Last Updated: November 4, 2022
Collection of Information. 🤝
- Fairmint collects personal information and data about you (“Personally Identifiable Information”) when you use and engage with our Site or Services. Personally Identifiable Information includes non-public information and information that personally identifies you. Much of the information we collect is due to laws including regulations related to Know Your Customer (KYC) and Anti-Money Laundering (AML). For example, Personally Identifiable Information includes, but is not limited to, the following categories:
- Individual information – including your name, age, date of birth, and picture (if uploaded).
- Account information – including your Email, Wallet, Digital Assets, Subscription, account level, transaction history, usage, and other Account information.
- Contact information – including your mailing address.
- Identification information - including information used to verify your identity like passports, driver’s licenses, social security numbers, and other government issued forms of identity that you upload or submit.
- Financial information - including information used to verify your investment credentials, accredited investor status, transaction information, payment information, Wallet, Digital Assets, and the like.
- Computer information – including your internet protocol (“IP”) address, internet service provider (ISP), device identifiers, device type, browsing history and browser type, operating system, and the like.
- Use Information – including how you use the Site and Services, which pages you visit, links clicked, features used, dates and times of access, usage data, and other information about how you or your device interacts with our Site and Services.
- Demographic information – including your location information.
- Issuer information - if you attempt to setup an Account as an organization or business, you may be asked to provide information such as organization information, fundraising information, legal information, valuation information, financial assets, logos, trademarks, copyrights, agreements, financing agreements, and other information. We may also collect and monitor your data regarding token and securities issuances, Investors, Contributors, and any actions taken including but not limited to contributions, and other organizational actions.
- Third Party Information – including information and data we receive from third parties such as our vendors, partners, and service providers which may include contact information, identification information, financial information, purchase information, and other Personally Identifiable Information and Non-Personally Identifiable information (defined below) that you provide to third parties either directly or indirectly.
- Other data or information – including data that may be non-public or identify you in some other way. This includes, but is not limited to, any other information or documentation you submit, communications you have with us or others that occur through our Site or Services, your search history, data regarding your use of the Site and Services, and the like.
- Fairmint also collects non-personally identifiable information regarding your usage of our Site and Services (“Non-Personally Identifiable Information”). Non-Personally Identifiable Information includes, but is not limited to, usage information regarding our Site and Services, websites visited, frequency of visits, clickstream data, server information, browser information, device information including hardware and software information, internet connection information, cookies on your devices, search criteria used, date and time of access to our Site and Services, engagement and use of third-party services, log data including access times, and other information that does not specifically identify you.
- Information You Provide to Us – In addition to the information collection discussed above, we may receive and store certain information you knowingly provide to us. For example, this includes, but is not limited to, information you provide when you create your Account, data regarding your interactions with any part of our Site or Services, verifications of your identity, financial information, and any information you provide when engaging with third-party sites or services. If you choose to invest through our Site, we will collect financial information from you such as your Wallet and Digital Asset information (including Wallets you may have created through the use of our Services), financial information, payment information, transaction information, and we may collect other information to verify your income or net worth.
- Testimonials - We may collect and display personal testimonials of satisfied users of our Services in addition to other endorsements. We may post your testimonial along with your Personally Identifiable Information. If you wish to update or delete your testimonial, please contact us at firstname.lastname@example.org.
- Information Collected Automatically – In addition to the information collection discussed above, we automatically receive and record information from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the pages or features you requested or used, among other data.
- Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites, web applications, and services (including behavioral advertising services) that you do not wish such operators to track certain online activities over time and across different websites. Do Not Track signals are set on a browser-by-browser basis, so you must set them on every browser you use if you do not wish to be tracked. Remember that this is just our Do Not Track policy, and we can’t and don’t make any promises about how third parties or our partners or integrations may react when you set this signal on your browser.
- The decision to provide information is optional; however, if you decide not to register or provide such information, you may not be able to use certain features on our Site or Services.
Use of Information. 🧑💻
- We use both Personally Identifiable Information and Non-Personally Identifiable Information in the following ways:
- To provide our Site & Services – including customizing and personalizing our Site, Services, and Content based on your usage and needs. We also use this information to operate our Site, Services, and Content,. We may also use information to protect and safeguard our Site, Services, Accounts, and data that we have collected.
- To Improve our Site and Services – including diagnosing and fixing any problems or issues, automatically updating the Site and Services, and the like.
- To provide your Account – including your Email and other account information. We also use this information to provide customer support, to communicate with users, and to help provide our Services.
- To engage in research and analysis – including usage of the Site and Services, and to provide others with general and non-individualized statistics and data regarding usage of the Site and Services. This includes, but is not limited to, surveys, market research, data analytics, creating aggregated and anonymized or deidentified data, and the like.
- For marketing purposes – including developing, displaying, and tracking Content, advertising, and promotions tailored to your interests on the Site and Services. This includes providing our own advertisements or other marketing materials, along with assisting others with their marketing needs.
- For business purposes – including engaging in corporation transactions, strategic initiatives, growth, protecting ourselves and others, carrying out public interest tasks, and the like.
- Beyond those uses described above, we may process Personally Identifiable Information based on your consent that you expressly grant to us at the time of collection. When we process such information based on your consent, it will be expressly indicated to you at the point and time of collection, including how we plan to use this information.
- Certain information you provide, and certain actions you take, may be viewable by others that use our Site or Services. This may include your name, organization, picture, investments made, and other related information. Therefore, others may be able to personally identify you based on the information you provide and the actions you take.
- We may use aggregated or non-aggregated data after you update or delete it, but not in a manner that would identify you personally. We store your information in accordance with the security measures discussed below.
- With the information that Fairmint collects, we do not rent or sell your Personally Identifiable Information in a form that is personally identifiable. We may rent or sell anonymous, identified, or aggregated data in any way legally allowed.
- Our Site and Services are hosted and operated in the United States of America (“U.S.”) through Fairmint and our service providers. If you do not reside in the U.S., certain laws and regulations in the U.S. may differ from the laws where you reside. By using our Site and Services, you acknowledge that any Personally Identifiable Information about you, regardless of whether provided by you or obtained from a third party, is being provided to Fairmint in the U.S. and will be hosted on U.S. servers. You hereby consent to and authorize Fairmint to transfer, store, and process your information to and throughout the U.S., and possibly other countries too. By using the Site or Services, you expressly agree to allow Fairmint to maintain all necessary data to meet our regulatory obligations, including but not limited to, the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and any other agency authorized by law to monitor or regulate Fairmint.
Sharing of Information. 🔄
- We share Personally Identifiable Information and Non-Personally Identifiable Information with vendors, partners, third party service providers, and agents who work on our behalf and provide us with services related to our business and operations, and others. These parties include:
- Wallet providers,
- Identity service providers,
- Payment processors,
- Fraud prevention service providers,
- Anti-money laundering service providers,
- Analytics service providers,
- Staff augmentation and contract personnel,
- Issuers and Investors,
- Hosting service providers,
- Co-location service providers,
- Telecommunications service providers, and
- We may also share your Personally Identifiable Information and Non-Personally Identifiable Information with third parties as described below:
- Information that’s been de-identified. We may de-identify your Personally Identifiable Information so that you are not identifiable as an individual or entity, and we may provide that anonymized information to any of our current or future partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner in a manner that would identify you as an individual or entity.
- Affiliated Businesses - In certain situations, businesses or third-party websites or services we use or are affiliated with may sell or provide products or services to you through or in connection with our Services (either alone or jointly with us). We may share your Personally Identifiable Information with an affiliated business only to the extent that it is necessary or related to a transaction or service. We have no control over the policies and practices of third-party websites or businesses regarding privacy or anything else, so if you choose to take part in any transaction or service relating to or utilizing an affiliated website or business, please review all applicable third-party policies.
- Our Agents - We may employ other companies and people such as escrow agents, transfer agents, counsels, advisors, accountants, banks, lawyers, and financial service providers, among others, to perform tasks on our behalf, and we may need to share your information with them to provide certain products or services. Unless we tell you differently, our agents do not have any right to use the Personally Identifiable Information we share with them beyond what is necessary to assist us. Information will be shared with such parties only to the extent reasonably necessary for them to perform services for us or on our behalf.
California, GDPR, and Everyone’s Rights. 📝
- You have certain rights with respect to your Personally Identifiable Information, including those set forth below.
- Please note that in some circumstances, we may not be able to fully comply with your request, including requests that are frivolous or extremely impractical, ones that jeopardize the rights or privacy of others, or if not required by law; in those circumstances where we are not able to comply with your request, we may still respond to notify you of our decision.
- In some cases, we may also need you to provide us with additional information, which may include Personally Identifiable Information, especially when necessary to verify your identity or the nature of your request.
- Your rights include the following:
- Right to Know/Access - You can request information about the Personally Identifiable Information we hold about you, and request a copy of such information. You can also access some of your Personally Identifiable Information by visiting your Account and using the settings features.
- Right to Edit/Rectification - If you believe that any Personally Identifiable Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can correct some of this information directly by editing it in your Account.
- Right to Delete/Erasure - You can request that we erase some or all of your Personally Identifiable Information from our systems. When required by law, we may also take steps to inform any other data controllers about your requests to erase personal data.
- Right to Non-Discrimination - You have the right to be treated equally regardless of if you exercise your privacy rights. We will never deny you service, or provide different levels of service, because you exercised your privacy rights.
- Withdrawal of Consent - If we are processing your Personally Identifiable Information based on your express consent (as indicated at the time of collection), you have the right to withdraw that consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain Personally Identifiable Information, especially when such data or disclosures are necessary to enable you to utilize some or all of our Site or Services.
- Portability - You can ask for a copy of your Personally Identifiable Information in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection - You can contact us to let us know that you object to the further use or disclosure of your Personally Identifiable Information for certain purposes.
- Restriction of Processing - You can ask us to restrict further processing of your Personally Identifiable Information.
- Right to Unsubscribe - We may at times send you email communications with information, marketing, or promotional materials. If you prefer not to receive such emails from us, you may unsubscribe completely by contacting us at email@example.com. We may require up to 14 days to process such requests. Please also note that at times we may need to send you transactional email communications such as service or termination announcements or payment confirmations which are communications from which you will be unable to opt-out.
- To unsubscribe from a third party’s communications, contact that third party directly or follow the instructions to unsubscribe in the applicable e-mail.
- Right to File Complaint - You may have the right to lodge a complaint about Fairmint’s practices with respect to your Personally Identifiable Information with the supervisory or regulatory authority of your country, state, or EU member state.
- California’s “Shine the Light” law permits our customers who are California residents to request and obtain from us once a year, free of charge, information about your Personally Identifiable Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personally Identifiable Information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please email us with your request at firstname.lastname@example.org. Do note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or the mailing address identified below.
- Except when the law requires otherwise, we are not responsible for your rights regarding your information that is held by any third-party service or other third-party partner. You must contact such third party and act in accordance with their policies and procedures in place to exercise your rights regarding such information and data.
Data Retention. 💾
- We retain both Personally Identifiable Information and Non-Personally Identifiable Information about you for as long as necessary to provide our Site and Services. In some cases, we retain this information for longer, especially when necessary to comply with our legal obligations, to resolve disputes, to collect fees owed, or if otherwise permitted or required by applicable law. Once information is no longer needed, we may retain some information or data in a depersonalized or aggregated form, but not in a way that would identify you personally.
Data Security. 🔒
- We use commercially reasonable administrative, technical, personnel, and physical security measures designed to secure access to Personally Identifiable Information in our possession. Despite these measures, we cannot guarantee perfect or complete security of networks, servers, or databases that we operate or that are operated on our behalf.
- We maintain physical, electronic, and procedural safeguards to protect your information. We protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information that you input. Wherever appropriate, we obfuscate and/or encrypt information in our systems and/or during information transfer. Our employees are required to protect the confidentiality of your information and to comply with our established policies.
- Personally Identifiable Information is also stored with third parties who also have represented that they use reasonable security measures to secure access to such information. You acknowledge and accept that we have no responsibility or liability for the failure of any third party to safeguard Personally Identifiable Information, whether the loss or unauthorized access is inadvertent or otherwise. Any third parties to whom we may disclose Personally Identifiable Information have their own privacy policies that describe how they use and disclose information. Their policies will govern use, handling, and disclosure of your information. If you want to learn more about their privacy practices, we encourage you to visit the websites and privacy policies of those third parties.
- Your email and two-factor authentication method (if enabled) are the keys to your Account, Wallet, Private Key File, Subscription, and Digital Assets, so you accept all responsibility and liability for safeguarding these things. Do not share or allow access to your email, login links, or other personal data or information with others. If you lose control of your email or another is able to access your email, you may lose control over your Account, Wallet, Digital Assets, money and other funds, and Personally Identifiable Information, and you could be subject to legally binding actions or transfers taken of your behalf. It is important for you to protect against unauthorized access to your email, Account, Wallet, Private Key File, and to your computer. We advise against accessing your Account when using a shared computer, but if you do use a shared computer be sure to log off when finished.
- If you have questions or concerns about this section or our data practices generally, please contact our designated representative and Data Protection Officer, Thibauld Favre, via email at email@example.com.
- If you don’t agree with any updates or changes, you are free to reject them; unfortunately, that means you will no longer be able to use the Site or Services.
Additional Terms. 📜
- The Site is not intended for use by children, especially those under eighteen (18) years of age. No one under eighteen years of age is allowed to use our Site or Services in any way. We do not knowingly collect, use, or share the information of children under the age eighteen (18). If we become aware that we have collected information from an individual under age 18, we will delete this information as soon as possible. If you believe that a child under 18 may have provided us information, please contact us at firstname.lastname@example.org.
- At various times we may need to ask you for Personally Identifiable Information to verify your identity, especially when this information is needed to help service your Account or our Services. If we are unable to verify you, we will send you a letter to your home address with a security code to identify you.
- You and us consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Hartford County, Connecticut, or the District of Connecticut.
- Any and all Disputes shall be finally settled in Hartford County, Connecticut, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect.
- YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FAIRMINT ARE EACH WAIVING ALL RIGHTS TO TRIAL BY JURY, AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OF ANY KIND.
- YOU WAIVE ALL RIGHTS TO CLASS ARBITRATIONS AND CLASS ACTIONS. CLASS ACTIONS OF ANY KIND ARE NOT PERMITTED. ANY DISPUTE UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS.
- If you need to contact us for any reason, you can email us at email@example.com and reach us by mail via:
- Fairmint, Inc.
- 8 The Green, STE B
- Deover, DE 19901.
Questions & Contacting Us. 📚📧
If you still have questions or wish to contact us for any reason whatsoever, please email us at firstname.lastname@example.org 😁