Privacy Policy

Last Updated: July 31 2024

OptSwap DAO Inc., ("OptSwap", "we", or "us") is committed to protecting the privacy of our customers, and we take our data protection responsibilities with the utmost seriousness.

This Privacy Policy describes how OptSwap collects and processes your personal information through the OptSwap websites and applications that reference this Privacy Policy. OptSwap refers to an ecosystem comprising OptSwap websites (whose domain names include but are not limited to *.optswap.org), mobile applications, clients, applets and other applications that are developed to offer OptSwap Services, and includes independently-operated platforms, websites and clients within the ecosystem. "OptSwap Operators" refer to all parties that run OptSwap, including but not limited to legal persons, unincorporated organizations and teams that provide OptSwap Services and are responsible for such services. "OptSwap" as used in this Privacy Policy includes OptSwap Operators.

This Privacy Policy applies to all Personal Information processing activities carried out by us, across platforms, websites, and departments of OptSwap and OptSwap Operators.

To the extent that you are a customer or user of our services, this Privacy Policy applies together with any terms of business and other contractual documents, including but not limited to any agreements we may have with you.

To the extent that you are not a relevant stakeholder, customer or user of our services, but are using our website, this Privacy Policy also applies to you.

OptSwap uses the Browsers Local Storage and Non-Identifying Cookies within the Users' local browser environment to render a technically working product and does not contain any Personally Identifying Information.

I. OptSwap Relationship With You

OptSwap DAO Inc., is the data controller for personal information collected in connection with provision of OptSwap services worldwide.

However, depending on your place of legal residence certain other OptSwap entities could be involved in processing activities such as Know-Your-Customer ("KYC") and Anti-Money-Laundering ("AML") activities which are necessary for us to provide Services to you. These OptSwap entities could act as Controllers of your personal information and use it in accordance with this Privacy Policy.

II. Personally Information Collected

OptSwap may collect and process your email address, name, gender, date of birth, home address, phone number, nationality, device ID, video recordings of you and photographic images, the Internet protocol (IP) address used to connect your computer to the Internet, OptSwap Services metrics (e.g. the occurrences of technical errors, your interactions with service features and content, and your settings preferences), and transactional information.

We use your personal information to process your orders, and to communicate with you about orders and services. We use your personal information to communicate with you in relation to OptSwap Services. We collect and process identity information and Sensitive Personal Data to comply with our Know-Your-Customer ("KYC") obligations under applicable laws and regulations, and Anti-Money-Laundering ("AML") laws and regulations.

The legal basis for our use of personal information (EU and UK GDPR) are to comply with our legal obligations under applicable laws and regulations, Know-Your-Customer ("KYC") and Anti-Money-Laundering ("AML") laws and regulations. We collect and process your personal information to also maintain our legitimate interests and the interests of our users when, for example, we detect and prevent fraud and abuse in order to protect the security of our users, ourselves, or others.

When we ask for your consent to process your personal information for a specific purpose that we communicate to you and when you consent to processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing your personal information for that purpose. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

III. Age Requirements

OptSwap does not allow anyone under the age of eighteen (18) to use OptSwap Services and does not knowingly collect personal information from children under the age of 18.

IV. Cookies

OptSwap uses the Browsers Local Storage and Non-Identifying Cookies within the Users' local browser environment to temporarily cache User Account information, User Token Balances and Allowances, User Orders, User Positions and User Votes. This data is only used to render a technically working product and to improve the user experience and does not contain any Personally Identifying Information.

V. Sharing Personal Information

We may share your Personal Data with third parties (including other OptSwap entities) if we believe that sharing your Personal Data is in accordance with, or required by, any contractual relationship with you or us, applicable law, regulation or legal process. When sharing your Personal Information with other OptSwap entities, we will use our best endeavours to ensure that such entity is either subject to this Privacy Policy, or follow practices at least as protective as those described in this Privacy Policy.

We may also share personal information with the following persons:

1. Third party service providers: We employ other companies and individuals to perform functions on our behalf. Examples include analysing data, providing marketing assistance, processing payments, transmitting content, and assessing and managing credit risk. These third-party service providers only have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with our contractual agreements and only as permitted by applicable data protection laws.

2. Legal Authorities: We may be required by law or by Court to disclose certain information about you or any engagement we may have with you to relevant regulatory, law enforcement and/or other competent authorities. We will disclose information about you to legal authorities to the extent we are obliged to do so according to the law. We may also need to share your information in order to enforce or apply our legal rights or to prevent fraud.

