I. Essential definitions
- Gaininvestors – an internet-based classifieds service available at the Internet domain www.gaininvestors.com, being a classifieds platform allowing for the posting of classifieds in search of investors, contractors, or other types investment opportunities.
- User – a natural person over 18 years of age, having full capacity to perform legal acts, a legal person or an organizational unit without legal personality, but capable of acquiring rights and incurring obligations on its own behalf.
- Advertisement/Ad – a webpage made available to the User, containing data posted by the User in the form of an announcement about the search for an Investor, partner, business partner, sale of a company.
- Administrator – Legally registered in the U.K. as Polinvesta LTD C220D Trident Business, 89 Bickersteth Road, London SW 17 9SH United Kingdom, under Registry Number 10958133
- Terms & Conditions – information contained herein.
II. General Terms & Conditions
- The Terms & Conditions set out the rules for the use of the GAININVESTORS service, the rights and obligations of the User, as well as the rights, obligations and responsibilities of the Administrator.
- At the moment of acceptance of the Terms & Conditions, the User certifies that they have become familiar with the contents contained in said Terms & Conditions. The User also certifies that they will abide by the conditions set here forth.
- In order to assure for the proper and uninterrupted functionality of Gaininvestor’s site, the following technological requirements should be met:
- A stable internet connection allowing for data transmission,
- An internet browser: a program allowing for the User to browse information available online. Turning off the acceptance of Cookies or Java scripts may interfere with the proper functioning of the website.
- An active e-mail account.
- In order to receive and open electronic correspondence and attachments, the User will need:
- In terms of e-mails: an active e-mail account
- In terms of attachments: computer programs allowing reading files of various types, such as .pdf, .doc, .docx, .txt, .jpg, etc.
- The Administrator is not responsible for providing technological equipment or programming mentioned in sections 3 or 4.
- Usage of internet services requiring data transmission over a public internet connection carries a risk of unwanted third-party interference for data being transferred between the Administrator and the User.
- The User is forbidden from sending or distributing information that is deemed to be unlawful.
III. General Conditions of Use
- Using a device communicating with the Internet equipped with an Internet browser is a condition for using all the services provided by the Website.
- The user is obliged to provide only truthful and valid data.
- The Administrator shall not charge fees (commission remuneration) in the event of concluding agreements between Users
- The agreement to enter, and completion of, any transaction(s) between Users, as well as any financial payments arising from such transactions, is solely at the discretion and responsibility of the Users. The administrator takes no legal liability for said transactions.
IV. Publication of advertisements for persons seeking funding
- Placing ads for persons seeking financing on the portal is subject to the applicable price list.
- In order to place an advertisement, it is necessary to create an individual account, which requires the completion of a form available on the website.
- Placement of an announcement requires acceptance of the Terms & Conditions as well as completion of the appropriate form by the User.
- The User, when uploading an ad, is obliged to comply with the questions contained in the form.
- There is no restriction on the number of advertisements uploaded by one User.
- Each ad shall be manually moderated and verified to ensure the highest quality. The verification team shall assess compliance of the announcement with the subject matter and rules of the service. A correctly created and completed announcement is published within 72 hours. In the case of non-acceptance, the bidder shall be notified via e-mail about the reason for rejection of the announcement.
- Following any changes to an advertisement, it shall be subject to another verification process. Due to the high care for the quality of published offers, each modification is manually verified for compliance with the regulations and ethics of the service. If the introduced modifications are accepted – the announcement is displayed in the next 48 hours. In case of lack of answer – please contact us via e-mail: firstname.lastname@example.org.
- Display of offers is free of charge for each user.
- It is prohibited to publish advertisements which:
- Are misleading
- Are not consistent with the facts of the offer;
- Contain content and pictures generally considered offensive, vulgar;
- Contain pictures of nudity etc.;
- Violate the dignity of third parties;
- Include addresses, names and advertisements of websites and web services;
- Include content or personal data that is intended to violate the personal interests of third parties in any way;
- Constitute acts of unfair competition;
- Infringe applicable provisions of law or third-party rights.
V. Contact the advertiser
In order to gain access to complete contact details of the User who places the advertisement, it is necessary to register, set up an individual account, which requires filling in the form available on the website, accepting the Terms and Conditions, filling in the appropriate form by the User and making the payment.
- The right to access the data referred to in point 2 lasts for 30 days from the conclusion of the contract.
VI. Liability principles
- The User bears full responsibility for the published content, including photos, and is obliged not to infringe the applicable law, the Terms of Service, third party rights, the Administrator’s rights, rules of social coexistence and good manners.
- The Administrator shall not be liable for behavior and actions taken by the Users within the Service.
