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Terms and Conditions of Use, Privacy Statement and Cookie Policy

Last Updated: April 2025

Baraka Analytics (“Baraka Analytics” or “Portal”) is a social impact investment, network, and discovery portal supported, owned, and operated by Baraka Impact Finance LLC (“BARAKA IMPACT FINANCE” or “BARAKA”), powered by the SaaS platform (the “Artha Platform” or the “Platform”) developed [and supported] by Artha Networks, Inc. ("ANI"). BARAKA IMPACT FINANCE is an evidence-based global health impact advisory located in Geneva, Switzerland, positioned as an enabling ecosystem reliant on a scientific approach to catalyse impact from investors and social entrepreneurs working on sustainable solutions in health.

By accessing, subscribing to, contributing data to, or using Baraka Analytics and the Platform, you acknowledge that you have read, understood, accepted, and have agreed to be bound by and comply with the following important legal information contained in these Terms and Conditions of Use (“Terms”), as updated from time to time in accordance with Section 23a herein.

The Terms must be read in their entirety before accessing and using Baraka Analytics and the Platform. They constitute an agreement between BARAKA IMPACT FINANCE LLC, ANI, and the user (“User(s)”; “Investor-User(s)”; “Enterprise-User(s)”; “Third Party-User(s)”; “ESO(s)”; “You”; “Your”; collectively, “Users”) related to the tools and any of the services described on it (“Services”).

Our Privacy Statement and Cookie Policy also applies to your use of Baraka Analytics and the Artha Platform. By using Baraka Analytics and the Artha Platform, you are consenting to us processing any personal data that you provide to us or that we collect from you as a result of its use. Our Privacy Statement and Cookie Policy sets out what we do with that personal data.

Accessing Baraka Analytics and the Artha Platform indicates that you accept these Terms regardless of whether you are a registered User or not. If you do not accept these Terms, you may not and should not access it or register.

If you have any questions or need additional information, you may reach us at legal@barakaimpact.com.

Introduction

(a) BARAKA IMPACT FINANCE is an evidence-based global health impact advisory located in Geneva, Switzerland, positioned as an enabling ecosystem reliant on a scientific approach to catalyse impact from investors and social entrepreneurs working on sustainable solutions in health.
(b) BARAKA IMPACT FINANCE provides technical advisory and expertise, intelligence, impact metric assessment, measurement, and monitoring strategies, data analytics, market readiness, capacity building, materials review and revision, health solution and business modelling analysis, assessment, and profiling, technical assessment of medical diagnostic or therapeutic interventions, framework and KPI building, health market contextualization and analyses, discovery and networking services, activities and events in the areas of healthcare, global health, innovation, and sustainable finance for emerging markets in particular.
(c) Baraka Analytics is a portal curated by data scientists and global health experts providing access to an online community dedicated to building relationships between impact investors and donors, social entrepreneurs, impact opportunities, and capacity-building support organizations. It provides information on health impact ventures and innovations seeking social impact alongside the potential for financial returns, as well as tools for global stakeholders looking to accelerate change, collaboration, and meet the UN Sustainable Development Goals. Baraka Analytics seeks in priority to:

convene key players in the impact finance ecosystem;
connect regionally focused funds/investment vehicles and social entrepreneurs in the health sector that meet certain qualifications;
enable more coordinated and efficient intelligence and assessment of high impact social businesses and innovations serving the health sector in emerging and low- to- middle income markets and communities;
coordinate between stakeholders looking at the same opportunities, thereby minimizing redundancy, effort, and costs of conducting due diligence on Enterprises;
aid with the identification of partnerships and collaboration with relevant players;
assist with technical vetting of social impact criteria, plausibility, and desirability, pre-investment optimization and diligence, and post-investment impact assessment aid.

(d) Baraka Analytics is one of many investment networks that licenses a customized portal on the Artha Platform developed by ANI. ANI is solely responsible for the terms relating to the functionality of the SaaS software technology of the Artha Platform. BARAKA IMPACT FINANCE is solely responsible for the governance, administration, and content on Baraka Analytics (i.e., the Portal).
(e) The content contained on the Portal is private and invitation-only, and includes, without limitation, all information, data, Services, software applications and tools, databases, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to Users (the “Information”) The Privacy Statement, which explains how ANI and BARAKA collect and use information from Users on the Portal, is incorporated by reference in these Terms.

2. No Offer, Exclusion of Liability

(a) THE INFORMATION, MATERIALS, SOURCES, AND ANY WEBSITE HYPERLINKED TO THIS PORTAL ARE STRICTLY FOR INFORMATIONAL PURPOSES ONLY AND NOTHING ON THE PORTAL SHALL BE CONSTRUED AS CONSTITUTING AN OFFER TO PURCHASE OR SELL A FINANCIAL INSTRUMENT, PRODUCT, OR SERVICE, AS A RECOMMENDATION THEREOF, OR AS A SOLICITATION OF ANY PARTICULAR SECURITY, STRATEGY, OR INVESTMENT, OR A SOLICITATION TO CONCLUDE A TRANSACTION OR TO ENTER INTO A CONTRACT OR LEGAL RELATIONSHIP OR TO ACQUIRE ANY SECURITIES, OR ANY OTHER INDUCEMENT TO BUY OR SELL FINANCIAL INSTRUMENTS, AND DOES NOT ABSOLVE ANY USER OF ITS RESPONSIBILITY IN MAKING AN INDEPENDENT EVALUATION OF THE RISKS AND POTENTIAL REWARDS OF ANY FINANCIAL TRANSACTION AND OF OBSERVING ALL APPLICABLE LAWS AND REGULATIONS IN ITS LEGAL DOMICILE AND MARKETS OF OPERATION.
(b) The Information provided on the Portal is expressly not intended or directed at natural persons or legal entities (“Persons”) who, due to their nationality, place of residence or registered office, are not permitted access to such Information under domestic law or are subject to legislation that imposes restrictions on the dissemination of such Information. The Information MAY NOT BE TREATED AS AN OFFER OR SOLICITATION (I) IN ANY JURISDICTION WHERE SUCH AN OFFER OR SOLICITATION IS AGAINST THE LAW; (II) TO ANYONE TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER OR SOLICITATION: (III) IF THE PERSON MAKING THE OFFER OR SOLICITATION IS NOT QUALIFIED TO DO SO, THE INFORMATION ON THE PORTAL IS NOT DIRECTED AT PERSONS FOR WHOM THE INFORMATION WOULD BE UNLAWFUL OR PROHIBITED UNDER THE RELEVANT DOMESTIC LAW. Persons must inform themselves about the laws and restrictions which are applicable to them, to ensure that they are legally authorized to access the Information on the Portal, from the location from which they are trying to access it, and act accordingly, and otherwise REFRAIN FROM ACCESSING THE PORTAL. MOREOVER, NEITHER ANI NOR BARAKA IMPACT FINANCE MAKE ANY REPRESENTATION THAT THE ARTHA PLATFORM, BARAKA ANALYTICS, INFORMATION, AND SERVICES ARE OPERATED IN ACCORDANCE WITH THE LAWS OR REGULATIONS OF, OR GOVERNED BY, NATIONS OTHER THAN SWITZERLAND.
(c) All investments involve risk and entail an implicit understanding of the fact that there are multiple levels of associated risk including but not limited to country-specific risk, currency risk, entrepreneur risk, or 3rd party risk, all and any of which may result in the loss of all or most of an investment. Investments in entrepreneurial companies specifically involve high degrees of risk, and Investor-Users should be able to bear the risk of complete financial loss. The User’s choice to use and manner of utilization of the Information and knowledge gained through the Portal is each User’s individual and personal choice. NO GUIDANCE SHALL BE GIVEN, NOR SHALL ANY PERSON OR ENTITY AFFILIATED WITH ANI OR BARAKA IMPACT FINANCE (OR EITHER OF ANI OR BARAKA IMPACT FINANCE ITSELF) BE RESPONSIBLE FOR A USER’S USE OF THE INFORMATION, INVESTMENT DECISION, OR THE RESULTS OF ANY INVESTMENT.
(d) Furthermore, social, mission-driven, health innovation, and emerging and foreign market impact investments, particularly those involving foreign currencies, involve a unique and substantial level of risk that is critical to understand before engaging in any prospective relationship with such Enterprises on the Portal.
(e) The Information on the Portal may in no way be interpreted as a green light for the completion of an investment (as investor, donor, originator, or recipient, or otherwise), or for advice on the appropriate and legal structures required to execute a transaction. All Users are responsible for educating themselves and understanding the types of instruments at their disposal, relevant applicable conditions and constraints pertaining to their work. Each Investor-User is expected to ask questions, receive answers, seek, request, and obtain additional information and conduct its own legal and financial due diligence review concerning a particular investment. ANY INVESTMENT UNDERTAKEN MUST COMPLY WITH ALL LEGAL REQUIREMENTS IN EACH JURISDICTION IN WHICH IT PURCHASES, OFFERS, OR SELLS SECURITIES. NEITHER ANI NOR BARAKA IMPACT FINANCE ACCEPTS RESPONSIBILITY FOR ANY RISK, BARRIER, PROBLEM, OR DAMAGE ARISING AS A RESULT OF AN INVESTMENT.
(f) It is the responsibility of each User to determine what tax rules and policies may apply to them; NEITHER ANI NOR BARAKA IMPACT FINANCE ACCEPTS ANY RESPONSIBILITY IN ANY WAY FOR ISSUES REGARDING TAXATION.

3. No Investment Advice or Actions

(a) The Portal is a private space in which Users may be educated on aspects of social impact and health innovation and meet other Users for collaboration. The Information and Services contained or offered on the Portal shall not constitute nor be construed as financial advice, investment advice, investment management services, financial planning, custodial or securities services, or as any other service for investment or trading purposes. Users should always consult with their own financial, accounting, legal, and tax counsel and other relevant third-party service providers to independently evaluate the risks, consequences, and suitability of any action contemplated that may result from learning acquired through the Portal. Under no circumstances should any such action be taken on the sole basis of enterprise or sector knowledge presented on the Portal. The Information must always be independently reviewed and verified, and any investment documentation must be provided directly by the company (i.e., the issuer) to the Users expressing interest outside of the Portal (e.g., prospectus, memorandums, key investor information, interim and annual reports, issuers’ terms and conditions, etc.).
(b) THIS PORTAL IS NON- TRANSACTIONAL. IT IS NOT INVOLVED IN INVESTMENT ACTIONS OF ANY KIND AND USERS MAY NOT USE THE PORTAL FOR ACTUAL INVESTMENT TRANSACTIONS OF ANY KIND. BARAKA IMPACT FINANCE DOES NOT PARTICIPATE IN THE NEGOTIATION OR EXECUTION OF INVESTMENT TRANSACTIONS NOR DOES IT MANAGE OR HANDLE SECURITIES IN ANY OTHER WAY. THE INFORMATION HAS NOT BEEN REVIEWED OR APPROVED IN ANY WAY BY A SECURITIES REGULATORY AUTHORITY OR REGULATOR AND MAY OR MAY NOT BE COMPRISED OF EXEMPT OFFERINGS.
(c) Neither ANI nor BARAKA IMPACT FINANCE is a financial service provider, a venture or investment fund, an investment bank, an investment clearing house, nor is registered with FINMA, a foreign securities commission, or any self-regulatory organization. As such, they are not subject to prudential supervision, and will limit its offering to services falling within the scope of its competencies, that are in accordance with its purpose, and fall within the laws of Switzerland, and the provisions contained herein. NEITHER ANI NOR BARAKA IMPACT FINANCE, THEIR AFFILIATES, AND THEIR COLLABORATORS ARE PLACEMENT AGENTS FOR ANY SECURITIES, NEITHER OF WHICH MAKES ANY REPRESENTATION OR WARRANTY REGARDING, OR SHALL HAVE ANY RESPONSIBILITY FOR THE LEGALITY OF SUCH INVESTMENT UNDER THE SECURITIES LAWS OF SWITZERLAND, THE UNITED STATES OF AMERICA, OR ANY OTHER JURISDICTION.
(d) Neither ANI nor BARAKA IMPACT FINANCE claims to be, hold itself out to be, and is not, in its legal seat or abroad, a registered or licensed securities broker-dealer or agent of a registered or licensed securities broker-dealer, nor is it or anyone associated with it a licensed or registered securities broker-dealer, client advisor, or registered investment adviser or affiliated with one in any way. Nothing herein or on the Portal shall constitute a sale or offer to buy, sell, or recommend anything, and securities in particula

4. Pilot Testing Phase

The Portal is currently in its experimental pilot phase; some services, functionalities, and features are for preview, early access, or may be under evaluation and assessment, while others will be made available to Users progressively as funding is secured and additional technical capabilities are developed (the “Pilot Phase”). These Terms are subject to change, accordingly.

