PRIVACY POLICY

 

Effective as of: 01 April 2019

 

Our technology helps investors and investment consultants with their search for the best asset or fund managers and streamline their due diligence screening and monitoring processes.

Diligend respects your privacy and is committed to protecting your Personal Data. In this Privacy Policy, we provide clear information of how your data is processed when You visit the Website and/or when You use our Services.

Please use the definitions below to understand the meaning of some of the terms used in this Privacy Policy. Unless specifically defined, terms used throughout this Privacy Policy have the same meanings as those given in Diligend’s General Terms and Conditions. Please read this Privacy Policy carefully before using the Platform or submitting any information to us. If You do not agree to any part of this Privacy Policy, You shall immediately cease from accessing our Platform and using any of our Services.

Definitions:

Content” means any content submitted, generated, featured, displayed through the Platform (including but not limited to, any Personal Data, any text, correspondence, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform);

Consent” means any freely given, specific, informed and unambiguous indication of your wishes by which You, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data relating to You;

Performance of our Services” means the actions necessary for us to provide our Services;

Personal Data” means any information relating to You, as an identified person, directly or indirectly, such as your name, address, marital status, date of birth, gender, office location, position, company name, spoken languages, photos, your identification number, your location data, or factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity, your networks and connections made available to us, or obtained on your behalf and any personal information You would provide us with;

Platform” means any online tool provided, processed and/or maintained by Diligend (including, but not limited to, Diligend’s Website, all subpages and subdomains, all Content, Services, and products available at or through the Platform located at https://www.diligend.com/ or any other related domain offering access to, or facilitating the provision of, the Services);

Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Privacy Policy” means all of the privacy policies, practices and notices contained or referenced in this document (as amended from time to time) and all other Diligend rules, policies available on the Platform that may be published from time to time on the Platform.

Services” means the online and/or offline services, provided by Diligend for the provision and use of the technology that Diligend has developed for collaboration, communication between the Users, including without limitation access to Diligend’s Website, online community, communication tools, questionnaire and document management tolls;

User”, “You” and “your” collectively mean a person or company that has visited or is using the Platform and/or the Services. A User may be a Client, a Manager, or an individual appointed by a Client or Manager to use the Services on its behalf;

“Website” means www.diligend.com;

 

  1. Purpose of Personal Data Processing

1.1 When visiting the Website 

When you visit the Website, we will collect information for the following purposes:

a. analysing and understanding your behaviour on the Website;

b. performing our Services;

c. making improvements to the Website and Services;

d. enabling us to enhance, customise or modify our communications;

e. improving data security;

f. determining whether marketing campaigns are effective.

1.2 When registering and using our Services

By signing up to the Website, You will be asked to register, so we can identify You. At this stage, we receive and store any information You enter on the Website or that You provide us with in any other way. The types of Personal Data collected may include (but is not limited to) your name, address, telephone number, mobile number, e-mail address, birthday, company name, office location, title department, spoken languages, diplomas, licenses, curriculum vitae, usage information regarding your use of our Services, and browser information.

The Personal Data You provide is used for purposes such as allowing You to set up an Account and profile that can be used to interact with us and other Users on the Platform. We may also draw upon this Personal Data in order to adapt the Services to your needs and to develop new tools.

When You use the Platform, we automatically receive and record information on our server logs from your browser or mobile, including your location, IP address, cookie information, and the page You requested. We treat this data as non-Personal Data, except where we are required to do otherwise under applicable law. We only use this data in aggregate form. We may provide this information to our partners about how our customers, collectively, use our site, so that our partners may also understand how often people use the Website and the Platform.

If You fail to provide your Personal Data, we may not be able to perform the Services. In this case, we may have to cancel the Service, provided that we will notify You if this is the case at the time.

The Processing is necessary for the Performance of our Services and You give your Consent to the Processing of your Personal Data for the following specific purposes:

g. For the Performance of our Services;

h. To provide You with a confirmation regarding the Services;

i. To deal with any complaint or request You may have;

j. For any other purpose for which You provide us with your Personal Data;

k. For the administration and management of our business;

l. To perform marketing analysis and to conduct market research;

m. For our legitimate interests and your interests;

n. To comply with a legal or regulatory obligation.

 

  1. Personal Data collection

 2.1       Personal Data collection

The Website can be visited anonymously. The Website may process anonymous metadata through cookies such as the URL of the requested file, the amount of data transferred, the date and time of the request from the User, Internet browser information, operating system type, the IP address of the used device, the Internet service provider, reference links such as a User clicks on certain links. This metadata cannot be used by the Website to obtain personally identifiable information. This information is only used for general purposes, such as technical improvements, statistical and marketing analysis.