3. Business transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the user consents otherwise). Also, in the unlikely event that OptSwap or substantially all of its assets are acquired by a third party, user information will be one of the transferred assets.

4. Advertisers: In order for us to provide you with the best user experience, we may share your personal information with our marketing partners for the purposes of targeting, modelling, and/or analytics as well as marketing and advertising. You have a right to object at any time to processing of your personal information for direct marketing purposes (see Section VIII below).

5. Protection of OptSwap and others: We release accounts and other personal information when we believe release is appropriate to comply with the law or with our regulatory obligations; enforce or apply our Terms of Use and other agreements; or protect the rights, property or safety of OptSwap, our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.

VI. International Transfers of Personal Information

To facilitate our global operations, OptSwap may transfer your personal information outside of the European Economic Area ("EEA"), UK and Switzerland. The EEA includes the European Union countries as well as Iceland, Liechtenstein, and Norway. Transfers outside of the EEA are sometimes referred to as "third country transfers".

We may transfer your personal data within our Affiliates, third-party partners, and service providers based throughout the world. In cases where we intend to transfer personal data to third countries or international organisations outside of the EEA. OptSwap puts in place suitable technical, organizational and contractual safeguards (including Standard Contractual Clauses), to ensure that such transfer is carried out in compliance with applicable data protection rules, except where the country to which the personal information is transferred has already been determined by the European Commission to provide an adequate level of protection.

We also rely on decisions from the European Commission where they recognise that certain countries and territories outside of the European Economic Area ensure an adequate level of protection for personal information. These decisions are referred to as "adequacy decisions". We transfer personal data to Japan on the basis of the Japanese Adequacy Decision.

VII. Information Security

We design our systems with your security and privacy in mind. We have appropriate security measures in place to prevent your information being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We work to protect the security of your personal information during transmission and while stored by using encryption protocols and softwares. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personal information. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know.

Our security procedures mean that we may ask you to verify your identity to protect you against unauthorised access to your account. We keep your personal information to enable your continued use of OptSwap Services, for as long as it is required in order to fulfil the relevant purposes described in this Privacy Policy, and as may be required by law such as for tax and accounting purposes, compliance with Know-Your-Customer (KYC) and Anti-Money-Laundering (AML) laws, or as otherwise communicated to you.

VIII. Your Rights

Subject to applicable law, as outlined below, you have a number of rights in relation to your privacy and the protection of your personal information. You have the right to request access to, correct, and delete your personal information, and to ask for data portability. You may also object to our processing of your personal information or ask that we restrict the processing of your personal information in certain instances. In addition, when you consent to our processing of your personal information for a specified purpose, you may withdraw your consent at any time. If you want to exercise any of your rights please contact us at [e-mail]. These rights may be limited in some situations - for example, where we can demonstrate we have a legal requirement to process your personal data.

1. Right to access: you have the right to obtain confirmation that your personal information are processed and to obtain a copy of it as well as certain information related to its processing;

2. Right to rectify: you can request the rectification of your personal information which are inaccurate, and also add to it. You can also change your personal information in your Account at any time.

3. Right to delete: you can, in some cases, have your personal information deleted;

4. Right to object: you can object, for reasons relating to your particular situation, to the processing of your personal information. For instance, you have the right to object where we rely on legitimate interest or where we process your data for direct marketing purposes;

5. Right to restrict processing: You have the right, in certain cases, to temporarily restrict the processing of your personal information by us, provided there are valid grounds for doing so. 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;

6. Right to portability: in some cases, you can ask to receive your personal information which you have provided to us in a structured, commonly used and machine-readable format, or, when this is possible, that we communicate your personal information on your behalf directly to another data controller;

7. Right to withdraw your consent: for processing requiring your consent, you have the right to withdraw your consent at any time. Exercising this right does not affect the lawfulness of the processing based on the consent given before the withdrawal of the latter;

8. Right to lodge a complaint with the relevant data protection authority: We hope that we can satisfy any queries you may have about the way in which we process your personal information. However, if you have unresolved concerns, you also have the right to complain to the Irish Data Protection Commission or the data protection authority in the location in which you live, work or believe a data protection breach has occurred.

If you have any questions or objection as to how we collect and process your personal information, please contact [e-mail].

IX. Contact Information

Our data protection officer can be contacted at [e-mail], and will work to address any questions or issues that you have with respect to the collection and processing of your personal information.

X. Notices and Revisions

If you have any concerns about privacy at OptSwap, please contact us, and we will try to resolve it in a timely manner. You also have the right to contact your local Data Protection Authority.

Our business changes regularly, and our Privacy Policy may change also. You should check our websites frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.