Privacy Notice
Last Updated: February 1, 2024 Version: 1.0
Why Do You Need this Privacy Notice?
You should carefully read this Privacy Notice as it provides you with information about your personal data being processed in connection with your access to and use of the Platform.
In this Privacy Notice, personal data and personal information are used as synonyms and mean any information that directly or indirectly identifies you as an individual. This Privacy Notice explains which types of personal data are held on you, how they are collected and processed, how long such data are stored, and so on.
Where Can You Find the Definitions?
Unless otherwise provided in this Privacy Notice, capitalised terms used in this Privacy Notice have the meanings determined in the Equadyne Terms of Service (the “Terms”). You should read these Terms carefully as they affect your obligations and legal rights.
Who Are We and How to Reach Us?
When we say “we”, “us”, or “our”, we mean Equadyne Inc., a BVI business company. With respect to personal data collected when you access and use the Platform, we act as a data controller, meaning that we determine what data is collected and the purposes and means of data processing.
We process your personal data in accordance with this Privacy Notice and we endeavour to comply with the applicable data protection legislation.
If you have any questions regarding this Privacy Notice or the processing of your personal data, do not hesitate to contact us via email at: info@equadyne.finance.
What Personal Data Is Collected?
General. The data processing under this Privacy Notice strives to be in line with the data minimisation principle, meaning that you are required to provide as little personal data as possible. Nonetheless, considering the essence of the Platform, it is not feasible to use the Platform without providing any information. While accessing and using the Platform, the below types of personal data may be collected. Please note that, if and to the extent required under the applicable laws, certain other personal information may be collected as well.
Category of Data
Examples
Description
Other Comments
Account Data
email address
–
Depending on the case, may be considered personal data.
password
–
Depending on the case, may be considered personal data.
Wallet Data
Wallet Addresses
“Wallet Address” means a public address on the respective blockchain associated with the relevant Wallet. It constitutes a random set of symbols assigned by the respective blockchain network.
While processing the Wallet Data, it is impossible to identify you as an individual, because it is not possible to identify you having only a random set of symbols.
Therefore, generally, this data is not personal. However, under the applicable data protection legislation, if such data is combined with certain other data (such as a name, email address, etc.) it may become possible to identify you as an individual and thus, such a set of data may be deemed personal information.
References to “Wallet Address” and “Transaction” in this Privacy Notice apply to the Wallet Addresses and Transactions on all applicable blockchain networks.
information about Transactions
This may include information about transactions associated with the Wallet Addresses and carried out through or in relation to the Platform (the “Transactions”), such as Transaction ID, amount, time and date, status, etc.
While processing the Wallet Data, it is impossible to identify you as an individual, because it is not possible to identify you having only a random set of symbols.
Therefore, generally, this data is not personal. However, under the applicable data protection legislation, if such data is combined with certain other data (such as a name, email address, etc.) it may become possible to identify you as an individual and thus, such a set of data may be deemed personal information.
References to “Wallet Address” and “Transaction” in this Privacy Notice apply to the Wallet Addresses and Transactions on all applicable blockchain networks.
Manager Data
name or alias
This does not have to be personal data.
This information is optional. Please do not provide personal data unless it is reasonably necessary.
contact details
This may include your email address or social media contacts, such as X (Twitter) accounts, Telegram handles, etc.
This information is optional. Please do not provide personal data unless it is reasonably necessary.
other
Any other data you choose to provide.
This information is optional. Please do not provide personal data unless it is reasonably necessary.
Contact Data
full name
This includes your first name, last name and middle name, if any.
Please do not provide it unless it is reasonably necessary or requested by us.
contact details
This may include your email address or social media contacts, such as X (Twitter) accounts, Telegram handles, etc.
–
any other requested data or data that you choose to provide
–
Please do not provide personal data unless it is reasonably necessary or requested by us.
How Is Your Personal Data Used?
Description
Lawful Basis for Processing
Account Data
To create and register an Account to access and use the functionality Platform.
To perform a contract with you.
