Vauban Legal Information & User Agreements:

Vauban Technologies Limited’s (“Vauban”) user agreements and legal information (collectively “Terms”) are composed of:

•1) Terms of Service;
•2) Privacy Policy, and;
•3) Cookies Policy.

These Terms apply to and across all information and data collected through our website and our platforms and/or related and auxiliary services, sales, marketing, events or communication.

1) Terms of Service

1A) Introduction

For Vauban to provide its Services through its websites, platforms, apps, software and features, we need to obtain your express consent to our Terms of Services. You agree to our Terms by registering for, or accessing and using our website, platform, apps, software and features.

1B) Our Services

Vauban provides the services described below to you.

  • Fund Formation
  • Fund Administration
  • Digital Dashboard: The digital dashboard serves as the platform used by fund managers and their investors to access the operational part of running an alternative investment fund.
  • Informational and Educational Materials: Articles, materials, documentation, brochures and literature serving as informational and educational purposes.
  • Continual Self-Auditing and Appraisal of Our Platform and Services: Vauban takes a digital-first approach to its Services. As such, it has a significant interest in auditing and appraising the performance and functionality of the platforms and Services.
  • Privacy, Security, Transparency: Vauban holds itself to a high standard in terms of privacy, security and transparency, and takes a bank-grade approach to ensuring that data uploaded and generated is kept secure.
  • Achieving a Seamless Experience Through Our Partners, and Affiliated Companies: Vauban works with its subsidiaries, affiliates, third-party service providers, consultants and contractors to provide its Services.

1C) Use of Our Services

Registration: You must register for our Services using accurate information. Where such information is no longer accurate, you will update the Services with accurate information. You agree to receive communications (using methods such as email, text messages and phone calls) from us or our third-party service providers to register and use our Services.

Hardware and Software: You must provide certain hardware, software and data connections to use our Services, without which we are unable to supply our Services. To use our Services, you consent to automatically or manually download and install updates to our Services. You consent to us sending you notifications via our platform and other Services, as it is necessary to provide our Services to you.

1D) User Data and Privacy Policy

Vauban's Privacy Policy outlines our data usage and retention practices, including the types of information that is collected and stored from you, how it is used and shared, and your rights in relation to the processing of such data.

The Privacy Policy outlines the legal bases for our processing of user data, including the collection, usage, processing and sharing of such information, along with the transfer and processing of such data to other countries where our infrastructure, affiliates and third-party services providers are located, regardless of where the user is using our Services.

1E) Use of Vauban’s Services

Terms. Use of Vauban’s Services is subject to our Terms. Where it is violated, Vauban may take action with regards to the account. This may include disabling, suspending or deleting the account.

Ensuring the Account is Secure. Users and customers are responsible for ensuring that the hardware that they use for accessing the Services, and the authentication credentials for their Services-linked accounts, are secure. Where there is a security breach or unauthorised use of the account, you must inform Vauban promptly.

1F) Third-party Service Providers, Affiliates and Auxiliary Services & Platforms

Vauban’s Services may integrate or allow access to the platforms and services of third-party service providers, affiliates and auxiliary services & platforms. Where this is the case, their Terms and policies will govern the use of such services.

1G) Licences

Your Rights. Vauban does not claim ownership of information submitted to or received by its Services. You must have the requisite rights to the information submitted, and/or the right to grant the rights and licences in the Terms.

Vauban’s Rights. Vauban owns all intellectual property (including but not exclusive to: Copyrights, trademarks, logos, wordmarks, domain names, patents, trade secrets) unless expression permission is granted.

Your Licence to Vauban. For Vauban to operate its Services, you grant Vauban a global, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, create derivative works of, display and perform the information that you have transmitted and/or uploaded through our Services.

Vauban’s Licence To You. Vauban grants you a limited, revocable, non-exclusive, non sub-licensable and non-transferable licence to use our Services, subject to our Terms.

1H) Disclaimers

In no event shall Vauban be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services or the contents of the Services.
Vauban reserves the right to make additions, deletions, or modification to the contents of the Services at any time without prior notice.

It is expressly agreed by each of the Parties that Vauban only functions as an agent for the formation of alternative investment funds, and any contractual relationship formed (subject to executed and signed legal documentation) between you and Vauban is that of principal-and-agent.

If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, the Terms is to be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such a modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification of a provision or part-provision under this clause shall not affect the validity and enforceability of the remainder of the Terms.

A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

The Terms shall be governed by and construed in accordance with the laws of England. Each of the Parties submits to the exclusive jurisdiction of the English courts.

1I) Liability Limitation

Vauban will not be liable for breach-of-contract damages suffered by the other party that are remote or speculative, or that could not have reasonably been foreseen on entry into the Terms. Vauban's liability under this agreement will not exceed the fees paid by you during the 12 months preceding the date upon which the related claim arose.

