Privacy Policy

Introduction

Welcome to the Firmender & Co. Capital privacy policy.

Firmender & Co. Capital respects your privacy and is committed to protecting your personal data. This privacy policy will inform you how we handle your personal data when you visit our website (regardless of where you’re based), tell you about your privacy rights, and explain how the law protects you.

Please use the Glossary at the end of this privacy policy to understand the meaning of some of the terms used.

Important information and who we are

Purpose of this privacy policy:

This privacy policy aims to give you information on how Firmender & Co. Capital collects and processes your personal data through your use of this website, including any data you may provide when you sign up for our newsletter, purchase a product or service, take part in our services program, or register as an interested investor or mentor.

This website is not intended for children, and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we collect or process personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller:

Firmender & Co. Capital LLC is the controller and responsible for your personal data (collectively referred to as “Firmender & Co. Capital,” "we," "us," or "our" in this privacy policy).

Changes to the privacy policy and your duty to inform us of changes:

We keep our privacy policy under regular review. This version was last updated on the 12th of August 2024.

The personal data we hold about you must be accurate and current. Please keep us informed if your personal data changes during your relationship.

Third-party links:

This website may include links to third-party websites, plug-ins, and applications. Clicking or enabling those links may allow third parties to collect or share your data. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Legal Disclaimer

By submitting their pitch deck and other related materials (“Pitch Deck”) to Firmender & Co. Capital LLC (“Company”), the submitting party (“Submitting Party”) agrees to the following:

Non-Confidential. Upon submitting your Pitch Deck, Company will undertake a thorough review of its contents and evaluate suitability for investment. However, Company is hereby advised that all contents of the Pitch Deck are considered non-confidential, and notwithstanding any legend or other disclaimer on or accompanying the Pitch Deck, Company and its representatives (a) do not undertake any, will be under no legal or other obligation of any kind whatsoever with respect to maintaining the confidentiality of the Pitch Deck and (b) are free to use its contents for its own business purposes. If Company elects to pursue an investment, a customary non-disclosure agreement may be entered into at that time as a condition to further confirmatory due diligence.

No Obligations. The Submitting Party also acknowledges and agrees that the submission of a Pitch Deck to the Company and any subsequent review and evaluation of its content by the Company and its Representatives does not create any obligation whatsoever to further evaluate, pursue or consummate an investment.

Acknowledgement. Submitting Party acknowledges that (a) the Company and its affiliates are engaged in multiple business operations, industries and businesses and may from time to time invest in or operate entities that develop, manufacture, assemble, market, distribute, lease, license, sell or otherwise utilize technologies, products and/or services that are similar to or competitive with those of the Submitting Party; and (b) the submission of your Pitch Deck and any subsequent review or evaluation of its content shall not prevent the Company and its affiliates from (i) engaging in or operating any business; (ii) entering into any agreement or business relationship with any third party; or (iii) evaluating or engaging in investment discussions with, or investing in, any third party, whether or not competitive with the Submitting Party.

The data we collect about you

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).

We may collect, use, store, and transfer different kinds of personal data about you, which we have grouped as follows:

Identity Data includes first name, maiden name, last name, username or similar identifier, title, company, and date of birth.
Contact Data includes billing address, delivery address, email address, and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology you use to access this website.
Profile Data includes your username and password, purchases or orders made by you, interests and preferences, feedback, and survey responses.
Usage Data includes information about how you use our website, products, and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data, such as statistical or demographic data, for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, suppose we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you. In that case, we treat the combined data as personal data that will be used per this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

If you fail to provide personal data:

Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

How is your personal data collected?

We use different methods to collect data from and about you, including through:

Direct interactions. You may give us your Identity, Contact, and Financial Data by filling in forms or corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:

apply for our services;
subscribe to our service or publications;
request marketing to be sent to you;
enter a competition, promotion, or survey; or
give us feedback or contact us

Automated technologies or interactions:

As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies and other similar technologies.

Third parties or publicly available sources:

We will receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

analytics providers, such as Google;
advertising networks, and
search information providers

Contact, Financial, and Transaction Data from technical, payment, and delivery service providers.

Identity and Contact Data from data brokers or aggregators.

Identity and Contact Data from publicly available sources.

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter or have entered with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights, do not override those interests.
Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data. However, we will get your permission before sending you third-party direct marketing communications via email or text. You can withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data:

Below, we describe all the ways we plan to use your personal data and which legal bases we rely on to do so. We have also identified our legitimate interests where appropriate.

Note that we may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we rely on to process your personal data where more than one ground has been set out in the table below.

