Welcome to the website www.crosslend.com (the “CrossLend Platform”). The website www.crosslend.com is operated by CrossLend GmbH, Kemperplatz 1, 10785 Berlin (“CrossLend”). CrossLend makes technical services of the CrossLend Platform available to potential and active borrowers (“Borrowers”) and investors (“Users” or “Investor” or “you”).
In case you are a consumer (§ 13 German Civil Code) and wish to use the CrossLend Platform as an Investor or Borrower, please refer to the following relevant terms and conditions: https://uk.crosslend.com/cl/terms-of-use/
1.1 The use of the CrossLend Platform shall only be admissible on the basis of the CrossLend ToU.
1.2 The use of the CrossLend Platform by the Users is free of charge. No entitlement for the use of the CrossLend Platform and the services of CrossLend shall exist.
1.3 CrossLend reserves the right to amend the CrossLend ToU. Such amendments shall be considered accepted by the User if no objection thereto is made in writing to CrossLend within one month as from the User’s receipt of the amendment notification. CrossLend will specifically point out this consequence in the amendment notification.
2.1 The CrossLend Platform offers potential and active investors a technical platform for the selection and subscription of securities as well as for the access to information and notifications regarding their cash and securities account. The CrossLend Platform particularly enables potential and active investors to get an overview of the potential securities for subscription and of the status of their subscribed securities.
2.2 CrossLend collects, processes and uses information about the respective potential or active investor and/or of the Investor’s representatives for the performance of the services of the CrossLend Platform and keeps this information throughout the contractual term of the CrossLend ToU. For these purposes, CrossLend collects basic data and subscription application data of the User. For purposes of allowing the subscription of securities and, if applicable, the access to the cash and securities account, CrossLend will on behalf of the Users, within the scope of the technical services of the CrossLend Platform and throughout the contractual term,
2.2.1 Transfer application data for the opening of the cash and custody accounts to the bank in charge of the accounts;
2.2.2 Transfer data regarding the subscription application to the bank in charge of the cash and custody accounts, the placement agent of potential and active issuers, and to their tied agents;
2.2.3 Collect information and notifications regarding the User’s cash and custody accounts from the credit institution in charge of these accounts.
2.3 The securities offered to the investors are issued by CrossLend Securities SA (Luxembourg) and are placed on the CrossLend Platform by CrossLend on behalf and under the full responsibility of a credit institution. The subscription of the securities by the investors is part of a separate subscription agreement between the investor and the issuer CrossLend Securities SA, placed by a credit institution. The CrossLend Platform solely serves as an electronic means of communication between the investor, the issuer and the credit institution. CrossLend does not perform any investment advisory services. In particular, no investment recommendations are made nor tax or legal advice is provided.
3.1 The registration as User is required to use the CrossLend Platform to its full extent.
3.2 The registration requires all requested data to be provided completely and truthfully. Moreover, the User is required to keep his registration data updated at all times.
3.3 With the successful registration of the User with the CrossLend Platform or otherwise with creation of a first personal password for access to the CrossLend Platform, a contract for the use of the website becomes effective on the sole basis of the CrossLend ToU.
3.4 Upon a successful registration, CrossLend will send a confirmation email to the User. By clicking on the link therein provided and creating the first personal password, the User’s CrossLend account will be activated. The User’s email address for the communication between CrossLend and the User is thereby also confirmed. Users are hereby expressly informed that, in principle, the possibility of unauthorised third parties being able to view, read, manipulate or delete electronically transmitted data cannot be excluded. Accordingly, CrossLend undertakes no liability for the security of the data to be so transmitted. Under their CrossLend account, Users may access and change their information and have access to information on the status of their subscribed securities.
4.1 The CrossLend account shall only be used by a registered User.
4.2 The User is obliged to keep the password(s) of his CrossLend account secret and to carefully safeguard the access to his CrossLend account (confidentiality obligation). The User will ensure that no unauthorized third party gains knowledge of his password(s). To prevent misuses, passwords should not be stored electronically nor be otherwise put in writing. The User shall immediately change the respective password if unauthorized third parties become aware of it. The User is obliged to change the respective password immediately, should he suspect that unauthorized third parties have gained unauthorized access to it. The User is hereby recommended to regularly change his password(s) for security reasons.