The Portal is temporarily free of charge and is intending to collect User feedback in priority. Despite anything to the contrary in the Terms, Users accept, that:

(a) they participate in the Pilot Phase in their sole discretion;
(b) the Pilot Phase may not be supported and may be changed at any time without notice;
(c) the Pilot Phase may not be as reliable, stable, or available as future versions of the Portal;
(d) the Pilot Phase of the Portal and any of its Services offered currently may not have been subjected to the same security measures, standards, and auditing to which future versions of the Portal and Services may be subjected;
(e) Users agree that BARAKA IMPACT FINANCE may contact them to obtain feedback specific to the Portal’s Pilot Phase;
(f) NEITHER ANI NOR BARAKA IMPACT FINANCE WILL HAVE ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PORTAL’S PILOT PHASE – SUBJECT TO USERS’ OWN RISK.

5. Content

(a) THE USER RELEASES ANI AND BARAKA IMPACT FINANCE FROM ALL LIABILITY FOR WHAT CONTENT THE USER MAY OR MAY NOT ACQUIRE THROUGH THE PORTAL OR ARTHA PLATFORM. NEITHER ANI NOR BARAKA IMPACT FINANCE MAKE ANY REPRESENTATIONS CONCERNING THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE PORTAL, AND IT WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE PORTAL, THE INFORMATION, OR THE SERVICES. NEITHER ANI NOR BARAKA IMPACT FINANCE REPRESENTS, WARRANTS, COVENANTS GUARANTEES, OR PROMISES ANY SPECIFIC RESULTS FROM USE OF THE ARTHA PLATFORM, PORTAL AND SERVICES.

6. Curated Information

(a) The Portal is intended to provide general Information regarding social and impactful innovations and investment opportunities undertaken by health-sector entrepreneurs who have chosen to position themselves generally (but not exclusively) in the social space. The source of these opportunities may also be the Users themselves, incubators at academic institutes of management or technology, community-based organisations, entrepreneur support organisations, and others. The Portal is a knowledge sharing, supporting, discovery, and facilitating tool. Transactions will not be conducted on the Portal.
(b) From a functional standpoint, the Portal comprises organizational profiles, a workflow management tool, a social network and contains limited marketplace functionality that enables different entities to identify opportunities for collaboration and mutual service and support, and Services thereof.
(c) BARAKA IMPACT FINANCE may undertake but is not obliged to make reasonable efforts to moderate and screen content on the Portal (at random inspection), however, neither ANI nor BARAKA IMPACT FINANCE shall be responsible for the content or outcome of any report or similar material executed or generated in connection with any project listed on the Portal.
(d) All other content generated by BARAKA IMPACT FINANCE is gathered from primary research, secondary research and data curation, the knowledge of public health and medical experts, online news sources, and with appropriate attributions. NEITHER ANI NOR BARAKA IMPACT FINANCE TAKES RESPONSIBILITY FOR THE CONTENT OF ANY COMMENTARY/POSTS/LINKS, ETC. GENERATED BY USERS ON ANY PORTION OF THE PORTAL OR PLATFORM, WHETHER IN AN OPEN OR CLOSED (PROTECTED BY PASSWORD) DOMAIN.
(e) Users are bound to protect the privacy and confidentiality of the Information (including Information relating to social businesses and projects featured on the Portal) in accordance with the confidentiality provisions herein and any complementary provisions that may be contained in separate documentation related to the onboarding and registration of Users.
(f) The opinions expressed on the Portal are those of BARAKA IMPACT FINANCE and its collaborators and are subject to change at any time, without notice. The Information is provided for informational purposes only and for the User’s exclusive use. NEITHER ANI NOR BARAKA IMPACT FINANCE PROVIDES ANY GUARANTEE REGARDING THE PORTAL’S CONTENT AND COMPLETENESS AND DOES NOT ACCEPT ANY LIABILITY FOR LOSSES WHICH MIGHT ARISE FROM MAKING USE OF THE INFORMATION.

7. Intellectual Property

(a) The User hereby agrees that all content and images on the Artha Platform and the Portal are either the property of, or used with permission by, ANI and/or BARAKA IMPACT FINANCE. The use of the content or images by any User or anyone authorized any User, is prohibited unless specifically permitted by these Terms. By providing content or data on the Portal, subject to the Privacy Policy, Users grant ANI and BARAKA IMPACT FINANCE a royalty-free, non-exclusive, worldwide license, under User’s intellectual property rights, to copy, reformat, index, modify, display, distribute such content or Information within the Portal and Platform. Neither ANI nor BARAKA IMPACT FINANCE warrant or represent that any User’s use of Information displayed on the Portal will not infringe rights of third parties not owned or affiliated with ANI or BARAKA IMPACT FINANCE.
(b) Except where specifically belonging to a third party, the content of this Portal, including the Information, materials, images, trademarks, service marks, trade names, logos, text and images, whether registered or unregistered, and any other distinctive or proprietary designations, are the exclusive intellectual property rights (“Intellectual Property”) of ANI or BARAKA IMPACT FINANCE, their affiliates, or third parties who have supplied information to them. Intellectual Property is protected by applicable laws, including but not limited to Swiss and international intellectual property laws, treaties, and conventions. Any misuse of the Intellectual Property, except as provided in these Terms, is strictly prohibited. Users are advised that each of ANI and BARAKA IMPACT FINANCE will aggressively enforce its intellectual property rights to the fullest extent of the law.
(c) The Information is protected under copyright laws: Users may not copy, reproduce, distribute, store, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may Users distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database, nor alter or remove any copyright or other notice from copies of the content on the Portal, without prior written permission from BARAKA IMPACT FINANCE. The Information and content may only be downloaded or printed for personal use. BARAKA IMPACT FINANCE, or such other registered owner, shall always be identified or be identifiable as the source.
(d) Specifically, reproduction, transmission (by electronic or any other means), modification, linking or use of the Portal, in whole or in part, for public or commercial purposes, without prior written consent from BARAKA IMPACT FINANCE, is strictly prohibited.
(e) The Portal may include links to and from third-party websites. NEITHER ANI NOR BARAKA IMPACT FINANCE TAKE ANY RESPONSIBILITY WHATSOEVER FOR SUCH THIRD-PARTY WEBSITES OR THEIR CONTENTS.
(f) Each of ANI and BARAKA IMPACT FINANCE reserve the right to take legal action in respect of any infringement of these works of authorship or any protected Information contained on the Portal, including any legal action in respect of any reproduction, copying (other than in accordance with the Terms), distribution, framing, uploading to a third party, publication, adaptation, broadcasting, public performance or other communication to the public of the works of authorship or and protected Information contained on the Portal.
(g) If a User believes its own copyright rights have been infringed on the Portal, the copyright(s) owner (“Complaining Party”) should send notification to legal@barakaimpact.com immediately. To be effective, the notification must include:

a physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
identification of the copyrights(s) claimed to have been infringed;
information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
identification of the material that is claimed to be infringing the Complaining Party's copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials;
a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
a statement that the information in the notification is accurate and, under penalty of applicable law, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed.
Each of ANI and BARAKA IMPACT FINANCE may, in it’s sole discretion, terminate the User account (defined below) of any User accused of copyright infringement or other intellectual property rights.

8. Fees

(a) BARAKA IMPACT FINANCE incurs financial, administrative, and other expenses associated with the development and operation of the Portal, research, network convening, and the provision of Services. Invited Users of the system do not however have to pay any fees at the current time, labelled Pilot Phase. We simply ask invited Investor-Users to inform the community whether they plan to make an investment based on the due diligence sourced through the Portal and to indicate the amount of such planned investment. Our mission shall continue to be knowledge-sharing and community building for the purpose of supporting greater collaboration in social impact investment, specifically for global health.
(b) We request Investor-Users to inform BARAKA IMPACT FINANCE whether they plan use Information on the Portal to contribute to an investment-based decision, understanding that no Investor-User should rely on the Information presented or obtained via the Portal.
(c) All Users engaged in the Portal understand that any contracts relating to due diligence or arising as a result of connections formed on the Portal may only be invoiced offline between the parties involved and not through any arrangements established on the Portal or Platform. At the present time, no fees are generated through usage of the Portal for any User nor are any levied by BARAKA IMPACT FINANCE for access and use of the Portal and Services.
(d) BARAKA IMPACT FINANCE does not currently levy fees during the Pilot Phase, but may levy subscription, membership, or other fees in the future. It is possible that these Terms may change over time in relation to the implementation of (a) fee structure(s) associated with Services. It reserves the right to charge fees on written notice in the future.
(f) Access to intelligence reports, and other scientific materials produced by BARAKA IMPACT FINANCE, typically located in restricted sections of the Portal, may be charged and invoiced offline.
(g) Offline advisory services, such as but not limited to technical, healthcare, public health, and impact finance advisory hired by a User in furtherance of any relationship or project shall be subject to and governed by a separate service agreement and not these Terms.
(f) Any compensation received or to be received by BARAKA IMPACT FINANCE shall be defined under a relevant covenant and in accordance with the definitions provided by the Swiss Code of Obligations (the "SCO"), in particular arts. 394 et seq. SCO.

9. Registration, User Account

(a) BARAKA IMPACT FINANCE will accept Portal registration requests contingent upon further discussions with interested or invited parties, assessments of profile and existing relationships, and a general balance and formation of the community of Users that is optimal, at its own discretion.
(b) We reserve the right to control the growth and profile of the Users (incl. invitation, registration, activation, and access). There is no entitlement for registration. BARAKA IMPACT FINANCE may decline a User at any time, without providing any reason. Moreover, under consideration of the Termination provisions herein, any party may terminate usage of the Portal, without prior notice.
(c) To use the Portal, Users must first have registered with BARAKA through forms, authentication, and confirmation process as set forth via the Portal. Users must register their information for a User-[Type] specific account. User-[Type] selection and eligibility are subject to BARAKA’S approval.
(d) To connect with any other User, both Users must consent to being connected.
(e) As part of the registration process and creation of the User Account, the User will create a username and password. The User will also provide BARAKA IMPACT FINANCE certain registration information, all of which must be accurate, complete, and kept current (“User Data”). User Data includes the basic registration information and all electronic data file, including but not limited to .doc, .pdf, .txt, .xls., .ppt, .jpg, .bmp, .wmv, .mp3. files, and content, documents, records, text, material, or any other information submitted, uploaded, shared, posted, delivered, provided, or otherwise transmitted or stored by Users in the use of the Portal and any of its Services.
(f) Users may only use the Portal in their own name and for their own account or one for which they are legally authorized to transact or advise. Users are solely responsible for all usage or activity that occurs on their User Account, including use of the account by any third party authorized by User to use its username and password, and are responsible for maintaining the confidentiality of the authentication methods used to access the User Account. The User shall notify BARAKA in a timely manner of any known or suspected unauthorized use of its account, or any known or suspected breach of security, including loss, theft, or unauthorized use or disclosure of its password.
(g) Multiple or redundant registrations by a single individual are not permitted.
(h) Users may have opportunities to connect with Users introduced by other networks on the Artha Platform, so long as they accept the terms and conditions of use required by such other investment network(s).
(i) Registration under the provision of wilfully wrong data, or copyright infringements may lead to suspension, exclusion, or termination of a User(’s) Account.
(j) Unauthorized use (See Section, Conduct, below).
(k) Users may not be politically exposed persons (PEP), as defined by the U.S. Financial Action Task Force.
(l) User Account information is governed by our Privacy Statement [hyperlink].
(m) DISCLOSURE: BARAKA IMPACT FINANCE DOES NOT HAVE ANY DIRECT OWNERSHIP INTEREST, SHAREHOLDING/STAKEHOLDING, OR ANY OTHER MONETARY, INVESTMENT, OR OTHER FINANCIAL INTEREST TO ANY OF THE USERS ON THE PORTAL. HOWEVER, BARAKA IMPACT FINANCE MAY PROVIDE DIRECT OCCASIONAL SERVICE ADVISORY SERVICES FOR A SUBSET OF USERS ON THE PORTAL AT ITS DISCRETION.

