Crowd Crea8

Location

Berggasse 37

Top 66

1090 Wien

Austria

Contact

contact@crowdcrea8.com

Crowd Crea8 operates in compliance with Regulation (EU) 2020/1503, ensuring a secure and transparent crowdfunding environment. As a registered Crowdfunding Service Provider, we prioritize the protection of our users, both project creators and backers. We strongly encourage all users to carefully review our Terms of Service and Privacy Policy, which provide detailed information about your rights and responsibilities when using Crowd Crea8. Investing in crowdfunding projects, including those featured on Crowd Crea8, involves inherent risks. Please familiarize yourself with our risk warnings before making any investment decisions. Crowd Crea8 is committed to fostering a trustworthy community where innovative ideas can thrive."

Investing in crowdfunding projects involves significant risks, including the risk of losing some or all of your investment. Crowdfunding projects are often early-stage ventures and may not be successful. Before investing, you should carefully consider your investment objectives, risk tolerance, and financial situation. You should also conduct your own due diligence on the project and the project owner. Crowd Crea8 does not provide investment advice or guarantee the success of any project.

Legislation and legal entity in charge is Austria.

Terms of Use Template (Crowd Crea8 ):

1. Acceptance of Terms:

"Welcome to Crowd Crea8. By accessing or using our platform, you agree to be bound by these Terms of Use ("Terms"). If you do not agree with any part of these Terms, you must not use our platform."

2. Description of Services:

"Crowd Crea8 provides a crowdfunding platform that allows project creators to raise funds for their projects and backers to support projects they believe in."
"We act as an intermediary, facilitating transactions and communication between creators and backers."
"We do not guarantee the success of any project or the fulfillment of any rewards."

3. User Accounts:

"You must create an account to use certain features of Crowd Crea8."
"You are responsible for maintaining the confidentiality of your account credentials."
"You must provide accurate and complete information when creating your account."
"We reserve the right to suspend or terminate accounts that violate these Terms."

4. Project Creator Terms:

"You are responsible for the content and accuracy of your project proposals."
"You must fulfill all promised rewards to your backers."
"You grant Crowd Crea8 a non-exclusive license to use your project content for promotional purposes."
"Crowd Crea8 reserves the right to remove any project that violates these Terms."
"Information regarding fees, and payout schedules."
"Information regarding the project owners responsibility to deliver the agreed upon rewards."

5. Backer Terms:

"You acknowledge that crowdfunding projects carry risks, including the potential loss of your investment."
"You are responsible for conducting your own due diligence before backing a project."
"Crowd Crea8 is not responsible for any disputes between creators and backers."
"Information regarding refunds, and chargebacks."
"Information regarding the cooling off period if applicable."

6. Intellectual Property:

"Crowd Crea8 owns all intellectual property rights in the platform and its content."
"Users retain ownership of their project content, subject to the license granted to Crowd Crea8."
"You must not infringe on the intellectual property rights of others."

7. User Conduct:

"You must not use Crowd Crea8 for any illegal or harmful activities."
"You must not post any content that is offensive, defamatory, or infringing."
"You must not engage in any fraudulent or deceptive practices."
"Rules regarding spam, and solicitation."

8. Disclaimers and Limitations of Liability:

"Crowd Crea8 provides the platform "as is" and "as available," without any warranties."
"Crowd Crea8 is not liable for any damages arising from your use of the platform."
"Limitation of liability clauses should be carefully reviewed by a legal professional."

9. Indemnification:

"You agree to indemnify and hold Crowd Crea8 harmless from any claims arising from your use of the platform."

10. Dispute Resolution:

"Governing law and jurisdiction."
"Procedures for resolving disputes, such as arbitration or mediation."
"Information regarding the internal dispute resolution process."
"Information regarding external dispute resolution."

11. Modifications to Terms:

"Crowd Crea8 reserves the right to modify these Terms at any time."
"We will notify users of any material changes to these Terms."

12. Termination:

"Crowd Crea8 may terminate your account for violations of these terms."
"Information regarding the platforms right to modify or terminate accounts."

13. Privacy Policy:

"Link to Crowd Crea8's Privacy Policy, which explains how we collect and use your personal data."

14. Contact Information:

"Contact information for questions or concerns about these Terms."

Key Considerations for EU Compliance:

GDPR: Ensure your terms and privacy policy comply with GDPR requirements.
Consumer Rights: Adhere to EU consumer protection laws.
Language: Provide terms in the languages of the countries where you operate.
Accessibility: Make terms easily accessible and understandable.

GDPR Data Privacy Section (Crowd Crea8 ):

1. Data Controller:

"Crowd Crea8 ([Company Name]), located at [Registered Address], is the data controller responsible for the processing of your personal data."
"You can contact our Data Protection Officer at [Email Address/Contact Details]."

2. Personal Data We Collect:

"We collect the following categories of personal data:"
- "Account Information: Name, email address, username, password, contact details."
- "Identification Data: Copies of government-issued IDs, proof of address (for KYC/AML compliance)."
- "Financial Information: Payment details, transaction history, bank account information."
- "Project Data: Information provided by project creators, including project descriptions, images, and videos."
- "Communication Data: Records of communication between users and Crowd Crea8."
- "Technical Data: IP address, browser type, device information, cookies."
- "Marketing Data: Preferences for receiving marketing communications."

