The protection of personal data and the responsible handling of information that you entrust to us are important and special concerns for us. Linus Digital Finance AG only processes personal data in accordance with the statutory regulations, in particular Regulation (EU) 2016/679 (General Data Protection Regulation, "DSGVO") and the Federal Data Protection Act (BDSG).
In the following, you will find the legally required information pursuant to Art. 13 DSGVO as well as explanations on your rights as a data subject of such data processing pursuant to Art. 12 et seq. DSGVO in conjunction with §§ 32 ff. BDSG. Furthermore, we inform you at this point about the protection of your privacy on the terminal equipment you use within the meaning of Section 25 of the Telecommunications Telemedia Data Protection Act (TTDSG).
- the general use of our website (www.linus-finance.com, see 2)
- the use of the digital LINUS platform as a registered user (see section 3)
» the use of investment brokerage services of Linus Relationship Management GmbH (see 4)
» the purchase or subscription of investment solutions of the companies of the LINUS Group (see clause 5)
» in the case of direct advertising by our company (clause 6)
» visiting our presences in social media (clause 7)
» the application for a job (clause 8)
» as well as in the context of other business relationships, in particular with shareholders, real estate project developers, service providers and suppliers (see clause 9).
The responsible party for the data processing described below is Linus Digital Finance AG ("Linus", "we", "us", "our"), which you can reach at our postal address Alexanderstraße 7, 10178 Berlin, Germany, or by e-mail at [email protected].
data protection officer
The data protection officer of our company is:
Attorney Christian Putzar
PLANIT // LEGAL Rechtsanwaltsgesellschaft mbH
E-mail: [email protected]
your data subject rights
As a data subject of our company's data processing, you have the right to obtain confirmation as to whether we are processing data related to your person and, if so, under the respective legal conditions, the right to information about this personal data (Art. 15 DSGVO), a right to rectification of your incorrect data (Art. 16 DSGVO), a right to deletion (Art. 17 DSGVO) and a right to restriction (blocking) of your data (Art. 18 DSGVO).
In the event that your personal data is processed on the basis of Art. 6 (1) (e) or (f) DSGVO, you may object to this processing under the conditions of Art. 21 (1) DSGVO for reasons arising from your particular situation.
You may object to the processing of your personal data for direct marketing purposes at any time and without giving reasons with effect for the future (Art. 21 (2) DSGVO).
If you have provided us with personal data, you may request the transfer of the data under the legal conditions (Art. 20 DSGVO).
If the processing is based on consent within the meaning of Art. 6 S. 1 Para. 1 lit. a) or Art. 9 Para. 2 lit. a) DSGVO, you may revoke your consent for the future at any time (Art. 7 Para. 3 DSGVO).
You have the right to contact the competent data protection supervisory authority (Art. 77 DSGVO).
If you have any questions or complaints regarding data protection at Linus Digital Finance AG, you can contact our external data protection officer at any time using the contact details provided above.
storage period and deletion of your personal data
We delete your personal data:
» as soon as they are no longer required for the processing purposes explained below,
» in the event of an objection pursuant to Art. 21 (1) DSGVO, no compelling reasons worthy of protection on the part of our company oppose the deletion, or
» in the event of a revocation of consent, there is no other legal basis for the processing.
If and as long as a deletion conflicts with legal retention obligations, we limit the processing of your data to this archiving purpose (so-called data blocking) and delete your data upon expiry of the retention period. Typical retention periods under German commercial and tax law are six years at the end of the year for business letters (including e-mails) and ten years at the end of the year for accounting-related transactions or records of communication in connection with investment brokerage by Linus Relationship Management GmbH.
categories of recipients of your data
Furthermore, we may transfer your personal data to the respective brokerage company or trust company of the LINUS Group for the purpose of fulfilling our obligations under the platform usage agreement concluded with you if the conditions explained in sections 3 to 5 of this data protection declaration apply.
Data transfers to third countries
We may transfer your personal data to recipients in countries outside the European Union ("EU") and the European Economic Area, in particular to the United States of America ("USA"). If, as in the case of the USA, the level of data protection there does not correspond to the level of data protection within the EU, we provide suitable guarantees within the meaning of Article 46 of the GDPR. This may include the agreement of EU standard contractual clauses and, if necessary, additional measures to ensure an adequate level of data protection.
Automated decision making
We do not process your personal data for automated decision-making that has legal effect on you or similarly significantly affects you.
2. Data processing during general use of our website
a) Internet connection data
You can use our website at www.linus-finance.com without registering as a user. In this case, we process the internet connection data that your browser automatically transmits to our server. This data is your IP address and other usage data (e.g. date and time of the call, name of the page called up, amount of data transferred and the requesting provider). We need this information to enable you to use our website, for example by adapting the website to the needs of your terminal device. The legal basis for this data processing is our legitimate interest in ensuring the security and usability of our website, Art. 6 para. 1 lit. f) DSGVO. We store the personal data in question for a period of twelve months.
Accesses and storage on your terminal device ("cookies")
We use tracking technologies on our website, in particular so-called "cookies". Cookies are text files that are stored on your terminal device. User-related pseudonymous data can be stored in these files and such information can be read.
When you access our website for the first time, we display a so-called cookie banner, which you can use to decide whether and which of the non-technical cookies you wish to accept. You can change your selection at any time in the cookie settings for the future. To access the cookie settings, please click on the following symbol at the bottom left of our website:
In certain cases, the storage of information in your terminal device or the access to information already stored in your terminal device is absolutely necessary so that we can provide you with our website for use ("Necessary Cookies"). In these cases, access to your terminal device takes place on the basis of Section 25 (2) (2) TTDSG. Insofar as this information has a personal reference and is processed by us in our IT systems, the legal basis for this data processing is our legitimate interest in providing our website and ensuring data security, Art. 6 para. 1 lit. f) DSGVO. If you are a registered user and the data processing serves the fulfilment of our obligations from the platform usage contract concluded with you, the legal basis is Art. 6 para. 1 lit. b) DSGVO.
We only use technically unnecessary cookies, i.e. cookies of the categories "preferences", "statistics" and "marketing" with your consent. With your consent, you agree both to the storage and reading of information in the respective cookies (§ 25 para. 1 TTDSG) and to the further processing of any personal data read out (Art. 6 para. 1 lit. a) DSGVO). We use preference cookies to display our website according to your user preferences. For such cookies, we store, for example, the information about which language you have selected. We use statistics cookies to analyse user behaviour on our website. We use marketing cookies to measure the success of our online advertising and to show you individually tailored display advertising for our company on third-party websites. For these purposes, we as well as the respective third party cookie providers may create usage profiles. Such usage profiles do not contain any clear personal data (e.g. not your name or e-mail address), but are subject to data protection law as pseudonymous data. For more information about the file names, storage duration, provider and category of the respective cookie, please refer to the cookie settings.
In particular, we use the third-party analytics and marketing tools described in more detail below. These third-party providers are based in or use servers in third countries outside the EU and the EEA, in particular in the USA. When deciding which cookies you wish to consent to, please bear in mind that the level of data protection in the USA and other so-called insecure third countries is not comparable to that in the EU. In the USA in particular, surveillance authorities can access your data without any reason and, if you are not a citizen of the USA, you currently have only very limited legal remedies against any access to your data. Although the EU Commission and the US government announced a "Trans-Atlantic Data Privacy Framework" in March 2022 as a new mechanism for US data transfers, this is not expected to be implemented until the end of this year.
With your consent to the setting of the relevant cookies, you consent to the storage and reading of information in/from the respective cookies (§ 25 para. 1 TTDSG), the further processing of any personal data read out (Art. 6 para. 1 lit. a) DSGVO) and a related transfer to third countries outside the EU or the EEA, in which no level of data protection exists (Art. 49 para. 1 lit. a DSGVO).
The data collected by Google Analytics is stored on Google servers in the USA. We have activated the IP anonymisation function on this website. This means that your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
Google Marketing Platform
We use services of the Google Marketing Platform (formerly "Google Doubleclick") of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA and use third-party cookies from Google for this purpose. A pseudonymous user ID assigned by Google is stored with these cookies, which enables Google to recognise the user. If you consent to the setting of these cookies on our website, your browser will automatically establish a connection to Google servers in the USA. Google can use this information to determine which advertisements, websites and parts of websites the user has accessed and to enrich pseudonymous user profiles with this information. If you are registered with a Google service, Google can associate your visit with your user account. Even if you are not registered with Google or have not logged in, it is possible that the provider will obtain and store your IP address. This data processing is done for the purpose of placing online advertising tailored to the user and to be able to track the success of advertising measures.
Facebook Pixel and Custom Audience
We use the so-called "Facebook Pixel" of the social network Facebook on our website, which is operated by Meta Platforms Ireland Limited (formerly Facebook Ireland Ltd.), 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Meta"). The Facebook pixel allows us to track the actions of users after they have seen or clicked on a Facebook ad. This allows us to track the effectiveness of Facebook ads for statistical and market research purposes. The tracking itself is done via cookie, not via the Facebook pixel itself. It is also possible to determine the visitors to our online offer as a target group ("Custom Audience") for the display of ads. Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in the topics or products defined by us). When using Custom Audience via the pixel method, a direct connection is established between the user's browser and the Facebook server. Context data (e.g. forwarding URL, browser information and the Facebook user ID) as well as user-defined data are transmitted to Meta. In addition, we cannot rule out the possibility that further personal data of users may be transmitted to Meta and processed by Meta. In this context, it is possible that Meta assigns the visit to our website to the corresponding Facebook account and identifies the user accordingly. For us, the collected data is anonymous, i.e. we do not see the personal data of individual users. Meta may also use this data for its own advertising purposes in accordance with Facebook's data policies. You may allow Meta and its partners to serve ads on and off Facebook. A cookie may also be stored on your computer for these purposes.
LinkedIn Insight Tag
LinkedIn Insight Tag
We use a pixel from the provider Outbrain UK Ltd, 5 New Bridge Street, London, EC4V 6JA, UK on our website. If you consent to this tracking on our website, the pixel establishes a connection to Outbrain's servers. In doing so, the data transmitted by your browser (e.g. your IP address) may be stored by Outbrain and also processed in so-called insecure third countries outside the EU or the EEA, in particular in the USA. The pixel serves the purpose of recording which pages of our website are called up. Outbrain provides us with corresponding statistical reports and heat maps. Further information on data processing by Outbrain can be found here.
We use pixels from the provider Twitter, Inc., 1355 Market Street Suite 900 San Francisco, CA 94103, USA on our website. These pixels are used to determine the number of visitors who access content on our website via Twitter ads (conversion tracking). If you consent to this tracking on our website, the pixels establish a connection to Twitter servers. In this process, the data transmitted by your browser (e.g. your IP address) may be stored by Twitter and also processed in so-called insecure third countries outside the EU or the EEA, in particular in the USA. You can find more information on data processing by Twitter here.
We embed videos from the Vimeo platform of Vimeo LLC, 555 West 18th Street, New York, New York 10011, USA on our website. In order to be able to statistically analyse which of these videos are accessed by users of our website, we use third-party cookies from this provider. Vimedo may use this information to create or enrich pseudonymous user profiles. Your data may also be processed by Vimeo in so-called unsafe third countries outside the EU or the EEA, in particular in the USA. Further information on data processing by Vimeo can be found here.
We integrate videos from the Youtube platform of Google Ireland Limited, Gordon House, Barrow Street, Dublin, Ireland, into our website.
Gordon House, Barrow Street, Dublin 4, Ireland. In order to be able to statistically analyse which of these videos are accessed by users of our website, we use third-party cookies from this provider. Google may use this information to create or enrich pseudonymous user profiles. Your data may also be processed by Google in so-called unsafe third countries outside the EU or the EEA, in particular in the USA. You can find more information about Google's data processing here.
3. data processing when using the LINUS platform as a registered user
In order to use the LINUS platform, you must register as a user under the terms of our platform usage agreement. This ensures that we have the regulatory information about you, that you receive the information relevant to your type of investor and that the confidentiality of information about LINUS investment solutions is maintained.
If you register on our website as a user of the LINUS platform, we collect your master data for the purpose of documenting the conclusion of the contract on the use of the platform and for setting up and providing your personal user account. Furthermore, we collect, store and process your contact data in order to be able to contact you by post, e-mail, telephone and SMS for the provision of our contractual services.
Following your registration, our employees will contact you using the data you have provided in order to conduct a so-called investor qualification call with you. This personal interview is regularly required for regulatory reasons and serves to discuss with you which investor type you are and which LINUS Group investment solution is suitable for you as an investor on the basis of this investor type qualification.
When registered users visit the login area, we also process information on the time of your last login, the documents you have downloaded and the project pages you have opened.
In order to fulfil our contractual obligations, we will send you information and documents on investment solutions, in particular so-called investment memoranda, from the trust or investment company or issuer of the LINUS Group by e-mail or text message and/or inform you of this by telephone for the duration of your contractual relationship.
We store the information you provide about yourself in a user profile in order to be able to send you information about the investment solutions of the Linus Group that are suitable for your type of investor. Your user profile may be enriched with further data in the course of your use of the platform, in particular data relating to the timing and amount of your investment.
We may collect and store your financial information (e.g. confirmation of sufficient assets; if applicable, confirmation that sufficient knowledge of investments is available; if applicable, bank statements or account balances; if applicable, excerpts from the commercial register) for the purpose of preparing future investments and the legitimacy checks required for this purpose (see sections 4 and 5).
When you make an investment, we process information about your bank details, the time and the amount of the investment.
We disclose your personal data to technical service providers that we use on the basis of order processing agreements in accordance with Art. 28 DSGVO. Furthermore, we may transfer your data to other companies of the Linus Group for the purpose of investment brokerage (see section 4) and your purchase of investments (see section 5).
The legal basis for this data processing is your contract on the use of the LINUS platform, Art. 6 para. 1 lit. b) DSGVO. We process your personal data for this purpose for the duration of your contractual relationship.
You can terminate your platform usage contract at any time without notice. The termination must be made at least in text form (§ 126 b BGB). Please send your notice of termination to your respective Relationship Manager.
4. Data processing when using brokerage services
If you wish to have an investment solution brokered by Linus Relationship Management GmbH, Alexanderstraße 7, 10178 Berlin (hereinafter referred to as the "brokerage company"), we will transmit to the brokerage company the data we have stored and which is required for the purpose of investment brokerage. The Intermediary Company will process your data for the purpose of fulfilling its obligations under the investment brokerage agreement it has separately concluded with you and transmit it to the respective issuer identified in the subscription certificate, Art. 6 (1) lit. b) DSGVO. This processing includes your master data, your contact data, your contractual data in relation to the investment you may have subscribed to as well as other personal data that may arise in the course of the implementation, management and settlement of your investment.
Furthermore, the brokerage company will process personal data relating to you on the basis of Art. 6 para. 1 lit. c) DSGVO for the purpose of the legally required verification of your identity and legitimacy. This processing includes the data required to identify you, to establish ownership and the beneficial owner and to clarify the economic background of your investment.
The data controller of these data processing operations is the intermediary company. It may transfer your personal data to service providers which it uses to provide its contractual services on the basis of order processing agreements pursuant to Art. 28 DSGVO.
Furthermore, the intermediary company may transfer the personal data it processes about you to Linus Digital Finance AG for internal administrative purposes. The legal basis for such a transfer is the legitimate interest of the LINUS Group companies in bundling and effectively using their organisational and technical resources, Art. 6 para. 1 lit. f) DSGVO in conjunction with. Recital 48 DSGVO.
5. data processing when acquiring capital investments of the LINUS Group
If you acquire a capital investment of a LINUS Group company as a co-investor, we will transmit your data required for the conclusion of the contract to Linus Treuhand GmbH & Co. KG, Alexanderstraße 7, 10178 Berlin (hereinafter referred to as the "trust company"). The Trust Company will process your data for the purpose of fulfilling its obligations under the separate trust agreement concluded with you, Art. 6 (1) lit. b) DSGVO. This processing includes your master data, your contact data, your contractual data relating to your investment and other personal data that may arise in the course of the implementation, management and settlement of your investment. The data controller for this data processing is the trust company.
The trust company will process personal data relating to you to Linus Capital Management GmbH, Alexanderstraße 7, 10178 Berlin (hereinafter referred to as the "capital management company") for the purpose of verifying your identity and legitimacy as required by law and for the fulfilment of further obligations under the Money Laundering Act. This processing includes data required to identify you, to establish ownership and the beneficial owner as well as to clarify the economic background of your investment. The legal basis for this data processing is Art. 6 para. 1 lit. c) DSGVO. The data controller for this data processing is the capital management company.
The trust company and the capital management company may transmit your personal data to service providers which they use on the basis of commissioned processing agreements in accordance with Art. 28 of the German Data Protection Regulation (DSGVO) to provide their contractual services or to fulfil their statutory obligations.
