1. General (Preface)
The FKC Business Services GmbH, Linienstrasse 100, 10115 Berlin, a limited liability company, certificate of registration: AG Charlottenburg HRB 132067 B, VAT-ID: DE277156594, CEO: Sebastian Heitmann, (hereinafter “FKC”) exclusively signs contracts which are subject to these General Terms and Conditions (hereinafter “Terms”). The use of FKC Internet platforms (founderskiteclub.com) is subject to these Terms. Any other Terms and Conditions are explicitly excluded.
2. Application and Registration on the FKC websites and/or web platforms (founderskiteclub.com)
2.1 Entrepreneurs and companies may apply for participation in events and for a club membership, as well as register as users of the FKC platform. When registering, the user may be asked to select a password. The user is obligated to treat this password as confidential. FKC will neither divulge the password to any third party, nor at any time ask the user for the password. The user guarantees that all of the data supplied during registration is accurate.
2.2 Each user may register once only and create only one user profile.
2.3 Technically, FKC cannot determine with certainty whether a logged-on user of the FKC website de facto represents the person/company that the user/the company purports to be. FKC therefore shall not assume any liability whatsoever for the actual identity of a user. Each and every user is solely responsible for personally verifying the authenticity of other users.
2.4 The user commissions FKC to present his/her/its data (profile, see #3.Data Privacy Protection) as a profile within the framework of the different types of account(s) and functions of the platform and to convey the data to other registered users and companies that participate in the platform. Thereby, depending on user input or participation in an event, references will be appended to the profile (for example, but not limited to, associated mentors/judges, team membership). Further, apposite registered users and both registered and non‑registered companies (investors, start-ups) will be ascertained by FKC within the framework of the FKC matchmaking process and profile data for the purpose of establishing contacts will be transferred. The full functionality of the platform will continue to be available to the user after participation in an FKC event.
2.5 FKC is not liable for external links and content entered by users on the platform.
2.6 FKC may close user account(s) at any time without providing any indication of reason(s).
2.7 User(s) promise and guarantee not to post falsehoods, racist, discriminatory, inflammatory or other harmful content. 2.8 From the data either entered or uploaded (for example, but not limited to, pictures, logos, etc.) the user transfers FKC the spatio-temporal unlimited exclusive licensing rights (e.g. for print, web, etc.)
The type of personal information we collect
1. We collect certain personal information about visitors and users of our Sites. 2. The most common types of information we collect include things like: usernames, member names, email addresses, IP addresses, other contact details, survey responses, blogs, photos, payment information such as payment agent details, transactional details, tax information, support queries, forum comments, content you direct us to make available on our Sites (such as item descriptions) and web analytics data. We will also collect personal information from job applications (such as, your CV, the application form itself, cover letter and interview notes).
How we collect personal information
We collect personal information directly when you provide it to us, automatically as you navigate through the Sites, or through other people when you use services associated with the Sites. We collect your personal information when you provide it to us when you complete an account registration and buy or provide items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.
Personal information we collect about you from others
Although we generally collect personal information directly from you, on occasion, we also collect certain categories of personal information about you from other sources. In particular:
1. financial and/or transaction details from payment providers located in the EU and the US in order to process a transaction;
2. third party service providers (like Google, Facebook) who are located in the US or UK, which may provide information about you when you link, connect, or login to your account with the third party provider and they send us information such as your registration and profile from that service, this only occurs if you are using Founders Kite Club Platform. The information varies and is controlled by that service provider or as authorized by you via your privacy settings at that service provider; and
3. other third party sources/ and or partners from EU, US or UK, whereby we receive additional information about you (to the extent permitted by applicable law), such as demographic data or fraud detection information, and combine it with information we have about you. For example, fraud warnings from service providers like identity verification service. We also receive information about you and your activities on and off the Founders Kite Club platform through partnerships, or about your experiences and interactions from our partner ad networks.
How we use personal information
We will use your personal information:
1. To fulfil a contract, or take steps linked to a contract: in particular, in facilitating and processing transactions that take place on the Sites, like where you purchase an item from our platform.