3. Legal Basis for Processing:

"We process your personal data on the following legal bases:"
- "Contractual Necessity: To provide our services and fulfill our contractual obligations."
- "Legal Obligation: To comply with applicable laws and regulations (e.g., AML/KYC)."
- "Consent: For marketing communications and certain data processing activities."
- "Legitimate Interests: To improve our services, prevent fraud, and ensure security."

4. Purposes of Processing:

"We process your personal data for the following purposes:"
- "To create and manage user accounts."
- "To facilitate crowdfunding transactions."
- "To verify user identity and comply with AML/KYC requirements."
- "To communicate with users and provide customer support."
- "To improve our platform and develop new features."
- "To send marketing communications (with consent)."
- "To prevent fraud and ensure security."
- "To comply with legal obligations."

5. Data Sharing:

"We may share your personal data with the following categories of recipients:"
- "Payment processors and financial institutions."
- "Service providers who assist us with our operations (e.g., hosting, analytics)."
- "National competent authorities (for legal compliance)."
- "Project creators (for backers' data, when applicable)."
- "Potential buyers in case of a business aquisition."

6. Data Transfers to Third Countries:

"If we transfer your personal data to countries outside the European Economic Area (EEA), we will implement appropriate safeguards, such as Standard Contractual Clauses."

7. Data Retention:

"We retain your personal data for as long as necessary to fulfill the purposes for which it was collected, and as required by applicable laws."
"Specific data retention periods for various categories of data."

8. Your Rights:

"You have the following rights under GDPR:"
- "Right to Access: You can request access to your personal data."
- "Right to Rectification: You can request to correct inaccurate or incomplete data."
- "Right to Erasure (Right to be Forgotten): You can request to delete your personal data."
- "Right to Restriction of Processing: You can request to limit the processing of your data."
- "Right to Data Portability: You can request to receive your data in a portable format."
- "Right to Object: You can object to the processing of your data."
- "Right to Withdraw Consent: You can withdraw your consent at any time."
- "Right to lodge a complaint: You have the right to lodge a complaint with a supervisory authority."

9. Cookies and Tracking Technologies:

"We use cookies and similar tracking technologies to improve your user experience. Please refer to our Cookie Policy for more information."

10. Security Measures:

"We implement appropriate technical and organizational measures to protect your personal data from unauthorizedaccess, disclosure, and destruction."

11. Changes to this Privacy Policy:

"We may update this Privacy Policy from time to time. We will notify you of any material changes."

12. Contact Information:

"If you have any questions or concerns about our data privacy practices, please contact us at contact@crowdcrea8.com."

Key Investor Protection Measures:

Authorization and Supervision:
- Crowdfunding service providers (CSPs) must obtain authorization from their national competent authorities. This ensures they meet specific standards regarding financial stability, operational resilience, and investor protection.
- Supervisory authorities monitor CSPs' activities to ensure ongoing compliance.
Transparency and Disclosure:
- Project owners are required to provide clear and comprehensive information about their projects, including associated risks, potential returns, and financial details.
- CSPs must provide investors with a Key Investment Information Sheet (KIIS), which summarizes essential project information.
- This emphasis on transparency empowers investors to make informed decisions.
Risk Warnings:
- Investors must be provided with clear and prominent risk warnings, highlighting the potential for losses associated with crowdfunding investments.
- This helps investors understand the inherent risks involved.
Investor Knowledge Assessment:
- CSPs may be required to assess investors' knowledge and understanding of crowdfunding risks, particularly for less experienced investors.
- This helps ensure that investors are aware of the risks they are taking.
Cooling-Off Period:
- Retail investors are granted a cooling-off period, allowing them to withdraw their investment within a specified timeframe.
- This provides investors with an opportunity to reconsider their investment decisions.
Complaint Handling:
- CSPs are required to establish effective procedures for handling investor complaints and disputes.
- This ensures that investors have access to redress mechanisms.

Key Regulatory Documents and Bodies:

Regulation (EU) 2020/1503:
- This regulation provides the legal framework for crowdfunding service providers in the EU.
European Securities and Markets Authority (ESMA):
- ESMA plays a crucial role in promoting consistent application of EU financial regulations, including those related to crowdfunding.
- National Competent Authorities: Each EU member state has its own national authority that supervises the crowdfunding platforms.

Key Considerations for EU Compliance:

Transparency: Provide clear and concise information.
Consent: Obtain explicit consent for marketing and other data processing activities.
Data Minimization: Collect only the data necessary for the specified purposes.
Security: Implement robust security measures to protect personal data.
Accountability: Maintain records of data processing activities.
Data Subject Rights: Ensure you can respond to data subject requests promptly.https://op.europa.eu/en/publication-detail/-/publication/d5e626ba-d7c8-11e6-ad7c-01aa75ed71a1 Legal Information Points to Emphasize:

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