Fund of Excellence

Michael Bacher - Neuschnee GmbH

Bianca | 26. June 2018 Als PDF herunterladen

Michael Bacher, CEO Neuschnee GmbH, hat es geschafft und mit der Unterstützung von Fund of Excellence seinen Traum verwirklichen können. Lebe auch du deinen Traum.

Quellenverzeichnis

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Media owner and publisher:
Fund of Excellence Förderungs GmbH
Am Belvedere, 1100 Vienna
Telephone: +43(0)5 0100 - 11268
Fax: +43 (0)5 0100 9 - 11268
E-mail: forbeststudents@erstebank.at

Registered office in Vienna, Companies’ Register no. (FB-Nr.) 33501t
Commercial Court of Vienna (Handelsgericht Wien)
VAT identification no. ATU 61736866

Managing directors:
Günter Benischek
Mag. Natalia Corrales-Diez

Participating in the media owner:
EB Erste Bank Internationale Beteiligungen GmbH (49 %)
Business branch: Holding
Am Belvedere 1, 1100 Wien
Companies’ Register no. (FB-Nr.) 84751 i Commercial Court of Vienna (Handelsgericht Wien)

Participating in EB Erste Bank Internationale Beteiligungen GmbH:
Erste Group Bank AG (100 %)
Purpose of the enterprise: credit institution
Am Belvedere 1, 1100 Vienna
FCompanies’ Register no. (FB-Nr.) 33209m, Commercial Court of Vienna (Handelsgericht Wien)

Participating in Erste Group Bank AG
http://www.erstegroup.com/de/Impressum

WSV Vermögensverwaltung GmbH (3 %)
Schottenring 30, 1010 Vienna
FN 381422s Handelsgericht Wien

Companies’ Register no. (FN) 381422s Commercial Court of Vienna (Handelsgericht Wien)

Participating in WSV Vermögensverwaltung GmbH:

WIENER STÄDTISCHE VERSICHERUNG AG Vienna Insurance Group (100 %)

Participating in WIENER STÄDTISCHE VERSICHERUNG AG Vienna Insurance Group:
https://www.wienerstaedtische.at/impressum-rechtshinweise.html

DIE ERSTE österreichische Spar-Casse Privatstiftung (48 %)
Friedrichstrasse 10, 1010 Vienna
Companies’ Register no. (FB-Nr.) 72984 f Commercial Court of Vienna (Handelsgericht Wien)

Basic direction of the content
- Information on the products and services offered by Fund of Excellence
- Possibility of non-binding inquiry with regard to an online application for an investment

Disclaimer – important legal information
Fund of Excellence GmbH has made all reasonable efforts in order to ensure that the information provided on this website is correct and complete at the time of provision. However, there might have been unintended and accidental errors for which we would like to apologize.

Links
Fund of Excellence Förderungs GmbH does not check other websites to which direct access possibilities (links) have been established on Fund of Excellence Förderungs GmbH websites for their content and lawfulness. Fund of Excellence Förderungs GmbH does not have any influence on the design of these websites and expressly distances itself from the contents presented there that might possibly be unlawful. Furthermore, Fund of Excellence Förderungs GmbH does not assume any responsibility for such contents and is also not liable for such contents.

E-mails
In accordance with the Austrian E-Commerce Act (E-Commerce Gesetz), we would like to point out that e-mails sent to us are only accessed during the normal business hours.

Non-binding inquiry:
We also would like to point out that an automatically generated e-mail including annexes in PDF formats will be sent when sending a non-binding inquiry via the homepage (www.fundofexcellence.com) disclosing personal data such as inter alia the e-mail address . These automated e-mail responses are transmitted by a host responsible for the homepage (third-party provider). The data will not be stored and processed by the third-party provider.

Transmission of data to third parties and third-party providers
Data will only be transmitted to third parties within the framework of the legal requirements. We only transmit data of the users to third parties if this is for example necessary pursuant to Art. 6 par. 1 lit. (b) of the GDPR for contractual purposes or on the basis of legitimate interests pursuant to Art. 6 par. 1 lit. (f) of the GDPR as regards the economic and effective operation of our business establishment.

Insofar as we use third-party providers in order to provide our services, we take appropriate legal measures as well as corresponding technical and organizational measures to ensure the protection of personal data pursuant to the relevant legal provisions.