To register you as a new customer, we will need your Identity and Contact Data. The lawful basis for processing such data is the performance of a contract with you.
To process and deliver our order, manage payments, and collect money owed to us, we will need your Identity, Contact, Financial, Transaction, marketing, and Communications Data. The lawful basis for processing such data includes the performance of a contract with you and is necessary for our legitimate interests to recover debts due to us.
To manage our relationship with you, including notifying you about changes to our terms or privacy policy or asking you to leave a review or take a survey, we will need your Identity, Contact, Profile, and Marketing and Communications Data. The lawful basis for processing such data includes the performance of a contract with you, which is necessary to comply with a legal obligation and for our legitimate interests to keep records updated and to study how customers use our products/services.
To enable you to participate in a prize draw or competition or complete a survey, we will need your Identity, Contact, Profile, Usage, and Marketing and Communications Data. The lawful basis for processing such data includes the performance of a contract with you. It is necessary for our legitimate interests to study how customers use our products/services, develop them, and grow our business.
To administer and protect our business and this website, we will need your Identity, Contact, and technical data. The lawful basis for processing such data includes necessary for our legitimate interests in running our business, providing administration and IT services, network security, and preventing fraud.
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve, we will need your Identity, Contact, Profile, Usage, Marketing and Communications, and Technical Data. The lawful basis for processing such data includes our legitimate interests to study how customers use our services, develop them, grow our business, and inform our marketing strategy.
We will need your technical and usage data to use data analytics to improve our website, services, marketing, customer relationships, and experiences. The lawful basis for processing such data includes our legitimate interests in defining types of customers for our services, keeping our website updated and relevant, developing our business, and informing our marketing strategy.
To suggest and recommend goods and services that may be of interest to you, we will need your Identity, Contact, Technical, Usage, Profile, and Marketing and Communications Data. The lawful basis for processing such data includes what is necessary for our legitimate interests to develop our services and grow our business.

Marketing:

We strive to provide you with choices regarding specific personal data uses, mainly marketing and advertising.

Promotional offers from us:

We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

If you have requested information from us or purchased goods or services from us and have not opted out of receiving marketing communications, you will receive them.

Third-party marketing:

We will obtain your express opt-in consent before sharing your personal data with any third party for marketing purposes.

Opting out:

You can ask us or third parties to stop sending you marketing messages by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us due to a product/service purchase, warranty registration, product/service experience, or other transactions.

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. That reason must be compatible with the original purpose. If you wish to explain how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis for doing 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.

Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

Third Parties as set out in the Glossary.
Specific third parties listed in the table Purposes for which we will use your personal data.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

International transfers

We share your personal data with certain Third Parties.

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide protection similar to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
Where we use certain service providers, we may use specific contract approvals, such as the European Commission, which gives personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for transferring personal data to third countries.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, accessed in an unauthorised way, altered, or disclosed. In addition, 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 are subject to a duty of confidentiality.

We have implemented 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.

Data retention

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a more extended period in case of a complaint or if we reasonably believe there is a prospect of litigation concerning our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, as well as the applicable legal, regulatory, tax, accounting, or other requirements.

Your legal rights

Under certain circumstances, you have rights under data protection laws about your personal data:

Request access to your personal data.
Request correction of your personal data.
Request the erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee is usually required:

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 unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you:

We may request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This security measure ensures that personal data is not disclosed to anyone with no right to receive it. We may also contact you to ask you for further information about your request to speed up our response.

Time limit to respond:

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

Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). By contacting us, you can obtain further information about how we assess our legitimate interests against any potential impact on you regarding specific activities.

Performance of Contract means processing your data where it is necessary to perform a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES:

Prospective investors, mentors, and program participants.
Service providers act as processors who provide IT and system administration services.
Professional advisers, including lawyers, bankers, auditors, and insurers, act as processors or joint controllers and provide consultancy, banking, legal, insurance, and accounting services.
HM Revenue & Customs, regulators, and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.

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.

Request correction of the personal data we hold about you. This enables you to have any incomplete or inaccurate data 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 without a good reason to continue 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 (see below), 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 for erasure for specific legal reasons, which will be noted 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 something about your particular situation makes you want to object to processing on this ground as you feel it 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 overrides your rights and freedoms.

Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data's accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
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.
You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to do so.

Request the transfer of your personal data to you or a third party. We will provide 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 you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent when we rely on consent to process your personal data. However, this will not affect the lawfulness of any processing before you withdraw your consent. We may not provide certain products or services if you withdraw your consent. We will advise you if this is the case when you withdraw your consent.