Users shall be liable for damages resulting from breaches of their confidentiality obligation both, vis- à-vis CrossLend and other Users of the CrossLend Platform.
4.3 The User is obliged to immediately inform CrossLend of any evidence of misuse of his account by third parties.
4.4 It is prohibited for the User to use the CrossLend Platform in an unlawful manner, in violation of the contract or in any other abusive way, such as impairing or disturbing the functionality of the CrossLend Platform (e.g. by violating the system integrity), transferring the CrossLend account to third parties or providing access to the CrossLend account to unauthorised third parties.
4.5 With respect to the access credentials, security settings and legitimation instruments that are provided to an investor by the credit institution in charge of the cash and securities account, the investor hereby also commits towards CrossLend to comply with the duties of care and further conditions that are stipulated in the terms and conditions of the cash and securities account of the credit institution. Furthermore, he also commits towards CrossLend to:
Any claims and objections arising under the contractual relationship with the credit institution in charge of the cash and securities account shall only be made against that credit institution.
To the extent it is technically feasible and commercially reasonable, CrossLend undertakes to offer an unrestricted availability of the CrossLend Platform. However, CrossLend does not guarantee the latter. In particular, maintenance works, security and capacity reasons, technical circumstances as well as events outside of CrossLend’s sphere of control may lead to temporary inaccessibility to the CrossLend Platform.
CrossLend offers the User a customer support. This includes support by telephone regarding general questions about the services of CrossLend (8 am to 10 pm CET, Monday through Friday, and 9 am to 6 pm CET on Saturdays, except for public holidays). In addition to the hotline, the User will have access to an online service centre on the CrossLend Platform, which should be primarily used by the User.
7.1 The data and material, including pictures, graphics, illustrations, designs, symbols, photos, texts and other images (hereinafter referred to as “Content”) on the CrossLend Platform are protected by copyright law, trademark law, data protection law and/or other laws of intellectual property. Any use and/or copy of the Content without the prior written consent of CrossLend constitutes a violation of the CrossLend ToU and is prohibited.
7.2 The use of automated systems or software for the extraction of data from the CrossLend Platform, in particular for commercial purposes, is prohibited.
9.1 Unless terminated, the CrossLend ToU shall remain in full force and effect for an undetermined term.
9.2 Both the User and CrossLend may terminate this contract at any time by serving a written notice of termination (e.g. via email, fax or letter) to the other party with 2 weeks prior to the end of the month. Termination is precluded prior to the settlement of any ongoing investment.
9.3 The right of termination with cause remains unaffected.
10.1 CrossLend shall be liable for damages resulting from willful misconduct or gross negligence, death or personal injury caused by CrossLend’s negligence, or fraud or fraudulent misrepresentation.
10.2 Subject to clause 11.1, CrossLend will not be liable whether based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in relation to this Agreement for any loss of profits, loss of business, loss of revenue, anticipated savings, goodwill or any indirect or consequential damages even if foreseeable and if CrossLend has been advised of the possibility of such losses.
10.3 Subject to clause 11.1, CrossLend shall not be liable for damages resulting from events outside of CrossLend’s control including where such damages could not have been prevented by mitigation by or on CrossLend’s behalf.
10.4 Subject to clause 11.1, CrossLend shall not be liable for any failures or disturbances in the technical infrastructure of the CrossLend Platform that are outside its control.
10.5 CrossLend does not have control over the information and services provided by third parties. CrossLend shall not be liable for any information or acts of third parties and shall not be liable for any damages resulting therefrom.
11.1 Place of performance of the services is the place of business of CrossLend.
11.2 German law shall apply.
11.3 Insofar as the User is a merchant, the competent court is Berlin.
11.4 Should individual or several provisions of the conditions hereof be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The Parties undertake to agree on an effective substitute provision as close as possible to the ineffective provision or the intended purpose of the ineffective provision. The same shall apply to gaps in the contract.
