TABLE OF CONTENTS

Introduction

Sushi Labs (“Company”, “us” or “we”) respects your privacy and is committed to protecting it through our compliance with this privacy policy. This policy describes the types of information we may collect from you or that you may provide when you use our Services (as this is defined in the Terms of Use of which this policy is a part).

This privacy policy is part of the Terms of Use applicable to the use of our Services. Please review this policy together with the Terms of Use, to understand all of your rights and obligations, and how we operate our Services.

This privacy policy applies to information we collect: 

● On the Services; 

● In email, text, and other electronic messages between you and the Services; 

● Through mobile and desktop applications, if any, that you download from the Services, if this policy is posted to them; 

● When you interact with our advertising and applications on third-party websites and services, if such advertising or applications include links to this policy; and 

● Through any other means associated with or relating to the Services. 

This policy does not apply to information collected by: 

● Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or 

● Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Services. 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using the Services, you agree to the terms of this privacy policy. 

This privacy policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the privacy policy periodically for updates. 

Information about Children 

Our Services are not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any personal information to us or on or through the Services. 

We do not knowingly collect personal information from children under the age of sixteen (16). If you are under sixteen (16), do not use or provide any information on the Services or on or through any of its features or register on the Services (if such feature is available), make any purchases through the Services (if such feature is available), use any of the interactive or public comment features of the Services (if such feature is available) or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. 

If we learn we have collected or received personal information from a child under sixteen (16) years of age, we will delete that information. If you believe we might have any information from or about a child under the age of sixteen (16), please contact us at privacy@saru.exchange. 

Information We Collect About You and How We Collect It 

We may collect several types of information from and about users of our Services (some of which is considered “personal information” pursuant to applicable law), including: 

● Identifiers, such and names and email addresses, and any other information that the Services collect, which applicable law may consider personally identifiable, personal information, personal data, and other such designations; 

● Information about your digital wallet and transactions on the DEX;

● Information about the device you use to access the Services;

● Your IP address, or another unique online identifier; 

● Your device characteristics and functionality (including information about your device type, operating system, hardware, mobile network, browser type, window size, browser language, etc.);

● Referring and exit web pages and URLs; 

● Your device location or other geolocation information; 

● Your browsing history; 

● Information about your internet connection and internet provider; and

● Content, recordings, and other information that we or our service providers may take from your user sessions.  

We collect this information: 

● Directly from you when you provide it to us (including when you request something from us or our service providers, participate in our forums or blogs, or partner with us).

● Automatically as you navigate through the Services, including through the use of cookies, web beacons, and other tracking technologies (including information about your network or computing device) and analytics services; 

● From third parties, for example, our business partners and service providers;

● Records and copies of your correspondence (including email addresses), if you contact us through the Services;

● When you engage in transactions on our Services;

● When you run searches on our Services; and

● When you contact our customer service agents, if available.

Automatic Data Collection Technologies

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about you, your equipment, your technology providers, and your activities, including: 

● Details of your visits to our Services, including traffic data, browsing patterns, location data, logs, and other communication data and the resources that you access and use on the Services; and

● Information about your device and about your internet connection and service provider, as set forth above. 

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). 

The information we collect automatically may be statistical data and may also include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This information enables us to: 

● Allow you to use and access the Services;

● Prevent fraudulent activity and improve security functionality;

● Assess the performance of the Services, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Services;

● Offer you enhanced functionality when accessing the Services, including identifying you and keeping track of your specified preferences; 

● Deliver content relevant to your interests on our Services and third-party sites based on how you interact with our advertisements and/or content;

● Estimate our audience size and usage patterns;

● Speed up your searches; and

● Analyze our services and products and perform market research.

When you visit or leave our Services by clicking a hyperlink or when you view a third-party site that includes our plugins or cookies (or similar technology), we may automatically receive the URL of the site from which you came or the one to which you are directed. 

We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we may use for fraud prevention and security purposes. We may use this information to provide customized services, content, and other information that may be of interest to you. If you no longer wish for us, our affiliates, or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions on how to do this. Please note that if you disable such features, your ability to access certain features, services, content, or products may be limited or disabled. 

The technologies we use for this automatic data collection may include: 

● Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Note that while you can set your browser to not allow cookies, we may not be able to honor that request, and may track your activity and collect information about you and your online activities even when the browser is set to “do not track”;

● Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies and you may not be able to shut down our collection of and use of information through this technology;

● Web Beacons, Pixels and Tags. Pages of our Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity);

● Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as information about the links you click on;

● ETag, or entity tag. An ETag, or entity tag, is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. It is one of several mechanisms that HTTP provides for web cache validation. These allow websites to be more efficient and not serve content again, when data is already cached and ready to view;

● Fingerprinting. Fingerprinting refers to the collection and analysis of information from your device, such as your operating system, plug-ins, system fonts and other data, for purposes of identification;

● Recognition Technologies. Recognition technologies refers to various technology features used by websites, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user); and

● Log Files. These track actions occurring on our Services, and help us collect your IP address, browser type, Internet service provider, the webpages from which you came or to which you go before and after visiting our Services, and the date and time of your visits.

Google Analytics 

We use Google Analytics, a service provided by Google, Inc. (“Google”) for various purposes, including potentially to analyze traffic on our Services, to grow our business, to improve and develop our services, to monitor and analyze use of our services, to aid our technical administration, to increase the functionality and user-friendliness of our services, and to verify that users have the authorization needed for us to process their request. Google may collect your IP address, and other information (although typically not your name), and utilizes the data collected to track and examine the use of our Services, and to prepare reports for us based on your activities online, among other uses. As part of Google Analytics, Google tracks many variables, including what website you visited prior to coming to our Services, how long you stay on a particular page, and your geographic location. Please be aware that Google uses the data it collects from our Services for its own purposes, and we do not control or direct such usage. Please visit Google's privacy policy to understand how Google uses the information it collects: https://policies.google.com/privacy?hl=en-US. 

You may be able to opt out of the use of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.  

Hotjar  

We may use Hotjar Limited  (“Hotjar”) to understand how you interact with our Services, so that we can better assess your needs and incorporate your feedback into our Services. Hotjar is a service that uses cookies and other technologies to collect data about your device and your behavior on our Services (for example, how long you spend on pages and which links you choose). Such information may include your device's IP address (processed and stored in a de-identified form), device information, browser information, country location, and preferred language. Hotjar stores this information on our behalf in a pseudonymized user profile and Hotjar is contractually forbidden to sell any of the data that it collects on our behalf. For more information, please visit Hotjar's support site at: https://help.hotjar.com/hc/en-us/categories/115001323967-About-Hotjar and Hotjar's privacy policy at: https://www.hotjar.com/legal/policies/privacy/. 

Behavioral Advertising 

We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative's (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 

You can opt out of certain targeted advertising, and learn more about your options related to such advertising, by using the links below:

● Google: You can customize your experience with advertisements through Google services by visiting https://support.google.com/ads/answer/2662856/control-the-ads-you-see-android?hl=en. You can opt out of having your website activity available to Google Analytics by visiting https://support.google.com/analytics/answer/181881?hl=en and installing the Google Analytics opt-out browser add-on available at https://chrome.google.com/webstore/detail/google-analytics-opt-out/fllaojicojecljbmefodhfapmkghcbnh?hl=en. 

● Hotjar: Please visit https://www.hotjar.com/legal/policies/privacy/ and https://www.hotjar.com/policies/do-not-track/ to learn more about your ability to opt-out of certain data processing by this service provider. 

Do Not Track

Do Not Track (“DNT”) is a concept promoted by certain regulatory authorities and industry groups for development and implementation of a mechanism that would allow internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that allows a user to set a preference in the browser to not have his/her activities on the internet tracked. You can usually access your browser's DNT option in your browser's preferences. When a user's browser is set to DNT, some cookies and other tracking technologies may become inactive, depending on how the website visited responds to DNT browser settings. If that occurs, the website visited will not recognize you or your preferences upon return to that website, and some other features of a website may become unavailable or not function properly. Given the lack of a standard in the industry or any clear regulatory guidance on this issue, we do not comply with DNT signals from your browser at this time. 

