Privacy Policy

This Privacy Policy (the “Policy”) explains how Tokensoft Inc., and each of its affiliates and subsidiaries (collectively “Tokensoft,” “we,” “us” or “our”) respect your privacy and are committed to protecting the personal information we hold about you. This includes information we collect through, or in association with, our website whose home page is located at www.tokensoft.io (the “Site”), or otherwise through your interactions with us (the Site, content, features, pages, or our applications such as wallet services owned or operated by us collectively, the “Services”).

If you have questions, comments, or concerns about this Policy or our processing of personal information, please see the bottom of this Policy for information about how to contact us.

If you are accessing the Services from the United States:

• Tokensoft Inc. located at 201 West 5th Street, Suite 1100, Austin, Texas, 78701, is the data controller of the personal information collected, and is responsible for the processing of your personal information.

If you are accessing the Site from the European Union (“EU”):

• DPR Group located at 1-2 Marino Mart, Fairview, Dublin 3, Ireland, is the data controller of the personal information collected of all individuals located in the EU, and is responsible for the processing of your personal information.

If you are accessing the Site from the United Kingdom (“UK”):

• DPR Group located at 107-111 Fleet Street, London, EC4A 2AB, United Kingdom is the data controller of all individuals located in the UK, and is responsible for the processing of your personal information.

1. CHANGES TO THE POLICY

This Policy replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify or update this Policy. Any such modifications, alterations, or updates will be effective upon our posting of a revised version and updating the “Last Modified” date above. We may provide you with additional forms of notice as appropriate under the circumstances, such as email notices to the most recent email address we have on file for you. Your continued use of our Services after any modification to this Privacy Policy will constitute your acceptance of such modification.

In addition, we may provide you with “just-in-time” disclosures or additional information about the data handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your personal information.

2. APPLICABILITY OF THIS PRIVACY NOTICE

This Policy is subject to the Terms of Service and any partner or affiliate agreements, as applicable, that govern your use of the Services. This Privacy Notice applies regardless of the means used to access or provide information through the Services.

This Privacy Notice does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Services. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.

3. PERSONAL INFORMATION WE COLLECT

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as anonymized or aggregated data, and is not personal information. To the extent this data is stored or associated with personal information, it will be treated as personal information; otherwise, the data is not subject to this Policy.

The types of personal information we collect about you depends on your interactions with us and your use of the Services. We collect the below categories of personal information from our users:

1. Identifiers: Such as a name, username, online identifier, email address, phone number, government ID for verification purposes (e.g., driver’s license, social security number, passport, national identity card), date of birth (to verify you are 18 or older), wallet address, internet protocol (IP) address, device ID, or other similar identifiers.

2. Payment/Financial Information: When you purchase our Services, we will collect information about your payment method (e.g., credit/debit card number, billing address CVC code and expiration date), and our third-party vendor, Onfido (https://onfido.com/) may collect information that you provide to verify your identity (e.g., your date of birth, marital status, tax identification number and images of your government issued identification. US residents may be asked to provide their social security numbers.

   When you use wallet services provided by Tokensoft (such as Knox Wallet), we will collect information relating to your addresses and accounts, transactions (e.g., amount, sender, receiver, and transaction descriptions), and any users or signers you provide us when using wallet and related services.

3. Commercial Information: Including your purchasing and consumer histories or tendencies.
4. Organizational Information: We may request information from institutional clients pertaining to the legal incorporation, business licenses and identification information of beneficial owners, authorized signors, and executive management.
5. Internet or Other Electronic Network Activity Information. We collect information about your use of the Services, such as your IP address, browser attributes and type, mobile device and operating system, the pages you visit on our Services, the content you view on the Services, the date and time of your visits, and other clickstream data that helps us understand how you interact with the Services.
6. Visual Information. We may use your images on your government issued IDs for verification purposes.
7. Job Application Information. We collect any information you provide to us when you apply for a job with us. For example, we collect your resume, references, or other relevant information.
8. Geolocation Information. We may use your location to make sure you are eligible to use or access the Services. We also use geolocation information to track and understand usage per location.

We will not collect additional categories of personal information other than those categories listed above. If we intend to collect additional categories of personal information, we will provide you with a new notice at or before the time of collection.

4. HOW WE USE YOUR PERSONAL INFORMATION

We may collect and process the following types of personal information for the following business and commercial purposes:

1. Providing the Services. When accessing wallets, our Site, or otherwise using our Services, we collect certain information about you to be able to process or fulfill transactions, verify your information, and process payments.

2. Marketing our products and services to you, including, sending you messages about the products and services we offer. We have a legitimate interest in using your personal information for marketing for our own purposes. This means Tokensoft does not need your consent to send you marketing information when using your personal information for this purpose. However, when we share your personal information with third parties for marketing purposes, we will separately and clearly obtain your consent. You can exercise your right to prevent such processing by contacting us as set out below in Section 11.

   To the extent personal information is used by our data analytics providers (such as Google Analytics), for analytic and statistical purposes, neither we, nor service providers on our behalf, engage in profiling or automated decision making activities that produce legal and/or similarly significant effects upon you.

3. Communicating with you by email, mail, telephone, and other methods of communication, about products, services, and information tailored to your requests or inquiries.
4. Payment/financial information, including information for anti-money laundering (“AML”) and know-your-client (“KYC”) compliance purposes.
5. Enforcing our Terms of Service, Agreements, or other usage policies.
6. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
7. Debugging to identify and repair errors that impair existing intended functionality.
8. Undertaking activities to verify or maintain the quality or safety of the services and to improve, upgrade, or enhance the services or devices owned, manufactured, manufactured for, or controlled by us.
9. Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law, such as to ensure compliance with recruitment and employment laws, tax laws or other business obligations, to mitigate the risk of fraud and other violations of law, or as otherwise required by applicable law. We cannot provide the Services to you without such processing.
10. As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.
11. We will not use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you with notice.

5. HOW WE OBTAIN YOUR PERSONAL INFORMATION

We collect your personal information from the following categories of sources:

1. Directly from you. When you register for an account and use the Services, we collect the following information directly from you:

   1. Contact Information: your name, phone number, email address and physical address.
   2. Identity Verification Information: we use Onfido as applicable to perform your identity check. You may be asked to provide your date of birth, marital status, tax identification number and images of your government issued identification. US residents may be asked to provide their social security numbers.
   3. Transaction Information: when you purchase our Services, we will collect information about your payment method, and any other relevant transaction data.
   4. Wallet Information: when you use wallet services provided by Tokensoft (such as Knox Wallet), we will collect information relating to your addresses and accounts, transactions (e.g., amount, sender, receiver, and transaction descriptions), and any users or signers you provide us when using wallet and related services.
   5. Organizational Information: we may request information from institutional clients pertaining to the legal incorporation, business licenses and identification information of beneficial owners, authorized signors and executive management.
   6. Communication Information: when you contact us or respond to our communications (e.g., through our website or by email, telephone or other correspondence).
   7. Job Application Information: we collect personal information you provide to us when you apply for a job with us (e.g., your resume, references, or other relevant information).

2. Automatically or indirectly from you. We also may collect certain information from you when you access the website or use our Services, such as through:

   1. Logging and Analytics tools, such as Google Analytics.
   2. Cookies (please refer to our Cookie Policy)
   3. Computer or Mobile Device Information, including IP address, operating system, browser type.
   4. Geolocation Information.

3. From our Public Databases and Service Providers. We also may collect certain information about you from our business partners and identification verification partners in order to comply with legal requirements relating to our:

   1. Anti-fraud, anti-money laundering (“AML”), counter-financing-of-terrorism and know-your-customer (“KYC”) obligations.
   2. Public employment profile.
   3. Criminal history.
   4. Credit history.
   5. Other information to help validate your identity.
   6. When we require certain personal information from you, it is because we are required by applicable law to collect this information or it is relevant for specified purposes. We may not be able to serve you as effectively or offer you all of our services if you elect not to provide certain types of information.

6. HOW WE SHARE YOUR PERSONAL INFORMATION

We may share your personal information with the following categories of third parties:

1. Our Service Providers, Business Partners and Others. We may share your personal information with our service providers, business partners or third-party organizations that help us provide the Services to you. Such entities will be given access to your information as is reasonably necessary to provide the Service under contractual obligations at least as protective as this Policy.
2. Safety and Legal Compliance. We may share your personal information if we believe that such disclosure is necessary to comply with any applicable laws, regulations, legal processes or requests by government agencies and public authorities (e.g., law enforcement, tax authorities, etc.) or to protect the integrity of the Services or our interests, rights, property, or safety and/or that of our users and others.
3. Wallets and Public Blockchain. Transaction information you provide to us will be broadcast publicly to the network necessary to confirm the transaction. Cryptocurrency transactions are recorded on the public blockchain. Information on a public blockchain is not truly anonymous and you should never consider such transactions private.

7. YOUR CHOICES

You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal information. When you are asked to provide information, you may decline to do so, but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services. In addition, it is possible to change your browser settings to block the automatic collection of certain information.

1. Marketing Communications. Individuals have the right to opt out of (a) disclosures of their personal information to third parties not identified at the time of collection or subsequently authorized, and (b) uses of personal information for purposes materially different from those disclosed at the time of collection or subsequently authorized. Upon signing up, we offer you choices regarding the collection, use, and sharing of your personal information: (1) share with us and third parties, (2) only share with us, or (3) share with a specific third party issuer. You are only required to provide personal information required pursuant to regulatory requirements and issuer contractual terms to which you may have agreed. You will always have the ability to request that your data be deleted for a specific issuer’s offering or for all purposes to the extent allowed by applicable regulations.

   Our customers or prospects can always unsubscribe from marketing email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, we do not collect customer end user information for marketing purposes. Also, you may not opt out of Service-related communications required either to meet contractual terms or regulatory obligations (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices, etc.).

   You may opt out of receiving marketing or other communications from us at any time through a given communications channel (such as email or telephone) by following the opt-out link or other unsubscribe instructions provided in any marketing message received.

2. Geolocation Information: If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this. Note that if you choose to deny or remove access to location information or deactivate location services on your device, you may not have access to certain features or services.

3. Cookies, Web Tracking and Advertising. We use cookies and pixel tags to personalize and enhance your experience in regard to our Services, to collect data about your visit to our Services, to help diagnose problems with our servers, to administer the Services, to evaluate the effectiveness of our marketing and advertising campaigns, to permit analytics providers to gather information about your use of the Services, to gather broad demographic information about our users, and to remember choices you have made or information you have provided. Please consult our Cookie Policy for further information.

   You can adjust your device and/or browser settings to delete and/or block some or all cookies, provide notifications when you receive a new cookie, or prevent the automatic collection of data. Consult the “Help,” “Tools,” or “Preferences” menus on your browser, or the documentation for your device, for more information about how to do this or how to enable “Do Not Track” settings.

8. OTHER IMPORTANT INFORMATION ABOUT PERSONAL INFORMATION AND THE SERVICES

1. Collection of Personal Information from Children. Children under 18 years of age are not permitted to use the Services, and we do not knowingly collect information from children under the age of 18. By using the Services, you represent that you are 18 years of age or older.
2. Third-Party Websites and Services. As a convenience, we may reference or provide links to third-party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business. When you access these third-party services, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Policy does not apply to any third-party services; please refer to the policies for such third-party services for information about how they collect, use, and process personal information.
3. Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal information we obtain from or about you via the Services may be disclosed to any potential or actual third-party acquirers and may be among those assets transferred.
4. Do Not Track. Do-Not-Track is an optional browser setting that allows you to express your preferences about online tracking across websites. We do not have a way to respond to Do-Not-Track signals.
5. International Use. When you access or use our Services, your information may be processed in the United States or any other country in which Tokensoft, its affiliates or service providers maintain facilities as applicable. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop using the Services.

9. ACCESS & MODIFICATION

We strive to maintain the accuracy of any personal information collected from you, and will try to respond promptly to update our records when you tell us the information in our records is not correct. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us.

Depending on the laws that apply to you, you may obtain from us certain personal information in our records. If you wish to access, review, or make any changes to personal information you have provided to us through the Services, please contact us at the information provided at the end of this Policy. We reserve the right to deny access as permitted or required by applicable law.

You may contact us directly at [email protected]. We may need to verify your identity before we grant access or otherwise modify the information we have on file for you.

10. SECURITY

We use commercially reasonable safeguards to keep your personal information safe and require our service providers to do the same. However, the internet is not a secure environment and we cannot guarantee that your personal information is 100% safe.

11. RETENTION

We retain personal information to the extent we deem necessary to carry out the processing activities described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties.

12. YOUR CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, and may be sent to us at [email protected], and are free of charge. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

13. YOUR NEVADA PRIVACY RIGHTS

Nevada law permits our users who are Nevada consumers to request that their personal information not be sold (as defined under applicable Nevada law), even if their personal information is not currently being sold. Requests may be sent to us at [email protected], and are free of charge.

14. CONTACT INFORMATION

If you have any questions about this Privacy Policy or our Services, please contact us at [email protected] or 201 West 5th Street, Suite 1100, Austin, Texas 78701.

1. NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND SWITZERLAND

This section only applies to individuals using or accessing our Service while located in the European Economic Area, United Kingdom, and/or Switzerland (collectively, the “Designated Countries”) at the time of data collection.

A. LEGAL BASES FOR PROCESSING PERSONAL INFORMATION

If you are based in the Designated Countries, use of personal information under the Designated Countries’ data protection laws must be justified under one of a number of legal bases and we are required to set out the grounds in respect of each use in this Policy. Most commonly, we will use your personal information under the following circumstances:

1. Your Consent. We may process personal information where you have specifically and unequivocally consented to our use of your information.
2. Performance of a Contract. We may process personal information to take steps at your request before entering into, or perform our obligations under, a contract between us.
3. Compliance with Legal and Regulatory Obligations. We may process personal information to comply with the law and our legal and regulatory obligations.
4. Legitimate Interests. We may process personal information for our legitimate interests, or those of a third party, and these interests outweigh any prejudice to your data protection rights.

