Data Privacy Policy

For the purpose of the technical provision of the website, our system (i.e. the web server) automatically collects information from your browser each time you access the website.

The temporary storage of your IP address by our system is necessary to enable delivery of the website to your computer. For this purpose, the user's IP address must be stored for the duration of the session.

The IP address is stored in the log files in order to ensure the functionality of our website. We also use this data to optimize the website and to ensure the security of our information technology systems (e.g. attack detection).

The following information is collected:

• IP-adresse;
• Browser type / -version (e.g.: Firefox 59.0.2 (64 Bit);
• Browser language (e.g.: German);
• Operating system (e.g.: Windows 10);
• Internal resolution of the browser window;
• Screen resolution;
• Javascript activation;
• Java on / off;
• Cookies on / off;
• Color depth;
• Time of access.

Furthermore, we use cookies to provide you with certain technical functions of our website for use. Cookies are text files that are stored in the internet browser or by the internet browser when you access a website on your computer system. Some functions of our website cannot be offered without the use of cookies. We do not use the information we have collected through the above cookies to create user profiles or to evaluate your surfing behaviour.

We process your personal data for the technical provision of our website on the following legal basis:

• for the fulfilment of a contract or for the implementation of pre-contractual measures pursuant to Art. 6 para. 1 lit. b GDPR, provided you visit our website to obtain information about our products and our events; and
• to protect our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR in order to make the website technically available to you. Our legitimate interest is to offer you an appealing, technically functioning and user-friendly website.

We use the Consent Manager Finsweet Cookie Consent on our website. With the help of the Consent Manager, we obtain your consent to certain data processing that requires consent (e.g. analysis, tracking, etc.). By using the Consent Manager, we can inform you about the individual cookies and tools we use. You can use the Consent Manager to choose which cookies and tools you want to categorically allow or reject. At the end of this Privacy Policy, the Consent Manager also provides an overview of the cookies used and the option to change or withdraw your consent. This enables you to make an informed decision about the transfer of your data and allows us to use cookies and tools in a transparent and documented manner that complies with data protection regulations.

The Consent Manager processes your personal data in order to document your decision on the approval of cookies and tools and to save it for a subsequent visit to our website. This includes the corresponding cookie with your (consent) decision as well as other usage data, e.g. IP address, domain name, time of the request, server data (including data transmission types, server status, etc.), country, browser and operating system.

Further information and the Consent Manager privacy policy can be found at https://finsweet.com/legal/privacy-policy.

We process your personal data for the technical provision of our website on the basis of the following legal bases:

• for the technical provision of our website and consent management in accordance with Section 25 para. 2 no. 2 TDDDG, since the processing of the above-mentioned data is absolutely necessary so that we can enable you to use our website as you have expressly requested (i.e. with or without cookies);
• to fulfill a contract or to carry out pre-contractual measures in accordance with Art. 6 para. 1 lit. b GDPR, insofar as you visit our website to conclude a contract with us (e.g. for products or services) or to obtain information about our products or services;
• for the use of cookie management to fulfill a legal obligation to which we as the controller are subject pursuant to Art. 6 para. 1 lit. c GDPR. The legal obligation lies in informing you about the cookies we use and obtaining and documenting your consent to data processing; and
• to safeguard our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR in order to be able to provide you with technical cookie management. Our legitimate interest is to be able to provide you with an appealing, technically functioning and user-friendly cookie management system, as well as to take measures to protect cookie management against cyber risks and to prevent cookie management from posing cyber risks to third parties.

For the purpose of statistical analysis of the use of our website, we use Google Analytics and thus cookies, which enable an analysis of your browsing behavior. This enables us to improve the quality of our website and its content. We learn how the website is used and can thus continuously optimize our offer. The information obtained in the context of the statistical analysis of our website will not be merged with your other data collected in the context of the website.

We process your personal data for statistical analysis of the use of our website on the following legal basis:

• with your consent in accordance with Section 25 para. 1 TDDDG with regard to the initial storage and reading of data;
• with your consent in accordance with Art. 6 para. 1 lit. a GDPR for further data processing (e.g. provision of functionalities, analyses, tracking, optimization, etc.).

Google Analytics

On our website we use Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; „Google“). Google Analytics uses cookies. The information generated by the cookie about your use of our website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on our website, Google will shorten your IP address within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide the website operator with other services relating to website and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

On our website we use Google Analytics with the extension “_anonymizeIp()”. This arranges for IP addresses to be further processed in abridged form, a direct relation to a person can be ruled out.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that in this case you may not be able to use the full scope of functions on our website.