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Services may be served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any personal information: 

● To present our Services and their contents to you;

● To provide you with information, products, or services that you request from us;

● To fulfill any other purpose for which you provide it;

● To provide you with notices about your transactions and/or the Services;

● To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, if needed;

● To notify you about changes to our Services or any products or services we offer or provide though them;

● To allow you to participate in interactive features on our Services, if any; 

● To develop and improve our products and services;

● For behavioral tracking, profiling and advertising; 

● For any other purpose as needed for our business;

● In any other way we may describe when you provide the information;

● For any other purpose with your consent; and 

● To contact you about our own and third-parties' goods and services that we think may be of interest to you. 

Disclosure of Your Information 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this privacy policy: 

● To our affiliates;

● To contractors, service providers, and other third parties we use to support our business and assist us in providing services and offering our products;

● To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Services users is among the assets transferred;

● To third parties to market their products or services to you;

● To fulfill the purpose for which you provide it;

● For any other purpose disclosed by us when you provide the information; and

● With your consent. 

We may also disclose your personal information: 

● To comply with any court order, law, or legal process, including responding to any government or regulatory request;

● To enforce or apply the Terms of Use, including this privacy policy, and any other agreements between us, including for billing and collection purposes; and

● If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and risk reduction. 

Data Security 

We have implemented measures intended to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure while you use the Website. Unfortunately, the transmission of information via the internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted through or collected through the use of our Services. Any transmission of personal information is at your own risk.

You acknowledge and agree that, while using the DEX, all information pertaining to your transactions will be made public on the blockchain, and that this information recorded on-chain is no longer considered personal information under applicable law.   

We are not responsible for circumvention of any privacy settings or security measures contained on the Services. 

California Residents

California Civil Code Section § 1798.83, known as the “Shine The Light” law, permits users of our Services who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding year, and the names and addresses of those third parties.  You may request this information from us no more than once a year, but such request will be handled by us free of charge to you.  To make such a request, please send an email to privacy@saru.exchange. 

Changes to Our Privacy Policy 

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email if we have an email address on file for you, and/or we may post a notice on the Websites' home pages. The date this privacy policy was last revised is identified at the top of this page. You are responsible for periodically visiting our Websites and this privacy policy to check for any changes. 

Contact Information 

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

E-mail: privacy@saru.exchange   

EUROPEAN PRIVACY NOTICE 

The General Data Protection Regulation (“GDPR”) imposes certain rules in respect of data protection of individuals, and these rules apply to organisations who process personal data related to the offering of goods and services to individuals in the European Economic Area (“EEA”), including the European Union (“EU”). Switzerland and the United Kingdom (“UK”) have also implemented their own versions of the GDPR.  

Sushi Labs (and referred to herein as “Sushi” or the “Company”).  The Company is committed to complying with the GDPR and the applicable United Kingdom and Swiss equivalents thereof, and this privacy notice contains important information on who we are, how and why we collect, store, use and share personal information, the rights in relation to personal information and how to contact us and supervisory authorities in the event that our European, Swiss, or United Kingdom customers have a complaint.   

This European Privacy Notice (the “Privacy Notice”) applies solely to persons located in the EU, Switzerland, or the United Kingdom, as applicable, at the time of personal data collection by or on behalf of the Company.

INTRODUCTION 

The Company respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you about how we look after your personal data when you use our Services, and tell you about your privacy rights and how the law protects you, and about how we process your personal data as part of our business. Please see the Glossary (below) for more information regarding the terms used herein.

1.  IMPORTANT INFORMATION AND WHO WE ARE  

PURPOSE OF THIS PRIVACY NOTICE  

This Privacy Notice aims to give you information on how the Company collects and processes your personal data as part of our business, including any data you may provide through the Services.

The Services are not intended for children and we do not knowingly collect data relating to children. 

It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements the other notices and is not intended to override them.

CONTROLLER  

Sushi Labs is the controller and responsible for your personal data.  

If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us or our EU representative respectively, using the details set out for your region below.

CONTACT DETAILS   

With any inquiries relating to this Privacy Notice please contact: 

Users based in the UK / Switzerland: 

Sushi Labs Ltd

71-75, Shelton Street, London, United Kingdom, WC2H 9JQ

email: privacy@sushilabs.com 

Users based in the European Union (EU) / European Economic Area (EEA) contact our appointed EU representative: 

gunnercooke GmbH

Kurfürstendamm 15, 10719 Berlin, Germany 

email: EURepresentative@sushilabs.com   

HOW TO COMPLAIN

We hope that we can resolve any query or concern you raise about our use of your information.

