Introduction

Fundaro Ltd. acknowledges the significance of collecting and utilizing specific information pertaining to both individuals and legal entities interested in engaging with the Fundaro Ltd. Platform. The gathering and management of personal information shall comply with the company's Anti-Money Laundering (AML) and Know Your Customer (KYC) policies as delineated in this Privacy Policy, which is formulated in accordance with the General Data Protection Regulation (GDPR).

By providing their information under these policies, users affirm their understanding and acceptance of the data collection rationale, consenting to the processing of information aimed at combating money laundering. Users are granted the right to know the identity of the individuals responsible for processing their data.

All data collected on the Platform, whether in physical form, electronically stored, or recorded through other media, falls under the scope of this policy, thereby ensuring compliance with relevant legal frameworks and GDPR stipulations concerning data control and processing.

Data Protection Officer

Fundaro Ltd., along with its officers and employees, collectively functions as the Data Protection Officer in the context of this policy. In accordance with GDPR provisions, the Data Protection Officer:

• Determines the purposes for which personal information is utilized
• Ensures adherence to GDPR regulations
• Implements security measures to protect the rights of data subjects during the processes of data collection and processing
• Conducts data protection impact assessments
• Employs privacy by default design principles
• Adheres to proper data breach notification protocols

Disclosure

Fundaro Ltd. may disclose data to state regulatory agencies and other authorities as mandated by applicable laws or provisions within the AML policy. In most circumstances, users will be informed regarding the manner in which their information will be shared and the parties with whom it will be disclosed.

Users must provide their agreement and consent for the utilization of their data as stipulated in this policy and the AML policy, encompassing data analysis and disclosure.

There exist instances in which Fundaro Ltd. may disclose data, including sensitive information, without the explicit consent of the data subject, such as:

• Complying with legal obligations
• Protecting vital interests
• Information already publicized by third parties
• Engaging in legal proceedings
• Seeking legal advice
• Defending legal rights
• Revealing data to state authorities in efforts to prevent money laundering

Users retain the right to request the deletion of personal data under specified conditions, and any inquiries or questions pertaining to this policy may be directed to the Fundaro Ltd. Data Protection Officer at hi@fundaro.capital.

Introduction

This Cookie Policy is designed to help you understand how Fundaro Ltd. uses cookies and similar technologies on the fundaro.capital website. By continuing to browse and use this Website, you consent to the use of cookies in accordance with this policy.

What Are Cookies?

Cookies are small text files that are placed on your device when you visit a website. They are commonly used to make websites work more efficiently and provide information to website owners. Cookies can be temporary (session cookies) or persistent (persistent cookies).

How We Use Cookies

We use cookies for various purposes, including but not limited to:

• Essential Cookies: These cookies are necessary for the proper functioning of the Website. They enable you to navigate the Website and use its features, such as accessing secure areas.
• Performance and Analytics Cookies: These cookies help us understand how visitors interact with our website. They collect information such as the number of visitors, pages visited, and traffic sources. This information is used to improve the performance and content of our website.
• Functionality Cookies: These cookies enhance the functionality of the Website and remember your preferences, such as language settings and login credentials.
• Advertising and Targeting Cookies: We may use these cookies to display personalized advertisements and content based on your interests and browsing habits. Third-party advertisers may also use cookies to deliver targeted ads.

Third-Party Cookies

We may also allow third-party service providers, such as Google Analytics, to use cookies on our website to collect and analyse information about your online activities. These third parties may have their own cookie policies, which we encourage you to review.

Cookie Consent

By using our website, you consent to the use of cookies as described in this Cookie Policy. You can change your cookie preferences by adjusting your browser settings to block or delete cookies. However, please note that blocking or deleting cookies may affect your experience on our website.

How to Manage Cookies

Most web browsers allow you to manage cookies through their settings. You can usually find information on how to do this in the "Help" section of your browser. Please note that disabling cookies may limit your ability to use certain features on our website.

Updates to this Cookie Policy

We may update this Cookie Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Please check this page regularly for updates.

Contact Us

If you have any questions or concerns about this Cookie Policy or our use of cookies, please contact us at hi@fundaro.capital.

General Provisions

1.1. This AML policy aligns with the latest FATF, OECD, global anti-money laundering standards, and relevant domestic AML legislation.

1.2. The policy dictates internal rules for Fundaro Ltd., focusing on checking and disclosing documentation and information related to controlled operations and financial transactions associated with money laundering or terrorism financing.

1.3. It organizes activities to prevent money laundering and terrorism financing, establishing obligations and procedures for internal control by employees.