- The Administrator shall not control the credibility of persons using the GAININVESTORS service, in particular for providing incomplete, incorrect or false data and the incompatibility of the ad data with the actual state of affairs.
- The Administrator shall have the right to inspect the ad and suspend its publication in the case of suspicion of the legitimacy of the origin of the goods or suspicion, as well as when the ad may violate the Rules or applicable laws.
- The Administrator shall not be liable for the quality, condition, origin or legality of the offers, the truthfulness and reliability of the information provided by the User, as well as the Users ability to complete the transaction.
- The Administrator shall not be liable for non-performance or improper performance of agreements related to the Ads by the parties, as well as for damages resulting from the implementation of such an agreement.
- The Administrator hereby reserves the right to remove announcements, change categories or edit published content (including photos) which:
- are contrary to these Rules and the applicable law,
- are generally considered to be offensive.
VII. Cancellation of services
- Removal of the account or advertisement by the User after the publication of the advertisement on the website does not entitle the User to request a refund.
- Removal of the account by the User who purchased paid access to the contact details of the advertisers during the service referred to in Chapter V, points 2 and 3, does not entitle the user to a refund for the unused period.
VIII. Complaints and withdrawal from the Agreement
- Complaints concerning the provision of services by the Administrator referred to in these Regulations may be filed by e-mail to Polinvesta Ltd C220D Trident Business Center, 89 Bickersteth Road London SW 17 9SH United Kingdom or to the following e-mail address: email@example.com within 14 days of the end of the emission of the Advertisement or the day on which the emission should end.
- The complaint shall include at least the data which allow the identification of the Advertisement and the identity of the person submitting the complaint, as well as the circumstances constituting the basis of the complaint and the complaint request.
- In an event when data or information provided in the complaint need to be supplemented, the Administrator, before considering the complaint, will request the User to supplement it in the indicated scope.
- A complaint, considered validly lodged, shall be examined within 14 days from the date of its receipt. If the complaint needs to be supplemented, the 14-day period for its consideration starts running from the date of its supplementation. The User shall receive information on the manner of considering the complaint by electronic correspondence, to the e-mail address assigned to the Account.
- A User, who is also a Consumer (also understood as a natural person conducting business activity that performs a legal transaction not directly related to its business or professional activity), has the right to withdraw from the contract within 14 days without giving a reason and without incurring costs, with exception of the costs specified in the Act of 24 June 2014 on consumer rights (Journal of Laws of 2014, item 827).
- The declaration of withdrawal from the contract may be submitted by the Consumer on a form, a specimen of which is attached to these Regulations. The use of this form is not mandatory, and the Customer may submit a statement of withdrawal also in another way.
- The right of withdrawal from the contract concluded off-premises or at a distance does not apply to the Consumer in relation to the contract:
- For services, in cases where the provider has provided the services after clear acceptance by the client, whereby the client was informed prior to commencement,
- Which the price or payment is dependent upon the fluctuations in the financial market, of which the provider has no influence on, and can occur within the time to resign.
- Where the product is not manufactured, manufactured to the client’s specifications, or is used to satisfy the client’s individual needs
- Where the product is perishable or carries a short expiration date
- Where the product is delivered in sealed packaging, which after the seal has been broken, cannot be resold due to hygiene or health reasons
- Where the product, after delivery, due to its nature, is tied into other products
- Where the products are alcohol- based, the price was set at the time of signing the contract, where delivery occurs after 30 days and their value is set by the fluctuations in the market.
- Where the client clearly requested that the seller visit the client as an expedited call at their location to repair or conserve; Should the seller provide other services than the client requested, or deliver parts that were not necessary to perform the repair or conservation, the client has a right to request a refund for those particular products or services beyond their request.
- Where the product in question is an audio recording or video recording or computer program delivered in sealed packaging, once the seal has been broken.
- Delivery of journals, periodicals, or other printed text with the exception of subscriptions.
- Products or services purchased through auctions.
- Real estate services, other than personal living, delivery of products, automobile rentals, gastronomy, services related to recreation, entertainment, sports, or cultural services, if the contract was signed for a particular date or services.
- Delivery of digital content, which are not stored on portable devices, if the commencement occurred after the consumer clearly accepted, the refund date has not expired and the consumer was clearly informed that he would not be entitled to such a refund.
IX. Additional Consumer Information
The consumer has a right to seek any and all available methods of dispute settlement, including civil courts and mitigation specialists.
The Administrator of your personal data is Polinvesta LTD C220D Trident Business Center, 89 Bickersteth Road London SW 17 9SH United Kingdom, Registry Number 10958133. Contact firstname.lastname@example.org with questions regarding data protection.
How we use your personal data
In order to provide services in accordance with the company profile, the Administrator processes User information through the use of various methods allowable by law.