10. Access

(a) ANI and BARAKA IMPACT FINANCE reserve the right to suspend or terminate operation of the Portal, at any time, without or without notice, for the purposes of scheduled support or maintenance, unscheduled emergency support and maintenance, to update the Information, or because of other causes whether within or beyond their reasonable control.
(b) The Information may be restricted to certain Users for legal and regulatory reasons applicable to ANI, BARAKA IMPACT FINANCE, or the User as a result of their domicile, residence, nationality or any other reason. Services are not available in all jurisdictions or may be protected. FURTHERMORE, NOTHING ON THE PORTAL SHALL CONSTITUTE AN OFFER OR SOLICITATION TO BUY OR SELL ANY SERVICE TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER OR SOLICITATION IS PROHIBITED BY APPLICABLE LAW.
(c) Certain portions of the Artha Platform and the Portal may not be freely accessible and may be held in protected areas or may require passwords for access, unless in the form of a public press release issued by Users. Likewise, full User profiles and activity information will be protected and secure, visible only to User Accounts and to their chosen contacts on the Portal. A User may be asked to complete a form of registration to access certain restricted areas of the Portal or the Platform. Any restriction shall be without prejudice to any rights accrued to ANI or BARAKA IMPACT FINANCE.

11. Conduct

(a) All Users are expected to conform to the principles of transparency, trust, and integrity.
(b) Users may not transmit any chain letters or junk email to any other User or any other person. Unlawful and/or unauthorized uses of the Portal, Platform, or Services, including collecting the name, email address or any other personal or confidential information of any User or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Portal or Platform, will be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress.
(c) Although neither ANI nor BARAKA IMPACT FINANCE assume any obligation to monitor the conduct of any User on or off the Portal or Platform, it is a violation of these Terms to use the Portal, Platform, or Information in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in messages or joining collaborator teams in bad faith), (ii) contact, advertise to, solicit, or sell to any User or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, ANI and BARAKA IMPACT FINANCE reserve the right to remove content from the Platform and Portal that violates acceptable use in ANI or BARAKA IMPACT FINANCE’S discretion and restricts the number of emails or messages that a User may send to others through the Platform or Portal in any 24-hour or other period.
(d) Users shall not use the Platform, Portal, Information, or any other content to upload, post or submit content (including but not limited to, written materials or images) at any time for any purpose that in ANI’s or BARAKA IMPACT FINANCE’S opinion is unlawful, prohibited, threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, hateful or offensive on racial, ethnic, sexual or any other grounds, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law. All Users must comply with any applicable local, state, national or international statutes, rules, regulations, ordinances, decrees, laws, codes, orders, regulations or treaties when using the Platform, Portal, Information, and Services.

12. Reserved Rights

ANI and BARAKA IMPACT FINANCE reserve the right to access User Accounts as necessary in order to provide Services. Furthermore, the User agrees that we may, but are not required to:

(a) monitor the Services or User Data for violations of these Terms and for compliance with our policies;
(b) refuse, restrict access to or the availability of, or remove or disable access to the Portal, the Platform, or any portion thereof, without prior notice to the User, at any time for any reason (including upon receipt of claims or allegations from third parties or authorities relating to User Data), or for no reason at all;
(c) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; or
(d) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Services.

13. Third Party Web Tools

ANI and BARAKA IMPACT FINANCE may make use of Google Tag Manager (GTM) to include the tracking tools (a) Google Analytics and (b) Hotjar for web analysis and User experience optimization.

If the User has performed deactivation, GTM takes this deactivation into account. For more information about GTM’s privacy practices can be found at Privacy Policy – Privacy & Terms – Google and terms of use at Google Tag Manager Use Policy | Google Tag Manager – Google.

The User can find additional information on how to install the browser add-on referenced above at the following link: Google Analytics Opt-out Browser Add-on Download Page. For the cases in which personal data is transferred to the US, Google has self-certified pursuant to the EU-US Privacy Shield.

If the User does not want to be recorded by Hotjar, the User can disable it by setting the DoNotTrack header in its browser. For more information and more about Hotjar's data processing, please visit: www.hotjar.com/legal/compliance/opt-out.

14. User Representations and Warranties

Users are granted limited, revocable, nonexclusive, non-transferable access to the Information granted the Users’ continued compliance with these Terms. Users may view, download, and print the Information for their personal and internal business use, provided that all hard copies contain all copyright notices and trademark legends, and all other applicable Intellectual Property and proprietary marks and notices.

EACH USER REPRESENTS AND WARRANTS THAT:

(i) IT HAS ALL NECESSARY POWER AND AUTHORIZATION TO ACCEPT THESE TERMS, INCLUDING, IF IT IS USING THE SERVICES ON BEHALF OF A BUSINESS OR ENTITY, THE AUTHORITY TO BIND THAT BUSINESS OR ENTITY TO THESE TERMS;
(ii) THESE TERMS AND CONDITIONS ARE LEGAL, VALID, BINDING AND ENFORCEABLE AGAINST THE USER;
(iii) THE USER’S ACCEPTANCE OF THESE TERMS AND USE OF THE PLATFORM AND PORTAL WILL NOT VIOLATE ANY LAW, RULE, REGULATION, OR ANY AGREEMENT BINDING THE USER;
(iv) THE COLLECTION, USE, AND DISCLOSURE OF USER DATA THROUGH THE PLATFORM and PORTAL WILL NOT VIOLATE THIRD-PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OR ANY RIGHTS OF PRIVACY OR PUBLICITY;
(v) THE USER WILL OBSERVE ALL APPLICABLE LAWS AND THE PROVISIONS OF THESE TERMS; USER DATA FOR REGISTRATION IS ACCURATE, NON-MISLEADING AND COMPLETE;
(vi) THE USER DOES NOT USE PSEUDONYMS OR PEN NAMES;
(vii) ONLY CONTRIBUTIONS RELEVANT TO THE DUE DILIGENCE PROCESS OR TO THE PURPOSE OF PRESENTING THE ENTERPRISE ON THE PORTAL WILL BE POSTED ON THE PORTAL; AND
(viii) IT SHALL ACT IN A POLITE, COURTEOUS, AND LAW-ABIDING MANNER WHEN USING THE PORTAL AND INFORMATION.

Except where expressly provided in these Terms, the User shall:

(a) not modify, publish, transmit, distribute, display, perform, participate in the transfer or sale of, create derivative works based on, or in any way exploit, any of the copyrighted material contained on the Portal, in whole or in part, without prior written from BARAKA IMPACT FINANCE (except as expressly provided herein);
(b) not provide use of the Platform or Portal in a computer service business, network, time sharing, interactive cable television, multiple CPU or multiple or concurrent user arrangement to persons who are not individually licensed by BARAKA IMPACT FINANCE or otherwise exploit for any commercial purposes any portion of, the use of or access to the Platform, Portal, Information, or the materials or documentation provided on the Portal;
(c) not download, store, reproduce, transmit, display, distribute or take screenshots of any part of the Platform or Portal or use its Information for a database of any kind;
(d) not use the Platform, Portal or Information to construct a database of any kind;
(e) not store Information, in its entirety or in any part, in databases for access by you or any 3rd party or distribute any database services containing all or part of the Information;
(f) not use the Information in any way to modify or improve the quality of any data sold by you to any 3rd party;
(g) not use Platform or Portal or the Information in unsolicited mailing or spam material;
(h) not use the Information obtained from the Platform or Portal, including User contact, account, or User Data, for any reasons other than those permitted in these Terms;
(i) not contact Investor-Users for any reason, including storing, selling, attempting to sell, or organizing marketing endeavors toward Investor-Users other than communicating about the business model and investment in the company permitted and contemplated by the Portal;
(j) not contact investors, businesses, or business supporters for the purpose of marketing off-site account generation for any similar or competing service;
(k) not sublease, lease, sell, assign, transfer, distribute, rent, permit concurrent use of, or grant other rights of the Platform, Portal or Information, and any material and documentation provided on the Platform or Portal, to any third party;
(l) not use or attempt to use any deep-link, scraper, robot, spider, data mining, computer code or any other device, tool or program to access, acquire or monitor any part of the Platform, Portal or Information;
(m) not violate the security of the Platform or Portal or attempt to gain unauthorized access to the Platform or Portal;
(n) not upload any material to the Platform or Portal that infringes the intellectual property rights of ANI, BARAKA IMPACT FINANCE, or a third party, or any obligations of confidentiality according to these Terms;
(o) not provide on the Platform or Portal any information or use the Platform or Portal or parts thereof in any manner that infringes or violates the rights of ANI, BARAKA IMPACT FINANCE or any third party, the applicable laws or regulations;
(p) not use the Platform or Portal in any manner that is unlawful or harms ANI, BARAKA IMPACT FINANCE or Users of the Portal; and
(q) refrain from performing any action which may impair the operability of the Platform or the Portal.

The Platform and Portal may include features and functionality whereby a User may post and transmit information, images, and other materials. All such information, images, and materials, whether publicly posted or publicly or privately transmitted, are the sole responsibility of the User who originates such content. Each of ANI and BARAKA IMPACT FINANCE reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any content, and to restrict, suspend or terminate the participation of any User from the Platform, Portal and Services at any time, with or without prior notice.

15. Due Diligence

(a) The Portal presents a collaborative online and enabling environment for those registered. Standardized diligence research “modules” are at the disposal of certain Users of the Portal, and in pilot phase these have been populated by Baraka’s team. In future, these modules may be presented as optionally 'to be populated', to reflect the aggregation of the due diligence methodologies of other practitioners in the sector. These modules are inclusive of a series of questions that fulfil each of the areas of due diligence query including, but not limited to: BUSINESS OPPORTUNITY, MANAGEMENT TEAM, SOCIAL IMPACT, FINANCIAL MANAGEMENT, TARGET MARKET & HEALTH SYSTEM CONTEXT, and INNOVATION & SCIENTIFIC VETTING. Each one of these modules reflects a series of standard queries and ‘information capture’ fields under each of the topic headings. THIS FUNCTION IS NOT AVAILABLE FOR OTHERS TO POPULATE BEYOND THE BARAKA IMPACT TEAM DURING THE PILOT LAUNCH. In the future, it is expected that Users may have the ability to work together in concert to complete a due diligence report and other work on any given Enterprise listed on the Portal.
(b) Users acknowledge that the conclusions drawn by all due diligence materials (in any form) developed and posted by BARAKA IMPACT FINANCE or Users or established by a Third Party(-User) do not reflect investment recommendations of BARAKA IMPACT FINANCE. These materials, reports, and analyses are purely informational and shared by peers on the Portal in the spirit of knowledge sharing, collaboration, and efficiency.
(c) ACCORDINGLY, NEITHER ANI NOR BARAKA IMPACT FINANCE SHALL UNDER ANY CIRCUMSTANCE BE LIABLE TO ANY USER FOR ANY (FINANCIAL) LOSS INCURRED AS A RESULT OF RELIANCE ON SUCH MATERIAL.
(d) FURTHERMORE, NEITHER ANI NOR BARAKA IMPACT FINANCE IS RESPONSIBLE AND CANNOT BE HELD LIABLE FOR ANY MISUSE OF ANY CONFIDENTIAL MATERIAL PROVIDED BY ENTERPRISES, OR ANY OTHER PERSON, TO THE INVESTOR-USER IN A DUE DILIGENCE PROCESS OR POSTED BY ANY USER ON THE PORTAL.
(e) With the purpose of fostering cooperation and furthering this mission, and considering the sharing of research and due diligence documents which report upon Users’ investigations of Enterprises ("Materials") to be necessary to enable the investment or co-investment by Investor-Users in Enterprises (a "Syndication") outside of the platform, such Users agree to abide by the following terms with respect to their interactions upon due diligence:

I. Unless otherwise represented in writing by a User providing a particular set of Materials, it shall be understood by any User receiving Materials from another for the purposes of a Syndication that such Materials are provided "as is," without warranty, implied or otherwise, of accuracy, consistency or thoroughness about a given Enterprise or its investment prospects. It shall be further understood that each Investor-User shall be responsible to conduct its own due diligence independently, and that any reliance by one Investor-User upon the Materials of another shall be at such Investor-User’s own risk. No Investor-User is acting as agent or broker for the Enterprise or for each other and the sharing of information is not intended as and shall not be deemed an offer to sell or a solicitation of an offer to buy any security. Users agree that the information being shared is highly confidential and is being made available solely for review in connection with each Investor-User’s evaluation of the Enterprise. The information shall not be disclosed to any third party not affiliated with the User and may not be used or reproduced for any other purpose without the prior written consent of both the disclosing party and the Enterprise;

II. All Investor-Users acknowledge that the information, analysis, and conclusions contained in any Materials (regardless of the format of the submission, including Word documents, .pdfs, Powerpoints, Excel documents, or media of any kind) developed and/or posted by Users do not reflect recommendations from ANI or BARAKA IMPACT FINANCE. NEITHER ANI nor BARAKA IMPACT FINANCE SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY USER FOR ANY LOSS OR HARM INCURRED AS A RESULT OF RELIANCE ON SUCH MATERIAL. NEITHER ANI nor BARAKA IMPACT FINANCE IS RESPONSIBLE FOR, NOR CAN BE HELD LIABLE FOR, ANY MISUSE OF ANY CONFIDENTIAL MATERIAL PROVIDED BY USERS OR ANY OTHER PERSON TO THE INVESTOR-USER IN A DUE DILIGENCE PROCESS OR POSTED BY ANY USER ON THE PORTAL.

16. Communication

(a) Users consent to receiving from ANI and BARAKA IMPACT FINANCE all communications including notices, agreements, legally required disclosures, or other information in connection with the Platform, Portal and Services electronically. We may provide the electronic notices by posting them on the Portal and/or emailing Users about updates. The User agrees that it is responsible for understanding these documents and agrees to conduct business by electronic means.
(b) The User agrees and represents that it owns a suitable computer with Internet access, an email address, and the availability to download, save and/or print communications to retain a record of such communications. The User agrees that it is solely responsible for maintaining such equipment and services required for online access.
(c) The User agrees that any information that it transmits to the Platform or the Portal in any manner including, but not limited to, pictures, videos, questions, comments, suggestions, website addresses and links to other website/articles, etc. is non-confidential and non-proprietary and can freely be used by ANI and BARAKA IMPACT FINANCE, along with each of their Affiliates for any purpose. ANI and BARAKA IMPACT FINANCE shall be free to use any non-confidential and non-proprietary idea, concepts, know-how, techniques, etc. contained in any communication to the Portal or Platform for any purpose.
(d) Users are obligated to review the Platform and Portal periodically for changes and modifications and agree not to contest the admissibility or enforceability of the electronically stored copy of these Terms in any proceeding arising out of these Terms.
(e) The User agrees that ANI and BARAKA IMPACT FINANCE may send communications to it via mailing address, email, telephone, or facsimile number provided by it in the User Account. The User agrees to notify us of any changes of its address or contact details. ANI and BARAKA IMPACT FINANCE may also deliver information verbally. Communications shall be deemed delivered to the User when sent and not when received. The use of electronic signatures by a User to sign documents legally binds the User in the same manner as if the User had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to it in writing.
(f) Although the User consents to electronic delivery, the User may elect to deliver communications by other means and such delivery shall not affect the User’s consent. The User may revoke consent to electronic delivery of communications and elect to receive a paper version. ANI and BARAKA IMPACT FINANCE shall have a reasonable period to effect such a change and it may charge the User a reasonable fee for sending such paper copies.
(g) Neither ANI nor BARAKA IMPACT FINANCE provide any guarantee of confidentiality or privacy of any communication or information transmitted on the Platform or the Portal or any hyperlinks contained in it. It will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Portal or Platform, its equipment, transmitted over networks accessed by the Portal, or otherwise connected with the User’s use of the Platform, Portal and Services.
(h) ANI and BARAKA IMPACT FINANCE may provide notifications, including those regarding modifications to these Terms, whether such notifications are required by law or are for marketing or other business-related purposes, to the User via email, written, or hard copy notice, or through posting of such notice on the Portal, as determined by it in its sole discretion. ANI and BARAKA IMPACT FINANCE reserve the right to determine the form and means of providing notifications to Users. The User may opt out of certain means of notification as described in these Terms. ANI and BARAKA IMPACT FINANCE are not responsible for any automatic filtering the User or its network provider may apply to email notifications sent to the email address provided by the User.
(i) NEITHER ANI NOR BARAKA IMPACT FINANCE SHALL ASSUME ANY RESPONSIBILITY FOR, NOR BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT, THE USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF THE USER’S ACCESS TO, USE OF, OR BROWSING IN THE PLATFORM OR PORTAL OR THE USER’S DOWNLOADING OF INFORMATION, PARTICULARLY THE MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE PLATFORM OR PORTAL. NEITHER ANI NOR BARAKA IMPACT FINANCE CAN OR SHALL GUARANTEE THAT ANY INVESTOR-USER HAS THE ACCREDITATIONS IT HOLDS ITSELF OUT TO HAVE OR IS A QUALIFIED, ACCREDITED, PROFESSIONAL INVESTOR OR OTHER QUALIFYING ACCREDITATION, OR THAT THE INFORMATION PROVIDED ON THE PLATFORM OR PORTAL IS TRUE, CORRECT, COMPLETE, OR VIABLE.
(j) NEITHER ANI NOR BARAKA IMPACT FINANCE SHALL ASSUME ANY RESPONSIBILITY OR LIABILITY ARISING FROM INFORMATION THAT CONTAINS ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PROFANITY, DANGER OR INACCURACY WITHIN ANY LOCATIONS ON THE PLATFORM OR PORTAL. IT RESERVES THE RIGHT TO REMOVE ANY CONTENT FROM THE PLATFORM OR PORTAL OR TO RESTRICT ACCESS FOR ANY REASON WITHOUT NOTICE.

17. Service-Specific Terms

Certain Services, or portions thereof, that could be provided by BARAKA IMPACT FINANCE, may be subject to additional terms (“Service-Specific Terms”), including third-party terms and conditions, that are specific to these particular Services, set forth in such Service-Specific Terms. If a conflict arises between these Terms and any Service-Specific Terms, the Service-Specific Terms will control with respect to the applicable services or portions thereof. Use of the Services may also be subject to additional policies, guidelines, or rules we make available to Users.

18. Reference Materials

Reference to certain materials (“Reference Materials”) may be found on the Portal.

REFERENCE MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.THESE MATERIALS ARE NOT INTENDED TO (A) CONSTITUTE LEGAL ADVICE OR (B) CREATE AN ATTORNEY-CLIENT RELATIONSHIP. THE USER AGREES THAT EACH SITUATION IS HIGHLY FACT-SPECIFIC AND UNDERSTANDS IT SHOULD SEEK LEGAL ADVICE FROM A LICENSED ATTORNEY IN THE RELEVANT JURISDICTION(S).

19. Cautionary Language Regarding Forward-Looking Statements

The Information may contain estimates, data, projections, or other statements that are forward-looking in nature. Such forward-looking statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections of the Enterprises listed or showcased as effective ‘solutions’ for serving and impacting their intended markets.

NEITHER ANI NOR BARAKA IMPACT FINANCE UNDERTAKE ANY OBLIGATION TO PUBLICLY UPDATE OR REVISE ANY FORWARD-LOOKING STATEMENTS.

20. Limitation of Liability, Warranty, and Indemnification

(a) The Platform, Portal and Information including but not limited to the Services connected therewith, are provided on an “as is”, “with all faults”, and “as available” basis and the entire risk as to satisfactory quality, performance, accuracy, and efforts lies with the User. Neither ANI, BARAKA IMPACT FINANCE, nor their affiliates make any representations, warranties, undertakings, or guarantees, express or implied, under these Terms. Any and all of its representations, warranties, undertakings, or guarantees under or in connection with the Terms are excluded to the extent legally possible, including but not limited to representations, warranties, undertakings, or guarantees.
(b) To the fullest extent permitted by law, except as expressly stated in the Terms, ANI, BARAKA IMPACT FINANCE and their affiliates make no warranty of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, or non-infringement. It further makes no representation, warranty or guarantee that the Platform, Portal or any of its Services will meet a User’s requirements or expectations, that User Data will be accurate, complete, or preserved without loss, or that the Services will be timely, uninterrupted or error-free.
(c) Neither ANI nor BARAKA IMPACT FINANCE make any no representation or warranty, express or implied, with respect to any third-party data provided to the Platform or Portal, or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. It will not be liable in any way to the User or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by the Portal or "force majeure" or any other cause beyond the control of ANI or BARAKA IMPACT FINANCE.
(d) Neither ANI nor BARAKA IMPACT FINANCE will be responsible or liable in any manner for any User Data, third-party services, third-party materials, any content uploaded to the Platform or Portal by any third party, or services it does not provide (including for any delays, interruptions, transmission errors, security failures, and other problems caused by these items). The User is responsible for using the Platform and Portal in accordance with the Terms set forth herein and backing up any data.
(e) Neither ANI nor BARAKA IMPACT FINANCE make any warranty that access to the Platform or Portal will be uninterrupted or error-free, that defects will be corrected, or that viruses or other harmful components will not be transmitted in connection with your use of the site.
(f) ANI and BARAKA IMPACT FINANCE disclaim all liability for any direct or indirect damages and/or costs that may arise from the use of (whether such use if proper or improper), or access to, its Platform or Portal (or the inability to access such).
(g) Neither ANI nor BARAKA IMPACT FINANCE can guarantee the confidentiality of any communications made by a User through the Platform or Portal. Although it generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform or Portal, the User acknowledges and agrees that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with the User’s use of the Platform or Portal.
(h) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Platform, Portal or Information and any and all Services, whether for breach of contract, tortious behaviour (including, without limitation, strict liability), negligence, or under any other cause of action, to the fullest extent permissible by law.
(i) As there may be errors and deficiencies in the Information, ANI and BARAKA IMPACT FINANCE strongly suggest that the User seek legal advice prior to any potential transaction. The Portal does not, and in no way constitutes or implies the endorsement, recommendation, or appropriateness of a deal or opportunity.
(j) ANI and BARAKA IMPACT FINANCE provides information on the Portal including, but not limited to, its Information as a resource for Users but does not procure business advice, tax advice, or legal advice to the User, its affiliates, or anyone else.
(k) To the fullest extent permitted by law, and except for ANI’s and BARAKA IMPACT FINANCE’s or the User’s indemnification obligations, under no circumstances and under no legal theory shall Users, their affiliates or any third party hold ANI or BARAKA IMPACT FINANCE or any of their affiliates, nor their respective officers, directors, agents, or employees accountable under the Terms for:

i. any indirect, special, incidental, consequential, exemplary, or punitive damages;

ii. any loss, damage, cost or expense relating to the adequacy, accuracy or completeness of the Enterprise information accessible on the Portal or the use of that information, and the User specifically acknowledges that neither ANI nor BARAKA IMPACT FINANCE is liable for the defamatory, offensive or illegal conduct of other users, contributors or third parties over which it has no control;

iii. the loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose; or

iv. any direct damages, costs, losses, expenses, or liabilities in excess of any fees actually paid to it by the User during the twelve (12) months preceding the event giving rise to the User’s claim; if no fees or subscription fees apply, such as in the case of the Pilot Phase, liability will not exceed, in aggregate, one hundred (CHF 100) Swiss francs.
(l) Each party acknowledges and agrees that this Section is a reasonable allocation of risk between the parties, that the parties have relied on these limitations in determining whether to enter into these Terms, and that this Section will survive and apply to any claims arising out of or related to these Terms regardless of the applicable theory of liability, even if any limited remedy in these Terms is found to have failed of its essential purpose.