11.5 These CrossLend ToU have been originally drafted in the German language. The original version can be retrieved here. In the event of discrepancies between this English translation, provided for the purposes of convenience only, and the original German version, the original German version shall prevail.
Maintaining the privacy of your data is a top priority at CrossLend. CrossLend considers it essential to establish high standards of data privacy protection for all users of the CrossLend Platform and to continually improve these standards. We therefore adhere and comply with the applicable statutory requirements of the Federal Republic of Germany and the European Union in all data processing procedures. One of our main concerns in this regard, is allowing you to determine to what extent CrossLend processes your data and to decide the way in which you will share your personal data with us.
In order to provide you with our services, it is necessary for us to collect, process and use your personal data as specified below.
Personal data shall mean any information concerning the personal or material circumstances of an identified or identifiable natural person. This includes, in particular, information which can be traced back to your identity, such as your name, telephone number, mailing address or email address. Statistical data collected when users visit our website and which cannot be directly linked to your identity is, for instance, not considered/classified as personal data.
Maintaining the privacy of your data is one of our top priorities. Therefore, we strictly adhere to the statutory provisions when collecting, processing and using your personal data. We collect, store and process your data to offer you a better user experience on our website, to provide you with the technical services that, among others, enable investments in Notes and, if applicable, to comply with our rights and obligations as Trustee. We may additionally use your data for the purpose of keeping you informed via engaging, relevant newsletters which you may opt to receive, for our own marketing purposes, and for fraud prevention. We also collect, process and use your personal data for purposes of verifying your identity.
Every time our website is used, we collect the access data which your browser automatically transmits to make your visit to the website possible. These access data comprise in particular:
The processing of these access data is necessary in order to make the visit to the website possible and to ensure the permanent functionality and security of our systems. The access data are in addition saved for the foregoing purposes in internal logfiles, in order to develop our website further with regard to the usage patterns of our visitors (e.g. if the proportion of mobile devices on which the pages are called up rises) and in order to administer our website in a general way. The legal basis is Art. 6, Paragraph 1, Clause 1, Point (b) of the GDPR.
The information saved in the logfiles allows no direct conclusion to be drawn about you as a person – in particular, we save the IP addresses only in abbreviated, anonymised form. The logfiles are saved for 30 days and archived following subsequent anonymisation.
You have the possibility of registering for our login area, in order to use our website’s full range of functions. We have highlighted with an identification mark the data which you are required to supply. Without these data a registration is not possible. The legal basis for this processing is Art. 6, Paragraph 1, Point (b) of the GDPR.
This personal data is stored in order to set up your user account and enable you to gain access to the CrossLend Platform. You agree to treat your log in information as confidential and not to share this information with unauthorised third parties. You may alter your log in details at any time in your user profile.
For these purposes, CrossLend collects basic data and subscription application data about you. For the purposes of allowing the subscription of securities and access to the cash and securities account, CrossLend will, on your behalf, within the scope of the technical services of the CrossLend Platform and, if applicable, the trust agreement:
Legal Basis for this processing is Art. 6 sec. 1 lit. f GDPR as it serves the purpose of the subscription of securities.
Obliged entities under German Anti Money Laundering legislation (e.g. credit institutions) and under comparable national regulations are required to obtain information about the identity and address of their customers. This process contributes to prevent the misuse of their services for unlawful activities such as identity theft, identity fraud or money laundering. Verifying the identity of a customer (or “knowing your customer” –“KYC”) is a legal requirement and an essential aspect of risk management practices.
Part of the process of an investor’s identity verification is performed by CrossLend on behalf of the credit entity providing the cash and security accounts to investors and/or the trust account to be managed by the trustee.
Legal Basis for this processing is Art. 6 sec. 1 lit. c GDPR, as we are legally obliged to verify your identity under Anti Money Laundering legistlation
In addition to processing your data to enable registration or to process an investment, we will use your data to send you information via email, SMS or letter about products, services and marketing campaigns that may be of interest to you. You may partially or fully opt out of the use of your personal data for marketing purposes at any time without incurring any costs other than the transmission costs at standard rates. Sending a written message to our postal or email address, indicated in section 1 above, is sufficient for this purpose.
