Terms of website use – website privacy policy

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website https://www.middlegamevc.com/ (“Website”) (“Terms”). Use of our Website includes accessing and browsing our Website.

The Website is operated by MiddleGame Ventures S.A. (“we”). We are a limited company (société anonyme) registered in the Grand-Duchy of Luxembourg under company number B228531 and have our registered office at 9, rue du Laboratoire – L-1911 Luxembourg.

By using our Website, you confirm that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Website. Please check this page from time to time to take notice of any changes we make to the Terms.

If you have any questions, please contact info@middlegamevc.com.

1. Accessing our website

1. Access to our Website is on a temporary basis, and we may amend the information or withdraw or suspend our Website and/or the services on our Website without notice.
2. You are responsible for arranging your own access to our Website and for ensuring that anyone that accesses our Website through your internet connection is aware of and complies with these terms. You must not use any part of the materials on our Website for commercial purposes.
3. You may print one copy and download extracts of any pages from our Website for personal reference only. You must not modify the hard or soft copies of any materials you have. You must not use any illustrations, photographs, video or audio sequences or any graphics from our Website without the accompanying text.
4. We process any information we collect from you through our Website in accordance with our privacy policy set out in section 8 below, and our cookie policy.
5. You must not attempt to gain unauthorised access to the server on which our Website is stored or any server, computer or database connected to our Website.

2. Prohibited uses

1. You may use our Website only for lawful purposes and not in any way that breaches any applicable law or regulation. In addition, you may not use our Website:
2. for harming or attempting to harm any individual;
3. to send, receive, upload, download, use or re-use any material which does not comply with the standards set out in section 3.2 below;
4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
5. to create liability for or cause damage to us in any way.
6. You will not reproduce, duplicate, copy or resell our Website (or part of it) in breach of any of the provisions in these Terms and will not access, interfere with, damage or disrupt any part of our Website or any equipment or network on which our Website is stored or any software used in the provision of our Website.

3. Uploading material to our website

1. If a feature allows you to upload material to our Website, then any contribution that you make must be accurate (where it states facts), genuinely held (where it states opinions) and comply with applicable law in the Grand-Duchy of Luxembourg and in any country from which it is posted.
2. You must not upload anything to our Website which:
3. contains defamatory, obscene, offensive, hateful, or inflammatory, violent or sexually explicit material;
4. promotes discrimination;
5. infringes any intellectual property rights or is in breach of any obligation owed to a third party;
6. is false, inaccurate or misleading;
7. is (or could considered to be) threatening, cause annoyance, harassment, distress, embarrassment, alarm, inconvenience or needless anxiety to any other person or invade another’s privacy, or
8. be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they come from us.

4. Linking to our website and framing

1. Our Website must not be framed on any other Website. You may link to our home page only, from a Website owned by you and that complies with the standards set out in 3.2, provided you do so legally. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and any link must not damage our reputation or exploit it.
2. We reserve the right to withdraw this permission without notice.

5. Our liability

1. The materials posted on our Website are not intended to amount to advice on which you should rely. We therefore disclaim all liability and responsibility arising from any reliance placed by anyone on such materials.
2. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy, availability or completeness. To the extent permitted by law, we hereby expressly exclude:
3. all conditions, warranties and other terms which might otherwise be implied by law;
4. any liability whatsoever incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
5. any indirect or consequential loss or damage; and
6. loss of data, anticipated savings, profits, contracts, business (or business opportunity), income, revenue, goodwill, reputation, or wasted management time.
7. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

6. Intellectual property rights

1. We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright laws, and treaties around the world. All such rights are reserved.
2. Our status (and that of any contributors) as author of material on our Website must be acknowledged.
3. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them.

7. Viruses and other offences

1. You must not misuse our Website by knowingly introducing viruses or other material which is malicious, harmful or which disrupt the current operation of our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
2. If you breach this provision, you would commit a criminal offence under Luxembourg law.

8. Website privacy policy

Your personal data is collected from yourself or other external persons that share your information with us through our Website.

Your personal data is collected from yourself or other external persons that share your information with us through our Website.

1. When and why we process your personal data

We process your personal data for the following purposes:

Respond to questions and requests

If you send a question or a request to us via our Website we process your personal data to respond to the question or request.

Categories of personal data
Legal basis

Your communication
Identity information
Contact details

Legitimate interest. The processing is necessary in order to satisfy our legitimate interest of responding to your questions and requests.

Evaluate and follow-up the use of our Website

In order to evaluate and follow-up on the use of our Website, we process your personal data, e.g. in connection with collection of visitor statistics on our website.

Categories of personal data
Legal basis

User generated information
Identity information

Legitimate interest. The processing is necessary in order to satisfy our legitimate interest of evaluating and to follow-up the use of our digital channels.

 

Handle and defend legal claims

We process your personal data, to the extent it is necessary, to handle and defend legal claims, e.g. in case of a dispute or litigation.

Categories of personal data
Legal basis

Your communication
Identity information
Contact details

Legitimate interest. The processing is necessary in order to satisfy our legitimate interest of handling and defending legal claims.

 

Fulfill legal obligations

We process your personal data in order to fulfill legal obligations, e.g. bookkeeping and accounting requirements and obligations under data protection regulations.

Categories of personal data
Legal basis

All categories of personal data that have been collected and which are necessary in order to fulfill each legal obligation.

