Privacy policy

1. ABOUT THIS PRIVACY POLICY

Due to your relationship or recent contact with Fortino, whether as a representative of a (potential) portfolio company or (potential) investor, or as another stakeholder, or due to a visit to or action on our “Website” (i.e. https://www.fortinocapital.com/), we may collect, store and otherwise process personal data relating to you or, if you are a company, your employees | representatives (“personal data”).

This Privacy Policy describes (i) how we collect, treat and store your personal data; (ii) the rights you can exercise in relation to your personal data; and (iii) the measures we take to protect it and to secure your personal data.

Fortino respects your privacy and always strives to act in accordance with the applicable privacy legislation, such as (non-exhaustive): (i) the General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”); (ii) the Belgian Privacy Law of 30 July 2018; (iii) the ePrivacy Directive 2002/58/EC of 12 July 2002, including future amendments and revisions thereof; and/or (iv) (future) national legislation regarding the implementation of the GDPR (together: “Privacy Legislation”).

 

2. FORTINO IS THE DATA CONTROLLER

Fortino is a B2B software venture capital and growth equity firm, aiming to partner with B2B software entrepreneurs across Europe. Fortino raises money from its investors with the goal to further scale its portfolio companies, through its investment funds. 

In light of Privacy Legislation, Fortino will act as the Data Controller of your personal data for the purposes described in this Privacy Policy. This means, Fortino is in control of (and thus, responsible for) your personal data and the processing thereof.

 

3. FORTINO’S PROCESSING ACTIVITIES

Which personal data we collect, store and otherwise process and the purpose for which we process this data may differ depending on your relation with Fortino. In particular, eight different scenarios can be identified

• You are browsing on the Fortino Website;
• You are attending an event hosted by Fortino;
• You are applying for a job at Fortino or at a Fortino portfolio company;
• You are (a representative of) a potential investment for one of the funds managed by Fortino;
• You are a representative of a Fortino portfolio company;
• You are (a representative of) a potential investor in one of the funds managed by Fortino; or,
• You are (a representative of) a Fortino investor.
• You are | your company is a business partner of Fortino.

 

3.1. You are browsing on the Fortino Website

Contacting Fortino via the contact form on the Website

• Purpose: To answer any questions you may have, evaluate your company’s pitchdeck and/or to initiate a conversation with Fortino
• Personal data:
  • First name
  • Last name
  • Email address
  • Company name
  • Job title
  • Nature of enquiry
  • Voluntarily provided information
• Legal ground: Consent
• Retention period: Until one (1) year following your latest interaction with Fortino

Cookies

When browsing on our Website, we may also collect your personal data through cookies stored on your device(s) in order to optimize the functioning of the Website. Please consult our Cookie Policy for more information.

The Fortino newsletter | update

• Purpose: Providing more information on Fortino activities, new investments made, add-on investments, etc.
• Personal data:
  • First name
  • Last name
  • Email address
  • Company name
  • Job title
  • Preferred Language
• Legal ground: 
  • Consent: if you do not have an active (commercial) relationship with Fortino; or,
  • Legitimate interest: if you have an active (commercial) relationship with Fortino, in accordance with the GDPR and balancing test
• Retention period: Until you have objected to the processing of your personal data for this purpose (cfr. Section 8 - “Right to object”)

 

3.2. You are attending an event hosted by Fortino

Registering for | attending a Fortino (networking) event

• Purpose: Having an overview of participants and | or attendees at (networking) events hosted by Fortino
• Personal data: 
  • First name
  • Last name
  • Email address
  • Phone number
  • Company name
  • Job title
  • Dietary requests
  • Photos / videos
• Legal ground: Consent
• Retention period: Until you have objected to the processing of your personal data for this purpose (cfr. Section 8 - “Right to object”), with a maximum retention period of seven (7) years after the event