Organizational Basis for Control Methods

2.1. A dedicated group, including a board member, head accountant, and legal department head, ensures effective policy implementation based on client volume and associated risk levels.

2.2. Subsidiaries are accountable to the authorized group for handling suspicious transactions while corresponding company units manage initial client identification.

Implementation of Control Methods

3.1. Control methods identify clients and assess risks during the initiation and continuation of commercial relationships, specifically for money laundering prevention.

3.2. Data is collected and processed solely for purposes outlined in this policy, with no unauthorized use or third-party disclosure unless required by law.

Client and Associated Persons Identification Program

4.1. Initial client identification relies on provided documents, verifying necessary information for physical and legal persons, including state official status.

4.2. Information is cross-referenced with official sources and verified through public registries or inquiries to state authorities.

4.3. Only an authorized legal representative may register a legal entity, providing sufficient documentation of their authority.

Risk Evaluation

5.1. Clients and planned transactions undergo risk evaluation for money laundering and terrorism financing.

5.2. Clients are assigned risk statuses based on assessed risk factors, and high-risk cases may lead to denial of cooperation and services.

Commercial Relationship with the Client

6.1. Any commercial relationship is established after the client agrees to adhere to the AML policy.

6.2. If a representative is involved, the Company ensures direct contact between the client and the representative.

Actions in Case of Suspicions and Information Obligation

7.1. Suspicions of transactions connected to money laundering or terrorism financing halt further cooperation.

7.2. Transaction denial may be delayed if it could harm the client, with immediate reporting to the Financial Inspection.

Correspondence Exchange

8.1. Correspondence exchange with third parties, including banks, is initiated if deemed necessary by management, formalized with a two-way agreement.

8.2. The exchange includes details of the control methods used.

Information Recording Program

9.1. Transaction employees must document all transaction specifics as per the information recording program.

Transaction Denial Program

10.1. Clients not providing the required documentation may face transaction denial, with the possibility of reversal upon providing necessary information and documents.

Company Employees Training Program

11.1. Training programs ensure employees comply with AML legislation and terrorism financing prevention, providing instructions within one month of employment.

Internal Control Review Program

12.1. The internal control review program ensures employee compliance with legislation and internal rules, maintaining control in income legalization and terrorism financing prevention.

Document Maintenance Program

13.1. Client identification and cooperation initiation documents are archived for at least five years, including those reported to state authorities.

About Us

The Platform is operated by Fundaro Ltd. ("Company", "we", "us", or "our"). We are a real estate investment platform facilitating loan-based investment opportunities structured through Special Purpose Vehicles ("SPVs").

Eligibility

2.1 To use the Platform you must:

• be at least 18 years of age;
• be a natural person with full legal capacity or a duly authorised representative of a legal entity;
• have successfully completed the Company's identity verification (KYC) process;
• not be resident in, or a national of, any jurisdiction where participation in such investment activities is prohibited by applicable law.

2.2 We reserve the right to refuse access or to close accounts at our sole discretion, including where we are unable to verify your identity or where we have reason to believe that your use of the Platform may violate these Terms or applicable law.

Account Registration

3.1 You must register an account on the Platform to access investment opportunities. You agree to provide accurate, current, and complete information during registration and to keep such information up to date.

3.2 You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at hi@fundaro.capital if you suspect any unauthorised access to your account.

3.3 You may not share your account with or transfer it to any third party.

Platform Services

4.1 The Platform enables registered users ("Lenders") to provide loans to Fundaro Ltd. ("Borrower") in connection with specific real estate investment projects ("Projects"). Each Project is governed by a separate Loan Agreement consisting of General Terms and Special Terms.

4.2 The Platform provides:

• access to information about available Projects;
• tools to commit and allocate funds to Projects;
• reporting and portfolio management functionality;
• an Auto-Allocation feature allowing automated fund allocation based on user-defined settings.

4.3 We act solely as operator of the Platform and are not a financial intermediary, broker, investment adviser, or regulated crowdfunding service provider unless separately licensed and disclosed.

Investment Risk Disclosure

5.1 Investing through the Platform involves risk. You may lose some or all of the capital you invest. Past performance of any Project is not indicative of future results.

5.2 Key risks include, without limitation:

• real estate market fluctuations affecting underlying asset values;
• liquidity risk - your investment may not be redeemable before the Maturity Date;
• borrower default or insolvency;
• regulatory and legal changes affecting the enforceability of your Loan Agreement;
• currency risk where applicable;
• platform operational or technical risk.

5.3 You confirm that you have independently assessed the suitability of any investment and, where appropriate, sought independent financial or legal advice prior to committing funds.

