The protection of your data is a top priority for our team at Foundamental. We therefore exclusively process your personal data in compliance with the terms of this Privacy Policy as well as the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). We may offer links to third-party services on our website. However, we are not responsible for the processing of your data by these services.
This Privacy Policy pertains to data processing by all our office locations.
Foundamental Management GmbH
Represented by its directors
Patric Hellermann, Shubhankar Bhattacharya
Budapester Str. 5
10787 Berlin
Germany
Phone: +4915221482769
Email: hello@foundamental.com
Registration No.: HRB 220138 B
VAT No.: DE344168764
The data protection officer can be reached at:
Foundamental Management GmbH
Data Protection Officer
Budapester Str. 5
10787 Berlin
Germany
Email: dataprotection@foundamental.com
If you would like to get in touch with us, you can send us an email to hello@foundamental.com.
Depending on your request, we collect the following information:
The processing of personal data is based on our legitimate interest in the response of your request pursuant to Art. 6 (1), sentence 1, lit. f, GDPR. Moreover, if you would like to send us a request for funding, we need the following data:
The above-mentioned data is collected in order to:
If you would like to send us a request for funding, your data is processed in response to your request and processing is required pursuant to Art. 6 (1), sentence 1, lit. b, GDPR for the above-listed purposes to ensure adequate service and for the mutual fulfillment of obligations arising from a possible contract. If you do not provide these data, we cannot decide about your request.
We will also process your data if and to the extent necessary to comply with our legal obligations, such as duties arising from legislation on tracing profits from serious criminal offenses (German Anti-Money Laundering Act). The legal basis for this processing of personal data is Art. 6 (1), sentence 1, lit. c, GDPR.
If, in the course of a contractual relationship, it should become necessary to defend ourselves against liability claims, or if we need to follow up with one of our clients with regard to any outstanding invoices, the associated necessary processing of personal data is based on our legitimate interest in the adequate defense of our legal position pursuant to Art. 6 (1), sentence 1, lit. f, GDPR.
The personal data we collect in the context of contractual relationships will be stored for as long as we need it for the purposes for which it was collected and will then be deleted, unless we are obligated to comply with longer storage requirements due to retention and documentation duties based on tax and trade law (from the German Commercial Code (HGB), German Value Added Tax Code (UStG) or German Revenue Code (AO)) pursuant to Art. 6 (1), sentence 1, lit. c, GDPR, if further processing is required due to ongoing legal disputes, or if you have consented to further storage pursuant to Art. 6 (1), sentence 1, lit. a, GDPR.
If we process your data based on your consent, we will inform you in advance of the scope of this consent. You can revoke such consent at any time with future effect, whereby the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
When you access our website, the browser deployed on your terminal device will automatically send information to our website server. This information is temporarily saved in a so-called log file. In this process, the following information will be collected without any action on your part and stored until its automated deletion:
The above-listed data will be processed by us for the following purposes:
The legal basis for the processing of personal data is Art. 6 (1), lit. f GDPR. Our legitimate interest is derived from the above-listed purposes for data collection. We generally do not use collected data for the purpose of drawing conclusions about your person. However, we reserve the right to do so if required to investigate improper page access.
Our website uses so-called “cookies” on the basis of Art. 6 (1), lit. f GDPR. A “cookie” is a file that stores certain information related to the device on the user’s access device (PC, tablet, smartphone, etc.). If our website is accessed by the user’s corresponding device, the server of our website receives information back from cookies. The server can evaluate the information stored in the cookie in various ways. You can use the settings in your browser to allow or deactivate cookies. However, not all functions of our website may be available if you deactivate cookies. We use a technically necessary cookie in order to store the information whether you have given your consent to the use of cookies and embedded tools via our cookie banner.
We use Mailchimp, a service of The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA for sending our newsletters and informing you about news and updates relating our company. Mailchimp is working on our behalf as a data processor. You can find more information about privacy and GDPR-compliance of Mailchimp at https://mailchimp.com/gdpr/ and at https://mailchimp.com/legal/privacy/.
We will only process your personal data such as your name and e-mail address for this purpose with your consent, which you give by entering your e-mail address in the corresponding field and submitting the request or in connection with the conclusion of contracts. Legal basis of this processing is Art. 6 (1), lit. a GDPR as well as Art. 49 (1), lit. a GDPR. The consent can be revoked at any time.
Based on the consent of website visitors, this website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses cookiesThe information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under this link.