General communication 

• Purpose: In order to reach out to event attendees and have follow-up conversations through various means of communication (email, mail, phone, etc.)
• Personal data:
  • First name
  • Last name
  • Email address
  • Phone number
  • Country
  • Preferred Language
  • Company name
  • Job title
  • Voluntarily provided information
  • LinkedIn profile
• Legal ground: Consent
• Retention period: Until you have requested to no longer be contacted by Fortino

 

3.3. You are applying for a job at Fortino or at a Fortino portfolio company

Providing personal information to apply for a job

• Purpose: To evaluate the candidate
• Personal data: 
  • First name
  • Last name
  • Email address
  • Phone number
  • Curriculum Vitae
  • Case assessment
  • Previous job experience
• Legal ground: Consent
• Retention period: One (1) year after the candidate was informed of the decision to not withhold the candidate for the job

 

3.4. You are a representative of a potential investment for one of the funds managed by Fortino;

General communication

• Purpose: To enable communication with potential investments for one of the funds managed by Fortino
• Personal data:
  • First name
  • Last name
  • Email address
  • Phone number
  • Country
  • Preferred Language
  • Company name
  • Job title
  • LinkedIn profile
  • Voluntarily provided information
• Legal ground: 
  • Legitimate interest, in accordance with the GDPR and balancing test; or,
  • Consent: if this is a consequence of you uploading your pitchdeck via the website;
• Retention period: Until you have requested to return or destroy your personal data, in accordance with the Non-Disclosure Agreement concluded with Fortino, with a maximum retention period of seven (7) years

Prospecting

• Purpose: Prospecting and identifying potentially interesting (B2B SaaS) companies
• Personal data:
  • First name
  • Last name
  • Gender
  • Email address
  • Phone number
  • Address
  • Company name
  • Job title
  • Founding history
  • Linkedin profile
  • Voluntarily provided information
• Legal ground: 
  • Legitimate interest, in accordance with the GDPR and balancing test; or, 
  • Consent if this is a consequence of you uploading your pitchdeck via the website;
• Retention period: Until you have requested to return or destroy your personal data, in accordance with the Non-Disclosure Agreement concluded with Fortino, with a maximum retention period of seven (7) years

 

3.5. You are a representative of a Fortino portfolio company;

General communication

• Purpose: To communicate with you in the scope of the commercial relationship and provide you with (general) advice and assistance
• Personal data:
  • First name
  • Last name
  • Gender
  • Company name
  • Job title
  • Linkedin profile
  • Email address
  • Phone number
  • Preferred Language
  • Voluntarily provided information
  • Address
• Legal ground: Consent
• Retention period: For the duration of Fortino its investment and during a period of three (3) years after the liquidation of the respective fund, unless Fortino has a legal obligation to retain personal data for a longer period

Addressing compliance and legal obligations, such as verifying your identity

• Purpose: Checking identity of data subjects in relation to KYC, AML, etc. obligations
• Personal data: 
  • First name
  • Last name
  • Address
  • Job title
  • Bank account
  • Marital state
  • Revenues
  • Company
  • Email address
  • VAT-number
  • Participations in other companies
  • Date of birth
  • Assets (real estate, shares, etc.)
• Legal ground: Legal obligation
• Retention period: For the duration of Fortino its investment and during a period of three (3) years after the liquidation of the respective fund, unless Fortino has a legal obligation to retain personal data for a longer period

 

3.6. You are (a representative of) a potential investor;

General communication

• Purpose: To communicate with you when you are exploring an investment in a fund managed by Fortino, and inform you about future investment opportunities when you are already a Fortino investor
• Personal data:
  • First name
  • Last name
  • Company
  • Job title
  • Linkedin profile
  • Email address
  • Phone number
  • Preferred Language
  • Voluntarily provided information
  • Address
• Legal ground: 
  • Legitimate interest, in accordance with the GDPR and balancing test; or,
  • Consent if a commercial relationship was established
• Retention period: Until you have objected to the processing of your personal data for this purpose (cfr. Section 8 - “Right to object”), with a maximum retention period of seven (7) years