Legal Basis for this is our legitimate interest to market our services, Art. 6 sec. 1 lit. f GDPR.
You have the possibility of ordering our Newsletter, in which we tell you regularly of the latest news about our products and campaigns.
For ordering the Newsletter we use the so-called double opt-in procedure, i.e. we shall only send you the Newsletter by e-mail if you confirm, by clicking a link in our message e-mail, that you are the holder of the e-mail address provided. Should you confirm your e-mail address, we shall store your e-mail address, the time of registration and the IP address used for the registration for such time until you cancel the Newsletter. This storage serves only the purpose of sending you the Newsletter and being able to provide your registration. You can cancel the Newsletter again at any time. A link to this effect is placed in every Newsletter. A message to the contact details given above or in the Newsletter (e.g. by e-mail or letter) is of course likewise sufficient for this. The legal basis is Article 6, sec. 1 lit. a GDPR.
In our Newsletter we use established technologies by which the interactions with the Newsletter can be measured (e.g. opening of the e-mail, links clicked). We use these data in pseudonymised form for general statistical evaluations and to optimise and develop our contacts and customer communication further. This is done with the aid of graphics which are embedded in the Newsletter (so-called pixels). These data are collected only in pseudonymised way, and in addition the data once collected are not combined with your personal data. The legal basis for this is our foregoing legitimate interest under the terms of Art. 6 sec. 1 lit. f GDPR. Via our Newsletter, we share subjects with our customers which are of maximum relevance to them. If you do not wish your user pattern to be analysed, you can cancel the Newsletter or disable graphics in your e-mail program in a standard way. We wish via our Newsletter to share subjects with our customers which are of maximum relevance to them and to understand better what our readers are actually interested in.
Unsubscribing from the Newsletter is possible at any time, e.g. via the deregistration link at the end of every Newsletter. Alternatively you can direct your request for deregistration at any time to the contact details set out above.
In order to complete your registration as user of the Platform and keep you updated with the status of your investment, we will communicate with you via email, SMS or letter, using the addresses and phone number provided. Users are hereby expressly informed that, in principle, the possibility of unauthorised third parties being able to view, read, manipulate and/or delete electronically transmitted data cannot be excluded.
Legal Basis for this is Art. 6 sec. 1 lit b GDPR, as contacting you serves purposes of our contractual relationship.
To improve our services, we will also use your data for general market and opinion research. We will, of course, use your data only for statistical purposes and in an anonymised form. Your responses to survey questions will not be published or disclosed to third parties without your consent. We will not store your responses to our surveys in combination with your email address or other personal data.
You may partially or fully opt out of your data being used for market and opinion research at any time by sending a written message to our postal address or email address, indicated in section 1 above. All survey emails automatically include a link to unsubscribe from further mailings.
Legal Basis for this is Art. 6 sec. 1 lit. f, as it is our legitimate interest to understand our target audience and improve our business.
For a part of our service it is necessary for us to insert cookies. A cookie is a small text file which is saved by your browser on your device. Cookies are not inserted to execute programs or to load viruses into your computer. Instead the main purpose of cookies is to provide a product or service especially tailored to yourself and to make use of our services as time-saving as possible.
We use our own cookies in particular
In this way we wish to enable you to use our website in a convenient and individual way. These services are based on our foregoing legitimate interest, and the legal basis is Art. 6, Paragraph 1 sec. 1 lit. f GDPR
You can change your browser settings to prevent cookies from being accepted, unless you have approved them. In most cases, the help function in the menu bar of your web browser will explain how to reject new cookies and how to disable cookies you have already received.
We recommend always logging out fully after you have used a computer which has multiple users and is set up to accept cookies.