Languages
You can communicate with us in the following languages: German and English.

Data protection and data processing
Since 25-05-2018, the General Data Protection Regulation, abbreviated to GDPR, is applicable in the European Union. It includes provisions on the processing and protection of your personal data.

You will find explanations regarding the type of data collected when visiting our website as well as regarding the use of these data in the following:

1. Personal data

Personal data will only be recorded and processed on our website if you actively entered them, for example during the registration. Indirect personal data with the exception of the IP address, the storage of which is technically necessary to use this service, are not stored or processed.

Personal data you transmit to us by e-mail in the course of the selection process are used by us to assess your application. We will erase these data after expiry of the necessary time periods (e.g. legal requirements: pursuant to sec. 212 par. 1 of the Austrian Commercial Code (UGB, Unternehmensgesetzbuch)) after the end of the contract or, respectively, keep them after the end of the contract as long as they are relevant for possibly pending proceedings or possible proceedings before a court or authority we are made a party to; or – if no contract is validly entered into – 2 years after the processing of your application documents.

2. Which personal data are processed

Personal data you transmit to us by e-mail in the course of the selection process are used by us to assess your application.

Master data: Citizenship, civil status, identification data, secondary contact, telephone number (mobile/private and/or business), e-mail address, main domicile (country, postal code, place, street, house number, door/flat), number of persons living in the household, address for correspondence (country, postal code, place, street, house number, door/flat), bank details (IBAN and BIC) as well as professional details on the name of the company/employer, business address, monthly and annual gross income according to income tax assessment notice, profession, position and details on the start of the gainful activity, sector.

Additionally: Data resulting from counselling interviews and the application process incl.: interests, personal development plans, details on education and further training, other skills (language, IT, etc.), house budget, income expectations, disclosure of possessed portfolios of/out of capital market products, scholarships, study materials and other funding support, financial obligations; business plans, CVs, extracurricular skills/competences, motivation letters. Image and sound data, e.g. video records, recorded telephone conversations and your photo (provided that you consented)

In case of entrepreneurs and enterprises additionally: Company name, legal form, contact person, address, (country, postal code, place, street, house number, door/flat), fax and telephone number, e-mail address, sector, Companies’ Register number, Associations’ Register number, VAT identification number as well as details on a possible trusteeship, size of the enterprise, annual turnover or participations in enterprises (participating enterprises, shares, turnover, registered office and sector of the participating enterprises), business documents – e.g. budget accounting, profit and loss accounts.

As well as: Any and all contract data and processing results specified in our contract to fulfil the contracts and consents as well as data to fulfil legal and regulatory requirements.

Most personal data that we process about you have been disclosed to us by yourself, for example in the application.

Furthermore, the data can originate from the following sources:

Debtor registers such as of the credit protection association KSV1870 Holding AG, CRIF GmbH

Publicly accessible data such as from the Companies’ Register, Land Register, Insolvency File, Associations’ Register

Additionally, we may receive data from state authorities or from persons in public service functions such as curatorship or criminal courts, public prosecutor’s offices, court commissioners. You may assert your right to obtain information for a detailed list concerning yourself.

State-of-the-art encryptions and access restrictions offer the best protection against an unauthorized access to transmitted or stored data.

3. Use and transmission of personal data

Personal data transmitted to us by you will only be used to answer your questions, to conclude contracts and for the technical management and will only be transmitted based on requests of Austrian authorities after corresponding court proceedings.

Your personal data will only be transmitted to third parties if this is necessary for the contract implementation or, respectively, after you have given your consent. You have the right to withdraw your consent at any time; the withdrawal will become valid upon the time of the withdrawal.

4. Right to obtain information on data as well as right to rectification and erasure of data

You may at any time request information on your stored data communicated by you and you are entitled to have data rectified or erased pursuant to the provisions of the Austrian Data Protection Act (Datenschutzgesetz) (in particular pursuant to the sections 26-28 of the Austrian Data Protection Act (DSG)). In such cases, please send us a letter to the address of our enterprise indicated in the imprint.