Furthermore, the trust company and the capital management company may transfer the personal data it processes about you to Linus Digital Finance AG for internal administrative purposes. The legal basis for such a transfer is the legitimate interest of the Linus Group companies in bundling and effectively using their organisational and technical resources, Art. 6 para. 1 lit. f) DSGVO in conjunction with. Recital 48 DSGVO.
6. Data processing for direct marketing purposes
We may process your contact data for direct marketing purposes within the meaning of Art. 21 (2) DSGVO.
Your telephone number will only be used for advertising purposes if you have consented to this in accordance with Art. 6 (1) a), Art. 7 DSGVO. We process your e-mail address for advertising purposes if you have consented to this in accordance with Art. 6 Para. 1 lit. a), Art. 7 DSGVO or, if the requirements of § 7 Para. 3 UWG are fulfilled, in order to pursue our legitimate interest in direct e-mail marketing to existing customers, Art. 6 Para. 1 lit. f) DSGVO. Insofar as we process your personal data for the purpose of postal advertising, this is done on the basis of our legitimate interest in postal direct advertising, Art. 6 para. 1 lit. f) DSGVO.
If you have consented to our processing your data for advertising purposes, you can revoke your consent at any time with effect for the future.
If you receive e-mail advertising from our company as an existing customer (Section 7 (3) of the German Unfair Competition Act (UWG)), you can object to this use at any time without incurring any costs other than the transmission costs according to the basic rates.
You are also free to object to our processing of your personal data for direct marketing purposes at any time and without giving reasons for the future (Art. 21 para. 2 DSGVO).
To send your revocation or your objection, please use our contact details mentioned above under point 1 lit. a). In the case of e-mail advertising, you can alternatively use the unsubscribe link contained in our e-mail advertising.
7. social networks, social media
LINUS maintains presence in the following social networks:
In this way, we provide information about ourselves and communicate with the respective users. This data protection declaration and our imprint also apply to the aforementioned online presences. If you contact us via social networks - for example, for application purposes or with other requests - we will treat your data as described in this data protection declaration. Unless otherwise stated, the legal basis is our legitimate interest in external presentation and communication (Art. 6 para. 1 lit. f) DSGVO).
Facebook offers us, as fan page operators, aggregated information about the users of the website (so-called Facebook Insights). We use this information in our legitimate interest in advertising and the needs-based design of our internet presence (Art. 6 para. 1 p. 1 lit. f) DSGVO). With regard to the processing of user data, there is a joint responsibility between us and Facebook in this respect. Facebook has undertaken to fulfil all obligations arising from the GDPR with regard to the processing of insights data, including the rights of data subjects (such as claims for information). Please therefore contact Facebook directly with any relevant requests.
Finally, we would like to point out that the providers of the social networks may process the users' data outside the European Economic Area, for example in the USA. In this case, there may be a lower level of data protection than within the EU, and the enforcement of users' rights against the providers on the basis of EU law may be more difficult.
Data processing in the event of your application for a job at LINUS
You have the opportunity to find out about vacancies at LINUS on our website and to send us your application using the contact form we provide.
As part of the application process, the personal data you provide (including your name, contact details, qualifications and other application documents) will be processed for the purpose of assessing and deciding whether to recruit an applicant. An application cannot be considered without providing personal data. Your application documents and the personal data contained therein will be passed on internally to the responsible and decision-making employees. The legal basis is § 26 para. 1 BDSG.
If you start an employment relationship with us, we will continue to process the data for the implementation of this contract (Section 26 (1) BDSG). If you do not start employment with us, your personal data will be deleted within six months after the end of the application process. If you give your consent, we will also store your data in order to inform you about new vacancies. The legal basis for this data processing is your consent (see Section 26 (2) BDSG).
9. Data processing in the context of other business relationships
If you contact us as an interested party, supplier, service provider or other business partner, then we process your personal data (e.g. contact details or correspondence) insofar as this is necessary to process your enquiry (legitimate interest according to Art. 6 Para. 1 lit. f) DSGVO) or to initiate or carry out the respective business transaction (Art. 6 Para. 1 lit. b) DSGVO) and, if necessary, retain the data within the scope of statutory retention obligations.
The same applies if you are an employee of an interested party, supplier, service provider or other business partner and we receive your personal data in this context; the legal basis in this case is our legitimate interest in initiating or implementing the business relationship with your employer (Art. 6 para. 1 lit. f) DSGVO).
Status: May 2022