Loan Agreements

6.1 Each investment you make constitutes entry into a Loan Agreement with the Company. The Loan Agreement governs the specific terms of your investment, including loan amount, interest rate, maturity date, and early repayment conditions.

6.2 These Terms apply in addition to the Loan Agreement. In the event of conflict, the Loan Agreement prevails in respect of the specific investment, and these Terms prevail in respect of Platform use.

6.3 The Auto-Allocation feature, if enabled by you, authorises the Platform to automatically commit your available funds to Projects in accordance with your configured settings. You accept full responsibility for any allocations made while the feature is active.

Payments and Withdrawals

7.1 All transactions on the Platform are denominated in Euro (EUR) unless otherwise stated in the applicable Special Terms.

7.2 Funds must be transferred to the account designated on the Platform. Payments are deemed received only when credited to the designated account.

7.3 Withdrawals of uninvested funds are subject to our standard processing times and any applicable verification requirements.

7.4 We do not charge platform access fees to Lenders unless separately disclosed. Any applicable fees will be clearly stated before you commit funds.

Intellectual Property

8.1 All content on the Platform, including but not limited to text, graphics, logos, software, and data compilations, is the property of Fundaro Ltd. or its licensors and is protected by applicable intellectual property laws.

8.2 You are granted a limited, non-exclusive, non-transferable licence to access and use the Platform for your personal or internal business investment purposes. You may not reproduce, distribute, modify, or create derivative works from any Platform content without our prior written consent.

Prohibited Conduct

You agree not to:

• use the Platform for any unlawful purpose or in violation of these Terms;
• attempt to gain unauthorised access to any part of the Platform or its underlying systems;
• introduce malicious code, viruses, or any software that may damage, disrupt, or intercept any system or data;
• use automated tools to scrape, crawl, or extract data from the Platform without our written consent;
• impersonate any person or entity or misrepresent your affiliation with any person or entity;
• engage in any conduct that could damage our reputation or the integrity of the Platform.

Privacy and Data Protection

Your personal data is processed in accordance with our Privacy Policy, available at https://fundaro.capital/legal/privacy-policy which forms part of these Terms. By using the Platform you consent to such processing.

Limitation of Liability

11.1 To the fullest extent permitted by applicable law, Fundaro Ltd. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive loss or damage arising out of or in connection with your use of the Platform or any investment made through it.

11.2 Our total aggregate liability to you for any direct loss or damage arising in connection with these Terms or the Platform shall not exceed the total amount of interest paid to you under your active Loan Agreements in the twelve (12) months preceding the event giving rise to the claim.

11.3 Nothing in these Terms limits our liability for fraud, wilful misconduct, or any liability that cannot be excluded by law.

Indemnity

You agree to indemnify and hold harmless Fundaro Ltd. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms or your use of the Platform.

Platform Availability

13.1 We strive to ensure the Platform is available at all times but do not guarantee uninterrupted or error-free access. We may suspend or withdraw access to the Platform, or any part of it, for operational, maintenance, or regulatory reasons without prior notice.

13.2 We are not liable for any loss arising from your inability to access the Platform due to circumstances outside our reasonable control.

Amendments

14.1 We may amend these Terms at any time. We will provide at least 30 calendar days' notice of material changes via the Platform or by email to your registered address.

14.2 Your continued use of the Platform after the effective date of any amendment constitutes your acceptance of the revised Terms. If you do not accept the amended Terms, you must cease using the Platform and notify us to close your account.

Termination

15.1 You may close your account at any time by contacting us at hi@fundaro.capital, subject to the settlement of any outstanding obligations under active Loan Agreements.

15.2 We may suspend or terminate your account immediately if you breach these Terms, fail to complete or maintain KYC requirements, or if required by applicable law or a regulatory authority.

15.3 Termination of your account does not affect any rights or obligations that have accrued prior to termination, including those under any active Loan Agreement.

Governing Law and Dispute Resolution

16.1 These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Latvia.

16.2 The parties shall first attempt to resolve any dispute by good-faith negotiation. If a dispute cannot be resolved by negotiation within 30 calendar days, it shall be submitted to the exclusive jurisdiction of the competent courts of the Republic of Latvia.

Miscellaneous

17.1 These Terms, together with the Privacy Policy, Cookie Policy, AML & KYC Policy, and any applicable Loan Agreement, constitute the entire agreement between you and the Company in relation to your use of the Platform.

17.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17.4 You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or successor entity.

Contact

For any questions regarding these Terms, please contact us at:

Fundaro Ltd.

hi@fundaro.capital

https://fundaro.capital