Definitions and interpretation
collectively all information that you submit to via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws
any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in Luxembourg;
the General Data Protection Regulation (EU) 2016/679;
Mikro Kapital HK Limited, we or us
Mikro Kapital HK Limited, a company incorporated in Hong Kong with registered number 2596600 whose registered office is at Hong Kong, Room 20 Suite 2802 Admiralty Centre Tower 1, 18 Harcourt Road HK;
UK and EU Cookie Law
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you
any third party that accesses the Website and is not either (i) employed by and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to and accessing the Website in connection with the provision of such services; and
the website that you are currently using, https://plantago.capital, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
- the singular includes the plural and vice versa;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- "including" is understood to mean "including without limitation";
- reference to any statutory provision includes any modification or amendment of it;
For purposes of the applicable Data Protection Laws, Mikro Kapital HK Limited is the "data controller". This means that Mikro Kapital HK Limited determines the purposes for which, and the manner in which, your Data is processed.
Children Under the Age of 18
4. Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Website, submit any financing applications or materials through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a person under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at email@example.com.
How we collect Data
6. We collect Data in the following ways:
- data is given to us by you;
- data is collected automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies.
Data that is given to us by you
7. Mikro Kapital HK Limited will collect your Data in a number of ways, for example:
- when you contact us through the Website, by telephone, post, e-mail or through any other means;
- when you register with us and set up an account to receive our products/services;
- when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
- when you enter a competition or promotion through a social media channel;
- when you elect to receive marketing communications from us;
- when you use our services;
Data that is collected automatically
8. To the extent that you access the Website, we will collect your Data automatically, for example:
- we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
- we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".
Our use of Data
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products / services;
- transmission by email of marketing materials that may be of interest to you;
- contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
- To present our Website and its contents to you.
- To provide you with information, products or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
10. We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you.
11. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
12. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
- soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
- for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
- if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
13. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
14. We may use your Data to show you adverts and other content on other websites. If you do not want us to use your data to show you adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed "Cookies" below).
Who we share Data with
15. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them (for example, to process financing applications).
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Mikro Kapital HK’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Mikro Kapital HK Limited about our Website users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Mikro Kapital HK Limited, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Keeping Data secure
17. We will use technical and organisational measures to safeguard your Data, for example:
- access to your account is controlled by a password and a user name that is unique to you.
- we store your Data on secure servers.
- payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology.
18. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: firstname.lastname@example.org.
19. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
20. We store and process your personal data only as long as needed for the respective purpose. Moreover, data is stored and processed only if required for another purpose, such as to comply with legal requirements (such as retention obligations under tax or commercial laws). In this case, we limit further data processing to this purpose and the legal basis of further processing. Legal basis for the processing of data is performed on the following legal bases: Data processing for contract fulfillment: Article 6 Section1 b) GDPR. Data processing based on your consent: Article 6 Section1 a) GDPR. Data processing for the pursuit of legitimate interests: Article 6 Section1 f) GDPR. Data processing for compliance with legal requirements: Article 6 Section1 c) GDPR Storage by providers in third-party countries "Appropriate safeguards" as defined by Art. 46 GDPR when using service providers as set forth in the section "Recipients of personal data" are provided by standard data protection clauses as approved or adopted by the European Commission, binding corporate rules, or similar instruments. Rights of data subjects: As a data subject affected by data processing, you have the right to information (Art. 15 GDPR), rectification (Art. 16 GDPR), data erasure (Art. 17 GDPR), restriction of processing (Art. 18 GDPR) and data portability (Art. 20 GDPR). Right to object For reasons relating to your particular situation, you have the right to file an objection at any time to processing of your personal data based on Art. 6 Section 1 e) GDPR (data processing in the public interest) or Art. 6 Section 1 f) GDPR (data processing based on a consideration of interests). If you file an objection, we will continue to process your personal data only if we can document mandatory, legitimate reasons that outweigh your interests, rights and freedoms, or if processing is for the assertion, exercise or defense of legal claims. To exercise your right of objection send us an email to email@example.com.
21. You have the following rights in relation to your Data:
- Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
- Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
- Right to erase - the right to request that we delete or remove your Data from our systems.
- Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
- Right to data portability - the right to request that we move, copy or transfer your Data.
- Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
22. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: firstname.lastname@example.org.
23. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority.
24. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Transfers outside the European Economic Area
25. Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. We also share information with our group companies, some of which are located outside the EEA.
26. We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
27. To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
Links to other websites
Changes of business ownership and control
30. We may also disclose Data to a prospective purchaser of our business or any part of it.
31. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Fraud prevention and identification check
32. Mikro Kapital HK Limited checks your personal customer data against sanction lists and compliance lists within the framework of legal requirements and within its own legitimate interests. For fraud prevention purposes, Mikro Kapital HK Limited carries out an identity check which is done by our service provider Sum and Substance Limited, incorporated and registered in England with company number 09688671, whose registered office is at 80 Wood Ln Central Working White City London W12 0BZ, as part of a manual reconciliation process. If you decide to validate your ID card via our Website, the images you have taken of your driving license/ID card and the portrait picture you have taken yourself will be collected and processed for the purposes of validating your driving license/ID card. The driving license data/ID card are read out electronically from the pictures of your driving license/ID card you have taken, and the pictures of your face are compared with the driving license/ID card pictures (face match). These images are stored as permanent proof of driving license/ID card control. These image files are verified by our service provider Sum and Substance Limited, incorporated and registered in England with company number 09688671, whose registered office is at 80 Wood Ln Central Working White City London W12 0BZ, as part of a manual reconciliation process.
More information of third parties involvement
33. Mikro Kapital HK Limited uses external IT service providers who provide server infrastructure, IT maintenance tasks or extensive IT solutions (such as cloud services) and software solutions on behalf of Mikro Kapital HK Limited. Mikro Kapital HK Limited uses external service providers for invoice archiving purposes. Governmental authorities, courts, external advisors, and similar third parties that are public bodies or other authorized third parties, provided that the facts described above are present (e.g. administrative offences or a legal obligation to provide information or account suspension due to unauthorized use). For the organization of marketing activities and promotions, personal customer data are partly transferred to service providers used for these purposes. Mikro Kapital HK Limited uses external service providers for market research purposes. Mikro Kapital HK Limited transfers your personal data to shipping companies if processing is required for communication by post. Mikro Kapital HK Limited uses external service providers to provide our customer service. For this purpose, personal customer data is transferred to these service providers. Mikro Kapital HK Limited processes your data in countries where the EU Commission has established an adequate level of data protection. In the following cases, processing takes place in countries where the EU Commission has not established an adequate level of data protection. We have ensured an adequate level of data protection by providing for appropriate safeguards, in particular, by entering into agreements with the recipients of personal data based on so called EU standard contractual clauses issued by the European Commission pursuant to Art. 46 para. 2 GDPR.
35. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
36. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
37. The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer.
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
38. As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
38. The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
39. This Website may place the following Cookies:
- Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
- Analytical/performance cookies: They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies: These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies: These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
40. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
41. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
42. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
43. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
47. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
48. This Agreement will be governed by and interpreted according to the law of Luxembourg. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the Luxembourg courts.