You can prevent the collection of data generated by the cookie and relating to your use of our website (including your IP address) and the transmission to Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

As an alternative to the browser plugin, you can click this link to prevent Google Analytics from collecting data about our website in the future. An opt-out cookie is stored on your device. If you delete your cookies, you must click the link again.

For more information on Google Analytics’ Terms of Use and Privacy Policy, please visit http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/.

Google Tag Manager

On our website, we use Google Tag Manager, which is provided by Google Inc. Google Tag Manager is a solution that allows marketers to manage website tags through a single interface. The Google Tag Manager service itself (which implements the tags) is a cookie-less domain and does not collect any personal data. The Google Tag Manager service triggers other tags, which in turn collect data under certain circumstances. If disabled at the domain or cookie level, it will remain disabled for all tracking tags implemented using Google Tag Manager.

The website contains links to the services Crunchbase, X and LinkedIn. After clicking on the link, you will be redirected to another website, i.e. only then will user information be transferred to the respective site. For information on how your data is handled when using the social media sites, please refer to the data protection information:

• Crunchbase: https://about.crunchbase.com/terms-of-service/privacy-policy/
• X: https://privacy.x.com/en
• LinkedIn: https://de.linkedin.com/legal/privacy-policy

In addition to the merely informational use of our website, you can also actively use it to present an investment opportunity to us, to register for an event, to register for our newsletter or to contact us. When presenting an investment opportunity to us, you will be asked to fill out a Typeform to provide us with information necessary to handle your inquiry. The data provided to us in this form will be only used to process your inquiry. In addition to the above-mentioned processing of your personal data for merely informational purposes, we will also process other personal data that we require from you to process and respond to your inquiry.

In order to process and answer your inquiries to us via our e-mail address, we process your personal data provided by you in this context. In any case, this includes your name and e-mail address in order to send you an answer, as well as the other information that you send us in the context of your message.

We process your personal data in order to respond to user inquiries on the following legal basis:

• to safeguard our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR; our legitimate interest lies in responding appropriately to customer inquiries;
• in accordance with Art. 6 para. 1 lit. b GDPR, if your request is aimed at con-cluding a contract;
• If the request is aimed at the assertion of your rights as a data subject, the ad-ditional legal basis is Art. 6 para. 1 lit. c GDPR, as the processing of your data is necessary for the fulfillment of legal obligations;
  

We use a data room service by Intra Links, Inc., 150 East 42nd Street, 8th Floor, New York, NY 10017 (www.intralinks.com) in order to provide you – if you are a Capnamic Limited Partner – with the option of viewing certain documents.

The access to this data room is only granted to those Limited Partners who have received a corresponding access code from us. As part of the onboarding process for the fund, each LP sets up their own account with Intralinks. Each LP then receives a separate registration email from Intralinks at the email address provided and registers using two-factor authentication. As soon as a document is uploaded to Intralinks and released to the LP, they receive a notification email from Intralinks indicating that a new document is available for download.

The following data is required for registration:

• First name, last name
• Email address
• Address
• Telephone number

We process your data for the above purposes on the following legal basis:

• for the performance of a contract or for the implementation of pre-contractual measures pursuant to Art. 6 para. 1 lit. b GDPR, to grant you access to the data room; and
• to safeguard our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR, in order to make the portal technically available to you. Our legitimate interest is to be able to provide you with an appealing, technically functioning and user-friendly portal.

With your consent, we use your data for advertising purposes, i.e. the transmission of our newsletter or event invitations. We collect mandatory information such as your e-mail address. You can cancel the newsletter at any time by clicking on the unsubscribe link provided in the newsletter.

When you register for the newsletter, you will receive an e-mail from us with a confirmation link that you can use to confirm your identity (so-called double opt-in). Your registration for the newsletter is only complete once you have confirmed it. We process your data for the dispatch of newsletters on the following legal basis:

• If you have given us your consent by double opt-in procedure, pursuant to Art. 6 para. 1 lit. a GDPR.

On our website, we offer you the opportunity to apply for the advertised positions as well as to send us an unsolicited application. You can send us your application documents via the e-mail address provided on the website or via LinkedIn and X.

If you apply to us, we process the data you provide to process your application and to carry out the application procedure. The following data may be affected:

• Title
• Academic title
• First name, last name
• Email address
• Address
• Nationality
• Gender
• Date of birth
• Telephone number
• Qualification data (e.g., career, professional activities, assessments, references, certifications, qualifications, further and advanced training)
• Information about your education (e.g., your school or training institution, your major subject, your specialization, your degree, your grades, and the date of your graduation)
• Application photo
• If applicable, special categories of data within the meaning of Art. 9 para.1 GDPR (e.g., trade union membership, biometric data, health data, degree of disability).

