Baraka Analytics

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:              

 

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

(c) Financial

(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

(c) Profile

(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

(c) Profile

(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

(c) Profile

(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

(c) Technical

(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

(c) Profile

(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

(c) Technical

(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:

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.