We may collect the following Data, which includes personal Data, from you:
- First and Surname, Company Name
- Contact information, such as telephone numbers and e-mail address
- Residential/ Company Address
- Tax ID
The applicable law for the processing of data is Article 6 Section 1, Subsection. b GDPR which allows for the processing of personal data if it is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract. If the User provides a telephone number, The Administrator presumes that the User has granted consent to processing the data under Article 6 Section 1 Subsection. a whereby the data subject has given consent to the processing of his or her personal data for one or more specific purposes.
For processing refunds the Administrator processes personal data, such as:
- Name and Surname/Company Name
- E-mail Address
The applicable law for the processing of data is Article 6 Section 1, Subsection. b GDPR which allows for the processing of personal data if it is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract.
For sending out e-mails containing commercial information the Administrator process personal data, such as:
The applicable law for the processing of data is Article 6 Section 1 Subsection. f GDPR, processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party (In this particular case, the Administrators interest is to inform Users about services that may increase the quality or value of using the services provided by the Administrator.)
For creating invoices and compliance with other obligations set out by law to which the Administrator is subject to by tax law, such as storing financial records for 5 years. The Administrator processes personal data, such as:
- Name and Surname
- Company Name
- Residential/Company Address
- Tax ID
- Order Number
The applicable law for the processing of data is Article 6 Section 1 Subsection C GDPR, processing is necessary for compliance with a legal obligation to which the Administrator is subject.
For the purpose of determining, processing or defending against claims the Administrator processes personal data such as:
- Name and Surname or Company Name
- Residential/Company Address
- Personal Identification Number or Tax ID Number
- E-mail Address
- IP Address
The applicable law for the processing of data is Article 6 Section 1 Subsection. f GDPR, processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party (In this particular case, the Administrator’s interest is to possess personal data which may determine, process or defend against claims, including those of Users and third parties.)
For the purpose of archiving and maintaining evidence, the Administrator processes personal data such as:
- Name and Surname
- E-mail Address
- IP Address
For the need of protecting information which may be used as evidence in legal circumstances.
The applicable law for the processing of data is Article 6 Section 1 Subsection. f GDPR, processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party. (In this particular case, the Administrator’s interest is to be in possession of personal data that may be used as evidence related to providing services, for example in situations where a government agency may make a request.)
For the purpose of analytics, such as surveying and analyzing website traffic for website belonging to the Administrator, the Administrator processes personal data such as:
- Date and Time of Visit
- Operating System Type
- Search Engine used to Access Website
- Time Spent Browsing Website
- Subsite(s) Visited
- Subsite where contact information is entered
The applicable law for the processing of data is Article 6 Section 1 Subsection. f GDPR, processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party. (In this particular case, the Administrator’s interest is to become familiar with User website activity.)
For the purpose of using cookies on the website the Administrator processes text data. (Cookies are addressed in a separate section.)
The applicable law for the processing of data is Article 6 Section 1 Subsection a GDPR, the data subject has given consent to the processing of his or her personal data for one or more specific reasons (upon the first visit to the website a request for approving cookies will be shown.)
For the purpose of site administration, the Administrator processes personal data such as:
- IP Address
- Date and Time of Server
- Information Regarding Search Engine
- Information About Operating System
Data is stored automatically in server logs at every visit to the website belonging to the Administrator. The administration of such a website without using the server or automatic storage would be impossible.
The applicable law for the processing of data is Article 6 Section 1 Subsection. f GDPR, processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party. (In this particular case, the Administrator’s interest is website administration.)
We respect our users’ rights to remain anonymous during their visits to our website, however, we need to inform you that blocking or limiting cookies may cause problems to arise while using our website, such as: need to continuously log in at each subpage, longer page load times, limited website functionality, problems with linking to social media, etc.
XI. Right to Withdraw Consent
- In situations where data processing is based on gaining permission, the User has a right to withdraw consent at any given time.
- Should you wish to exercise your right to withdraw consent to process your data, you need to e-mail the Administrator at email@example.com
- If the User’s data was processed based on permission that we had attained, the withdrawal of such a consent does not make previous data processing a violation of your rights. Up to the termination, we have a right to process your data and the termination does not influence the legality of any processing up to that time.
XII. Providing Personal Data Requirement
- Providing any personal data is not obligatory and is only based on the User’s decision to do so freely. In certain situations, in order for the User to use all of the services on our website, the User is required to provide certain personal data.
- In order to for us to provide services to the User, the User must provide his/her name and e-mail address, without it we are unable to enter or fulfill our duties.
- In order to receive an invoice for services, tax information is required. In other words, the User must provide their name, surname, business name, address, and tax ID. Otherwise, we will be unable to provide an invoice.
