Privacy policy for Kraks Fond

Introduction to the privacy policy for Kraks Fond

This privacy policy describes how Kraks Fond, Frederiksholms Kanal 30, Building 8A, DK-1220 Copenhagen K, Business registration number: 48953018 (“Kraks Fond“) as the data controller processes your personal data when you visit our website or submit an application.

If you have questions to this privacy policy, you wish to exercise your rights as the data subject or you wish to complain regarding Kraks Fond’s processing of your personal data, please contact the fund administrator Ulla Lambert Erichsen (email: ue@kraksfond.dk or telephone number.: +45 2917 8216).

If you wish to file a complaint regarding Kraks Fond’s processing of your personal data to a supervisory authority, you can contact the Danish Data Protection Agency. The contact information of the Danish Data Protection Agency is available on their website: www.datatilsynet.dk.

Kraks Fond uses an online platform for handling applicants’ application material and, if necessary, correspondence with the applicants. We encourage you to not submit your application material, or otherwise to contact Kraks Fond by email or by sending letters.

Categories of personal data that we process about you, the purpose thereof and the legal basis

When you visit our website, we do not process any personal data about you. Kraks Fond uses only technical cookies (functionality cookies) on the website. No information is stored about you when you visit our website. You can read more about technical cookies in our cookie policy [insert direct link to cookie policy]. Before you can submit your application, please log on to the online platform OnlineLegat, where you must identify yourself with your own or your company’s NemID. You can access the platform from our website.

When submitting your application, we process the personal data received to assess whether or not we should distribute funds to you.

If you have completed the application form for physical persons, the personal data processed are generally your identification- and contact information, information about your employment with us (if relevant), information about your financial conditions, residence information and information about any special circumstances you have chosen to state as matter of importance to our decision on allocation of funds.

In some cases, we may process sensitive personal data about you, e.g. health information if you have chosen to include such information in the application or submitted such information in connection with your application.

If you have completed a project application form, we will process information about your name and contact information.

The purpose of processing your application is to assess whether we should distribute funds to you, including observing our interests in distributing the funds to those who meet the requirements and who are eligible for it.

Project applications are always finished with a final report. In this connection, we process information about your project, for instance, project title, amount of funding, total project expenses, the bank account you used for the payout, and similar information. Further, we also process your name.

The legal basis for the processing of your non-sensitive personal data is our legitimate interests in finding the right applicant and distribute the funds to this person, as well as our interest in receiving information about the finished project, including what difference our distribution made to the project, which we assess override your interests in not having this personal data processed, cf. Article 6(1)(f) of the GDPR.

Processing of your sensitive personal data is based on your explicit and prior consent, which you will be asked to provide in connection with the submission of your application to us, cf. Article 9(2)(a) of the GDPR. Please refer to the application form for further information on this.

Your CPR-number is processed for identification purposes based on your consent, cf. Section 11(2)(2) of the Danish Data Protection Act, while we assess whether to distribute any funds to you. If you are chosen to receive funds, we will process your CPR-number to make the necessary reporting to the Danish tax authorities and ensure payment of the funds to the correct recipient, cf. Section 11(2)(1) of the Danish Data Protection Act.

Kraks Fond is obliged to submit a list of recipients who have received funds from Kraks Fond in a financial year to the relevant fund authority, cf. Section 80 of the Danish Act on Commercial Foundations. Kraks Fond may also choose to include such information in Kraks Fond’s annual report. The legal basis for the processing of your personal data in this regard is to comply with a legal obligation, cf. Article 6(1)(c) of the GDPR, or Kraks Fond’s legitimate interests in administration of the fund, cf. Article 6(1)(f) of the GDPR.

Recipients of your personal data

Kraks Fond has engaged certain data processors who perform a number of tasks on our behalf. These data processors have access to your personal data. However, the data processors can only legally access and process your personal data on behalf of Kraks Fond to fulfill the specific purposes set out by us. The data processors must therefore not process the personal data for their own purposes. Kraks Fond has entered into written data processing agreements with all data processors in accordance with the requirements of the GDPR.

Kraks Fond may disclose your personal data to third parties that will process your personal data for their own purposes, including public authorities, e.g. the tax authorities. Disclosure of your personal data will always be carried out in pursuance of applicable data protection legislation.

Further, personal data about you as a recipient of funds from Kraks Fond will be disclosed to the relevant fund authority in pursuance of the Danish Act on Commercial Foundations. Kraks Fond may also disclose the personal data about the recipients of the funds to the Danish Business Authority as part of Kraks Fond’s annual report. Lastly, Kraks Fond may disclose your personal data to its advisers, including attorneys, with the purpose of administration of the fund. These recipients are subject to statutory confidentiality.

Transfer of your personal data to third countries (countries outside of EU/EEA)

In certain situations, your personal data may be transferred to a country outside of EU/EEA. Kraks Fond ensures that such transfer(s) will be carried out in accordance with the applicable data protection legislation e.g. by entering into the EU standard contractual clauses with the recipient or by ensuring that the recipients adhere to the EU-US Privacy Shield, if the transfer is carried out to the U.S.

Storage period of your personal data

The personal data you have provided in connection with your application will be stored as long as your personal data are necessary to fulfill Kraks Fond’s purpose, including as long as it is necessary to assess whether we should distribute the funds to you.

If we reject your application, we will delete your application and other personal data immediately, unless we assess that it is necessary to store your application for 6 months for documentation purposes. After this storage period, we will delete your application and other personal data.

If you have received funds, we will store your application and other personal data for 5 years from the end of the financial year to which our bookkeeping material relates, cf. Chapter V in the Danish Bookkeeping Act. After this period, your application and other personal data will be deleted.

Your rights as the data subject

Firstly, you have the right to request access to the personal data processed about you by Kraks Fond. In addition, you have the right to have your personal data corrected, deleted or have the processing thereof restricted. You also have the right to object to the processing of your personal data. If your objection is justified, Kraks Fond will no longer process your personal data.

In special circumstances, you have the right to data portability. This means that you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format. If technically possible, you can also request that the information is transmitted to a third party.

If Kraks Fond processes your personal data based on your consent, you have the right to withdraw your consent at any time. The withdrawal does not affect the lawfulness of the processing based on your consent before the withdrawal.

The Danish Data Protection Agency has prepared guidelines on the data subject’s rights. You can read more about it here. Please note that the guidelines are only available in Danish.

Date of the latest revision of this privacy policy: 12 March 2020