Legal obligation. The processing is necessary in order to fulfill our legal obligations.

 

Manage and protect IT systems and services

In order to manage and protect our IT systems and services, e.g. upon logging, troubleshooting, backup, change and problem management in systems and in connection with potential IT incidents, we process, to the extent necessary, your personal data.

Categories of personal data
Legal basis

All categories of personal data stated above.
Legitimate interest. The processing is necessary in order to satisfy our legitimate interest of managing and protecting our IT systems and services.

Recipients that we share your personal data with
Where necessary, we share your personal data with others. The recipient is the data controller for the processing of your personal data, unless we have stated otherwise.

We share your personal data with:

Service providers

In order to fulfill the purposes of the processing of your personal data, we share your personal data with service providers that we have engaged. These service providers provide services to us such as operation, technical support and maintenance of IT systems. The service providers may only process your personal data for these purposes and in accordance with our instructions and not for their own purposes. We are the data controller for the processing of personal data that the service providers carry out on our behalf, acting as data processors.

Other recipients

In certain cases we share, if necessary, your personal data with other recipients for certain purposes (e.g. to fulfill legal obligations and to handle and defend legal claims). Examples of recipients are external advisors, authorities, courts, and the police.

Recipient
Purpose
Legal basis for the transfer

Public authorities
We share necessary personal data with public authorities if we are obligated under law to disclose the information.

Legal obligation. The processing is necessary in order to fulfill legal obligations.

External advisors
We share necessary information with external advisors, e.g. audit firms, and law firms if we are obligated under law to share the information or in order to manage and defend legal claims.

Legal obligation and legitimate interest. The processing is necessary in order to fulfill legal obligations or, alternatively, to satisfy our legitimate interest of managing and defending legal claims.

Courts, counterparties etc.
In order to manage and defend legal claims we share personal data to other parties.

Legitimate interest. The processing is necessary in order to satisfy our legitimate interest of managing and defending legal claims.

Law enforcement authorities, e.g. police
We share personal data with law enforcement authorities, e.g. the police if we are obligated under law to disclose information.

Legal obligation. The processing is necessary in order to fulfill legal obligations.

Categories of personal data
Please see the table below for further information regarding which categories of personal data that we use and store about you.

Category
Examples of Personal Data

User generated information

Visitor and click statistics

Your communication

Contents in your communication, e.g. e-mails

Identity information

Name, IP address

Contact details

Address, telephone number, e-mail address

Where we process personal data
We always strive to store and process personal data within the EU.

However, you are informed that our Website was created and is maintained through our service provider, Weebly. Some of Weebly’s infrastructures are located in the USA, and your personal data may thus be transferred to the USA. In this respect, Weebly is certified with the EU-US Privacy Shield framework, thus ensuring the lawfulness of any transfer of your personal data to Weebly in the USA. Further information is available in Weebly’s Privacy Notice: https://www.weebly.com/privacy?lang=en.

We may update this information
We may occasionally update this information, e.g. if we would process personal data for new purposes, collect additional categories of personal data or share personal data with other recipients. In such a case we will notify you in an appropriate way. The latest version of the information is always published on this page.

Your rights
Under data protection laws you have certain rights in relation to the processing of your personal data. We process your personal data to the extent necessary in order to fulfill your rights. Please contact us at info@middlegamevc.com if you wish to exercise your rights.

You have the right to:

Access your personal data

You have the right to request a confirmation from us as to whether we process personal data concerning you and in such a case request access to the personal data that we process about you.

Update your personal data

Furthermore, you have the right to request that incorrect or incomplete personal data is corrected or completed.

Object to the processing of personal data

You have the right to object to the processing of your personal data based on a legitimate interest for reasons which concerns your particular situation. In such a situation, we will stop using your personal data where the processing is based on a legitimate interest, unless we can show that the interest overrides your privacy interest or that the use of your personal data is necessary in order to manage or defend legal claims.
Delete your personal data

Under certain circumstances you have the right to request that your personal data be deleted. However, there are certain cases where we cannot delete your personal data (for example, if we are obligated under applicable law to keep the data). In such cases, we will explain to you why we cannot perform the deletion you required.

Restrict the use of your personal data

You have the right to request that the processing of your personal data be restricted. This right to restriction only applies if you are contesting the accuracy of your personal data (for a period enabling us to verify such accuracy), or if the processing is unlawful and you oppose the erasure of your personal data and request restriction instead, or if we no longer need your personal data for the purposes of the processing but you require your personal data for the establishment, exercise or defense of legal claims, or if you have objected to processing of your personal data based on our legitimate interests). If the processing of your personal data has been restricted we may only, besides storing the data, process your personal data with your consent, in order to establish, exercise or defend legal claims or to defend rights of others.

Contact
If you have any questions regarding the processing of your personal data, please do not hesitate to contact us. See above for contact details. If you are not satisfied with our response, you have the right to lodge a complaint with the competent data protection supervisory authority (in Luxembourg, the Commission Nationale de la Protection des Données – “CNPD).

SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of these Terms by you and, in such cases, we may take such action as we deem appropriate, including without limitation:
withdrawal of your right to use our Website;
legal proceedings or legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms.
JURISDICTION AND APPLICABLE LAW
The courts of Luxembourg-City will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Grand-Duchy of Luxembourg.