If your application is unsuccessful, we will automatically delete the application documents and the data contained therein six (6) months after notification of the rejection decision, provided that no other legitimate interests preclude deletion. Other legitimate interests may exist, for example, if we have a duty of proof in proceedings under the German General Equal Treatment Act (AGG). In the area of training, we reserve the right to retain data for up to twenty-four (24) months despite rejection in justified individual cases, as we would also like to consider possible successors in the recruitment process. Your general data (applicant profile) will remain stored for twelve (12) months with your consent.

We process your personal data on the following legal bases:

• Art. 88 para. 1, Art. 6 para. 1 lit. b GDPR in accordance with § 26 BDSG for the establishment and execution of an employment relationship.
• Art. 6 para. 1 lit. a GDPR if you have consented to the storage of your applicant data for further procedures.

In addition, your application documents may contain special categories of personal data. According to Art. 9 GDPR, these are personal data revealing racial or ethnic origin, political opinions, religious (e.g. information on religious affiliation/denomination) or philosophical beliefs, or trade union , as well as the processing of biometric data for unique identification (e.g. photos), health data (e.g. information on the degree of severe disability) or data on sex life or sexual orientation. If your CV contains special categories of personal data, we do not collect them intentionally. We expressly ask you not to send us such data.

If you voluntarily provide us with special categories of personal data as part of your application documents and/or in the context of free text fields for establishing contact or for an order request, etc., contrary to our express request, we will process these data on the basis of your consent.

We process your special personal data on the following legal bases:

• on the basis of your consent in accordance with Art. 9 para. 1 GDPR;
• Art. 88 para. 1 GDPR in conjunction with § 26 para. 3 sentence 2 BDSG.

We also process your personal data on our website in order to assert our rights and enforce our legal claims. We also process your personal data in order to be able to defend ourselves against legal claims. Finally, we process your personal data insofar as this is necessary for the prevention or prosecution of criminal offenses.

We process your personal data for this purpose on the basis of the following legal basis:

• to safeguard our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or we prevent or investigate criminal offenses.

We also process your personal data on our website in order to fulfill other legal obligations. These may apply to us in connection with the processing of the order or business communication. These include, in particular, retention periods under commercial, trade or tax law.

We process your personal data on the following legal basis:

• to fulfill a legal obligation to which we are subject pursuant to Art. 6 para. 1 lit. c GDPR in connection with commercial, trade or tax law, insofar as we are obliged to record and store your data.

We may process your personal data in order to complete a (partial) sale of business or merger (or similar transaction such as a takeover in the context of liquidation, insolvency, dissolution, etc.) with another company. In the event that another company acquires or intends to acquire the assets, which may include your personal data, from us or we enter into or seek to enter into a merger with another company, we may need to grant that company access to or transfer your personal data stored by us for the purpose of examining and implementing the sale of the company/merger (e.g. to determine the value of the company or business risks, to transfer the data/assets, etc.).

We process your personal data on the following legal basis:

• to safeguard our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR in order to organize and implement a planned company sale or a planned merger.

Some sections of our web pages contain links to the web pages of third parties. These websites are subject to their own data protection principles. We are not responsible for their operation including the data handling. If you send information to or about such third party sites, you should review the privacy statements of those sites before you submit any information that may assigned to you.

Firstly, only our employees will be informed of your personal data. In addition, we share your personal data with other recipients who provide services to us in connection with our website, insofar as this is legally permitted or prescribed. We limit the transfer of your personal data to what is necessary, in particular to be able to complete your order. In some cases, our service providers receive your personal data as contract data processors and are then strictly bound by our instructions when handling your personal data. In some cases, the recipients act independently with your data, which we transmit to them.

Below, we describe the categories of recipients of your personal data:

• IT service providers who administrate and host our website,
  
• IT service providers to provide additional functionalities and services on our website.

Data will only be transferred to countries outside the EU or the EEA (so-called third countries) if this is necessary in the context of processing our contractual relationships or is required by law (e.g. reporting obligations under tax law), if you have given us your consent or in the context of order processing.

As part of the use of cookies and similar applications (Google Analytics and Google Tag Manager), we transfer your IP address or your shortened IP address and, under certain circumstances, other data to countries outside the European Union. The transfer of data is based on the standard contractual clauses drafted and made available by the European Commission, which we have agreed with the respective providers. Nevertheless, due to the laws of non-EU countries, even if these agreements and regulations are concluded, there is a possibility that government agencies in particular may access your personal data without us being able to prevent, stop or control this. For these reasons, your consent to the use of cookies, for example, also includes the purpose of data transfer to countries outside the EU.