In view of the discussion about the use of analysis tools with complete IP addresses, we would like to point out that this website uses Google Analytics only after the previously granted consent and with the extension “_anonymizeIp()” and therefore IP addresses are only processed in abbreviated form in order to exclude a direct personal reference. Especially for browsers on mobile devices, please click this link to prevent the anonymized collection by Google Analytics on this website for your browser by means of a so-called “opt-out cookie” in the future.
In detail, these are the following cookies:
The legal base of this processing is Art. 6 (1), lit. a GDPR as well as Art. 49 (1), lit. a GDPR.
In order for you to watch videos of content, we have integrated videos from YouTube into our website. YouTube is operated by Google Ireland Limited Gordon House, Barrow Street, Dublin 4, Ireland. We use the “extended data protection mode” offered by YouTube. Video content is only loaded via the specially secured domain www.youtube-nocookie.com. This means that no cookies are set and YouTube cannot load any advertisements. More information about data protection on YouTube can be found at https://policies.google.com/privacy.
Our pages contain functions of the service X from the company Twitter International Unlimited Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland.
Each time one of our pages containing X functions is accessed, a connection to Xservers is established. X is informed that you have visited our website with your IP address and further data may be transmitted. If you are logged in to your X user account, the transmitted data can also be associated with your user account. If you do not want X to be able to associate your visit to our pages with your user account, please log out of your X user account.
X uses cookies after your consent to provide its services.
You can find more information on data processing by X at https://twitter.com/de/privacy.
The legal basis for the processing of personal data is Art. 6 (1), lit. f GDPR. Our legitimate interest is to inform you about news and updates relating our company, to be able to provide you with a user-friendly website that is adapted to your needs, as well as for marketing purposes.
Our pages contain functions of the service LinkedIn from the company LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland.
Each time one of our pages containing LinkedIn functions is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our website with your IP address and further data may be transmitted. If you are logged in to your LinkedIn user account, the transmitted data can also be associated with your user account. If you do not want LinkedIn to be able to associate your visit to our pages with your user account, please log out of your LinkedIn user account.
LinkedIn uses cookies after your consent to provide its services.
You can find more information on data processing by LinkedIn at https://www.linkedin.com/legal/privacy-policy.
The legal basis for the processing of personal data is Art. 6 (1), lit. f GDPR. Our legitimate interest is to inform you about news and updates relating our company, to be able to provide you with a user-friendly website that is adapted to your needs, as well as for marketing purposes.
We use Key CDN, a service of proinity LLC, Reichenauweg 1, 8272 Ermatingen, Switzerland as a content delivery network that caches parts of our website to improve worldwide load times. Proinity is working on our behalf as a data processor. You can find more information about privacy and GDPR-compliance at https://www.keycdn.com/privacy.
The legal basis for the transfer of personal data is Art. 6 (1), lit. f GDPR, where our legitimate interest is to be able to provide you a secure, technically optimized and user-friendly website, as well as Art. 45 GDPR, since an adequate level of data protection is guaranteed by the Commission’s Adequacy Decision in the case of data transfers to Switzerland.
In order to display videos, presentations and screenshots and to optimize the user experience of our website we use Loom and Pitch. These tools are provided by Loom Inc., 85 2nd Street Floor 1, San Francisco, CA 94105, USA and Pitch Software GmbH, Joachimstraße 7, 10119 Berlin, Germany.
The tools use cookies after your consent to provide their services.
Data processing is carried out based on Art. 6 (1), lit. f GDPR as well as Art. 45 GDPR for the transmission to Loom, since an adequate level of data protection is guaranteed by the Commission’s Adequacy Decision in the case of data transfers to the USA. Our legitimate interest is to be able to provide a technically optimized and user-friendly website and to ensure the security and performance of our systems.
More information about data protection can be found at https://www.loom.com/privacy-policy and https://pitch.com/privacy-policy.
This website uses Sprig. The provider is Sprig Technologies, Inc., 140 2nd St., San Francisco, CA 94105, USA. Sprig is a tool for analyzing user behavior on this website and to obtain direct feedback from website visitors. This tool serves to improve and optimize our web offerings.
Sprig uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.g. cookies) after your consent.
Data processing is carried out based on Art. 6 (1), lit. f GDPR as well as Art. 45 GDPR, since an adequate level of data protection is guaranteed by the Commission’s Adequacy Decision in the case of data transfers to the USA. Our legitimate interest is the analysis of user behavior in order to optimize both our website and our advertising, in particular to be able to provide a technically optimized and user-friendly website and to ensure the security and performance of our systems.
Further information about Sprig and the data collected can be found in Sprig’s privacy policy under the following link: https://sprig.com/privacy-policy.