2. Where this is necessary for purposes which are in our, or third parties, legitimate interests. These interests include: 2.1. operating the Sites; 2.2. providing you with services described on the Sites; 2.3. verifying your identity when you sign in to any of our Sites; 2.4. responding to support tickets, and helping facilitate the resolution of any disputes; 2.5. updating you with operational news and information about our Sites and services e.g. to notify you about changes to our Sites, website disruptions or security updates; 2.6. carrying out technical analysis to determine how to improve the Sites and services we provide; 2.7. monitoring activity on the Sites, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Sites; 2.8. managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Sites or asking for your feedback or whether you want to participate in a survey; 2.9. managing our legal and operational affairs (including, managing risks relating to content and fraud matters); 2.10. training Founders Kite Club staff about how to best serve our user community; 2.11. improving our products and services. 2.12. providing general administrative and performance functions and activities; and 2.13. processing your job application to Founders Kite Club. 2.14. understanding your event preferences and your business 2.15. Connecting you with other members of the Founders Kite Club community.
4. For purposes which are required by law.
5. For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.
When we disclose your personal information
We will disclose personal information to the following recipients:
1. companies that are in the Founders Kite Club group which are located in EU;
2. subcontractors and service providers who assist us in connection with the ways we use personal information (as set out above), in particular: website hosting providers which are located in EU, US and UK; technical and customer support services which are located in EU, UK and the US; recruitment agencies which are located in EU, US and UK; marketing and analytics services which are located in the EU and the US; security and fraud prevention services which are located in the EU and the US; subscription management services which are located in the EU and the US; payment processing services which are located in the EU and the US, UK; identification verification services located in the EU and the US; and operational tooling services which are located in the EU and the US. Noting that our subcontractors and services providers may also transfer and access such information from other countries in which they have operations.
3. our professional advisers (lawyers, accountants, financial advisers etc.) which are located in the EU, the UK and the US;
4. regulators and government authorities in connection with our compliance procedures and obligations;
5. a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
6. a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
7. a third party, in order to enforce or defend our rights, or to address financial or reputational risks;
8. a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
9. other recipients where we are authorised or required by law to do so.
Where we transfer and/or store your personal information
We are based in the EU so your data will be processed in the EU and the US. We do this on the basis of your consent to this policy.In order to protect your information, we take care where possible to work with subcontractors and service providers who we believe maintain an acceptable standard of data security compliance.
How we keep your personal information secure
We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location in the EU and the US. Personal information that we store or transmit is protected by security and access controls, including username and password authentication, two-factor authentication, and data encryption where appropriate.
How you can access your personal information
You have the right to make a request to access other personal information we hold about you and to request corrections of any errors in that data. You can also close the account you have with us for any of our Sites at any time. To make an access or correction request, contact our privacy champion using the contact details at the end of this policy.
Marketing Choices regarding your personal information
1. Where we have your consent to do so (e.g. if you have subscribed to one of our e-mail lists or have indicated that you are interested in receiving offers or information from us), we send you marketing communications by email about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself. 2. You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.
Cookies and web analytics
Information about children
Our Sites are not suitable for children under the age of 16 years, so if you are under 16 we ask that you do not use our Sites or give us your personal information (if you are a young tech wiz, please direct your nearest responsible adult to use the Sites for you!). If you are from 16 to 18 years, you can browse the Sites but you’ll need the supervision of a parent or guardian to become a registered user. It’s the responsibility of parents or guardians to monitor their children’s use of our Sites.
Information you make public or give to others
How long we keep your personal information
When we need to update this policy
1. We will need to change this policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our privacy management practices.
2. When we do change the policy, we’ll make sure to notify you about such changes, where required. A copy of the latest version of this policy will always be available on this page.
How you can contact us
1. If you have any questions about our privacy practices or the way in which we have been managing your personal information, please contact our Data Protection Officer at firstname.lastname@example.org.
If you’re a user or visitor in the European Economic Area these rights also apply to you:
For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.