The GDPR and its UK/Swiss equivalents also give you the right to lodge a complaint with a supervisory authority in the country where you work, normally live or where any alleged infringement of data protection laws occurred.  

YOUR DUTY TO INFORM US OF CHANGES  

This version was last updated on August 14, 2024.  

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS  

The Services may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-parties, and are not responsible for their privacy statements. When you leave our Services, we encourage you to read the privacy notice of every website you visit. 

1. THE DATA WE COLLECT ABOUT YOU  

Personal data, or personal information, as used in this Privacy Notice, means any information about a European individual from which that person can be identified. It does not include data where the individual's identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes a user identifier/username. 

• Contact Data includes email address.

• Financial Data includes your digital assets and display name. 

• Transaction Data includes details about transactions you have engaged in on the DEX.  

• Technical Data includes information about the device you use to access the Services; your IP address; your device characteristics and functionality (including information about your device type, operating system, hardware, mobile network, browser type, window size, browser language, etc.); referring and exit web pages and URLs; and your device location or other geolocation information. 

• Profile Data includes content and details about when you request something from us or our service providers, participate in our forums or blogs, or partner with us.

• Usage Data includes information about how you use our Services.  

• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. 

We may also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data by law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Services feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.  

IF YOU FAIL TO PROVIDE PERSONAL DATA  

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

2. HOW IS YOUR PERSONAL DATA COLLECTED?  

We use different methods to collect data from and about you including through: 

● Direct interactions. You may give us your Identity, Contact, Financial, Transaction, Marketing, and Profile Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

o Engage in, or inquire about or seek to engage in, transactions;

o Communicate with our personnel;

o Participate in our forums or blogs; 

o subscribe to receive communications from us or our service providers; 

o request marketing to be sent to you; or

o give us some feedback.

● Automated technologies or interactions. As you interact with our Services, we may automatically collect Technical and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see the Automatic Data Collection Technologies disclosures in the main body of our privacy policy for more information.  Please see our Cookie Policy for further details.

● Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below: 

● Technical Data from the following parties:

a) analytics providers; and

b) advertising networks. 

● Contact, Financial and Transaction Data from providers of technical and transactional services.

3. HOW WE USE YOUR PERSONAL DATA  

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

● Where we need to perform the contract we are about to enter into or have entered into with you (clause 6 (1)(b) GDPR). 

● Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (clause 6 (1)(f) GDPR).

● Where we need to comply with a legal obligation (clause 6 (1)(c) GDPR).

● With your consent (clause 6 (1)(a) GDPR). 

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications or cookies. You have the right to withdraw consent at any time by contacting us as set forth in Contact Details. 

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

We may render decisions automatically (without human interference) as to whether we may make available to you, and whether you are eligible to access our Services. We may use IP address and geolocation data, among other data, in automatically rendering such decisions. 

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us as set forth in Contact Details if you need details about the specific legal ground that we are relying on to process your personal data.  

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established, and you may utilize, the opt-in or opt-out procedures and preferences set forth in this Privacy Notice and any other privacy notice that we may make available to you.  

PROMOTIONAL OFFERS FROM US 

We may use your Identity, Contact, Technical, Transaction, Profile, and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you requested marketing communications or services from us and we think you may be interested in similar services, in each case, provided that you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING  

We will get your express opt-in consent before we share your personal data with any third-party for marketing purposes.

OPTING OUT  

You can ask us or third parties to stop sending you marketing messages at any time. To opt-out of our marketing communications, please click on the link in any marketing communication or contact us via our Contact Details To opt-out of third parties' marketing communications, please consult such parties' respective terms and privacy notices. 

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of a product purchase or other transactions. 

COOKIES AND SIMILAR TECHNIQUES

We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Services through your computer or mobile device. A cookie is a small file or piece of data sent from a website and stored on the hard drive of your computer or mobile device. 