We will erase data stored by us after expiry of the necessary time periods (e.g. legal requirements: pursuant to sec. 212 par. 1 of the Austrian Commercial Code (UGB)) after the end of the contract or, respectively, keep them after the end of the contract as long as they are relevant for possibly pending proceedings or possible proceedings before a court or authority we are made a party to; or – if no contract is validly entered into – 2 years after the processing of your application documents.

Our data protection officer is Mag. Natalia Corrales-Diez. You can contact her by sending an e-mail to the general e-mail address mentioned in the imprint.

5. Cookies

Cookies are used in different parts of our website. Cookies are small text files that recognize a user when the user uses the website again. In this case, however, personal data such as the name or address are not stored. Or in other words: You cannot be identified based on the relevant information. We use cookies in order to tailor our offers to your needs and to analyse how these offers are used. You can set up your browser in such a way that your consent has to be obtained before a cookie is used or generally block the use of cookies. Our offers can in principle also be used without cookies.

6. Social networks and automatic download of images

We collaborate with different social networks. When using this service, your browser will automatically be connected to the relevant network and will thereby transmit your IP address and also other information such as cookies if you have already visited the platform concerned before. If possible, we avoid this kind of data transmission until you actually interact with one of the platforms. By clicking the symbol concerned (e.g. Twitter logo), you indicate that you are ready to communicate with the chosen platform (in this case Twitter) and that information on you such as your IP address is transmitted to this social network.

7. Web analytics

In order to obtain a better statistical evaluation of our flow of visitors, we produce statistics not containing any personal data with the aid of the German service provider Webtrekk. You can object to the data storage by Webtrekk by setting a cookie with the name webtrekkOptOut. This objection applies as long as the cookie is not erased.

Modifications of the data protection declaration

Fund of Excellence Förderungs GmbH reserves the right to change or supplement the information provided without a prior announcement, e.g. to adapt it to changed legal situations, if applicable, or in case of a modification of our offer as well as of our data processing. Insofar as consents of the users are required or, respectively, insofar as the regulation of the contractual relationship with you is concerned, modifications shall only take place with your consent. However, we ask you to inform yourself on the content of the data protection declaration on a regular basis.

1. Scope of Application

1.1. The following General Terms and Conditions (the T&C") shall govern all business relationships between Fund of Excellence Förderungs GmbH ("FoE"), an impact investment fund and operator of the website https://www.fundofexcellence.com" ("Website") and visitors of the Website as well as persons using one or several of the services offered on the Website (the "User"; the User and FoE are together referred to as the "Contracting Parties"), respectively in the version valid at the time the Contract is concluded.

1.2. By ticking the box in the course of the non-binding inquiry and registration on the Website, the User accepts these T&C and agrees with their content. The T&C can be accessed at the Website “T&C”, printed, downloaded and stored.

1.3. FoE expressly objects to any diverging general terms and conditions of the User. Diverging or supplementary general terms and conditions of the User shall not become part of the Contract even if they have not expressly been objected to. Deviations from these T&C, supplementary agreements or any opposing terms and conditions of the User shall only be valid if they are confirmed by FoE in writing.

2. Service Provision and Subject-Matter of the Contract

2.1. FoE offers investment in students, parents and/or entrepreneurs (the “Applicants”) with the aim of improving the opportunities of the Investee to generate a higher Earned Income provided that the Investees were assessed positively in the course of the selection process (application process). FoE shall be entitled to organize the selection process at its own and free discretion, not to accept Applicants for an investment at its own and free discretion and, in general, to change any and all criteria of FoE for accepting of an Applicant for an investment at any time before concluding the investment contract. The selection process shall exclusively serve to assess the Applicants for the purposes of FoE. An Applicant is expressly not entitled to (i) demand the provision of the result from the selection process from FoE or, to the extent legally permitted, (ii) derive any claims whatsoever from a result of the selection process, from which the Applicant gains knowledge of.

2.2. An Applicant who has been admitted to an investment by FoE (the “Investee”) shall as a consideration pay a certain percentage share of the Earned Income of the Investee to FoE for a certain time period after the beginning of the corresponding Gainful Activity of the Investee.

2.3. The Investee shall receive Investment Funds for the Supported Project, however, without assuming the obligation to pay the Investment Funds back. The Investee shall only undertake to pay a percentage share of the Earned Income actually generated by the Investee to FoE. FoE shall thereby participate in the opportunity that the Investee generates higher earnings in the later occupational life of the Investee due to the investment of FoE and the implementation of the Supported Project.