We may also use “special categories” of personal information, which include personal information that may reveal racial/ethnic origin, religion/belief, health, sexual orientation, political affiliation, trade union membership and criminal convictions. In addition to the legal basis used to process your personal information as set out above, the principal legal bases that justify our use of your special categories of personal information:

1. Legal Claims: Where your information is necessary for us to establish, defend, prosecute or make a claim against you, us or a third party.
2. Substantial Public interest: Processing is necessary for reasons of substantial public interest, on the basis of EU or local law, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard your fundamental rights and interests.
3. Explicit Consent: You have given your explicit consent to the processing of those personal information for one or more specified purposes. You are free to withdraw your consent by contacting us through methods outlined below. If you do so, we may be unable to provide a service that requires the use of such data.

We have set out below, in a table format, a description of ways we use and share your personal information, and which of the legal bases we rely on to do so. We have also identified what our Legitimate Interests are where appropriate:

B. INTERNATIONAL TRANSFERS OUTSIDE OF THE DESIGNATED COUNTRIES

Your personal information will be stored and processed in certain countries outside the Designated Countries that have been approved by the European Commission as providing essentially equivalent protections to the Designated Countries’ data protection laws and therefore no additional safeguards are required to export personal information to these jurisdictions. In countries that have not had these approvals, (see the full list here), we will transfer it subject to the European Commission standard contractual clauses that impose equivalent data protection obligations directly on the recipient unless we are permitted under applicable data protection law to make such transfers without such formalities.

C. YOUR EUROPEAN PRIVACY RIGHTS

The privacy laws of the Designated Countries provide individuals based in the Designated Countries with enhanced rights in respect of their personal information. These rights may include, depending on the circumstances surrounding the processing of personal information:

1. Right to withdraw consent. For any consent-based processing of your personal information, you have the right to withdraw your consent at any time. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal.
2. Right of access. Upon your request, we will provide you with a copy of your personal information in our files without undue delay and free of charge, unless we are permitted by law to charge a fee. Your access may be limited to the extent it would adversely affect the rights and freedoms of other individuals.
3. Right to rectification (or “correction”). You may request to correct or update any of your personal information in our files. We may provide you with the ability to update some or all of your personal information directly via the Services.
4. Right to erasure (or the “Right to be Forgotten”). Upon your request, we will erase any of your personal information in our files that: is no longer necessary in relation to the purposes for which it was collected or otherwise processed; was collected in relation to processing that you previously consented to, but later withdrew such consent; or was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing.
5. Right to restriction. You have the right to restrict our processing of your personal information where one of the following conditions applies: 1) You contest the accuracy of your personal information that we processed (if you restrict processing based on this condition, you may experience an interruption of some or all of the Services during the period necessary for us to verify the accuracy of your personal information); 2) The processing is unlawful and you oppose the erasure of your personal information and request the restriction of its use instead; 3) We no longer need your personal information for the purposes of the processing, but it is required by you to establish, exercise, or defense of legal claims; or 4) You have objected to processing, pending the verification whether the legitimate grounds of our processing override your rights. During the time which restriction of processing applies, we will only process your restricted personal information with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will inform you if or when the restriction is lifted.
6. Right to object to processing. You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal bases of consent, contract, or legitimate interests. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
7. Right to data portability. If we process your personal information based in a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your personal information in a structured, commonly used, and machine-readable format, and to have us transfer your personal information directly to another “controller,” where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others. Your right to data portability only applies to personal information provided by you to us.

Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege). If you exercise any of these rights, we will check your entitlement and respond in most cases within a month.

Note that we may need to request additional information from you to validate your request. For individuals located in EEA to exercise any of the rights above, you may reach our member representative at DPR Group by sending an email to DPR Group at [email protected] quoting <Tokensoft Inc.> in the subject line; submitting an inquiry online through their web form at www.dpr.eu.com/datarequest; or mailing your inquiry to 1-2 Marino Mart, Fairview, Dublin 3, Ireland.

For individuals located in UK to exercise any of the rights above, you can contact DPR Group by sending an email to DPR Group at [email protected] quoting <Tokensoft Inc.> in the subject line; submitting an inquiry online through their web form at www.dpr.eu.com/datarequest; or mailing your inquiry to 107-111 Fleet Street, London, EC4A 2AB, United Kingdom.

https://www.datarep.com/data-request/

If you believe we have infringed or violated your privacy rights, you can also contact us at [email protected] so that we may resolve your dispute directly.

If we are unable to resolve an inquiry or a complaint, you have the right to contact the data protection regulator in the EEA country in which you are based. A list of the data protection regulators and their contact details can be found at https://edpb.europa.eu/about-edpb/about-edpb/members_en. If you are located in the UK and we are unable to resolve an inquiry or a complaint, you have the right to contact the Information Commissioner’s Office with contact details found at https://ico.org.uk/global/contact-us/.