In order to provide you with interesting and customised offers, this website uses interest- based online advertising. For this purpose, we use so-called retargeting technology that is based on cookies. This allows us to address visitors to our platform who showed interest in our products on websites of our partners. We will only collect anonymised and pseudonymised data and will not merge usage profiles with personal data. In the event that you should not wish to receive interest-based advertising, you may prevent this by selecting the respective settings under the hyperlink http://preferences-mgr.truste.com/
This site offers an opt-out mechanism for internet-based advertising in a bundled way. The website of TRUSTe, Inc, 835 Market Street, San Francisco, CA 94103-1905, USA (“TRUSTe”) allows you to either deactivate all advertisements across-the-board, or alternatively, block individual advertisement providers. Please note that after deletion of all of your browser’s cookies or usage of another browser at a later stage, the opt-out cookie must be reset.
For more information about interest-based advertising and opt-out options, please visit www.truste.com/consumer-privacy/about-oba/.
Google will process the information so gained in order to evaluate your use of the website, to assemble reports on the website activities for the website operators, and to supply further services connected with website use and internet use.
As set out above, you can so configure your browser that it rejects cookies, or you can prevent the capture of the data generated by cookies and relating to your use of our website (including your IP-address) and the browser add-on provided by Google.
You will find more detailed information on this matter in the Privacy Statement of Google Analytics.
Our website uses Matomo (formerly called Piwik), an open-space analysis platform of InnoCraft Ltd., 150 Willis St, 6011, Wellington, New Zealand. Matomo uses a cookie which is placed and stored on your browser when you visit our website and also transmits your anonymised IP address. I.e., when transmitting data to our server, the IP address is so abbreviated that we can no longer identify you as a visitor to our website. The user data transmitted to us by the cookie are only evaluated by ourselves and are not passed on to third parties. This evaluation serves only to enable us to optimise our website and to develop it further.
You will find more detailed information on this matter in Matomo’s Privacy Statement.
We will analyse such log files data in anonymised form, in order to continually improve our services and make them more user-friendly, to identify and correct errors more quickly and to manage server capacity. We will analyse such log files in an unanonymised form only to prevent fraudulent use of our platform.
You should never share your passwords with unauthorised third parties and you should change them regularly. Every time you leave the Platform, you should log out of your session and close your browser window to prevent unauthorised users from accessing to your CrossLend user account.
You have the right at any time to require us to provide information about the processing of your personal data (right of access). When providing you with this information we shall explain the data processing and supply an overview of the data relating to your person which are stored. Should data stored with us be inaccurate or no longer up-to-date, you enjoy the right to have these data corrected (right to rectification). You can also require the erasure of your data (right to erasure or right to be forgotten). Should the erasure exceptionally not be possible due to other legal regulations, the data processing will be restricted, so that in future they are only available for this statutory purpose. You can also have the processing of your data restricted, i.e. if you believe that the data which we have saved are not correct (right to restriction of processing). You also have the right of data portability, i.e. that we send you on request a digital copy of the personal data which you have provided (right to data portability).
To exercise your rights as set out here, you can communicate with the foregoing contact details at any time. This also applies should you wish to receive copies of guarantees for certification of an adequate data-protection level.
You also have the right to object to the data processing based on Art. 6, para., lit. e or f of the GDPR. Finally, you have the right to complain to the regulatory authority to which we are subject. You can exercise this right at a regulatory authority in the member country of your place of residence, of your workplace, or of the place of alleged breach. In Berlin where client is located the competent regulatory authority is: Data Protection and Freedom of Information Officer, Friedrichstrasse 219, 10969 Berlin.
Under Article 7 sec. 3 GDPR you have the right at any time to withdraw to us any consent which has once been given. This will have as a consequence that in future we no longer continue the data processing based on this consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Insofar as we process your data on the basis of legitimate interests under Art. 6, sec. 1 lit. f GDPR, you have the right under Art. 21 GDPR to object to the processing of your data and to mention grounds relating to your particular situation that in your opinion speak in favour of prevailing legitimate interests. Where personal data are processed for direct marketing purposes, you have a general right of objection which will also be implemented by us without your stating reasons.
We occasionally update this Data Privacy Statement, for instance when we revise our website or statutory or official regulations change.