relating to “cookies” is included in EUROCROWD’s Cookie Policy.
3.3 When the User accesses the Website, the servers consulted automatically record certain data, such as:
3.4 No nominative data identifying the User is collected through the cookies and servers consulted. This information is kept for statistical purposes only and to improve the Website.
4. PURPOSES OF PROCESSING THE DATA
4.1 The Website collects, stores and uses its Users’ data for the following purposes, in particular:
5. RIGHTS OF THE PERSON CONCERNED
5.1 According to the regulations on the processing of personal data, the User has the following rights:
5.2 The User may, at any time, request access to his personal data, verify them, transfer them, and, in some cases, as aforementioned, limit their processing and rectify them, by writing to EUROCROWD accompanied by a copy of his identity card or passport to the following email address: privacy@eurocrowd.org or to the postal address: Rue Montoyer 51/7, 1000 Brussels, Belgium.
5.3 The User may also request rectification free of charge and, where applicable, request the deletion of all his personal data from EUROCROWD’s database – except those which EUROCROWD has a legal obligation to keep on record – and object to the use and, where appropriate, request the limitation thereof by sending a written request, accompanied by a copy of his identity card or passport, to EUROCROWD by e-mail: privacy@eurocrowd.org or by mail: Rue Montoyer 51/7, 1000 Brussels, Belgium.
5.4 EUROCROWD will then take the necessary steps to satisfy this request as soon as possible.
6. DURATION OF STORING THE DATA
6.1 EUROCROWD will keep the personal data of its Users for the duration necessary to achieve the objectives pursued (see point 4).
6.2 EUROCROWD may also continue to keep personal data concerning the de-registered User, including all correspondence or request for assistance sent to EUROCROWD in order to be in a position to reply to all questions or complaints that may be sent to it after the order, and in order to comply with all applicable laws, namely with regard to taxes.
7. COMPLAINT WITH THE SUPERVISORY AUTHORITY
The User is informed that he has the right to lodge a complaint with the Commission for the Protection of Privacy via email: commission@privacycommission.be or mail: Rue de la Presse 35, 1000 Brussels, Belgium.
8. SECURITY
8.1 In order to guarantee optimal payment security, EUROCROWD uses the online payment service STRIPE, which meets high security standards.
8.2 In addition, EUROCROWD has taken the appropriate organizational and technical measures to ensure a level of security adapted to the risk and that, to the extent possible, the servers hosting the personal data processed prevent:
8.3 In this respect, employees of EUROCROWD who have access to this data are subject to a strict confidentiality obligation. Nevertheless, EUROCROWD may in no way be held liable in the event that this data is stolen or hijacked by a third party despite the security measures adopted.
8.4 Users undertake not to commit acts that may be contrary to this Policy, the Terms of Service, the Cookie Policy or, in general, the law. Violations of confidentiality, integrity and availability of information systems and data which are stored, processed or transmitted by these systems, or the attempt to commit one of these violations, shall be punishable by imprisonment of between three months and five years and a fine of between twenty-six euros and two hundred thousand euros, or one of these penalties only.
9. COMMUNICATION TO THIRD PARTIES
9.1 EUROCROWD treats personal data as confidential information. It will not be communicated to third parties under any condition other than those specified in the Policy, such as to achieve the objectives set out and defined in point 4, or under the conditions in which the law requires it to do so.
9.2 EUROCROWD may communicate its Users’ personal information to third parties to the extent that such information is necessary for the performance of a contract with its Users. In such case, these third parties will not communicate this information to other third parties, except in one of the two following situations:
9.3 The communication of this information to the aforementioned persons shall, in all circumstances, be limited to what is strictly necessary or required by the applicable regulations.
10. TRANSFER TO A NON-EU COUNTRY OR COMPANY
EUROCROWD transfers data to a non-EU country only when that country provides an adequate level of protection within the meaning of the legislation in force, and, in particular, the Law of 8 December 1992 on protection of privacy and its executive orders, and Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, applicable from 25 May 2018 (hereinafter the “General Data Protection Regulation“), or within the limits permitted by the legislation in force, for example by ensuring the protection of data by appropriate contractual provisions.
11. PAYMENT SERVICE
11.1 The payment services integrated into the Website are provided by STRIPE at www.stripe.com and by PAYPAL at www.paypal.com
11.2 The relationship between the User and STRIPE or PAYPAL is governed by the respective Privacy Policy available at the following address:
11.3 When making a payment through EUROCROWD, the User declares that he/she has read, understood and accepted the respective STRIPE or PAYPAL privacy policy.
12. DIRECT MARKETING
12.1 The personal data may be used by EUROCROWD or its affiliates for direct marketing purposes for similar services than those to which the User has already subscribed.
12.2 The User retains the right to object to such use at any time, upon request and free of charge. The User may simply communicate his request by writing to the following address: privacy@eurocrowd.org
13. NOTE CONCERNING MINORS
Persons under the age of 13 and persons who do not have full legal capacity are not permitted to use the Website. EUROCROWD asks them not to provide their personal data.
14. UPDATES AND CHANGES TO THE POLICY
By informing Users through the Website, EUROCROWD may modify and adapt the Policy, in particular, to comply with any new legislation and/or regulations applicable (such as the General Data Protection Regulation applicable from 25 May 2018), the recommendations of the Belgian Privacy Commission, the guidelines, recommendations and best practices of the European Data Protection Board and the decisions of the courts and tribunals on this issue.
15. VALIDITY OF THE CONTRACTUAL CLAUSES
3.15.1 Failure by EUROCROWD to invoke – at any given time – a provision of this Policy, may not be interpreted as a waiver to subsequently make use of its rights under the said provision.
15.2 The invalidity, expiration or the unenforceable nature of all or part of one of the above or below mentioned provisions shall not give rise to the invalidity of all the Policy. Any fully or partially invalid, lapsed or unenforceable provision shall be deemed not to have been written. EUROCROWD undertakes to substitute this provision with another which, to the extent possible, fulfills the same objective.
16. APPLICABLE LAW AND COMPETENT COURT
16.1 The validity, interpretation and/or implementation of the Policy are subject to Belgian law, to the extent permitted by the provisions of applicable private international law.
16.2 In the event of a dispute relating to the validity, interpretation or implementation of the Policy, the courts and tribunals of Brussels have exclusive jurisdiction, to the extent permitted by the provisions of applicable private international law.