Prospecting

• Purpose: Prospecting interesting investors
• Personal data:
  • First name
  • Last name
  • Company name
  • Job title
  • Voluntarily provided information
  • Email address
  • Phone number
  • Address
  • Preferred Language
  • Linkedin profile
• Legal ground: 
  • Legitimate interest, in accordance with the GDPR and balancing test; or,
  • Consent if a commercial relationship was established
• Retention period: Until you have objected to the processing of your personal data for this purpose (cfr. Section 8 - “Right to object”), with a maximum retention period of seven (7) years

 

3.7. You are (a representative of) a Fortino investor

General communication

• Purpose: To communicate with you in the scope of the investment made in Fortino, or a Fortino fund
• Personal data: 
  • First name
  • Last name
  • Company name
  • Job title
  • Voluntarily provided information
  • Email address
  • Phone number
  • Address
  • Preferred Language
• Legal ground: 
  • Legitimate interest, in accordance with the GDPR and balancing test; or,
  • Consent if your company is an investor
• Retention period: For the duration of your investment in a fund managed by Fortino and during a period of three (3) years after the liquidation of the respective fund, unless Fortino has a legal obligation to retain personal data for a longer period 

Addressing compliance and legal obligations, such as verifying your identity

• Purpose: Checking identity of data subjects in relation to KYC, AML, etc. obligations
• Personal data:
  • First name
  • Last name
  • Address
  • Job title
  • Bank account
  • Marital state
  • Revenues
  • Company
  • Email address
  • VAT-number
  • Corporate documents
  • Date of birth
  • Assets (real estate, shares, etc.)
  • Personal data of directors, Ultimate Beneficial Owners and representatives
• Legal ground: Legal obligation
• Retention period: For the duration of your investment in a fund managed by Fortino and during a period of three (3) years after the liquidation of the respective fund, unless Fortino has a legal obligation to retain personal data for a longer period

 

3.8. You are | your company is a business partner of Fortino

General communication and provision of services

• Purpose: To communicate with you in the scope of our commercial relationship
• Personal data:
  • First name
  • Last name
  • Company
  • Job title
  • Email address
  • Phone number
  • Preferred Language
  • Voluntarily provided information
• Legal ground: Consent
• Retention period: For seven (7) years after the termination of your commercial relationship with Fortino and in any event, in accordance with any (data processing) agreements concluded with Fortino

Billing & Accounting

• Purpose: To pay your invoices for the services provided (incl. corresponding communication), or invoice you for our services provided
• Personal data: 
  • First name
  • Last name
  • Address
  • Company
  • Job title
  • Email address
  • VAT-number
• Legal ground: Legal obligation
• Retention period: For seven (7) years after the termination of your commercial relationship with Fortino and in any event accordance with any (data processing) agreements concluded with Fortino

 

4. LEGAL GROUNDS

You can find more information on the applicable ground for each of the identified processing activities in Section 2 above.

In case the legal ground for processing happens to be legitimate interest, Fortino shall always (i) assess whether this is in proportion with the purpose for which your personal data was collected and used; and, (ii) take your reasonable expectations into account and ensure a balance with your fundamental rights and freedoms. If we cannot guarantee this, we will stop storing | using your personal data or we will determine a new legal ground.

 

5. RETENTION PERIODS

You can find more information on the retention period of your personal data for each of the identified processing activities in Section 2 above.

 

6. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

Fortino shall not disclose your personal data to other third parties, unless it is necessary to achieve the purposes described in this Privacy Policy. In this respect, (some of) your personal data may be disclosed to:

• Software and cloud providers; and,
• Freelancers, management companies or other service providers.

For the avoidance of doubt, we have concluded the necessary contracts or similar legal binding acts with above-mentioned third parties to ensure that these third parties treat your personal data in accordance with the Privacy Legislation (e.g. Article 28 GDPR).

In addition, we might transfer your personal data:

• To competent authorities: for instance, because (i) we are obliged to provide your personal data on the basis of the law, regulations, circulars or guidelines or in the scope of (future) legal proceedings, or (ii) this is necessary to safeguard our rights.

 

7. CROSS-BORDER PROCESSING OF PERSONAL DATA

In case any of the above mentioned third parties or other recipients are located in a country outside the European Economic Area, Fortino will ensure that one or more of the listed EU-approved safeguards are in place:

• European Commission adequacy decision;
• Data transfer agreement (cfr. the Standard Contractual Clauses as provided in the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021, including the performance of a transfer impact assessment); or
• Certification mechanisms.

 

8. YOUR PRIVACY RIGHTS

The Privacy Legislation (e.g. GDPR) gives you certain rights over your personal data vis-à-vis Fortino. You can exercise these rights by contacting Fortino, as specified in Section 11, and by using the Data Subject’s Rights Form (see Annex I).

• Access: you can ask Fortino to confirm whether or not personal data that relates to you is being processed. If so, you can ask us to give you copies of your personal data.;
• Rectification: you can ask Fortino to correct | complete any information you believe is inaccurate | incomplete;
• Erasure: you can ask Fortino to erase your personal data, under certain conditions and to the extent possible in accordance with the law, regulations, circulars or guidelines; 
• Objection: You can object to Fortino to process your personal data, under certain conditions and to the extent possible in accordance with the law, regulations, circulars or guidelines;
• Restriction of processing: you can ask Fortino to restrict the processing of your personal data, unless we have legitimate interests for the processing of your personal data that prevail over your interests;
• Data portability: you can ask Forrtino to transfer your personal data to another organization, or directly to you in a commonly used structured format readable by automatic device, under certain conditions and to the extent possible in accordance with the law, regulations, circulars or guidelines.

Updates | Newsletters. You can always change your communication preferences on the Fortino. If you no longer wish to receive any of our Fortino communications, you can object to these direct marketing communications by either (i) using the Data Subject’s Rights Form (as indicated above); or (ii) by indicating “Yes, I object” in the communication preferences on the Website (as indicated above). Upon receipt of your objection, we will stop processing your personal data for Fortino communications.

 

9. SECURITY

Fortino undertakes to take all reasonable, physical, technological and organizational precautions in order to avoid (i) unauthorized access to your personal information, and (ii) loss, abuse or alteration of your personal data.

Notwithstanding the verification and audits carried out by Fortino and its legal (privacy) advisors and the actions it proposes in this context, an infallible level of security cannot be guaranteed. Since no method of transmission or forwarding over the internet, or any method of electronic storage is 100% secure, Fortino is not in a position to guarantee absolute security.

Finally, the security of your account will also partly depend on the confidentiality and complexity of your password (if applicable). Please note that Fortino will never ask your password, meaning that you will never be required to communicate it to Fortino or any third party. Fortino therefore strongly advises you, if you observe that someone has accessed your account, to immediately change your password and contact us.

 

10. UPDATES

We are entitled to update this Privacy Policy by posting a new version on the Website whereby we will indicate the revision date at the top of this Privacy Policy. As such, it is strongly recommended to regularly consult the Website and the page displaying the Privacy Policy, to ensure your awareness of any changes.

11. NOTIFICATIONS AND QUESTIONS

Notifications under this Privacy Policy (such as, exercising your rights as a data subject) and/or any questions or concerns with regard to the provisions of this Privacy Policy must be directed at legal@fortinocapital.com.

 

12. COMPLAINTS

In case you have any concern with the manner in which we collect, store or otherwise treat or secure your personal data, we are prepared to take the measures necessary to remedy this situation. Please do contact us as specified above.

You also have the right to lodge a complaint with the authorized supervisory authority (i.e. the Belgian Data Protection Authority or the Data Protection Authority of (i) your residence or (ii) your workplace) should you consider that the processing of your personal data infringes the Privacy Legislation. You can send an email to the Belgian Data Protection Authority at contact@apd-gba.be or any other email address provided by the Belgian Data Protection Authority (https://www.dataprotectionauthority.be/contact-us).  

 

13. Relevant links to related documents

You can consult our Cookie Policy here.
You can find the Data Subject Rights Form here in Annex I.