3. Conclusion of the Contract

The Contract between FoE and the Applicant shall only be entered into upon conclusion of the Investment Contract. Neither FoE nor the Applicant are obliged to enter into the Investment Contract due to the result of the selection process, whatsoever, and the conclusion of the Contract shall be at the own discretion of FoE and/or the Applicant.

4. Liability

4.1. FoE shall exclusively be liable – for any legal reason whatsoever – if a damage was caused by FoE with gross negligence or intent. The liability of FoE for slight negligence shall – except for personal damages – be excluded.

4.2. FoE generally makes the Website available 24 hours a day and 7 days a week for non-binding inquiries. According to the current state of the art, there is no procedure which can guarantee that a software is free of errors. As a result, interruptions in data transmission may occur while using the Website. FoE shall not be liable for malfunctions, errors, delays and other service failures occurring when transmitting contents via the internet provided that they are not caused with gross negligence or intent.

4.3. The systems of FoE are protected against attacks of hackers and viruses by measures corresponding with the state of the art. Nevertheless, the risk of such attacks cannot be excluded. Unless a virus infection or a hacker attack are caused due to a grossly negligent or intentional neglect of the security settings by FoE, FoE does not assume any liability for the damage resulting therefrom.

4.4. The Website is used on the own responsibility and at the own risk of the User. FoE does not assume any liability for loss of data or a computer damage occurring when data is accessed via the Website.

4.5. FoE shall not be liable for contents possibly provided on the Website by any other third parties or for the content of websites of third parties (e.g. external links, banners or other information and advertising offers) to which FoE has established a link.

5. Copyright, Links

5.1. The Website and the software on which it is based are protected by copyright and may – in excess of the right of use granted – neither be used nor modified without the prior written consent of FoE. Moreover, the design of the Website and in particular of the contents provided on the Website (e.g. photos, images or texts) are protected by copyright or, respectively, are subject to other laws on the protection of intellectual property and FoE is entitled to the rights related therewith, unless otherwise designated.

5.2. The direct or indirect references to third-party websites offered on the Website (e.g. external links, banners or other information and advertising offers) are provided in the interest of the User. The contents offered on the linked websites are not designed by FoE. FoE does not have any influence on these websites; these websites are accessed on the sole responsibility of the User. It is not possible to constantly check the contents of the linked websites.

6. Applicable Law and Place of Jurisdiction

6.1. These T&C as well as any and all agreements entered into between the Contracting Parties, in particular the Investment Contract, are governed by Austrian law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) and the conflict-of-laws rules of private international law. In terms of consumers, this choice of law shall only apply insofar as the consumer is thereby not deprived of the protection granted by the mandatory provisions of the law of the country of habitual residence of the consumer.

6.2. The court having substantive jurisdiction in Vienna, Inner City (Wien, Innere Stadt) shall be competent for any and all actions brought against FoE by the User for disputes arising out of the contractual relationship. The right of the User to bring an action against FoE at any other legal place of jurisdiction shall remain unaffected thereby. One of the courts in the district where the domicile, habitual residence or place of employment of the User is situated shall be competent for all actions brought by FoE against a User having the domicile, habitual residence or place of employment in Austria for disputes arising out of the contractual relationship. The statutory places of jurisdiction shall apply to Users not having a domicile in Austria when the Contract is concluded.

7. Final Provisions

7.1. If individual provisions of these T&C or of an agreement entered into between the Contracting Parties, in particular of any Investment Contract, are or become invalid, the remaining content of the T&C and/or the agreement, in particular of any Investment Contract, shall remain unaffected thereby. The invalid provision shall be replaced by a valid provision being legally effective and coming closest to the economic purpose of the legally invalid provision.

7.2. Amendments of, supplements to and ancillary agreements to these T&C or an agreement entered into between the Contracting Parties, in particular of/to any Investment Contract, require the written form to be valid. The same shall apply to the agreement to derogate from this form requirement. In case of contradictions between these T&C and deviating written agreements between the Contracting Parties, the provisions of the deviating agreements shall take precedence.

Fund of Excellence

Quellenverzeichnis

Impressum

Fund of Excellence - General Terms and Conditions - Appendix B