When You visit the Website, we may automatically receive some information that identifies, for each page accessed:

o. the type of browser and operating system You have used;

p. the IP (Internet Protocol) address of the device which has accessed it (example PC, tablet);

q. the date and time of your visit to the Website;

r. the pages accessed and documents downloaded;

s. your top-level domain name (for example .com, .eu, .uk, etc.);

t. the address of your server;

u. the previous website visited;

v. the average duration of page view;

w. the navigation behaviour and preferences of the User.

We use different methods to collect Personal Data from and about You, including through:

a. From the information You provide to us when You meet us (if applicable);

b. From the Content You provide to us via your Account on the Website and or the Platform;

c. When You communicate with us in writing, by telephone, fax, website registration, email or other forms of electronic communication. In this respect, we may               monitor, record and store any such communication;

d. When You complete (or we complete on your behalf) on-boarding or application or other forms;

e. When You exchange information and data with other Users;

f. From publicly available sources or from third parties, most commonly where we need to conduct background checks about You online;

g. Direct interactions. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, and email or otherwise.

This includes Personal Data You provide when You:

i. register on the Website;

ii. subscribe to our Service or publications;

iii. enter a promotion or survey;

iv. correspond with other Users;

v. enter data for installing or using any powered application and/or installing or using mobile application we may launch;

vi. correspond with us (online or offline including via email addresses and phone numbers), if You contact us;

vii. give us some feedback;

h. Automated technologies or interactions. As You interact with the Website, we may automatically collect technical data about your equipment, browsing                       actions and patterns. We collect this Personal Data by using cookies, server logs and other similar technologies. We may also receive technical data                         about You if You visit other websites employing our cookies; and

i. Third parties or publicly available sources. We may receive Personal Data about You from various third parties and public sources as set out below                            technical data from the following parties:

i. analytics providers such as Google;

ii. advertising networks/agencies and

iii. search information providers

  1. Marketing

 We may send You marketing about our Services which may be of interest to You, as well as other information in the form of alerts, newsletters and invitations to events or functions which we believe might be of interest to You or in order to update You with information (such as legal or commercial news) which we believe may be relevant to You. We may communicate this to You in a number of ways including by post, telephone, email or other digital channels. 

  1. Third Party Marketing

We will get your express opt-in consent before we share your Personal Data with any company outside Diligend for marketing purposes.

You can ask us or third parties to stop sending You marketing messages at any time by logging into the Website, or third parties websites and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to You.

  1. Cookies

You can set your browser to refuse all or some browser cookies or to alert You when websites set or access cookies. If You disable or refuse cookies, please note that some parts of the Website may become inaccessible or not function properly.

  1. Change of purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If You wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at info@diligend.com. If we need to use your Personal Data for an unrelated purpose, we will notify You and we will explain the legal basis which allows us to do so. Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. Sharing your Personal Data

Diligend may share your information with:

  • service providers we work with to deliver the Services;
  • our professional advisers where it is necessary for us to obtain their advice or assistance including lawyers, accountants, IT or public relations advisers;
  • legal and regulatory authorities, as required by applicable laws and regulations; and
  • our employees.

The details of our main service provider are as follows:

Service Provider Data collected or shared Purpose Place of processing
Amazon Web Services Account credentials, including name, address, contact details Web hosting EU and US
CRM Service Provider Name, email address, phone number, adress Marketing services, maintenance EU and US

If You are a Manager, we may share some of your Personal Data publicly            or privately such as your contact person name, photo and contact details, office location, company name and logo, and any other information that you allow us to share.

If You are a Client, we may share your name, phone number, location and email address with the applicable Managers in order to fulfil your request, as applicable.

We may release your Personal Data when we believe in good faith that release is necessary to comply with the law, including laws outside your country of residence; enforce or apply Diligend’s General Terms and Conditions and other agreements; or protect the rights, property, or safety of Diligend, our employees, our Users, or others.

We will not disclose, sell, trade, or otherwise transfer your Personal Data to any third parties without your consent or unless otherwise stated in this Privacy Policy.

This Privacy Policy does not apply to the practices of service providers and other third parties that we do not own or control, or individuals that we do not employ or manage.

  1. Sensitive Information

We will never ask You to provide us with Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning sex life or sexual orientation. If You willingly decide to provide us with such sensitive information, You understand that You make such sensitive information public. We reserve the right, however, not to implement such sensitive information on the Website and/or Platform.

