1. LEGAL INFORMATION
Data Controller: PayKiken Projects FZE, legal address: AFZ B1, Ajman Free Zone, Ajman, United Arab Emirates
Contact information: e-mail address:[email protected]
2. DEFINITIONS AND LEGAL REFERENCES
Personal Data (or Data) - Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Usage Data - Information collected automatically through this Platform (or third-party services employed in this Platform), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Platform, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Platform) and the details about the path followed within the Platform with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
User - The individual using this Platform who, unless otherwise specified, coincides with the Data Subject.
Data Subject - The natural person to whom the Personal Data refers.
Data Controller (or Owner) - The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Platform. The Data Controller, unless otherwise specified, is the Owner of this Platform.
GDPR - the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
This Platform - The means by which the Personal Data of the User is collected and processed.
Service - The service provided by this Platform as described in the relative terms and on this Platform.
3. COLLECTING OF DATA
This section explains generally the sources from which, and the means by which, we collect and process personal information.
3.1. Connecting your wallet
When you connect your wallet using TronLink, your wallet address will be used to provide our Services on the Platform.
3.2.Community profile registration
We collect Personal Datawhen you use certain Services (including when you sign up for an account, create or share, and message or communicate) and when you visit certain pages on Platform. This can include information on or about the services you provide or about how you use our Services.
Personal Data and other details about you that you supply as part of the registration process or that are collected by Us when you use the Services are used to provide you with the Services and information as set out in our Terms of Service. We will not use that information for any purpose other than the Services.
3.3.Communicating with us
If you contact us in relation to any of the Services (via email, telephone, post or otherwise), We may collect and retain your contact details and your communication for the purpose of handling your query and keeping records of communications.
3.4.Submit personal information
When you submit personal information to us voluntarily, including when you register a community account, communicate with us, or use any of our Services.
3.5.Visit our Platform
When you visit our Platform, we may collect location and other information from the internet browser you are using.
3.6.Technology technical information
When your communications with us provide us with certain technical information, such as internet protocol (IP) address, browser type, time zone setting and location, device operating system, and other technologies you may use to access our Platform or otherwise communicate with us.
4. COLLECTED DATA
The personal information we collect varies by user, transaction, and purpose, but our primary purpose is the efficient and satisfactory conduct of our business and for related legal purposes.
Users are responsible for any third-party Personal Data obtained, published or shared through this Platform and confirm that they have the third party's consent to provide the Data to the Owner.
We collect the following data:
· Contact information, which may include your name, postal address, email address and phone number and any other information you provide;
· Financial information, wallet address and other information you have linked to your Profile.
· Communications information, including records of your communications with us and our customer service team (such as records of emails, chat);
· Technical information, including device identifiers, IP address, and where you have enabled location services, your GPS location, as well as information on how you use our website and app. This information is mainly collected through cookies and includes: your visits to our platform, the links you click on, through and from our site (including date and time), the services you view or search for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling and clicks), and methods used to browse away from the page; technical information, including the internet protocol (IP) address used to connect your computer to the internet, your log-in information, the browser type and version, the time-zone setting, the operating system and platform, the type of device you use, a unique device identifier (for example, your device identifier, number, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use; information stored on your device, including if you give us access to contact information from your address book, photos, videos or other digital content, check-ins. We collect this information from you, when you provide it to us directly or when we collect it through our website or app using technical means, such as cookies.
We collect the following categories of Personal data for the following activities:
Categories of Personal data
Visiting the Platform
• Browsing data.
• Geolocation data.
• Technical information.
Contacting PayKiken support teams
• Identification data.
• Contact data.
• Content of your request.
Allowing the visitors and Users to exercise their data protection rights
• Identification data.
• Contact data.
• Content of the request.
• Data necessary to reply to the request addressed to PayKiken.
Complying with legal requests or manage litigation
• Data necessary to prove PayKiken compliance to its obligations and/or manage legal proceedings.
Creating a Community Account
• Identification data.
• Contact data.
Provide our Services
• Identification data.
• Financial data.
• Contact data.
Sending you marketing communications
• Contact data.
5. PURPOSE OF DATA COLLECTION
We use the personal information that we collect or receive from our Users for the purposes described in this Policy and for other business purposes allowed by law, including the development, delivery, and performance of our services, sharing with our affiliates for related business purposes, and as follows:
· To provide and maintain our Service, including to monitor the usage of our Service.
· To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication.
· To manage your requests: To attend and manage your requests to us.
· To respond to your requests and questions, resolve disputes, investigate and address your concerns, and monitor and improve our responses;
· To help maintain the safety, security, and integrity of our Platform, databases, and technology assets and to detect and prevent transactional fraud;
· For testing, research, analysis, and a product and service development, including to improve our Platform and services;
· For facilitating and processing your transactions with us and with our third party affiliates and business partners;
· To respond to law enforcement requests and as required by applicable laws, court orders, or governmental regulations;
· For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, marketing and your experience.
We process personal data on the following legal basis for the following purposes:
To allow you to create a Profile with us, use our Services.
Contractual necessity, to the extent the information we collect for these purposes is necessary to fulfil our contract with you.
To communicate with you about your Profile and your use of our Services and to effectively manage your Profile (e.g. send you an account activation email)
Contractual necessity, to the extent the information is necessary to fulfil our contract with you. Our legitimate interests, to the extent the information is necessary to process queries you make in relation to your Profile.
If you communicate with us (for example, if you email or call us), we will use your information for dealing with your queries, training and customer service purposes.
Contractual necessity: where you provide information that is necessary for us to fulfil our contract with you and provide our Services. Our legitimate interests are to handle your queries and provide you with the requested information, ensure high customer service quality and to train staff in responding to such requests.
To send you marketing communications about our Services (and the products or services of third parties that we make available through our Services), or to send you our newsletter when you sign up to receive this and to monitor whether you open our emails and/or click on URLs in our emails.
We rely on your consent, where this is required by law. Otherwise, we rely on our legitimate interest to keep you informed of products and services on our platforms, when we are allowed by law to do so.
To carry out market research and create marketing profiles about our users and understand their preferences in relation to our Services (including the products and services available through these).
Our legitimate interest to carry out marketing activities.
To compile statistics and analysis about the use of our Services and use such statistics to enable us to provide a better service, features, and functionality to you and other users. Your consent, where we obtain this information by using cookies.
Our legitimate interests (where consent is not required by law) so as to ensure the smooth and effective functioning of our Services, to make sound business decisions about our products and services and to design, inform and deploy our business strategies.
To respond to legitimate requests for the disclosure of information, made by public authorities, law enforcement or government bodies or under a court order.
Legal requirement, to the extent we are obliged under law to process such requests. Our legitimate interests to assist legitimate investigations carried out by official authorities.
To respond to complaints, to protect our legal rights and to establish, exercise or defend legal claims relating to our platforms and/or our products and services.
Our legitimate interests to protect our legal rights.
We do not use your personal information to take automated decisions about you which have a legal or similarly significant effect on you.
6. METHODS OF DATA PROCESSING
PayKiken takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to PayKiken, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Platform (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by PayKiken. The updated list of these parties may be requested from the Owner at any time.
PayKiken has put in place appropriate security measures to prevent your Personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, PayKiken limits access to your Personal data to those employees, agents, contractors and other third parties who have a business relationship with PayKiken, on a need to know basis. They will only process your Personal data on instructions of the Company, and they are subject to a duty of confidentiality. PayKiken has put in place 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. TRANSFERS AND SHARING OF DATA
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with PayKiken using the information provided in the contact section.
PayKiken may store, process, and/or transfer personal data to countries outside of the European Economic Area (EEA) (including countries where the European Commission has not made a decision of an adequate level of protection of personal data), but in these cases PayKiken will ask for specific consent regarding these data transfers.