Our Services use essential (strictly functional) cookies that ensure that the Services function properly. In addition, we use analytical cookies to measure the use and effectiveness of our Services. For analytical cookies, we ask your permission. We also use third party, tracking and targeting cookies, for which we also ask your permission. 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies, if such features are available in your browser. If you select this setting, you may be unable to access certain parts of our Services and/or the Services may not function properly. At any time, you can also seek to delete the cookies already placed from the hard disk of your computer, tablet, or phone, if such feature is available in your browser settings. For more information about the cookies we use, please see our Cookie Policy.

CHANGE OF PURPOSE  

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us via our Contact Details. 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

4. DISCLOSURES OF YOUR PERSONAL DATA  

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

● Internal Third Parties as set out in the Glossary. 

● External Third Parties as set out in the Glossary.

● Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.

To the extent within our control, we request that all third parties who process your personal data on our behalf respect the security of your personal data and treat it in accordance with the law, and only process your personal data for specified purposes and in accordance with our instructions.

5. INTERNATIONAL TRANSFERS  

Your personal data will be transferred outside the EU, UK, or Switzerland. 

Whenever we transfer your personal data out of these areas, we will do so in accordance with the GDPR and its corresponding regulations in Switzerland and the UK, which may mean that we will process your personal data in countries which the EU has designated as “adequate” or using other permissible transfer mechanisms, such as the Standard Contractual Clauses. For more information on where your personal data is processed, please refer to Section 5 of this Privacy Notice above (Disclosures of Your Personal Data). 

Please contact us as set forth in Contact Details if you want further information on, or a copy of written information relating to, the specific mechanism used by us when transferring your personal data outside of Europe. 

6. DATA SECURITY  

We have put in place security measures designed to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. 

We have procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. DATA RETENTION  

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?  

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. We maintain amongst others, the following retention terms. 

● Personal data relevant for tax, accounting, and financial reporting purposes will be retained for at least three (3) years;

● Contact details will be retained for at least one (1) year after you stop using or accessing the Services;

● After you end your relationship with us (e.g., cease visiting our Services) we may retain your personal data:

o for as long as necessary to comply with any legal requirement;

o on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;

o for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and

o for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

More information on the retention terms applicable to your personal data, can be obtained by contacting us and requesting access to your personal data. Please see Request access below for further information. 

In some circumstances you can ask us to delete your data. Please see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

8. YOUR LEGAL RIGHTS  

Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of the rights set out above, please contact us as set forth in Contact Details.

You have the following rights (please see your legal rights in the glossary for further details on your rights).

1. The right to access your personal data. 

2. The right to rectify your personal data that is inaccurate.

3. The right to have your personal data erased.

4. You may request the restriction of processing of your personal data. 

5. You may object to the processing of your personal data.

6. You have the right to data portability.

7. The right to revoke your consent. 

NO FEE USUALLY REQUIRED  

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU  

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request, in an effort to speed up our response.

TIME LIMIT TO RESPOND  

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9.  CHANGES TO THIS PRIVACY NOTICE

This Privacy Notice may be modified by us from time to time. The most current version of this Privacy Notice can always be found on our Services. We recommend that you consult this Privacy Notice regularly so that you are aware of any and all modifications.

10. GLOSSARY  

LAWFUL BASIS  

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us as set forth in Contact Details.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract, including providing you products or services you have requested. 

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES  

INTERNAL THIRD PARTIES: None. 

EXTERNAL THIRD PARTIES: 

• Service providers acting as processors based in the United States, EU, UK, and Switzerland who provide information technology (e.g., transactional, hosting, maintenance, email, etc.), anti-fraud, analytics, and marketing services. In this context, personal data may be transferred outside of Europe, specifically, to the United States. 

• Professional advisers and consultants acting as processors or joint controllers including administrators, lawyers, tax and financial advisers, and insurers based in the United States, EU, UK, and Switzerland who provide consultancy, banking, legal, insurance and accounting services. In this context, personal data may be transferred outside of the EEA, specifically, to the United States. 

• Regulators and other authorities acting as processors or (joint) controllers based in United States, EU, UK, and Switzerland who require reporting of processing activities in certain circumstances. In this context, personal data may be transferred outside of Europe, specifically, to the United States.  

YOUR LEGAL RIGHTS  

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer (data portability) of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.