Privacy Notice
Introduction
FRACTUAL LTD ("Fractual", "We", "Us", "Our") is committed to protecting and being transparent about how it processes the personal data (the "Personal Data") of its Users ("You", "Your").
This Privacy Notice describes how We collect, use, disclose and store Your Personal Data when You use the Fractual Platform (the "Platform") and its services, in compliance with the applicable legal and regulatory framework. Fractual may update this Privacy Notice from time to time to reflect legal, regulatory or operational changes. The most recent version will always be available on the Platform.
Certain functionalities of the Platform may use cookies or similar technologies. For more information on how cookies are used, please refer to the Cookies Policy available on the Platform.
The provisions of this Privacy Notice are in full alignment with the Platform's Terms of Service, as in force from time to time.
What We collect from You
The Platform is intended for individuals aged eighteen (18) and above. Fractual does not knowingly collect Personal Data from minors.
1) Platform access
To access the Platform, as an individual or on behalf of a legal entity, You shall first:
a. Create an account (the "Account")
(i) Individuals
When You create an Account as a natural person on our Platform, We shall collect the following:
- Your first & last name;
- Your email (primary, verified);
- Your phone number (verified);
- Your country of residence & residence address;
- The way You learned about Fractual;
- Information about Your professional & investment background; and
- Account creation date & last login timestamps;
(ii) Legal entities
When You create an Account on the Platform on behalf of a legal entity, We shall collect the latter’s:
As well as the following:
- Your (as the legal entity’s contact person) first & last name;
- Your Position/role;
- Your Business email (verified);
- Your phone number (verified);
- The way You/the legal entity learned about Fractual;
- Your authorisation to act on behalf of the legal entity;
- Information about the legal entity’s business & investment background; and;
- Account creation date & last login timestamps.
b. Complete our Know-Your-Customer/Business ("KYC" / "KYB") verification
(i) Individuals (KYC)
As part of every individual's identity verification process, You will be requested to provide KYC information about You, as well as relevant KYC documentation, if/where required.
(ii) Legal entities (KYB)
When You seek to access the Platform on behalf of a legal entity, and as part of our standard KYB verification step, We shall request KYB information as well as relevant KYC documentation, if/where required, about the legal entity, its directors and ultimate beneficial owners (the "UBOs").
Upon successful completion of the KYC/KYB verification step, Fractual may create an on-platform, technical ledger (the "Ledger") for You. For the avoidance of any doubt, the Ledger is non-transferable and non-custodial in nature, and serves as a digital (on the blockchain) record, for user interface (UI) purposes only.
Please note that certain verification checks may be supported by automated tools. However, onboarding and verification decisions are not based solely on automated processing and, where required, are subject to human review and oversight, in accordance with applicable data protection laws.
2) Newsletter subscription preference (optional/checkbox)
You may choose whether to receive Fractual newsletters, updates and promotional materials.
3) Feedback on Platform experience
We may also contact You to request feedback regarding Your experience with Fractual.
Who Processes Your Personal Data
The Data Controller of Your Personal Data is FRACTUAL LTD, a company incorporated in Cyprus, with registered office at Omonoias 52, TROODOS COURT, 1st Floor, Flat/Office 3, 3052, Limassol.
Your Personal Data might be shared with:
- DigiShares A/S; provides software infrastructure & technical support for the Platform's build/development;
- DigitalOcean LLC; provides hosting and database services;
- Amazon EU S.a.r.l.; provides secure user authentication & identity management services;
- Astrodon Corporation (Loops); used for email communications;
- Intercom Inc.; provides message hosting & processing;
- SumSub Tech LTD; provides KYC/KYB & identity verification services for AML/CTF purposes;
- Dropbox Inc.; provides digital signature functions (as per eIDAS) on legal documents/contracts made available via the Platform;
- Twilio Inc.; provides communication & messaging services;
- Google Ireland LTD; provides analytics on user actions, e.g., webpage tracking, visit frequency/times, geographic data etc.
- Microsoft Clarity; provides analytics on user behavior/interactions with the Platform; and
- Authorized Fractual personnel contractors, consultants or professional advisers who may require access to such Personal Data for the performance of their duties and are subject to confidentiality obligations.
Most of the above-mentioned parties are expected to act as Data Processors on Fractual's behalf, subject to the relevant contractual arrangements and confidentiality obligations.
Where relevant to a specific project, Fractual may share certain Personal Data with the relevant Designated Legal Entity, which shall process such Personal Data as an independent controller for its own lawful purposes.
Processing Rationale & Legal Bases
We shall process Your Personal Data for the following purposes and on the following legal bases:
| Purpose | Legal Basis |
|---|---|
| Create User Accounts & authenticate access to Platform | Performance of a contract |
| Verify identity & conduct KYC/KYB checks to comply with regulatory requirements | Legal obligation |
| Verify Personal Data of individuals connected to a legal entity (authorised representatives, directors, and UBOs) for KYB & AML compliance | Legal obligation |
| Carry out Fractual's legal obligations, including providing information to the competent authorities if/when requested | Legal obligation |
| Transmit Personal Data to Designated Legal Entities | Performance of a contract |
| Determine whether You wish to receive Fractual updates & promotional materials | Consent |
| Contact You to request & receive feedback about Your Fractual experience | Legitimate Interest |
Location & Duration of Storage
We retain Your Personal Data only for as long as necessary for the purposes described in this Privacy Notice, unless a longer retention period is required or permitted by applicable law, or is necessary for the establishment, exercise or defense of legal claims, or for ongoing compliance with applicable regulatory obligations.
Account-related data is generally retained for up to five (5) years after termination of Your contractual relationship with Fractual. KYC/KYB and identity verification records may be retained for a longer period.
We retain Your Personal Data within the European Union ("EU"). Where Personal Data is transferred by any of our Data Processors outside the EU, including to the United States ("US"), such transfer will take place only where an adequate level of protection is ensured under applicable data protection law, including, where applicable, pursuant to the EU-US Data Privacy Framework.
If at any time the EU-US Data Privacy Framework is suspended/declared invalid, or if a Data Processor fails to re-certify for the EU-US Data Privacy Framework, any EU-US Data transfer will be subject to the Standard Contractual Clauses Schedules 1-3, which shall be enforced between the aforementioned Data Processor(s) and Fractual.
Security
Fractual implements appropriate technical and organisational measures to protect Your Personal Data against any unauthorised access, alteration, disclosure or destruction. These measures include secure hosting environments, access controls, encryption where appropriate, and internal confidentiality obligations.
Data Rights
Subject to applicable laws, You may request that We:
- Provide You with a copy of the Personal Data we hold for You;
- Correct Your Personal Data, if it is wrong/becomes outdated;
- Erase Your Personal Data;
- Restrict the processing of Your Personal Data to certain uses, or that You object to the processing of Your Personal Data;
- Transfer Your Personal Data to another company or entity via available means; or
- Withdraw Your consent, if You have previously provided it to Us.
You may also contact Us at any time to request more information about Your Personal Data.
How to Exercise Your Data Rights
If, at any time, You would like to exercise Your rights or ask any question(s) about Your Personal Data, feel free to send an email to the following address: dpo@fractual.com
We will respond to You within thirty (30) days from reception of Your request.
If You feel that the protection of Your Personal Data has been violated, You may file a complaint with the Office of the Commissioner for Personal Data Protection (www.dataprotection.gov.cy).