Please do not post or add sensitive and other personal information that You would not want to be publicly available.

  1. Controller

We have appointed a Controller, within our team, 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 Controller using the details set out below.

Contact details

Full name of legal entity: Diligend, Inc.

Email address: info@diligend.com

  1. Request to access your Personal Data

At any time, You have the right to access your Personal Data. This enables You to receive a copy of the Personal Data we hold about You and to check that we are lawfully Processing it.

  1. Period

We retain your Personal Data for as long as your Account is in existence or necessary to fulfil the purposes for which we collect it or as needed to provide you with the Services, except if required otherwise by law. However, when You terminate your Account, we may still retain your Personal Data for a period of time. Usually, we will store your Personal Data for a period of 6 (six) years after you cease being a User of our Services, beginning at the date your Account is closed. Retention periods may be changed from time to time based on business or regulatory requirements.

  1. Personal Data of minors

Diligend does not knowingly provide Services and collect Personal Data from anyone under 16 years of age. Our Services are intended for use only by professionals who are generally 18 years of age and over. If we learn that we have collected the Personal Data of an individual under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the Personal Data as soon as possible.

  1. Third-party links

The Website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share Personal Data or non-personal data about You. We do not control these third-party websites and are not responsible for their privacy statements. We encourage You to read the Privacy Policy of every website that can be accessed through the Website.

  1. Merge of Company

If Diligend merges with, or is acquired by, another company or organisation, or sells all or a portion of its assets, your Personal Data may be disclosed to our advisers and any prospective purchaser or any prospective purchaser’s adviser, and may be among the assets transferred. However, Personal Data will always remain subject to this Privacy Policy.

  1. Right to rectification

You have the right to request the Controller to rectify any inaccurate Personal Data concerning You without undue delay.

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.

  1. Right to request restriction of processing of your Personal Data

This enables You to ask our Controller to suspend the processing of your Personal Data in the following scenarios: (a) if You want us to establish the Personal Data’s accuracy; (b) where our Processing of the Personal Data is unlawful and You do not want us to erase it and request us to suspend the Processing instead; (c) where You need us to suspend the Personal Data to establish, exercise or defend legal claims; or (d) You have objected to our Processing of your Personal Data and we need to verify whether we have overriding legitimate grounds to use it.

  1. Withdrawal of Consent

We are committed to make it as easy to withdraw as to give the Consent. You have the right to withdraw your Consent at any time. The withdrawal of Consent shall not affect the lawfulness of Processing of your Personal Data based on the Consent before its withdrawal.

If You withdraw your Consent, we may not be able to provide any more of our Services to You and we will take reasonable steps, taking into account available technology and means to delete your Account in a timely manner and to the extent possible (if applicable). We will also delete the Personal Data we have collected on You for internal use.

In the eventuality You withdraw your Consent, we are not responsible for Content that would still be hosted on third party websites.

  1. Right to be forgotten

You have the right to request the Controller to erase the Personal Data concerning You without undue delay in certain circumstances, for example if it were not acquired for, or has ceased to be necessary for, a lawful purpose. This is known as the right to be forgotten.

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. 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.

Please object to the Processing of your Personal Data immediately if You feel that such Processing impacts 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.

  1. Time limit to respond

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.

  1. Data Security

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We have put in place procedures to deal with any suspected Personal Data breach and will notify You and any applicable regulator of a breach where we are legally required to do so.

  1. Changes to the Privacy Policy and your duty to inform us of changes

We may amend this Privacy Policy from time to time, and in our sole discretion. Although we will use our best endeavors to notify You of any amendment to this Privacy Policy, we will not be required to provide You with prior notification of such amendments or changes to this Privacy Policy and your continued use of the Platform or Services shall constitute your acceptance of such amendments or changes to the Privacy Policy.

Upon any amendment or change to this Privacy Policy, we will publish the amended Privacy Policy on the dedicated link available at our Platform and/or send You an email to notify You of such amendment. Your continued use of the Platform and/or the Service after the publication date of a revised version of this Privacy Policy and/or upon our email notification constitutes your acceptance of the revised version of this Privacy Policy.

You agree and undertake to review our Privacy Policy each time you visit our Platform and/or prior to your use of any Services. If you do not agree to our Privacy Policy, as updated from time to time, you undertake to cease using our Platform and/or Services immediately.

Please note that it is substantial that the Personal Data we hold about You is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.

Please keep a copy of this document at all time and feel free to ask us any question or address us any concern You would have regarding our Privacy Policy.