If you act on behalf of a legal entity 一 our legitimate interest to ensure the access and use of the Platform by the legal entity you represent.
Wallet Data
To ensure the operation of the Platform and enable you to use the Platform functionality.
To perform a contract with you.
To enable you to carry out Transactions, arising out and in connection with your use of the Platform.
To perform a contract with you.
Manager Data
To allow you to provide more information about the Fund manager.
Our legitimate interest to achieve the same.
Contact Data
To respond to your inquiry.
Our legitimate interest to respond to your inquiry.
How Long Will Your Data Be Processed?
As a general rule, your personal data is retained as long as it is necessary for the purposes it was collected. Please note that certain personal data may be processed longer than outlined below, if it is necessary:
(a) to meet our legal obligations under the applicable law;
(b) in relation to anticipated or pending legal proceedings; or
(c) to protect our rights and legitimate interests or those of third parties.
Storage Period
Rationale
Account Data
As long as you keep your Account within the Platform.
We process your Account Data as long as it is necessary for the operation of your Account.
Wallet Data
As long as you keep your Wallet connected to the Platform.
Please note that due to the nature of a blockchain, the Wallet Addresses and Wallet Data associated therewith may be stored permanently on the applicable blockchain.
Wallet data is processed to make sure that you are able to use the platform functionality.
Manager Data
As long as the respective Fund exists and for one (1) year thereafter OR until you erase such data or request us to do so.
Manager Data is processed to maintain the Fund description provided by you. We further process the data pursuant to the statutes of limitations established in the Terms. Manager Data may be deleted or updated by you at any time.
Contact Data
For one (1) year from the last date when you contacted us regarding the same matter.
We set this retention period due to the statutes of limitations established in the Terms.
Can your data be shared?
General. Your personal information cannot be sold or rented. However, your personal data may be shared with certain categories of recipients in accordance with this Privacy Notice, applicable legislation, or with your consent, in each case for the purposes of and if it is reasonably necessary:
(a) to provide you with the access to the Platform and enable you to use its functionality;
(b) to improve Platform user experience and ensure Platform security; or
(c) for compliance with the applicable laws and regulations.
Please note that if any portion of your personal data is shared with third persons, we will endeavour to secure such transfer using appropriate legal, organisational, and technical measures.
Recipients. Given the purposes outlined above, your personal information is shared with the following categories of recipients:
Affiliates;
support and technical teams;
hosting service providers;
government authorities, upon their request or if necessary to comply with our legal obligations;
another entity if we sell or otherwise transfer the Platform or its components; and
other third-party solutions, which may be from time to time integrated into the Platform.
8. What Are the Features of Blockchain Data Processing?
Please note that the Wallet Data interacts with public decentralised blockchain infrastructures and blockchain-based software, including smart-contracts, that work autonomously. When anyone says that a blockchain is decentralised, this means that there is no single person who controls the blockchain or stores data available thereon, and when anyone says “public”, this means that the access is available for anyone and cannot be restricted. The data entered in a public decentralised blockchain is distributed via the nodes that simultaneously store all records entered into the blockchain.
By design, blockchain records cannot be changed or deleted and are said to be “immutable”. Please be aware that any Transaction within a blockchain is irreversible and information entered into a blockchain cannot be deleted or changed. Therefore, your ability to exercise certain data protection rights or abilities may be limited.
Due to the blockchain’s nature, once you start carrying out Transactions, certain data, which may be considered personal, will become publicly available on a blockchain. The ultimate decision whether to transact on a blockchain or carry out any Transactions rests with you.
Are You Subject to Automated Decision-Making?
Automated decision-making is the process of making a decision by automated means without any human influence on the outcomes. We may automatically block users based on their geographical location. This is necessary to restrict access to the Platform for the users, who are subject to any of the Prohibited Jurisdictions as outlined in the Terms.
If you do not agree with the outcomes of automatic decisions, you may: (i) request us to manually review the respective information and provide you with the outcomes of the review, and/or (ii) express your point of view and provide additional information or documents in order to contest the decision.
What About Interacting with Third-Party Links?
The Platform may include links and social media plugins to third-party websites and applications. Clicking on those links or enabling those connections may allow third parties to collect or share certain data about you. We do not control these third-party websites and applications, and are not responsible for their privacy statements. When you leave the Platform, we encourage you to read the privacy policy/notice/statement of every website or application you visit.
What Data Subject Rights Do You Have?
General. According to the applicable legislation, you may have the rights outlined below. In order to exercise your rights as a data subject, you may be requested to provide certain additional information to verify your identity and confirm that you have the right to exercise such rights.
Blockchain Data Processing. Please note that when you interact with a blockchain, certain rights that you may have pursuant to the applicable legislation with respect to the Wallet Data may not be exercised. For instance, your personal data may not be deleted, corrected, or restricted. You may learn more above in the “What Are the Features of Blockchain Data Processing?” section of this Privacy Notice.
Data Subject Rights. According to the applicable legislation, you may have the following rights:
Rights
Description
Right to access your personal data (commonly known as a “data subject access request”)
This enables you to ask whether your personal data is processed. If your data is processed, you may request certain information about the processing activity and/or a copy of the personal data that are held about you, and check whether the processing of such data is lawfull.
Right to rectification of the personal data
This enables you to have any incomplete or inaccurate data that are held about you completed or rectified, though it may be necessary to verify the accuracy of the new data you provide.
Right to erasure of your personal data (commonly known as a “right to be forgotten”)
This enables you to ask to delete or remove personal data where there is no good reason to continue processing it. You also have the right to ask to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where your information has been processed unlawfully or where your personal data are required to be erased to comply with local law.
Note, however, that your request of erasure may not be exercised for specific legal or technical reasons which will be notified to you, if applicable, at the time of your request
Right to object to processing of your personal data
This enables you to object to processing of your personal data where the lawful basis for their processing is legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts your fundamental rights and freedoms. You also have the right to object where your personal data are processed for direct marketing purposes. In some cases, the existence of certain compelling legitimate grounds to process your information, which override your rights and freedoms, may be demonstrated to you.
Right to restrict the processing of your personal data
This enables you to ask to suspend the processing of your personal data in the following scenarios: (i) if you want to establish the data’s accuracy, (ii) where the use of the data is unlawful but you do not want to erase it, (iii) where you need to hold the data even if there is no longer necessity to process it as you need such data to establish, exercise or defend legal claims, (iv) you have objected to the use of your data but there is necessity to verify whether there are any overriding legitimate grounds to use it.
Request the transfer of your personal data (commonly known as a “right to the data portability”)
Your personal data will be provided to you, or a third person you have chosen, in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent to use or where the information is used to perform a contract with you.
Right to withdraw consent
You may withdraw your consent at any time where the lawful basis for processing of your personal data is your consent.
Right not to be subject to automated decision-making
You reserve the right not to be subject to a decision based solely on automated processing of data, including profiling, which produces legal effects concerning you or similarly significantly affecting you.
Right to file a complaint
You may file a complaint with a relevant supervisory authority in case we violate your rights or obligations imposed on us under the applicable legislation. The relevant supervisory authority will particularly depend on where you are located.
Do We Process Children’s Personal Data?
The Platform is not intended for the use of children (under 18 years old or older, if the country of your residence determines a higher age restriction). We do not knowingly market to, solicit, process, collect, or use personal data of children.
If we become aware that a child has provided us with personal information, we will use commercially reasonable efforts to delete such information from our database. If you are the parent or legal guardian of a child and believe that we have collected personal information from your child, please contact us via the email address indicated in this Privacy Notice above.
Can this Privacy Notice Be Modified and Updated?
We keep our Privacy Notice under regular review and we may update it at any time. If we make any changes to this document, we will change the “Last Updated” date above. Please review this Privacy Notice regularly to check for the updates. If we make substantial changes to the way we treat your personal information, we will display a notice on the Platform.
Last updated