Privacy Policy

Dated: October __, 2024

Welcome to The Real Estate Fund and our website at www._______________ (our “website”).

At The Real Estate Fund we are committed to protecting and respecting your privacy. This privacy policy sets out the basis on which we will process any Personal Data that we may collect about you as a visitor to our website.

This policy further sets out how we protect your privacy and your rights in respect of our use of your Personal Data.

WHAT IS PERSONAL DATA?

Personal Data is information that makes it possible to identify a natural person. This includes in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.

WHAT IS PROCESSING?

“Processing” means and covers virtually any handling of data.

WHAT LAW APPLIES?

We will only use your Personal Data in accordance with applicable California law, and of course only as described in this Privacy Policy.

WHO IS RESPONSIBLE FOR DATA PROCESSING?

The responsible party within the meaning of the above is The Real Estate Fund (the “ Fund”, “we”, “us”, “our”) through the data processing services of _________________. If you want to contact us or if you have any questions, you can reach us by email using __________________.

WHAT ARE THE LEGAL BASES FOR PROCESSING PERSONAL DATA?

In accordance with applicable law, we have to have at least one of the following legal bases to process your Personal Data: a) you have given your consent, b) the data is necessary for the fulfillment of a contract/pre-contractual measures, c) the data is necessary for the fulfillment of a legal obligation, or d) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.

WHAT PERSONAL DATA DO WE COLLECT FROM YOU?

We may collect and process the following Personal Data about you:

(a) Personal Data that you give us: This is information about you that you give to us by filling in forms on our website (or other forms that we ask you to complete), or when you use our services, or corresponding with us by telephone, post, email or otherwise. It may include, for example, your name, address, email address and telephone number; information about your business relationship with us; and information about your requirements, background and interests. We also process the Personal Data involved in your use of our services in order to be able to provide our contractual services. This includes in particular our support, correspondence with you, invoicing, fulfillment of our contractual, accounting and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations and our legal obligations.

(b) Personal Data that our website and other systems collect about you: If you visit our website it will automatically collect some information about you and your visit, including the Internet protocol (IP) address used to connect your device to the Internet and some other information such as the pages on our site that you visit. This is used to monitor the performance of the website and improve the experience of visitors to the website.

We use the hosting services of __________ for the purpose of hosting and displaying our website. __________ does so on the basis of processing on our behalf, and that also means that all data collected on our website is processed on _________’s servers. The basis for processing is our legitimate interest, and the initiation and/or fulfillment of a contract. We also use the open source __________ of ___________ to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us by our users is transferred to our Namecheap server. In addition to texts, this also includes, for example your data in our forms. The legal basis for this processing is our legitimate interest. We use ________________, which allows website tags to be managed via an interface. The ____________ only implements tags. The legal basis for using Google Tag Manager is our legitimate interest. We use so-called “Cookies” on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. Our website uses a Cookie consent tool to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website.[REVISE TO THE EXTENT THIS IS INACCURATE OR INCOMPLETE]

(c) Other Information: For business reasons, we analyze the data we have on web and server traffic patterns, website interactions, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values (“Aggregated Data”). Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy. For this purpose we use [Google Analytics from Google and Rank Math. …WHO ARE YOU USING?]]The legal basis is our legitimate interest and your consent.

HOW WILL WE USE YOUR PERSONAL DATA?

We may collect, store and use your Personal Data for the following purposes:
● to operate, manage, develop and promote our business and, in particular, our relationship with you and related transactions including, for example:
● marketing purposes (when we have either gathered prior opt-in consent and/or have a legitimate interest to send you communications which we believe to be relevant and of use to you);
● accounting and billing / payment purposes; ○ to operate, administer and improve our website and other aspects of the way in which we conduct our operations;
● to offer you our services;
● to provide you with services or information that you may have requested; and
● to keep you informed and updated on relevant or services you may be interested in.
● to protect our business from fraud, money-laundering, breach of confidence, theft of proprietary materials and other financial or business crimes;
● to comply with our legal and regulatory obligations and bring and defend legal claims and assert legal rights; and
● if the purpose is directly connected with an assigned purpose previously made known to you. We will only process your Personal Data as necessary so that we can pursue the purposes described above and where we have a legal basis for such processing. Where our lawful basis for processing is that such processing is necessary to pursue our legitimate interests, we will only process your Personal Data where we have concluded that our processing does not prejudice you or your privacy in a way that would override our legitimate interest. In exceptional circumstances we may also be required by law to disclose or otherwise process your Personal Data.

DATA SHARING

In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.

(a) Internal
If necessary, we transfer your Personal Data within The Real Estate Fund. Access to your Personal Data is only granted to authorized employees who need access to the data due to their job, e.g., to provide our services or to contact you in case of queries.

(b) External bodies
Personal Data is transferred to our service providers in the following instances:
● in the context of fulfilling our contract with you,
● to use marketing services and to advertise our services online,
● to communicate with you,
● to provide our website, and
● to state authorities and institutions as far as this is required or necessary.

(c) International transfers
We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

SOCIAL MEDIA

We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Data collected when contacting us is to handle your request and the bases are both your consent and our legitimate interest. When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture). Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. The legal basis is our legitimate interest and your consent.

ADVERTISING

We would like to show you interesting advertising outside of our website and use various third-party tools and Cookies for this purpose. These collect and process information about your activities on our website – for example, which products you are interested in or which pages you visit. By knowing what Privacy Policy you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website. We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following personal data may be processed by third-party providers (a) HTTP header information (e.g., IP address, web browser, website URL, date and time); (b) measuring pixel-specific data (e.g., pixel ID and Cookie ID); and (c) additional information about visits to our website (e.g., orders placed, products clicked on). The legal bases for processing are our legitimate interest and your consent in case of Cookies.

HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We will delete your Personal Data when we no longer need such Personal Data, for instance where:
● it is no longer necessary for us to retain your Personal Data to fulfill the purposes for which we had collected it;
● we believe that your Personal Data that we hold is inaccurate; or
● in certain cases where you have informed us that you no longer consent to our processing of your Personal Data. Sometimes, however there are legal or regulatory requirements which may require us to retain your Personal Data for a specified period, and in such cases we will retain your Personal Data for such specified period; and we may need to retain your Personal Data for certain longer periods in relation to legal disputes, and in such cases we will retain it for such longer periods to the extent required.

DATA SECURITY

Our website uses SSL or TLS encryption [CORRECT?] to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us. We have also implemented numerous security, technical and organizational measures including encryption or need to know access [CORRECT?], to ensure the most complete protection of Personal Data processed through our website.

YOUR RIGHTS AND PRIVILEGES

(a) Privacy rights
You can exercise the following rights:
● The right to access;
● The right to rectification;
● The right to erasure;
● The right to restrict processing;
● The right to object to processing; and
● The right to data portability.

(b) Updating your information and withdrawing your consent
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.

(c) Access
Request In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to Privacy Policy respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

(d) Complaint to a supervisory authority
You have the right to make a complaint at any time to the applicable authorities in matters of data protection. We would, however, appreciate the chance to deal with your concerns before you approach any such authority.

(e) What we do not do
● We do not request Personal Data from minors and children without obtaining parental or legal guardian consent;
● We do not process special category data without obtaining prior specific consent; and
● We do not use Automated decision-making including profiling.

HELP AND COMPLAINTS

If you have any questions about this policy or the information we hold about you please contact us by email using ________.

CHANGES

We may change this policy at any time from this current version. Any prior versions are invalid and if we make changes to this policy, we will revise the effective date.