How you can access your personal information
1. You are also entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent as more fully described below.
2. These rights are limited in some situations – for example, we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent.
3. Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
4. Events organized by FKC
4.1 All prices shown on the FKC websites exclude VAT. 4.2 Registration for FKC events and ticket sales are carried out through email. In order to register for an event, the user needs to apply through the website. Thereafter the participants application is reviewed and if successful, the participant receives a booking confirmation and invoice. The registration for an event does become binding once the booking confirmation has been received. 4.3 Cancellation Policy Tickets can be transferred only within the same calendar year giving no less than 60 days prior notice counting from the first day of the event. Cost differences between events will be either credited or invoiced separately. Tickets cancelled or transferred with less than 60 days’ notice are subject to a €500 administration fee. Tickets not used at the last event of the calendar year will be forfeited. 4.4 Payment shall be made through bank transfer on the date showing on the booking confirmation, usually two weeks after receiving invoice. 4.5 In the case of either the event date or location (event venue) being changed, in general tickets remain valid. Events announced on the calendar are not fixed and can be subject to change or cancellation. 4.6 In the case of rescheduling an event, the cardholder’s ticket may be returned by a deadline to be determined by FKC, preferably immediately after the announcement of the new event date. Event tickets returned by the deadline for a changed or cancelled event are subject to 100% refund. After the deadline has expired, any claims for reimbursement will expire. 4.7 A refund without returning the original ticket is not possible. On returning the ticket, the customer should specify his bank account details and will then receive a refund of the price paid. If the ticket is not returned within the time limit, no refund is possible. Additional claims (e.g. postage, travel expenses, etc.) are excluded. 4.8 In the event of a no-show (the cardholder does not show up at the event), there will be no refund of the ticket price. 4.9 Tickets are non-transferable to another person. The purchase of tickets for commercial resale is prohibited. 4.10 Discounted tickets are only valid in combination and/or in conjunction with an authorized identification qualifying for discount. This must be presented when purchasing the ticket and shown on request to gain admission to the event venue. 4.11 FKC reserves the right to exclude persons from their events. Any payments made by a person who was decided to be excluded will be refunded by FKC.
5. Recordings during FKC events
Within the framework of FKC events, audio, picture and video recordings of the individual participants and the event will be created free of charge. The participants in these events agree that the recordings and images/photographs submitted by participants, and the unlimited spatio-temporal use can be used free of charge for press reports, advertising posters, calendars, brochures, commercial products and manuals, and on FKC websites and third-party websites (e.g. right of use for YouTube, Vimeo, Facebook, etc.) and these rights of use may be given to third parties by FKC, both free of charge and also against payment.
6.1 Subject to the following subparagraph (2), FKC shall only be liable for losses caused intentionally or with gross negligence by FKC, its legal representatives or assistants in performance. 6.2 FKC’s liability for death, personal injury or damage to health shall remain unaffected. Further, FKC shall be liable for losses caused by the breach of its primary obligations by FKC, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the agreement, which were decisive for the conclusion of the agreement and on the performance of which the customer may rely. If FKC breaches its primary obligations through simple negligence, then FKC’s liability shall be limited to the amount which was foreseeable by FKC at the time the respective service was performed. 6.3 Any further liability of FKC shall be excluded.
7.1 The membership fee of 600 EURO excl. VAT is paid in advance for the current year. The fee is due upon on receipt of the invoice (typically January of each calendar year) and renewed on an annual basis. 7.2 Members joining after Aug. 1st of each calendar year pay one third of the membership fee for the remaining year. 7.3 Termination of membership requires written notice (email is sufficient) by October 31st of each calendar year. 7.4 FKC reserves the right to cancel a membership at any time for cause not granting any right to refund. 7.5 Membership fee is not subject for refund under any conditions, including events such as liquidation or insolvency of the business.
Court of Jurisdiction and place of performance is the relevant court in Berlin to the extent permitted by law. Contractual relationships with FKC are subject exclusively to German law, excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods).