1. Introduction
FUNDKISS TECHNOLOGIES LIMITED (hereinafter referred to as “Fundkiss”, “we”, “us” or “our” as may be applicable), is a P2P Operator and an agent which holds a Peer-to-Peer Lending Licence from the Financial Services Commission Mauritius to operate a Lending Platform where Borrowers can borrow funds from Lenders pursuant to an Agreement.
Fundkiss is committed to protecting your privacy and to ensure that your personal data is collected, used and secured properly and lawfully. This Privacy Policy shall inform you the way in which we shall use and process your personal data, more particularly:
(i) how we collect information belonging to visitors of our website as well as personal data belonging to Lenders, Borrowers and/ or persons connected with Lenders and Borrowers (such as directors, partners, members, shareholders and beneficial owners) (hereinafter referred as “You” and “your”, as may be applicable).
(ii) how we store and protect your personal data.
(iii) how and why, we use your personal data; and
(iv) your rights to control your personal data.
We recommend you read this Privacy Policy so that you understand our approach towards the use of your personal data.
By accessing and using our platform and services, you confirm that:
(i) you have had a sufficient opportunity to read this Privacy Policy;
(ii) you understand this Privacy Policy and that you agree to be bound by it.
If you do not agree to this Privacy Policy in its entirety, you must immediately cease to use our website and Lending Platform and any services provided by us.
This Privacy Policy covers the site https://fundkiss.mu. For visitors, we have structured the platform so that, in general, you can visit the platform without identifying yourself or revealing any personal data. We shall collect personal data about you when you choose to sign up as a Lender or Borrower.
This Privacy Policy forms an integral part of our Agreement with You, and it shall be governed and construed in accordance with applicable laws in Mauritius.
The present policy can evolve according to the legal and statutory context and to the policies and obligations imposed by competent authorities in Mauritius as well.
2. Personal Data
Personal data refers any information relating to an identified or identifiable individual.
Fundkiss shall collect and process your personal data pursuant to your agreement with us. The collection and processing of Personal Data of a client (either Borrower or Lender) shall be governed by the Data Protection Act 2017.
We shall act as controller and/ or processor, as the case may be, in collecting or processing your personal data in accordance with applicable laws.
3. Collection of Personal Data
If you engage with us in any way, we may collect the following information about you in a number of ways:
(i) information you provide through our website, our Lending Platform, Application and verification processes.
(ii) information you provide through communications with us, whether in writing (including email) or on the telephone (including by way of recorded calls).;
(iii) information we obtain through your engagement with us on social media, including on blogs, forums and through Facebook and X (formerly Twitter).;
(iv) information provided on your behalf by your representatives or agents who engage with us on your behalf in the ways described above; and
(v) information from outside sources such as Mauritius Credit Information Bureau, commercial databases, marketing databases, public records and other publicly available information sources.
The types of personal data that we may collect are as follows:
(i) Name, title/ position
(ii) Address
(iii) Date of Birth
(iv) Contact details
(v) Bank account details
(vi) ID Number
(vii) Information, materials and communications
(viii) Identification and background information provided by you or collected by us as part of our business
(ix) Location details
(x) Photos if applicable
(xi) Details of your visits to our offices; and
(xii) Any other information relating to you which you may provide to us.
When you make an application to become a Lender or a Borrower, you will need to provide us with the following information, which we may also collect from third parties:
(i) your personal details (including name, NIC or BRN number).
(ii) your contact details (including telephone and e-mail details).
(iii) financial information (including bank account details used to make transfers to fund project and receive money back).
(iv) information you provide in our application processes.
(v) information you provide in your dealings with us and through your interaction with the Lending Platform.
(vi) if you are a Borrower:
a. information about your business or company, such as previous credit applications and the conduct of your accounts; and,
b. credit reference checks.
We also:
(i) retain copies of our correspondence with you as well as other data we collect relating to your activities on the Lending Platform;
(ii) collect details about visitors to our website for the purposes of aggregating statistics or reporting purposes; and
(iii) retain comments made on blogs and discussion forums in connection with the platform.
4. Why are Personal Data collected?
The services offered by Fundkiss gives an explicit, justifiable and determined purpose for the collection of data.
We require your personal data:
(i) to open accounts with us and to manage and maintain those accounts
(ii) to enable you to act as a Lender or Borrower
(iii) to verify your identity and the other information you have provided to us, including your bank account information and (if relevant) the identity of your business associates.
(iv) (if you are a Borrower) to ascertain your borrowing needs and to assess your creditworthiness and to make credit-related decisions.
(v) to transfer money
(vi) to carry out mandatory or other regulatory checks
(vii) to comply with our legal and regulatory obligations
(viii) to provide our services
(ix) to keep internal record
(x) to improve our services to the Borrowers and Lenders
(xi) to send emails about new projects and special offers to the Lenders
(xii) to contact borrowers and lenders for market research purposes
(xiii) to customise the Lending Platform to best serve your interests
(xiv) to respond to requests
(xv) to maintain client relationship; and,
(xvi) Any other purpose that would relate to our business.
5. Automated Decisions
Fundkiss may use various software and technologies to obtain automated decisions based on personal data held on you to promote accuracy, fairness and efficiency. These automated decisions may affect the services that Fundkiss provides to you now or in the future.
6. Disclosure of Personal Data
All Personal Data collected shall remain confidential and shall not be communicated to any third party except when required by law or a regulator or as provided below.
We shall communicate your personal data to authorized recipients:
(i) if it is required by any competent authority or court in relation to any legal procedures or claims which may occur.
(ii) if the recipients of your personal data are related to our services or the regulators.
(iii) to participating service partners (e.g. the bank) for processing the payments.
We also engage the services of third-party contractors to assist us in the delivery of our services and those third-party contractors may have limited access to your personal data.
7. Your Consent
Your consent to provide us with your personal data is required prior to the lawful processing of your data in line with your engagement with Fundkiss.
You understand that by accessing our website or the Lending Platform, You will be required to agree to a dialog box confirming your consent in a clear and unambiguous action to having read our Privacy Policy and proving your agreement to the processing of your Personal Data.
Failure to provide your consent by ticking the dialog box will bar you in furthering your access to the website or making an application to be registered with Fundkiss.
8. Withdrawal of Your Consent
You have the right to withdraw your consent to Fundkiss as regards to the processing of your Personal Data at any time. Should you wish to exercise this right, you will have to inform Fundkiss in writing.
If you withdraw your consent, Fundkiss will not be able to provide you with certain services and which may even entail the termination of any agreement with Fundkiss. You will be informed accordingly.
Please note that notwithstanding the withdrawal of your consent, your personal data may still be processed by Fundkiss in performance of its legal obligations.
9. Data Retention
Fundkiss keeps your data only for the duration necessary for the operations for which the data were collected and for such period that we the legally obliged to keep the data.
10. Security Measures Implemented by Fundkiss to Safeguard Transmission and Storage of your Personal Data
Fundkiss has put security measures in place to help prevent the loss, misuse and alteration of the information. When you provide us with your information, online, the data is protected using Secure Socket Layer (SSL) encryption technology. This encryption is designed to help prevent any unauthorized person from intercepting or reading any personal information you provide to Fundkiss.
11. Personal Data Security
Where applicable, we shall share and transfer personal data in accordance with the Mauritius Data Protection Act 2017. We shall take appropriate technical and organizational measures against unauthorized or unlawful processing and against accidental loss or destruction of your personal data. Personal data may be stored on our own technological system with appropriate safeguard and security in place.
12. Use of Cookies
Cookies are used on our website and the Lending Platform. Cookies are now used as a standard by many websites. Fundkiss uses cookies to improve the navigational experience of visitors to our websites and to make them easier to use.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may, however, prevent you from taking full advantage of the website.
Should you wish to have further information on the cookies used on our website, you may have access to our Cookies Policy.
13. Links to other Websites
Our website and the Lending Platform may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over other websites. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites which are not governed by our Privacy Policy. You should exercise caution and look at the privacy statement applicable to the website in question.
14. Access to your Personal Data
Access: You may exercise your right to request access to the personal data we hold about you, by sending an email [email protected] with the subject line “subject access request”. We shall take all reasonable steps to confirm your identity before providing details of your personal data. We may at our discretion impose the payment of a fee for any excessive requests.
Rectification: You may request that we update and/ or correct any out-of-date or inaccurate personal data we hold about you. You can email us at [email protected] and also log-in to your account and make changes yourself.
Erasure: You may exercise your right to ask us to restrict or erase your personal data. We will assess any deletion request on a case-to-case basis and will endeavor to respond to you as soon as possible.
Unsubscribe: You may opt out of any marketing communications that Fundkiss may send to you by unsubscribing via the link provided in the marketing email you have received.
15. Right to Complain
You have the right to lodge a complaint with the Data Commissioner through the Data Protection Office.
16. Changes to the Privacy Policy
We reserve the right to amend this Privacy Policy from time to time, to reflect changing legal requirements or our data processing practices. You are encouraged to periodically review this page for the latest information on our privacy practices and amendments to our Privacy Policy. By continuing to use our website and our services, you agree to be bound by all such updates and amendments.
17. Contact us
If you have any questions about this Privacy Policy, including requests to exercise your legal rights, please contact our Data Protection Officer using the details set out below:
FUNDKISS TECHNOLOGIES LIMITED
14 Nouvelle Usine, Mangalkhan, Mauritius
Email: [email protected]
Hotline: +230 218 2195
This Privacy Policy was updated on the 9th of January 2025