We may share your personal data with following recipients:
· Internal recipients – your Personal data will only be disclosed to authorize employees that require an access to fulfil their obligations (e.g. support teams, developers, etc.). Our employees are specifically trained and made aware of the sensitivity of your Personal data and the requirements necessary to ensure the protection of your right to privacy.
· Processors – in order to provide the Services, PayKiken may communicate your Personal data to other entities acting as data processors.
· Partners and third parties – in order to provide the Services, PayKiken may communicate your Personal data to third party service providers.
· Judicial, administrative and other public authorities – PayKiken may have to share or disclose some of your Personal data if it is required to do so by the law, by a request meaning from a competent authority., to comply with a court order, to obtain legal remedies or defend PayKiken’s rights, to contribute with investigations (e.g. fraud, identity theft, etc.).
8. RETENTION TIME
We will store your personal information for as long as it is required for us to fulfil the purposes for which we have collected it, as described in this Policy, and for such further period that is necessary to comply with our legal and regulatory obligations, to exercise our legal rights and to protect our business from legal claims.
We will retain your Personal data for the duration required to provide our Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable law, we will keep records containing Personal data, communications and anything else as required by applicable laws and regulations.
· Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
· Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfil such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
PayKiken may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
9. RIGHTS UNDER GDPR
Users may exercise certain rights regarding their Data processed by PayKiken. In particular, Users have the right to do the following:
(i) Request access to your Personal data: This enables you to receive a copy of the Personal data we hold about you and to check that we are lawfully processing it.
(ii) Request correction 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.
(iii) 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, where we may have processed
your information unlawfully or where we are required to erase your Personal data to
comply with applicable law. However, it is pertinent to note herein 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.
(iv) Object to processing of your Personal data: In the event 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 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.
(v) 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.
(vi) Request the transfer 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 this agreement with you.
(vii) 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 Services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please contact us.
(viii) Lodge a complaint. If you have unresolved concerns, you have the right to complain to the data protection authority.
Any requests to exercise User rights can be directed to PayKiken through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
If user has any issues regarding data processing done by PayKiken, user can send request to the data protection authority.
Any terms defined in the CCPA that are not otherwise defined in this Supplement shall have the same meanings as such terms are given in the CCPA.
The CCPA provides Users with certain additional rights and information regarding their personal information. This Supplement provides those disclosures and describes those additional rights and explains how such additional rights may be exercised. Please read this Supplement as an expansion of the terms of the Policy set forth above as to Users interacting or doing business with us.
Categories of Personal Information Collected.
Listed below are the categories of personal information that we collect and use in our business for commercial purposes. These categories of data do not all apply at all times or as to all Consumers and often our receipt of this data is based on a Consumer’s voluntary submission of it to us for specific purposes or transactions requested by the Consumer:
B. Internet or other network activity
Online browsing history or other information relating to a Consumer’s interaction with websites, applications, or advertisements.
C. Other information
Sale of Personal Information.
The CCPA requires that we disclose if we sell the personal information of Consumers to third parties which do not meet the definition of Service Providers under the CCPA. The common understanding of the term “sell” is to transfer property (in this case, personal information) for monetary consideration (i.e., cash), but under the CCPA, the definition of “sell” includes exchanging data for a business benefit other than cash. We do not sell, disclose, or transfer any Consumer’s personal information to a third party which does not meet the definition of Service Providers under the CCPA.
California Residents’ Rights
We extend the following rights to Users relating to their personal information that we have collected, used, or hold (collectively, “Data Rights”).
When Data Rights Do Not Apply. Data Rights are subject to certain exceptions and limitations based on the specific data processing activities involved or other legal constraints like law enforcement and litigation uses. If any of those exceptions or limitations should apply to a Data Rights request, we will explain in our response why (or the extent to which) we are unable to honour a User request.
Data Rights Described. A User’s rights relating to his or her personal information includes one or more of the following rights if and as applicable to a given request (a “Data Rights Request”).