- In order for us to contact you by phone in situations where such an action is warranted, the User must provide a telephone number.
- Automated Decision Making and Profiling
- We kindly inform you that we do not undertake automatic decision making, along with profiling. The content, which is sent along with the contact form, does not undergo automatic processes for credit scoring. The proposed pricing for our services is in no shape or form a result of scoring by automatic systems.
XIII. Third Parties
- Like most other businesses, we may work with third parties where sharing your personal data is required. We may share your data with lawyers, those that aid us in providing services to you, payment services providers, accounting firms, server hosts, or other contractors.
- We may also be required to share your personal data with other, public or private, third parties. We are unable to foresee the identity of these entities at this time. However, we assure our Users that every request for us to share your personal data will be carefully and thoroughly analyzed as to not share your personal data with undesirable third parties.
- Your personal data may be shared with marketing partners after gaining the appropriate permission from you.
XIV. Foreign Entities
- Like most other businesses, we utilize the popular services and technology that are offered by entities, such as Facebook, Microsoft, and Google. As these companies are headquartered beyond the European Union, they are considered foreign entities in terms of GDPR.
- GDPR provides for restrictions in the sharing of person data with foreign entities as most of the countries beyond the EU have inadequate protection of personal data for EU citizens. The administrator has the obligation to set the legal basis for sharing any personal data.
- Based on a decision made by the European Commission on July 12th, 2016, we only share data with entities found in the United States of America as well as only those that are a part of Privacy Shield. You may read more on the European Commission’s website at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_pl. Entities that have joined Privacy Shield guarantee to provide the highest security measures that are in effect in the European Union. Thus, our decision to utilize their services is fully compliant with the law.
- We will supply our Users with more information and any explanations regarding the sharing of personal data, in particular when concerns should arise.
- You are entitled to receive a copy of the personal data that is and was shared with foreign entities.
XV. Data Retention
- In accordance with the current law, we do not process your data infinitively, but for a certain period of time that is required to serve its purpose. After that time, the User’s personal data will be permanently removed and or destroyed.
- In situations where the Administrator no longer needs to process the User’s personal data but rather is required to archive it, such as is the case in situations where the Administrator is defending him/herself against claims, the Administrator protects your personal data through pseudo automatization. Pseudo automatization relies on encrypting personal data, or a group of data, and requires an additional key to open.
- We retain your data for the following lengths:
- 3 years or 6 years +1 – in terms of retaining data for entering or executing a contract.
- 6 months- in situations where personal data was gathered for an estimate to be made for services but a contract was not entered into.
- 5 years – in accordance with storing data for tax purposes.
- Up until a termination of consent has been made or achieving the processing goals, however, no longer than 5 years- in situations where consent was required.
- Up until receipt of a termination or achieving the processing goals, however, for a term no longer than 5 years- in situations where processing occurs to serve the Administrator’s interests or for marketing purposes.
- The lengths are calculated from the end of the year in which the data was first processed in order to allow for systematic removal. Individual calculation of archival would be tied with organizational and technical difficulties, as well as financial strain. Requests for removal are analyzed individually.
- The additional year regarding processing data for contracts is based upon the hypothetical situations where a User may file a grievance shortly before expiration of the term whereby the delivery may be delayed or where a date may be requested.
XVI. Rights of the data subjects
- We hereby inform you that you have the right to:
- access to your personal data;
- rectify your personal data;
- erase your personal data;
- restrict the processing of your personal data;
- oppose the processing of your personal data;
- transfer of personal data.
- We respect your rights under data protection legislation and strive to facilitate the exercise of these rights to the greatest extent possible.
- We point out that the rights listed are not absolute and that we may therefore legitimately refuse to comply with you in certain situations. However, if we refuse to comply with a request, it is only after careful consideration and only if it is necessary to refuse the request.
- With regard to the right to object, we would like to clarify that you have the right to object at any time to the processing of personal data on the basis of legitimate interests of the Personal Data Controller (these are listed in section III) in relation to your particular situation.
- Nevertheless, you must be aware that, according to the legislation, we may refuse to take the objection into account if we can demonstrate that:
- there are legitimate grounds for the processing which override your interests, rights and freedoms, or
- there are grounds for the establishment, assertion or defense of claims.
- In addition, you may at any time object to the processing of your personal data for marketing purposes. In this situation, we will cease processing for this purpose upon receipt of your objection.
You may exercise your rights by:
– sending an email directly to the Company at firstname.lastname@example.org.
XVII. The right to lodge a complaint
If you believe that your personal data is being processed in violation of applicable law, you may lodge a complaint with the President of the Office for Personal Data Protection.
For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
XVIII. Final provisions