If service providers in third countries are used and we can influence this, they are also obliged to comply with the level of data protection in Europe by agreeing the EU standard contractual clauses in addition to written instructions. Alternatively, we transfer the data on the basis of Binding Corporate Rules or an adequacy decision by the EU Commission. You can obtain further information from our data protection officer.

Otherwise, we do not transfer your personal data to countries outside the EU or the EEA or to international organizations.

When using our website for information purposes only, we store your consent and personal data on our servers for six (6) months and is then automatically deleted.

This does not apply to the log files, which will be deleted after maximum one (1) year but are only saved in anonymized form. The website we use to register for events, the log files for seven (7) days. Google Analytics cookies remain stored for the duration of up to 400 days. You have the option to delete installed cookies yourself at any time.

If you actively use our website, we initially store your personal data for the duration of responding to your request or the duration of your subscription to our newsletter. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract. The data from your registration as a Limited Partner will be deleted as soon as this contractual relationship ends.

In addition, we will store your personal data until any legal claims arising from the relationship with you become time-barred, in order to use them as evidence if necessary. The limitation period is generally between 12 and 36 months, but can also be up to 30 years. Upon expiry of the limitation period, we delete your personal data, unless there is a legal obligation to store such data, for example from the German Commercial Code (sec. 238, 257 para. 4 HGB) or from the Tax Code (sec. 147 para. 3, 4 AO). These retention obligations can last from two to ten years.

In principle, you are not obliged to provide us with your personal data. However, if you do not do so, we will not be able to provide you with our website, answer your inquiries, send you information etc. or enter into a contract with you.

We do not carry out any profiling and do not use any purely automated decision-making processes in accordance with Article 22 GDPR. Should we use other procedures in individual cases in the future, we will inform you of this separately.

Under the legal provisions you are entitled to the following rights as data subject, which you can assert against us:

• Right to information: You are entitled to request confirmation from us at any time within the scope of Art. 15 GDPR as to whether we are processing personal data relating to you; If this is the case, you are also entitled under Art. 15 GDPR to receive information about such personal data as well as other specific information (inter alia, processing purposes, categories of personal data, categories of recipients, planned storage period, the origin of the data, the use of automated decision-making and, in the case of transfers to third countries, the appropriate guarantees) and a copy of the data.
• Right to correction: According to Art. 16 GDPR, you are entitled to demand correction of the personal data stored about you if it is inaccurate or incorrect.
• Right to deletion: You are entitled, under the conditions of Art. 17 GDPR, to request from us the deletion of personal data relating to you without delay. Among other things, there is no right of deletion if the processing of personal data is necessary for (i) the exercise of the right to freedom of expression and information, (ii) the fulfilment of a legal obligation to which we are subject (e.g. statutory retention obligations) or (iii) the assertion, exercise or defence of legal claims.
• Right to limitation of processing: Under the conditions of Art. 18 GDPR you are entitled to request from us the limitation of the processing of your personal data.
• Right to data transferability: You are entitled, under the conditions of Art. 20 GDPR, to request from us the provision to you of the personal data relating to you that you have submitted to us in a structured, current and machine-readable format.
• Right of revocation: You have the right to revoke your consent to the processing of personal data at any time with effect for the future without incurring any costs other than the transmission costs according to the basic rates.
• Right to objection: You are entitled to object to the processing of your personal data under the conditions of Art. 21 GDPR, meaning that we have to terminate the processing of your personal data. The right of objection exists only within the limits provided for in Art. 21 GDPR. In addition, our interests may prevent the processing from being terminated, so that we are entitled to process your personal data despite your objection.
• Right of appeal to a supervisory authority: You are entitled to file a complaint with a supervisory authority, inparticular in the Member State of your place of residence, work or suspected infringement, under the conditions laid down in Article 77 GDPR, if you believe that the processing of personal data concerning you infringes the GDPR. The right of appeal is not prejudicial to any other administrative or judicial remedy. The supervisory authority responsible for us is:
  ‍

Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Kavalleriestr. 2-4
40213 Dusseldorf

Phone: 0211/38424-0
Fax: 0211/38424-10
Email: poststelle@ldi.nrw.de

However, we recommend that you always address a complaint to our data protection officer first.

If possible, your applications for the execution of your rights should be addressed in writing to the above address or directly to our data protection officer.

We reserve the right to change this privacy policy at any time. Any changes will be announced by publishing the amended privacy policy on our website. Unless otherwise specified, such amendments shall take immediate effect. Please check this privacy policy regularly to ensure you have the latest version.

Last updated in November 2024