The Right to Know. A User has a right to request that we disclose certain information to him or her about our collection and use of the User’s personal information over the past 12 months. Upon such a request, after verification of the User’s identity, we will confirm (i) the categories of personal information we have collected about the User, (ii) the categories of sources from which such information was collected, (iii) the business or commercial purpose for our collection, disclosure or use of such data, (iv) the categories of any third parties with which we shared such personal information for a business purpose, and (v) the specific pieces of personal information we have collected about the User.
The Right of Deletion. In some circumstances, a User has the right to request that we delete personal information that we have collected from or about the User. Those circumstances include when (i) the personal information is no longer necessary in relation to the purposes for which it was collected or processed; (ii) the User withdraws his or her consent to any consent-based processing such as marketing; and/or (iii) our continued processing of such data violates this Policy or is otherwise unlawful. However, there are exceptions to the right of deletion, including when our retention and processing of such data is reasonably necessary to (A) complete the transaction for which such data was collected, to fulfil the terms of a written warranty or product recall or otherwise perform our contract with the User, (B) provide a product or service requested by the User or take actions reasonably anticipated within the context of our ongoing business relationship, (C) detect security incidents or protect against deceptive, fraudulent or unlawful activity, (D) for internal use reasonably aligned with the User’s expectations under this Policy or applicable law, and/or (E) compliance with a legal obligation.
The Right to Data Portability. In certain circumstances under the Right to Know, a User has the right to access the specific pieces of his or her personal information that we collected from such User, by mail or electronically, and if provided electronically, in a portable, readily useable format to the extent technically feasible. However, this right does not apply where it is outweighed by other lawful needs or when the attempted return of it would adversely affect the rights or interests of others, such as when the personal information cannot be segregated from other protected data.
Right to Opt-Out of the Sale of Personal Information. If and to the extent we are deemed to Sell a User’s personal information to a third party, the User has the right to direct us to stop Selling the User’s personal information to such third parties (the “Right to Opt-Out”). To exercise the Right to Opt-Out, the User may submit a Data Rights Request Form to us invoking such right. The Consumer does not need to create an account with us to exercise his or her Right to Opt-Out. We will only use personal information provided in an opt-out request to review and comply with the requesting User’s request. A User’s exercise of the Right to Opt-Out will only apply to our disclosures to third parties which are not Service Providers and will not affect our own communications and transactions with our User or communications by our business partners with our Users in connection with our own business activities.
Any Data Rights Request must:
· Provide sufficient information to permit us to reasonably verify that the requestor is the person about whom we collected personal information or an authorized representative thereof. We cannot respond to a request or provide personal information if we cannot verify the requestor’s identity or authority to make the request and confirm that the personal information relates to them.
· Such verification requirements include proof of the identity of the User about whom a request is made either (i) by a third party identity verification service engaged by us, or (ii) by our matching the identifying information of the User at issue with the personal information of the User already maintained by us, either in a password protected account with the User or by identification of the User’s recent vehicle searches or other activities with us or our business partners.
· Describe the Data Rights Request with sufficient detail for us to properly understand, evaluate and respond to it.
Users do not need to create an account with us to submit a Data Rights Request, but we do consider requests made through a password protected account sufficiently verified when the request relates to personal information associated with that account. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.
We will promptly confirm receipt of any such request (generally within ten 10 days) and endeavour to substantively respond to it after verification within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically or as otherwise agreed.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to verifiable Data Rights Requests unless excessive, repetitive, or manifestly unfounded.
Authorized Agent: The CCPA allows California consumers to designate an authorized agent to exercise their rights under CCPA. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
11. ADDITIONAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING
The User's Personal Data may be used for legal purposes by PayKiken in Court or in the stages leading to possible legal action arising from improper use of this Platform or the related Services.
System logs and maintenance
For operation and maintenance purposes, this Platform and any third-party services may collect files that record interaction with this Platform (System logs) use other Personal Data (such as the IP Address) for this purpose.
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from PayKiken at any time. Please see the contact information at the beginning of this document.
Visiting Third-Party Platforms
Should the changes affect processing activities performed on the basis of the User’s consent, PayKiken shall collect new consent from the User, where required.
Latest update: October 18, 2023