You can withdraw your consent you gave to us by choosing one of the options mentioned below:
Your current state: Allow all cookies (Necessary, Preferences, Statistics, Marketing).
Change your consent | Withdraw your consent
The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
For the administration of cookies we use Cookiebot, a service of Cybot A/S Havnegade 39, 1058 Copenhagen, DK. Cookiebot provides the Cookie-Banner for us as a hosted software as a service application. The legitimation is based on Art. 6 (1), lit. f GDPR. Our legitimate interest is to provide our website complying to data protection laws. Further details you can find in the Privacy Policy of Cookiebot at https://www.cookiebot.com/de/privacy-policy/.
Your personal data will be disclosed to the service providers mentioned in section 5 to 12 of this Privacy Policy.
Moreover, we maintain contracts with IT service providers as well as infrastructure and platform service providers and marketing and market research service providers which process your data on our behalf. The legal basis for this data processing is Art. 6 (1), lit. f GDPR. Our legitimate interest is to guarantee reliable and safe data processing for the performance of our activities and the management of our company and provide you with a user-friendly website that is adapted to your needs with the support of professional service providers as well as optimization of our business and marketing activities.
We have concluded adequate data processing agreements with all parties mentioned above and we ensure that the necessary guarantees according to Art. 44 ff. GDPR are respected in order to ensure an adequate level of data protection where services providers or servers of services providers are located outside the EU/the EEA.
You have the following rights:
To the extent your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1), lit. f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR on grounds relating to your particular situation. To exercise this right to object, it is sufficient to contact our Data Protection Officer via the contact details as mentioned above. Please see also sec. 4 ff. of this Privacy Policy for tracking technologies.
Insofar nothing else is explicitly stated above we process and store personal data only for the period, which is required to meet the purpose of processing, or as long and to the extent as statutory laws require us to process and/or store such data.
If the purpose of processing does not apply anymore or the applicable statutory retention requirement expires, we will as a matter of routine erase data or restrict the processing of data in accordance with the applicable statutory laws.
Sustainability-related disclosures pursuant to Regulation (EU) 2019/2088 (“SFDR”)
Date of update: [•] (explanation of amendments: linguistic adjustments and adjustments to reflect the evolving market practice as well as recent guidance from European institutions)
I. Sustainability risks
Sustainability risks are environmental, social or governance events or conditions, the occurrence of which could have an actual or potential material adverse effect on the value of an investment of Foundamental Management GmbH (the “Manager”, LEI: 391200OL7MR0CLUFJO87) considers sustainability risks as part of the due diligence process prior to any investment. This also includes an assessment of sustainability risks. Such assessment is being conducted through an informal process as appropriate in light of the circumstances of the individual case. The results of such assessment are taken into account on a non-binding basis prior to taking any investment decision, provided that the principle of proportionality shall at all times be respected in dealing with sustainability risks taking due account of the strategic relevance of an investment as well as its transactional context.
II. No consideration of adverse impacts of investment decisions on sustainability factors
Sustainability factors are environmental, social and employee concerns, respect for human rights and the fight against corruption and bribery. The Manager does not consider adverse impacts of investment decisions on sustainability factors. Also, no sustainability indicators as listed in Annex I of the Regulatory Technical Standards (C(2022) 1931 final, “RTS”) are currently being used.
The Manager pursues an active investment strategy with a focus on assets in the construction sector. The burden associated with considering adverse impacts on sustainability factors (particularly if sustainability indicators are used) would be disproportionate in light of the rather limited relevance we expect such impacts to have in the context of the Manager’s investment strategy. Moreover, given that the SFDR, the Regulation (EU) 2020/852 (“Taxonomy”) and the accompanying RTS are still quite new legislative acts, there is very little or no practical experience or practice with regard to applying their respective provisions. Therefore, substantial legal uncertainties would remain when applying those provisions to the strategies pursued by the Manager. What is more, the Manager’s funds will only hold minority interests in their portfolio companies. Such minority interests are, however, generally not sufficient to encourage the funds’ portfolio companies to collect and provide the relevant data. If and to the extent that these uncertainties will be resolved and a practicable market and administrative practice will evolve in this regard, the Manager will re-evaluate following them in due course.
III. Remuneration disclosures
As a registered alternative investment fund manager within the meaning of section 2 (4) of the German Investment Code (Kapitalanlagegesetzbuch, “KAGB”), the Manager does not have and does not need to have a remuneration guideline or policy in accordance with the requirements of the KAGB. Sustainability risks are not considered with respect to the determination of the remuneration.