1J) Indemnification

Where a third-party brings a claim against Vauban related to your actions or omission, information or content on/via our Services, you will indemnify and hold Vauban against all such liabilities, damages, losses and costs stemming from and in relation to that claim or lawsuit.

2) Privacy Policy

2A) Introduction

Vauban must collect or receive information to provide and operate our Services. The types of information and data collected and retained are dependant on how users use our Services. Where such information is no longer accurate, you will notify us of such changes, and update the Services with accurate information.

2B) Information Disclosed to and/or Collected and Retained by Vauban

Vauban collects information that is provided on a voluntary basis when registering for and/or using our Services, and/or contacting us on our Live Chat and email enquiries form. Such information can include but is not exclusive to:

Account Information and Identity: Identity-related and account information will be collected as part of the account registration process, and maintained whilst the account is active.

Authentication Credentials: Security information and authentication credentials, such as passwords, recovery questions, two-factor details, are collected for authentication and usage purposes.

Supplemental Documentation for KYC/AML Purposes: To comply with international Anti-Money Laundering and Know-Your-Customer regulations, details and supporting documents will be collected as part of the onboarding process. This information will be kept confidential and only shared with the directors of the legal entities that you are connected with. Such information may be shared with third-parties (such as banks and financial institutions) with the user’s consent, in order to expedite processes (such as bank account opening).

Payments Data: Payments data and bank details are collected to process payments for purchases, payments, transfers and wires, and for other financial operations such as investor subscriptions and redemptions. Such data is stored securely by Vauban and its affiliates and third-party service providers.

2C) Information Passively and/or Automatically Collected and Retained by Vauban

Certain information and data are passively and/or automatically collected and retained when you navigate, visit or use our Services. This information is primarily needed to maintain the security and operation of our Services, and for auditing and appraising our platform and Services. This includes the use of technologies such as cookies, for analytics and reporting.

2D) Information Collected From Other Sources

Certain information and data may be collected and retained from other sources and third-parties. This includes information from search engines, public databases and marketing partners.

2E) Information and Data Usage by Vauban

Information and data collected during the use of and through our Services are used for a number of business purposes. This information and data are used for such purposes in reliance on our legitimate business interests (“Business Purposes”), to enter into or perform obligations and actions under a contract with you and our affiliates and third-party service providers (“Contractual Purposes”), with your consent (“User Consent) and/or for compliance or in pursuance of our legal obligations (“Legal Purposes”). Processing scenarios include but are not limited to:

•Account registration and usage with User Consent. Information and data may be used as part of processes, such as user onboarding, for the KYC/AML procedure(s), for processing investor subscriptions and redemptions and for the generation of legal contracts and agreements.
•To send administrative, operational and financial information to you for Contractual Purposes and Business Purposes. Information and data may be used to send service, platform-related, product, website, app and new feature information, and/or information about changes to our Terms.
•Fulfill and manage payments and transactions for Contractual Purposes. Information and data may be used to manage payments and transactions, investor subscriptions and redemptions, payments for fund formation and fund administration services, as part of our Services.
•Request feedback on our Services for Business Purposes. Information and data may be used to request feedback and to contact users about the use of our Services.
•To send you marketing and promotional communication for Business Purposes. Vauban, its affiliates and our third-party service providers may use the personal information collected for marketing purposes, provided that it is in accordance with your marketing preferences. An opt-out option for marketing communication is available.
•To deliver advertising to you for Business Purposes. Information and data may be used (with or without third-party service providers) as part of advertising campaigns.
•To protect our Services for Legal Purposes and Business Purposes. Information and data may be used as part of our compliance and security-related efforts to protect our Services and ensure that it is secure and safe.
•To enforce our Terms for Legal Purposes.
•To respond to legal requests and regulatory enquiries for Legal Purposes. Where subpoenas, court orders and other similar or related enquiries of such nature are received, information and data related to the request will need to be examined in order for us to determine our response.

2F) Information Sharing

Information and data collected and retained during the use of and through our Services will only be shared in the following scenarios:

  • Compliance with Laws and Regulatory Frameworks: Such information may be disclosed where we are under a legal obligation to do so, in order to comply with national and international laws, government requests, judicial proceedings, court orders or legal processes or subpoenas.
  • Vital Interests and Legal Rights: Such information may be disclosed where we believe it is in our vital interests and/or within our legal right to do so. Scenarios include where it is necessary to investigate, prevent or take action for violations of our Terms, suspected fraud or illegal activities, behaviour contravening our AML/KYC policies or for procuring information requested/supplied during the course of litigation that we are a party to, or situations where there are potential threats to the safety or integrity of a natural person(s).
  • Vauban’s Affiliates, Third-party Service Providers, Vendors, Consultants and/or Contractors: Such information may be shared or disclosed with third-party service providers, our affiliates, vendors, consultants or contractors who we work with in providing the Services.
  • With your Consent: Such information may be disclosed for other purpose(s) with your consent.
  • Business Partners: Such information may be shared or disclosed with our business partners to offer new services, products and promotions or in conjunction with our Services.
  • Business Transfers: Such information may be shared or disclosed during the course of, or in preparations for a merger, disposition of company assets, obtaining of financing or in the acquisition of all or a part of our business to another company or entity.