(m) The User shall defend, indemnify, and hold harmless ANI and BARAKA IMPACT FINANCE and all of their respective officers, directors, affiliates, partners, employees, agents, successors and assigns from and against any cause of action, liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses (including, but not limited to, reasonable legal and accounting fees) claimed against them by third parties relating to:

i. the User’s failure to perform its obligations under these Terms

ii. the User’s breach of any warranties, conditions, representations, or obligations under these Terms or any documents referenced herein;

iii. the User’s violation of any applicable law (including privacy laws) or the rights of a third party (including, without limitation, privacy or intellectual property rights); or

iv. any misrepresentations made to other Users on the Portal or Platform.

(n) ANI and BARAKA IMPACT FINANCE reserve the right to assume, at their sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and the User agrees to fully cooperate with ANI and BARAKA IMPACT FINANCE in the defense of any such claim, action, settlement or compromise negotiations, as requested by ANI or BARAKA IMPACT FINANCE.

Nothing in these Terms shall exclude or in any way limit ANI or BARAKA IMPACT FINANCE’S liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of applicable law and insurance.

21. Termination

These Terms will continue in force until terminated by either party. Either party may terminate these Terms at any time, with immediate effect, without prior notice to the other Party. The User may terminate these Terms at any time by sending a cancellation request to: legal@barakaimpact.com.

The change will be processed within thirty (30) days and the User Account will be deleted.

Any termination or restriction shall be without prejudice to any rights accrued to ANI or BARAKA IMPACT FINANCE up to the date of termination.

22. Confidentiality

(a) "Confidential Information," as used in these Terms, means any written, machine-reproducible and/or visual materials, whether labelled as proprietary, confidential, or with words of similar meaning or not, and all information that is orally or visually disclosed, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. BARAKA IMPACT FINANCE’S Confidential Information includes, without limitation, the usage data, including the content therein, including any software whether in source or executable code, Enterprise, and other “pipeline” related information and data, databases, documentation, pricing, business plans and materials, techniques, trade secrets, methods, processes, and the results of any tests of the Portal and Services during the Pilot Phase. ANI’s Confidential Information includes source code, executable code, all templates, programs, methodologies, processes, technologies and other materials developed relating to the development and maintenance of the Platform.

(b) Confidential Information shall not include information that: (a) is or becomes publicly known through no act or omission of the User; (b) was in the User’s lawful possession prior to the disclosure; (c) is rightfully disclosed to the User by a third party without restriction on disclosure; or (d) is independently developed by the User, which independent development can be shown by written evidence.

(c) Confidential Information shall be kept confidential for a period of five (5) years after termination in accordance with the Termination provisions above. This term does not apply to trade secrets which shall remain protected and kept in strictest confidence until they fall into the public domain through no fault or breach on the part of the receiving party. Each Party shall take all reasonable steps to ensure that the other’s Confidential Information is not disclosed or distributed by its employees, agents, or subcontractors in violation of the Terms. Notwithstanding the foregoing, Confidential Information may be disclosed as required by any governmental agency, provided sufficient advance notice to the other party.

23. Miscellaneous

a. Changes

ANI and BARAKA IMPACT FINANCE may change these Terms from time to time. Users can review the most current version of these Terms at any time at [hyperlink]. The revised provisions will become effective once posted or on any effective date indicated in the posting, and the User accepts the revised provisions by accessing or using the Platform, Portal or any Services after that date.

b. Assignment

The User may not assign these Terms without prior written consent from ANI and BARAKA IMPACT FINANCE.

ANI and BARAKA IMPACT FINANCE may assign or transfer these Terms, in whole or in part, without restriction. They shall each have the right to assign their respective rights or delegate any of their respective responsibilities under these Terms to an affiliate or in connection with a merger, consolidation, or re-organization or the sale of substantially all assets.

c. Beneficiaries

Except as expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

d. Notices

Notices must be sent via email, first class, airmail, or overnight courier and are deemed given when received.

e. Force Majeure

No party will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster or internet disturbance).

f. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. If for any reason a court or arbitration center, as applicable, of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, reflecting the intent of the parties as closely as possible, as well as the economic, business and other purposes of such void or unenforceable provision; other provisions of these Terms will remain in full force and effect.

Failure for ANI or BARAKA IMPACT FINANCE to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by ANI or BARAKA IMPACT FINANCE, as applicable. Except as expressly set forth in these Terms, the exercise by ANI, BARAKA IMPACT FINANCE or the User of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

g. Independence

By using the Portal and Services, the User acknowledges that the Portal acts only as an introducing community and network. No agency, partnership, joint venture, or employment is created as a result of these Terms. A party does not have any authority of any kind to bind any other party in any respect whatsoever; instead, the relationship is that of independent contractors.

h. Customer Reference

ANI and BARAKA IMPACT FINANCE reserve the right to use the User’s name and logo for marketing or promotional purposes in communications to or with existing or potential Users, and on its professional media outlets.

i. Legal Fees

ANI and BARAKA IMPACT FINANCE shall have the right to collect any expenses incurred including attorneys' fees in enforcing their respective rights under these Terms.

24. Governing Law, Place of Jurisdiction

The Terms and any legal matters in connection to them shall be governed, construed, and entered in accordance with the laws of Switzerland.

The User may have additional obligations and responsibilities to adhere to in the jurisdiction of its domicile, residency, or physical location for which it is entirely responsible. The Artha Platform, Portal and Services are intended for use only in jurisdictions where they may lawfully be offered for use.

The Convention for the International Sale of Goods will not apply.

Except as restricted by applicable law, the User hereby consents to the exclusive jurisdiction and venue of the ordinary courts of the canton of Geneva, Switzerland, which shall have jurisdiction over legal disputes arising out of or connection with the Terms and use of the Artha Platform, Portal and Service. An appeal to the Swiss Federal Court is reserved.

ANI and BARAKA IMPACT FINANCE reserve the right to bring legal proceedings at other places of jurisdiction, such as in matters involving copyright infringement and cross-border claims. In such cases, the choice of law shall be that of the court which has jurisdiction over the dispute.

In the event of any claim, controversy, or alleged dispute (“Dispute”) between the User and BARAKA IMPACT FINANCE, or User and the Artha Platform, the Parties hereby agree to attempt to amicably resolve any such Dispute in good faith at least 30 days before instituting any legal proceeding.

The Parties may mutually agree to refer a Dispute to the International Court of Arbitration of the International Chamber of Commerce to be resolved in accordance with its rules (“Rules”), which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three, the seat of the arbitration shall be Zurich, and the arbitral proceedings shall be conducted in English. The award of the arbitrators shall be final and binding on the Parties.

The User hereby waives any claim that the elected legal and arbitration seats are improper or inconvenient.

Users may only resolve Disputes with ANI and BARAKA IMPACT FINANCE on an individual basis and may not bring a claim in a class, consolidated, or representative action.

Privacy policy

Privacy Policy, Data Processing Terms, and Cookie Policy

(collectively, “Privacy Statement”)

Last Updated: November 2023

Welcome to our Privacy Statement.

Baraka Impact Finance LLC (hereinafter, “BARAKA IMPACT FINANCE”, “We”) respects your (the “User(s)”) privacy and is committed to protecting your personal data. This Privacy Statement will inform you, the User, as to how we look after your personal data when you visit our Portal (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

We will only use your personal information to manage your account and provide you with the services you have requested from us.

It is important to note that the Portal is a social network and therefore the interactions you enter into with others on our platform are not within the purview of our responsibility from a data or transaction perspective.

In order to provide you with access to the requested content, we need to store and process personal information.

Other than personally identifiable information, which is covered under our Privacy Statement, any material you transmit or post to the Portal shall be considered non-confidential and non-proprietary.

You are prohibited from posting or transmitting to or from the Portal any material which is illegal, defamatory, infringes the rights of any third party, or which may give rise to civil or criminal liability. Please refer to our Terms for additional policies and restrictions.

This Privacy Statement shall apply to the entire contents of the Portal and to any correspondence by email between BARAKA IMPACT FINANCE and the User. Certain sections or pages on the Portal may contain separate terms or notices, which are in addition to this Privacy Statement.

In the context of the joint business relationship, the User must provide such personal data as is required for establishing and performing a business relationship and fulfilling the associated contractual obligations or that BARAKA IMPACT FINANCE is legally obligated to collect. Without this data, We shall generally have to refuse to conclude registration or provide Services, or shall no longer be able to execute an existing agreement and may have to terminate it.

Nothing in this Privacy Statement shall exclude or limit any liability on BARAKA IMPACT FINANCE which cannot be excluded or limited under applicable law.

All terms not defined herein are defined in the Terms and Conditions of Use of the Portal.

Any rights not expressly granted in this Privacy Statement are reserved.

If you consent to us retaining your personal data for this purpose, please confirm by clicking “Yes”, below.

1. Introduction

BARAKA IMPACT FINANCE processes personal data that it receives from its clients in the context of the business relationship. This is the case when persons come into contact with the Portal or Services (e.g., as an interested party, an applicant or a User and particularly when parties are interested in our Services, register on our Portal, come into contact with us by email, phone or application, as well as when they use our Services as part of an active business relationship). In all these cases, We collect, store, use, transfer, or delete personal data.

To the extent necessary for the provision of Services, We also process personal data received from other companies or from other third parties (other service providers) in a permissible manner (e.g., for the execution of orders, for the performance of agreements or based on consent given by Users). Additionally, We process personal data that We have permissibly obtained from publicly accessible sources (e.g., land registers, commercial registers and registers of associations, Federal Gazette, press, media, internet) and that We are entitled to process.

In certain cases, BARAKA IMPACT FINANCE collects personal data from potential clients, users, and interested individuals.

To the extent necessary, BARAKA IMPACT FINANCE shall also collect personal data from persons who have no direct connection with it and who, for example, belong to one of the following groups of people:

Co-applicants
Legal representatives (authorised signatories)
Clients’ beneficiaries
Clients’ beneficial owners
Shareholders
Representatives of legal entities
Employees of service providers or trading partners

This Privacy Statement describes, generally, how we, in our capacity as a “controller”, a “business”, or a “responsible party” under applicable laws, handles and processes personal information. For purposes of this Privacy Statement, the terms “controller,” “processor,” and related terms shall have the meanings defined in the statute then applicable by applicable jurisdiction (e.g., GDPR, UK GDPR, Swiss nFADP).

BARAKA IMPACT FINANCE may not, in each relationship, be properly designated as a “controller.” Our technology partner and global SaaS operator Artha Networks Inc. (“ANI”) operates worldwide through partner, licensee, and affiliate companies. For the purposes of operating the BARAKA IMPACT FINANCE’s Portal on the ANI Platform, Baraka is a licensee of ANI. ANI may, as the case may be, also be a designated controller. ANI is committed to privacy, data security, and to transparency in information practices.

Both Baraka and ANI require, by means of agreement, their partners, licensees, and affiliates undertake to: (i) comply with applicable laws, regulations, and industry standards; (ii) meet a standard of care for privacy and data security which meet or exceed our own such standards (including safeguards, privacy/information policies, and applicable industry standards); (iii) pass these same privacy and data security obligations on to their own partners, subcontractors, and licensees, as may be permitted by ANI. This Privacy Statement reflects this requirement and contains additional information as it pertains to the Portal’s operations by licensee/owner BARAKA IMPACT FINANCE.

2. Primary Contact Persons

We have in place processes and strategies for data protection and a designated officer responsible for overseeing questions in relation to this Privacy Statement. If you have any questions or comments about this Privacy Statement, including any requests to exercise your legal rights, please contact us using the details set out below.