2G) Technologies Used for Auditing and Appraising Our Platform and Services

Technologies such as cookies are used for the purposes of auditing and appraising our platform and Services. Details of such use is outlined in our Terms, and in our Cookies Policy.

2H) Information and Data Storage, and Such Transfers

Our infrastructure for our platform and Services are located in Paris, France. Users and customers that access our Services from a jurisdiction outside Paris, France should be aware that information and data collected, retained and processed may be collected, retained, transferred and processed by Vauban, its affiliates and third-party service providers in Paris, France and other locations and jurisdictions.

Vauban Technologies Limited complies with the U.S. Department of Commerce’s EU-U.S. Privacy Shield Framework, which covers the collection, use, transfer and retention of personal information from the European Union to the United States, and has obtained certification of its compliance with this framework.

Vauban Technologies Limited is committed to subjecting all information and data received from European Union member states, in accordance to the EU-US Privacy Shield Framework, to its applicable principles and rules.

Vauban Technologies Limited is responsible for the processing of information and data that it receives under the EU-US Privacy Shield Framework, and for transfers to third-parties that act as an agent of Vauban Technologies Limited.

Vauban Technologies Limited is, for information and data received or transferred under the EU-US Privacy Shield Framework, subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

2I) Retention Period

Vauban will retain such information and data for as long as it is necessary for the purposes as set out in the Terms, unless a longer retention period is required by law or regulatory frameworks (such as for AML/KYC purposes, legal, accounting or governance-related factors).

2J) Security and Safety of Information and Data

Vauban has a sophisticated and industrial setup for ensuring the security and safety of information and data that has been received, collected and retained. This is outlined in our Security Policy as part of our Terms. However, where the user’s device itself or account credentials is compromised and/or leaked, this may undermine the protections of the security measures and systems put in place by Vauban.

2K) Minors’ Information and Data

Vauban’s target audience are fund managers and their investors. As such, we do not market to or request data to individuals under 18 years of age. Where information and data is collected or received by such individuals and Vauban is made aware of this, the account will be deactivated, and information and data associated with the account will be deleted. Users and customers that register for, and use our platform and Services represent that they are at least 18 years of age.

2L) Rights Conferred by Regulation (EU) 2016/679 and CA Civil Code § 1798.83

Regulation (EU) 2016/679 confers certain rights for individuals and residents located in the European Union and the European Economic Area. Such rights include: The right to be informed; The right to access; The right to rectification; The right to erasure; The right to restrict processing; The right to data portability; The right to object; Certain rights in relation to automated decision-making and profiling. Users and customers can withdraw consent at any time, where Vauban is relying on consent to process information and data. However, this will not impact the lawfulness of the processing before such a withdrawal. Inquiries and complaints in relation to this legislation and the rights that it confers should be directed to Vauban’s Data Protection Officer.

CA Civil Code § 1798.83 confers certain rights for individuals and residents located in California. Requests, inquiries and complaints made under CA Civil Code § 1798.83 should be directed to Vauban’s Data Protection Officer.

2M) Account Deactivation

Reviewing or changing account details: Account details can be reviewed and/or changed by logging in to the Services.

Terminating account: Where a request for an account termination is received, the corresponding account will either be deactivated or deleted. However, certain information and data may be retained for legal, compliance or regulatory-related reasons.

Rejecting technologies used for auditing/appraising our Services: The hardware used for accessing the Services may be set to reject the technologies (such as cookies) used for auditing and appraising our Services. However, this setting may affect and disrupt the functionality of our Services.

Reviewing or changing preferences for email marketing: User preferences for email marketing can be reviewed or changed by clicking the corresponding link in the footer of the emails sent for the purposes of marketing. However, Service-related emails that are necessary for the provision of the Services cannot be opted out of.

2N) Updates to the Terms and the Privacy Policy

The Terms and the Privacy Policy may be updated. Where they are updated, the updated version will be effective as soon as it is accessible. Where material changes are made, users/customers may be notified through our Services or by directly sending notice.

2O) Data Protection Officer

Vauban Technologies Limited
Ulric Musset
ulric at vauban.io

3) Cookies Policy

Vauban takes a digital-first approach to its Services. As such, it has a significant interest in auditing and appraising the performance and functionality of the platforms and Services. Technologies, such as cookies, are used for such purposes. The hardware used for accessing the Services may be set to reject such technologies. However, this setting may affect and disrupt the functionality of our Services.