FULL ID OF LEGAL ENTITY OF BARAKA IMPACT FINANCE

Baraka Impact Finance LLC (CHE-370.277.287)

Designated contact persons

Talal AL-DUAIJ
Audrey SELIAN

Email address

legal@barakaimpact.com

Postal address

c/o MLL Meyerlustenberger Lachenal Froriep SA, Geneva Branch

65 rue du Rhône

1204 Geneva

Switzerland

FULL ID OF LEGAL ENTITY OF ARTHA NETWORKS INC. (ANI)

Artha Networks Inc. (ANI)

Contact Person

Kenneth Hynes

Email address

admin@arthanetworks.com

Postal address

33 Partridge Lane, Belmont, MA 02478, USA

In some countries, there is a legal requirement to provide a named individual and their contact details. These are:

US
- Audrey SELIAN audrey.selian@barakaimpact.com
EU/EEA/UK
- Audrey SELIAN audrey.selian@barakaimpact.com
- Talal AL-DUAIJ talduaij@barakaimpact.com
Switzerland
- Talal AL-DUAIJ talduaij@barakaimpact.com
Rest of world
- Audrey SELIAN audrey.selian@barakaimpact.com

3. Categories of Personal Information We Collect

A. Name, contact information and other identifiers:

identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers.

B. Customer records:

paper and electronic customer records containing personal information, such as name, signature, photo (and thus physical characteristics or description), address, telephone number, education, current employment, employment history.

C. Commercial Information:

including records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.

D. Usage data:

internet or other electronic network activity Information including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.

E. Geolocation data:

precise geographic location information about a particular individual or device.

We do not collect any Special Categories of Personal Data about Users (this includes details about your race or ethnicity, religious or philosophical beliefs, 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 and/or contract we have with you and you fail to provide that data when requested, we may not be able to perform as per 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.

4. Overview of Our Collection and Use of Personal Information

This overview is intended to summarize key information about our information practices, which are further explained below. While the actual information we collect and our use of such personal information varies depending upon the nature of our relationship and interactions, the table below provides a general overview of the categories of personal information we collect and the purposes for which we use such information.

A. How We Collect Personal Information

We use different methods to collect personal information from and about you including through:

Direct interactions. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by phone, email or otherwise. This includes personal data you provide when you:

apply / pre-register on our platform to set up a user profile;
apply to access on or another of our products or services;
create an account on our website;
subscribe to our service or publications;
request to be subscribed to newsletters or other updates to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.

Automated technologies or interactions. As you interact with our Portal, 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. For more detail, please read our Cookie Policy hereinafter.

Technical data from the following parties:

analytics providers, such as Google based outside Switzerland or the EU;
search information providers, such as LinkedIn based inside OR outside Switzerland or the EU.
Contact, financial and transaction data from providers of technical, payment and delivery services, such as various deal flow/social impact platforms based inside OR outside Switzerland or the EU.
Identity and contact data from publicly available sources, such as Companies House and the Electoral Register based inside Switzerland or the EU, and equivalent executive agencies or resources worldwide.
Attendee lists from industry/sector/ecosystem conferences and gatherings at which we are present.

B. How we use personal information

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 any contract we are about to enter into or have entered into 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 interest;
Where we need to comply with a legal or regulatory obligation; or
Where you have consented to such usage.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us or unsubscribing directly from such mailers.

C. Purposes for which we will use your personal data

We have set out below, in a table format, a description of ways we may use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are 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 with any questions related to the below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new User

(a) Identity

(b) Contact

Performance of an informational exchange/ contract with you

To process and deliver your order including:

(a) Manage payments, fees, and charges

(a) Identity

(b) Contact

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us, if any)

To manage our relationship with you which will include:

(a) Notifying you about changes to our Terms or Privacy Statement

(b) Asking you to leave a review, provide feedback on a User profile or take a survey

(a) Identity

(b) Contact

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how Users use our products/services)

To enable you to partake in a webinar showcase, competition or complete a survey.

(a) Identity

(b) Contact

(d) Usage / Activity

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To enable you to participate in facilitated due diligence and other workflows.

(a) Identity

(b) Contact

(d) Usage / Activity

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this Portal (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant Portal content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our Portal, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

5. Individual Rights

Please see the “Individual Rights and Choices” section below for a description of the choices we provide and the rights you have regarding your personal information. If you are a US California resident, please be sure to review the section Additional Information for US California Residents below for important information about the categories of personal information we collect and disclose and your rights under US California privacy laws.

6. Scope

This Privacy Statement describes, generally, how BARAKA IMPACT FINANCE, in our capacity as a “controller” or a “business” or a “responsible party” under applicable laws, handles and processes personal information related to:

the use of our websites and associated services that link to this Privacy Statement, including www.barakaimpact.com (the “Homepage”) and other websites [add link to Portal sign-in page] controlled by BARAKA IMPACT FINANCE (collectively, the “Portal”);
our former, current, and prospective clients;
individuals who communicate with us;
individuals who use our products and services (“Services”) and individuals whose personal information we receive in providing the Services.

Our collection, use, and disclosure and processing of personal information about individuals will vary depending upon the circumstances. This Privacy Statement is intended to describe our overall privacy and data protection practices. In some cases, different, or additional notices about our data collection and processing practices may be provided and apply to our processing of certain personal information.

A. Personal information. In this Privacy Statement, our use of the term “personal information” includes other similar terms under applicable privacy laws—such as “personal data”, and “personally identifiable information.” Under the Portal’s Terms, these are also referred to by “User Data” and “User Account” information. In general, personal information includes any information that identifies, relates to, describes, or is reasonably capable of being associated, linked, or linkable with a particular individual.

B. Not covered by this Statement

This Privacy Statement does not apply to job applicants and candidates who apply for employment with us through our Websites or to our collaborators, employees, non-employee workers whose personal information is subject to different privacy notices/statements which are provided to such individuals in the context of their employment or working relationship with BARAKA IMPACT FINANCE.

7. Controller and Responsible Entities

When providing Services to clients, we may act as a “service provider”, “processor”, or “operator” under applicable privacy and data protection laws. This means that we may receive or collect your personal information from or on behalf of our client. In this scenario, we will only process personal information on behalf of and subject to the instructions of our clients (who, from a privacy law perspective, are “controllers” or “businesses” or “responsible parties” with respect to the personal information we process on their behalf). In some cases, where we are acting as a “service provider” or “processor” or “operator,” our clients’ privacy notices/statements (and not this one) will apply to and control the processing of personal information.

Where we act in our capacity as a controller or business or responsible party with respect to personal information, for the purposes of the General Data Protection Regulation (GDPR) and other relevant applicable laws, including United States federal and state regulations, this Privacy Statement will apply, as explained below.

A. Our Websites

Websites and specific web pages linked to, or from our Websites may be subject to separate terms of use (including separate privacy notices/statements, separate cookies notices/policies, and separate cookies preference managers that you can access and review on those websites). The inclusion of a link to a third-party website does not imply endorsement of the linked site or service by BARAKA IMPACT FINANCE, ANI, or our affiliates. These third-party websites will be governed by different terms of use (including privacy notices/statements) and you are solely responsible for viewing and using each such website in accordance with the applicable terms of use. We are not responsible for how your personal information is handled by such third-party websites.

8. Cross-border Transfer

Both ANI and Baraka are global companies and the data that we collect from you may be transferred to, accessed, processed or stored in, and subject to requests from law enforcement in, jurisdictions outside of your home jurisdiction, including Switzerland, the United States of America, the European Union, and other jurisdictions, in which we or our service providers operate. In general, we store data unless otherwise requested in Switzerland, United Kingdom, or EU based servers. Some of these jurisdictions, when relevant upon client request, may not provide equivalent levels of data protection as your home jurisdiction. We have established safeguards to protect personal information that is transferred to other countries, including appropriate contractual protections. For more information on the appropriate safeguards in place, please contact us at: legal@barakaimpact.com.

9. Personal Information Collected

We collect personal information directly from individuals, automatically related to the use of the Services and Portal, and in some cases, from third parties (such as social networks, platform providers, payment processors, and operators of certain third-party services that we use). Generally, we collect your personal information on a voluntary basis. However, if you decline to provide certain personal information that is marked mandatory, you may not be able to access certain Services or we may be unable to fully respond to your inquiry.

The personal information that we collect and process will vary depending upon the circumstances. For example, the personal information we may collect through our Portal includes:

your name, postal address, email address, phone number, occupation and other contact information;
information regarding your interactions with us and related to your use of our Portal and Services;
interests you have in relation to our Services or our practice areas;
information you may voluntarily submit to us by completing any form on our Portal;
information about your usage of our Portal and Services.

A. Categories of sources of personal information

We may collect personal information directly from the User, as well as automatically related to your use of our Portal and other services, as well as from third parties. For example, we collect personal information:

from you, either directly (i.e., through information you submit to us, including via forms that you may complete and submit through our Portal) or indirectly (i.e., by observing your actions on our Portal);
from the content of surveys that you may complete;
from 'cookies' and other similar tools deployed on parts of our Portal (for further information regarding cookies used on our Portal, please see our Cookie Policy hereinafter);
from our clients in connection with us providing professional services to them;
from data analytics providers;
from government entities;
from service providers (i.e., companies who are assisting us in fulfilling our contracts and carrying out our business, such as to perform mailings or to provide customer service);
from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties.

B. Aggregate and de-identified information

We may de-identify personal information and create anonymous and aggregated data sets and reports in order to assess, improve and develop our business, products and services, prepare benchmarking reports on our industry and for other research, marketing and analytics purposes.

10. Disclosure of Personal Information

We disclose the personal information we collect as set forth in this section.

A. Purposes for Which We Disclose Personal Information

We may disclose your personal information to any BARAKA IMPACT FINANCE group company, to our data and technology partners, for the uses and purposes set out below:

to third-party service providers such as entities providing customer service, email delivery, auditing, hosting our Portal, and Platform-related services;
third parties, which may include the likes of peer impact investors who are engaged in our discovery and diligence coordination work, or other co-conveners who may wish to organized collaborative events offline or online; vetted network and event conveners, and/or the third-party service providers whose interest may be in bidding upon ‘tender offers’ from investors in search of support on a given pipeline project or other opportunity;
third parties to whom we may one day in the future 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 Statement;
third parties involved with events that you register for, to facilitate your participation in those events, support feedback collection and evaluation and for some events, to third parties who provide a central record keeping system for continuing professional development event attendance;
if we are obliged to disclose your personal information under applicable law or regulation, which may include laws outside your country of residence
in order to enforce or apply our Portal’s Terms, or to protect the rights, privacy, safety or property of BARAKA IMPACT FINANCE or ANI, our clients, affiliates or other parties;
subject to applicable laws, to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence;
in connection with the planning, due diligence and implementation of commercial transactions, including a reorganization, merger, sale of all or a portion of our assets, a joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings)—in such cases, your personal information may be transferred to the acquiring entity;
in accordance with the separate Terms that may apply to you or with your explicit consent.

We request those external service providers to implement and apply security safeguards to ensure the privacy and security of your personal information. These third parties must have agreed to confidentiality restrictions and to use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us.

B. Categories of Personal Information Disclosed

Certain privacy laws (such as the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act, 2020 (“CPRA”)) require that we disclose the categories of personal Information that we have disclosed for a business purpose as well as the categories that we have “sold” (as that term is defined under the CCPA/CPRA or other applicable laws). Please review the descriptions of the categories of personal information under the Personal Information Collected section of this Privacy Statement, for further descriptions of each category of personal information.

C. Categories of personal information disclosed for a business purpose

In general, we may disclose the following categories of personal information in support of our business purposes identified above:

Name, company name, contact information, and other identifiers;
Commercial Information;
Usage data.

We have disclosed the categories of personal information listed above to the following categories of third parties in the preceding twelve months: our internal colleagues in BARAKA IMPACT FINANCE related programs, for the purpose of sharing impact investment industry event information. Our system functionality does not share more than your name and company name and contact ‘request’ information (if you allow it to be shown) to anyone other than peer platform users and clients. We do not share information with advertising networks, other service providers, insurance companies, or government entities. It is possible we may share access to our databases to data analytics providers in the future as we refine our functionality and tools.

D. Categories of personal information sold

While we do not disclose personal information to third parties in exchange for monetary compensation from such third parties, we may disclose or make available personal information to third parties, in order to receive certain services or benefits from them, such as when we allow third party tags to collect information such as browsing history on our Portal, in order to improve and measure our ad campaigns. The CCPA/CPRA defines a “sale” as disclosing or making available to a third-party Personal Information in exchange for monetary or other valuable consideration. Pursuant to the CCPA/CPRA, the categories of Personal Information that we may “sell” as defined under the CCPA includes:

Identifiers;
Usage data.

11. Interest-based Advertising

While at present we do not, we may at some time work with third-party ad networks, analytics companies, measurement services and others (“Third-party Ad Companies”) to display advertising on our Portal and to manage our advertising on third-party sites, mobile apps, and online services. We and these Third-party Ad Companies may use cookies, pixels tags, and other tools to collect information on our Portal (and on third-party sites and services), such as browsing history, IP address, device ID, cookie and advertising IDs, and other identifiers, general location information and, with your consent, your device’s geolocation information; we and these third-party ad companies use this information to provide you more relevant ads and content and to evaluate the success of such ads and content.

You can manage your preferences regarding Third-party Ad company cookies set by this Portal, using our cookie preference manager. If you have reached this Privacy Statement from a website other than the Portal’s homepage, please go back and use the cookie preference manager on that website to set your cookie preferences.

Please see our Cookie Policy below for information about the third parties we may work with to display targeted ads on third-party sites and to measure the success of our marketing and campaigns. If you have reached this Privacy Statement from a Website other than the Portal, please go back and review the cookie notice/policy on that website to understand how cookies are used there. You may also obtain more information about targeted or “interest-based advertising” and opt-out of many ad networks at the industry websites below:

12. Security

We have implemented technical and organizational security measures to protect the personal information we collect. Despite this, the security of the transmission of information via the Internet cannot always be guaranteed and you acknowledge this in your access and use of our Portal and Services. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us at legal@barakaimpact.com.

13. Individual Rights and Choices

A. Marketing

You may opt out from receiving marketing-related communications from us on a going-forward basis by contacting us or by using the unsubscribe mechanism contained in each email. Your user profile settings will also allow you to opt-in and out of various system-generated communications emanating from the Portal administrator. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.

B. Access, amendment, and deletion.

You may request to review, make amendments, have deleted, or otherwise exercise your rights under applicable privacy laws over your personal information that we hold, subject to certain limitations under applicable law. You may submit a request to us related to your personal information:

By submitting an email request to us at legal@barakaimpact.com

We take steps in accordance with applicable legislation to keep your personal information accurate, complete, and up-to-date. If you would like to review, correct, update, suppress, or restrict the processing of your personal information or request a copy of personal information about you, you may contact us by sending us an email at legal@barakaimpact.com or by sending your request by registered postal mail to the address provided in the Contacts Details section of this Statement.

In your request, please make clear what personal information you would like to have changed, whether you would like to have your personal information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your personal information. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

To exercise your rights please contact us using the contact information below. Subject to legal and other permissible considerations, we will make reasonable efforts to honour your request promptly or inform you if we require further information to fulfill your request.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

C. Additional information for certain jurisdictions. We are committed to respecting the privacy rights of individuals under all privacy laws applicable to us. Some privacy laws require that we provide specific information about individual rights to applicable consumers, which we have set forth at the end of this Privacy Statement:

EU/EEA/UK: if you are in the European Union / European Economic Area/United Kingdom, please go to the Additional Information for Certain Jurisdictions below for details about your rights under the GDPR.
Switzerland: if you are in Switzerland, please for the Additional Information for Certain Jursidiction under Section 15(b) below for details about your rights under the nFADP.
California: if you are a California resident, you have certain rights under California privacy laws regarding your personal information as set forth below in the Additional Information for Certain Jurisdictions section below.

14. Changes to our Privacy Statement

From time to time, we may change our Privacy Statement. The effective date set forth at the top indicates the last time this Privacy Statement was revised. Checking this effective date allows you to determine whether there have been changes since the last time you reviewed the Statement. We will notify you of changes to this Privacy Statement by posting the revised Privacy Statement on our Websites.

15. Additional Information for Residents in Certain Jurisdictions

In this section, we set forth additional information as required under applicable privacy laws in certain jurisdictions.

A. European Union / European Economic Area / United Kingdom

Residents of the European Union (EU) and the European Economic Area (EEA) have the following rights, under the GDPR, regarding their personal information:

Right of access: you have the right to obtain from us confirmation as to whether or not personal information concerning you is being processed, and where that is the case, to request access to the personal information. The accessed information includes—among others—the purposes of the processing, the categories of personal information concerned, and the recipients or categories of recipients to whom the personal information have been or will be disclosed. You have the right to obtain a copy of the personal information undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
Right to rectify and complete personal information: you can request the rectification of inaccurate data and the completion of incomplete data. We will inform relevant third parties to whom we may have transferred your data about the rectification and completion if we are legally obliged to do so.
Right to erasure (right to be forgotten): You have the right to obtain from us the erasure of personal information concerning you in limited circumstances where:
- it is no longer needed for the purposes for which it was collected; or
- you have withdrawn your consent (where the data processing was based on consent); or
- following a successful right to object; or
- it has been processed unlawfully; or
- the data has to be erased in order to comply with a legal obligation to which We are subject.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for:

- compliance with a legal obligation; or
- the establishment, exercise, or defense of legal claims.
Right to restriction of processing: You have the right to obtain from us restriction of processing your personal information. In this case, the respective data will be marked and only be processed by us for certain purposes. This right can only be exercised where:
- the accuracy of your personal information is contested, to allow us to verify its accuracy; or
- the processing is unlawful, but you do not want the personal information erased; or
- it is no longer needed for the purposes for which it was collected, but you still need it to establish, exercise or defend legal claims; or
- you have exercised the right to object, and verification of overriding grounds is pending.
We can continue to use your personal information following a request for restriction, where:
- we have your consent; or
- to establish, exercise or defend legal claims; or
- to protect the rights of another natural or legal person.
Right to data portability: You have the right to receive the personal information concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another entity without hindrance from us, but in each case only where the processing is (a) based on your consent or on the performance of a contract with you, and (b) also carried out by automated means.
Right to object: You have the right to object at any time to any processing of your personal information which has our legitimate interests as its legal basis. You may exercise this right without incurring any costs. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms. The right to object does not exist, in particular, if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
Right to object to our use of your personal information for direct marketing purposes: You can request that we change the manner in which we contact you for marketing purposes. You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.
Right to withdraw consent: if you have given us your consent for the processing of your personal information, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
Right to obtain a copy of safeguards and EU Standard Contractual Clauses: you can ask to obtain a copy of, or reference to, the safeguards and any relevant EU Standard Contractual Clauses (“SCCs”) under which your personal information is transferred outside the EU/EEA. We may redact data transfer agreements/SCCs to protect commercial terms.
Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issue with us first by contacting us at legal@barakaimpact.com although you have a right to contact your supervisory authority at any time.
Automated decision-making: as a matter of principle, BARAKA IMPACT FINANCE and ANI do not use fully automated decision-making processes according to Article 22 of the GDPR to establish and implement the business relationship. If such uses are made in individual cases, Users shall be informed to this effect separately, insofar as is required by law.

B. Switzerland

Consent requirements

The FADP allows natural persons, commercial, and non-commercial entities to process personal data without a specific legal basis, or other legal bases for processing personal information such as the law or overriding public interest, unless the processing meets certain criteria.

Granular, informed, and voluntary consent is required before or at the point of data collection for:

processing of sensitive personal data; or
processing used in high-risk profiling by a private person; or
processing used for profiling by a federal body (government); or
data transfers to third countries where there is not adequate data protection.

We ensure that we are collecting and storing compliant consent on the basis of geolocation to ensure compliance based on User location.

Right to object: You have the right to object at any time to any processing of your personal information which has our legitimate interests as its legal basis. You may exercise this right without incurring any costs. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms. The right to object does not exist, in particular, if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
Right to withdraw consent: if you have given us your consent for the processing of your personal information, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

The User hereby explicitly consent to personal information and User Data being transferred to countries outside of Switzerland or the EU or the EEA (“Third Countries”), and besides the cases where it is required by law (e.g. reporting obligations under tax law), when doing so is necessary for the execution and falls within the scope of the Services provided by BARAKA IMPACT FINANCE. Where service providers in Third Countries are engaged, they are obligated to comply with the level of data protection in Europe by agreeing to the EU/Swiss standard contractual clauses in addition to written instructions.

As a rule, data shall not be transferred to a third country or an international organisation.

Where third-party service providers mentioned in this Privacy Statement are based in the USA. For the sake of completeness, we would like to point out for users who are resident or domiciled in Switzerland or the EU that there are US authority surveillance measures in place in the USA which generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland or the EU to the USA. This is done without any differentiation, limitation, or exception based on the objective pursued and without any objective criterion that would make it possible to limit the access of the US authorities to the data and their subsequent use to specific, strictly limited purposes that are capable of justifying the intrusion associated with both the access to and the use of this data. Furthermore, we point out that in the USA, data subjects from Switzerland or the EU do not have any legal remedies that allow them to obtain access to the data concerning them and to obtain their correction or deletion, and that there is no effective judicial legal protection against general access rights of US authorities. We explicitly draw the attention of data subjects to this legal and factual situation so that they can make an appropriately informed decision to consent to the use of their data.

We point out to users who are resident in Switzerland or a Member State of the EU that the USA does not have a sufficient level of data protection from the point of view of the European Union and Switzerland – among other things due to the issues mentioned in this section. Insofar as we have explained in this data protection declaration that recipients of data (such as Google) are based in the USA, we will ensure through contractual arrangements with these companies, as well as any additional appropriate guarantees required, that your data is protected with our partners to an appropriate standard.

The User hereby also explicitly consents to the transfer of their personal data from Switzerland to Third Countries with which an adequacy agreement is not in force, for all situations where such a case arises.

Notification requirements

Users shall be informed at all times prior to data collection, even if consent is not required for the intended data processing.

Organizational requirements

We take reasonable organizational and technical measures to ensure data privacy and security over physical and electronic files in both cases, i.e., where the controller is based in Switzerland (BARAKA IMPACT FINANCE) or out of the United States (ANI).

Complaint

You have the right to file a complaint at any time to the Federal Data Protection and Information Commissioner (FDPIC), the Swiss supervisory authority for data protection issues (https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/links/data-protection—switzerland.html). We would, however, appreciate the chance to deal with your concerns before you approach the FDPIC; please contact us in the first instance.

C. California Residents

In this section, we provide information for California residents as required under California privacy laws, including the CCPA/CPRA, which require that we provide California residents certain specific information about how we handle their personal information, whether collected online or offline. This section does not address or apply to our handling of:

publicly available information made lawfully available by state or federal governments;
personal information that is subject to an exemption under Section 1798.145(c) – (f) of the CCPA (such as protected health information that is subject to HIPAA or the California Medical Information Act, and non-public information subject to the Gramm-Leach Bliley Act or the California Financial Information Privacy Act);
personal information we collect about job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, directors or owners of BARAKA IMPACT FINANCE;
personal information about individuals acting for or on behalf of another company, to the extent the information relates to our transactions with such company, products or services that we receive from or provide to such company, or associated communications or transactions (except that such individuals have the right to opt-out of any sale of their personal information and to not be subject to any discrimination for exercising such right).

Categories of personal information that we collect and disclose. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table above sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect, sell, and disclose to others for a business purpose. We collect these categories of personal information from the sources described in the Personal Information We Collect section above, and for the purposes described in the Purposes for which we use Personal Information section above.

Rights of California residents. California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Do-Not-Sell: while We do not sell personal information, California residents have the right to opt-out of the sale of their personal information. Opt-out rights can be exercised by clicking the Do Not Sell My Information link in the footer of our Website Homepage. If you have reached this Privacy Statement from a website other than our Homepage, please go back and use the cookie preference manager on that website to exercise your opt-out rights to the extent they may apply on that website. We do not sell personal information about residents who We know are younger than 16 years old without opt-in consent.
Initial Notice: Weare required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.
Request to Delete: California residents have the right to request deletion of their personal information that We have collected about them and to have such personal information deleted, except where an exemption applies. We will respond to verifiable requests received from California residents as required by law. The instructions for submitting a verifiable Request to Delete are described in the “Submitting Requests” section below.
Request to Know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that We have collected, used, disclosed and sold about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that We provide them certain information about how We have handled their personal information in the prior 12 months, including the:
- categories of personal information collected;
- categories of sources of personal information;
- business and/or commercial purposes for collecting and selling their personal information;
- categories of third parties with whom We have shared their personal information;
- categories of personal information that We have sold in the preceding 12 months, and for each category identified, the categories of third parties to which We sold that particular category of information; and
- categories of personal information disclosed for a business purpose in the preceding 12 months, and for each category identified, the categories of third parties to which We disclosed that particular category of personal information.

California residents may make a Request to Know up to twice every 12 months. We will respond to verifiable requests received from California residents as required by law. The instructions for submitting a verifiable Request to Know are described in the “Submitting Requests” section below.

Right to non-discrimination: the CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents’ data.
Financial incentives: A business may offer financial incentives for the collection, sale or deletion of California residents’ personal information, where the incentive is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offered and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without their prior informed opt-in consent. We do not offer any such incentives at this time.

Submitting Requests. Do-Not-Sell (Opt-out) Requests, Requests to Know, and Requests to Delete may be submitted by contacting us at:

legal@barakaimpact.com

We will use the following process to verify Requests to Know and Requests to Delete:

We will acknowledge receipt of your Consumer Request, verify it using processes required by law, then process and respond to your request as required by law. To verify such requests, We may ask you to provide the following information:

for a request to know categories of personal information which We collect, We will verify your identity to a reasonable degree of certainty by matching at least two data points provided by you against information in our systems which are considered reasonably reliable for the purposes of verifying a consumer’s identity;
for a request to know specific pieces of personal information or for requests to delete, We will verify your identity to a high degree of certainty by matching at least three pieces of personal information provided by you to personal information maintained in our systems and also by obtaining a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request.

An authorized agent can make a request on a California residents’ behalf by providing a power of attorney valid under California law, or providing: (1) proof that the consumer authorized the agent to do so; (2) verification of their own identity with respect to a right to know categories, right to know specific pieces of personal information, or requests to delete which are outlined above; and (3) direct confirmation that the consumer provided the authorized agent permission to submit the request.

We will respond to verifiable requests received from California residents as required by law. For more information about our privacy practices, you may contact us as set forth in the Contacts section of this Privacy Statement.

Consumer Requests Received

None, shall be updated as required

16. Data Storage Period

BARAKA IMPACT FINANCE processes and stores personal data belonging to customers for as long as doing so is necessary for the fulfilment of contractual and legal obligations. It should be noted that the business relationship is a continuing obligation that is intended to last for several years. If the data is no longer required for the fulfilment of contractual or legal obligations, it is regularly deleted, unless – temporary – further processing is necessary for the following purposes:

fulfilment of statutory retention periods. These include obligations arising from the Code of Obligations, the Business Records Ordinance, the Consumer Credit Act, the Anti-Money Laundering Act, the Financial Institutions Act, the Financial Services Act and tax law. The retention and documentation periods stipulated therein range from up to ten years; or
preservation of evidence under the statute of limitations. The limitation periods may be up to 30 years, with the ordinary limitation period being ten years.

A retention period until the User revokes its consent shall apply to Users with whom an agreement is not subsequently concluded.

17. Service Mandates (Platform/Portal)

Within the scope of a standard non web-based client relationship, we process the following personal data, among others:

your name and contact information (including name, address, telephone number or email address);
information about the company, positions or titles;
identification and background information that you provide to us or that we collect from you in the course of opening the client relationship;
billing and payment information;
information which you have disclosed to us in the context of and for the purposes of the processing of the mandate or which we produce in the context of our services to you, including mandate-related communication;
all other information relating to you which you provide to us in connection with the mandate.

We collect and record this information when you interact with us, for example when you communicate with our employees. We also collect or create this information in the course of providing services to you. We may also obtain information about you from other sources, for example, by consulting publicly available sources to update your details, as part of the engagement process and also in the course of providing services to you.

We process the information in order to communicate with you, to carry out money laundering, conflict and reputation checks before opening a mandate, to be able to offer you the services or legal advice you require, to invoice you for the services and to manage the business relationship with you, including the assertion, enforcement and defence of legal claims.

The legal basis for the processing of your personal data for the above purposes lies in pre-contractual processing and the performance of a contract within the meaning of Art. 6 para. 1 lit. b GDPR, in the fulfilment of legal obligations within the meaning of Art. 6 para. 1 lit. c GDPR and, if applicable, in our legitimate interest in the targeted and efficient support of the client relationship within the meaning of Art. 6 para. 1 lit. f GDPR.

18. Events

We regularly hold events, be they physical events on specific impact finance topics, general professional networking events, and webinars, etc., for which clients, Users, and other interested parties may choose to register. As part of the registration process, We collect various information about participants. You will be informed in each case during the registration process which information about you is mandatory. We collect the following fields of information, among others:

First name
Last name
Company name
Country
Street/house number
Postcode
Place /City
Canton
Phone
E-mail address
Consent to the Terms and Privacy Policy
For events for which a fee is charged, payment information
Depending on the event, further information (e.g. regarding meal requests, etc.)

We need this information to arrange for your participation at the events and occasions in question and to organise the occasions and events. The legal basis for the processing of your personal data lies in pre-contractual processing and the implementation of a contract within the meaning of Art. 6 para. 1 lit. b GDPR.

In the context of these events, and also at events organised by other organisations, We may also receive information from you, e.g., if you provide us with your business card or network with us or our employees on LinkedIn. You provide this information to us voluntarily. We will include this information, together with other personal data referred to in this Privacy Statement, in our central electronic data processing system, where it will be used to manage our business relationship with you. The legal basis for the processing of your personal data lies in pre-contractual processing and the performance of a contract within the meaning of Art. 6 para. 1 lit. b GDPR or in our legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR for the targeted and efficient management of contacts and business relationships. You can object to this data processing by us at any time. However, We will then no longer be able to provide the services you have requested.

19. Cookie Policy

Cookies. Cookies are small text files that a website transfers to your computer or other device to store and sometimes collect information about your usage of websites, such as time spent on the websites, pages visited, language preferences, and other anonymous traffic data. You can control the way in which cookies are used by altering your browser settings. You may refuse to accept cookies (including essential cookies) by activating the setting on your browser that allows you to reject cookies. However, if you select such a setting, this may affect the functioning of our Portal. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you access or log on to our Portal.

Check information in your browser's help section for specific instructions on how to manage cookies.

Cookies are useful because they allow a website to recognize a person's device and allows registered Users to be presented with a personalized version of the Portal. Our Portal use cookies to distinguish Users from other Users, or save a User’s preferred language and country settings, and build up a demographic profile, perform a statistical analysis of the number of Users, improve the loading speed of the individual pages, and, overall, to provide, improve, protect and promote our services, and offer Users a good experience when using our Portal. We may also use them to identify you when you access the Website and to.

Cookies may be placed on your computer when you both visit and register on our Portal.

Our Portal may use first party and third-party cookies, pixel tags, plugins and other tools to gather device, usage, and browsing information when users visit our Portal or use our online services. For instance, when you visit our Portal, our server may record your IP address (and associated location information) and other information such as the type of your internet browser, your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, and the pages you view and links you click on our Portal, as well as date and time stamps associated with your activities on our Portal.

We use the information for security purposes, to facilitate navigation, to personalize and improve your experience while using the Portal, to improve and measure our advertising campaigns and to better reach users with relevant advertising both on our Portal and on third party websites. We also gather statistical information about the use of the Portal in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them. Our Cookie Policy contains further information about our use of cookies. You can manage how your preferences regarding cookies are set by this Website, using our cookie preference manager [Jussi/Ken to provide link]. If you have reached this Privacy Statement from a website other than our Portal, please go back and use the cookie preference manager on that website to set your cookie preferences for that website.

Pixel tags and other similar technologies. Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some websites to, among other things, track the actions of users of the websites (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the websites and response rates. We and our service providers also use pixel tags in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Log files. Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version and internet browser type and version. This information is gathered automatically and stored in log files.

Third-Party Analytics Tools. Our Portal may use automated devices and applications operated by third parties (e.g., Google Analytics), which use cookies and similar technologies to collect and analyze information about use of the Portal and report on activities and trends. If you have reached this Privacy Statement from a website other than our Portal, please go back and review the cookie notice/policy on that website to understand how cookies are used on that website.

Do-Not-Track signals. Please note that our Portal does not recognize or respond to any signal which your browser might transmit through the so-called 'Do Not Track' feature your browser might have. If you wish to disable cookies on our Portal, you should not rely on any 'Do Not Track' feature your browser might have. For more information about do-not-track signals, please click here.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org. Please note that this link is provided as a convenience and for informational purposes only and does not constitute an approval of any information or opinion by BARAKA IMPACT FINANCE, ANI, or any of their respective affiliates. We bear no responsibility over the accuracy, legality, or content of the external site or for that of subsequent links. Please contact the external site for answers or questions regarding its content.

For more information about the use of cookies on our Portal and your choices regarding the placement of cookies, please refer to our Cookie Policy herein. If you have reached this Privacy Statement from a website other than our Portal, please go back and review the Cookie Policy on that website to understand how cookies are used on that website.

Please note that third parties (including, for example, providers of external services like web traffic analysis services) may also use cookies, over which We have no control.

BARAKA IMPACT FINANCE may change this Cookie Policy from time to time at its sole discretion. If we do, we will post the amended Cookie Policy. In all cases, use of information we collect is subject to the Cookie Policy in force at the time such information is collected.

By using our Portal, you agree that BARAKA IMPACT FINANCE and ANI may use Cookies.

Google Tag Manager (GTM)

Google Tag Manager (GTM”) is a tag management system to manage JavaScript and HTML tags used for tracking and analytics on websites. Tags are small code elements that, among other things, are used to measure traffic and visitor behaviour: to understand the effect of online advertising and social channels; to set up remarketing and orientation towards target groups; and to test and optimize websites. GTM makes it easier for us to integrate and manage our tags. We use GTM on our website to include the following tracking tools (as in described in detail this Section 12):

Google Analytics
Hotjar

If you have performed deactivation, GTM takes this deactivation into account. For more information about GTM’s privacy practices can be found at Privacy Policy – Privacy & Terms – Google and terms of use at Google Tag Manager Use Policy | Google Tag Manager – Google

Google Analytics

Our website uses Google Analytics, a web analysis service of Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, www.google.com (“Google Analytics” or “Google”). Google Analytics employs cookies that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted to Google’s location in the US and stored there.

Google may also transfer this information to third parties where required to do so by law or where such third parties process this data on Google’s behalf. Google states that it will in never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly as noted elsewhere in this Privacy Policy. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.

Google Analytics also offers a deactivation add-on for most current browsers that provides you with more control over what data Google can collect on websites you access. The add-on tells the JavaScript (ga.js) used by Google Analytics not to transmit any information about website visits to Google Analytics. However, the browser deactivation add-on offered by Google Analytics does not prevent information from being transmitted to us or to other web analysis services we may engage.

Google Analytics also uses electronic images known as web beacons (sometimes called single pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used.

You can find additional information on how to install the browser add-on referenced above at the following link: Google Analytics Opt-out Browser Add-on Download Page.

For the cases in which personal data is transferred to the US, Google has self-certified pursuant to the EU-US Privacy Shield. EU-US Framework

Hotjar

We use Hotjar in order to better understand our users' needs and to optimize our service and users' experience. This is provided by Hotjar Ltd, Level 2, St Julians Business Center, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe.

Hotjar is a technology service that helps us better understand our users' experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don't like, etc.) and this enables us to build and maintain our service by means of user feedback. Hotjar uses cookies and other technologies to collect data on our users' behavior and their devices (in particular the IP address of the device (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. For further details, please see Hotjar's Privacy Policy.

If you do not want to be recorded by Hotjar, you can disable it by setting the DoNotTrack header in your browser. For more information and more about Hotjar's data processing, please visit: www.hotjar.com/legal/compliance/opt-out

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