Ethersmart Terms & Privacy policy

Bill Ray

June 28, 2021 09:00 utc

Latest updates: June 28, 2021

INTRODUCTION

Welcome to Ethersmart Financial Investments, llc.  Privacy policy and global investment services (ETM Global - Privacy Policy).

Ethersmart Financial investments, llc domiciled at Burj Al Salam,Sheikh Zayed Road, Dubai, UAE. (“Ethersmart”, “ETM Global”, “we”; “us”; “our”) respects your privacy and is committed to protecting your personal information or, as otherwise termed, your “personal data”. In that regard, ETM Global has launched and offers a service which provides our clients (subject to prior account registration) with access to certain virtual financial assets on an online trading platform (the “Platform”) which is accessible via the website ethersmart.org (which is accessible by going to any number of websites including etmplay.com etmbet.com etmjackpot.com shopetm.com etmexchange.com) (the “Site”) or our mobile applications or any application programming interface (API) provided by Ethersmart Global relating to the Site. The Platform automatically matches trades with open orders from other traders, In addition to the matching and trading services offered over the Platform, the Platform also offers digital wallet services to registered account users, allowing them to store the virtual financial assets which are traded over the Platform.

This Privacy Policy explains how information about you is collected, used, and disclosed by Ethersmart Global and to set out the basis on which we will process your personal data when you:

  • visit and use the Site and/or the Platform (regardless of where you visit or use them from);
  • apply for and open an account in respect of our Platform (your “Account”); and
  • apply for, receive or use any of the related services that we offer in connection with the Platform, including our virtual financial assets exchange and digital wallet services (the “Services”).

This includes any data that you may provide for and in relation to our newsletters, updates, events and other marketing and promotional communications.

This Privacy Policy also informs you about: (i) how we will handle and look after your personal data, (ii) our obligations in regard to processing your personal data responsibly and securely, (iii) your data protection rights as a data subject, and (iv) how the law protects you. It should be read in conjunction with our IP Address and Cookie Policy which is available at https://ethersmart.zendesk.com/hc/en-us/articles/752815427001

This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below. 

  1. Important Information and who we are
  2. Key definitions
  3. The personal data we collect about you
  4. How is your personal data collected?                                          
  5. How we use your personal data
  6. Disclosures of your personal data
  7. International transfer
  8. Data security
  9. Data retention 
  10. Your legal rights

1. IMPORTANT INFORMATION AND WHO WE ARE

 Purpose of this Privacy Notice

We process your personal data in an appropriate and lawful manner, in accordance with the Liechtenstein Data Protection Act of 4 October 2018 (the “Act”) as amended, and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “ASIAN”), as well as subsidiary legislation and regulations promulgated thereunder.

This Policy aims to give information on how Ethersmart Global collects and processes your personal data in the scenarios outlined above in the ‘Introduction’ (namely, through your use of the Site, the Platform and our related services, including any data that you may provide to us or which we may receive).

The Site and the Platform are not intended for minors (i.e., persons under 18 years of age) and we do not knowingly collect personal data relating to minors.

It is important that you read this Policy together with any other privacy notice or policy which we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Policy supplements the other notices and is not intended to override them.

Controller

Ethersmart Global as defined above is the controller and responsible for your personal data.

We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this Policy and our processing activities in general. If you have any questions or requests, including any requests to exercise your legal rights as a data subject, please contact the DPO using the details set out below.

Contact Details

Full name of legal entity:          Ethersmart Financial investments, llc (Commercial)

Name of DPO:                            Angela Mallin

Email address:                           [email protected] 

Address:                          Burj Al Salam,Sheikh Zayed Road, Dubai, UAE.

Last update and Your Duty to Inform Us of Changes

This Policy was last updated on June 28, 2021.  

It is imperative that the personal data we hold about you is accurate and current at all times. Otherwise, this will impair our ability to provide you with the availability of our Platform (amongst other potential and salient issues). Please keep us informed if your personal data changes during your relationship with us. For your right to rectification of the processed information, please refer to sub-paragraph ii of Section 10 of the Policy.

Third-Party Links

Our Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy notices, statements or policies.

We encourage you to read the privacy Policy of every website you visit.

2. KEY DEFINITIONS

Set out below are key definitions of certain data protection terms which appear in this Privacy Policy.

Consent Form” refers to separate documents which we might from time to time provide you where we ask for your explicit consent for any processing which is not for purposes set out in this Privacy Policy.

Data subjects” means living individuals (i.e. natural persons) about whom we collect and process personal data.

Data controller” or “controller” means any entity or individual who determines the purposes for which, and the manner in which, any personal data is processed.

Data processor” or “processor” means any entity or individual that processes data on our behalf and on our instructions (we being the data controller).

Personal data” means data relating to a living individual (i.e. natural person) who can be identified from the data (information) we hold or possess. This includes, but is not limited to, your name and surname (including maiden name where applicable), address, date of birth, nationality, gender, civil status, tax status, identity card number & passport number, contact details (including mobile and home phone number and personal email address), photographic image, bank account details, emergency contact information as well as online identifiers. The term “personal information”, where and when used in this Privacy Policy, shall be taken have the same meaning as personal data.

Processing” means any activity that involves use of personal data. It includes collecting, recording or holding the data, or carrying out any operation or set of operations on the data including, organising, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, disseminating or otherwise making available, aligning or combining, restricting, erasing or destroying it. Processing also includes transferring personal data to third parties. 

Sensitive personal data”, “sensitive data” or “special categories of personal data” includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, genetics and genetics-related aspects, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings, or the conviction or the sentence of any court in such proceedings. This type of sensitive data can only be processed under strict conditions set forth in articles 9 and 10 of the GDPR and ASIAN.

Note that personal data does not include information relating to a legal person (for example, a company or other legal entity). In that regard, information such as a company name, its company number, registered address and VAT number does not amount to personal data in terms of both the Act and the GDPR. Therefore, the collection and use of information strictly pertaining to a legal person does not give rise to data controller obligations at law. Naturally, we will still treat any and all such information in a confidential and secure manner.  

3. THE PERSONAL DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified (as stated above). It does not include data where the identity has been removed and is not relatable to an identified or identifiable person (anonymous data). In the course of your relationship with us (including during the account opening stage), we may collect, use, store and transfer different kinds of personal data about you which we have grouped together.

We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive feature of the Services, fill out a form, participate in a community or forum discussion, complete an exchange transaction, apply for a job at Ethersmart Global, request customer support or otherwise communicate with us. The types of information we may collect include your name, date of birth, email address, postal address, phone number, certain virtual financial asset information, and, in addition any further information you choose to provide. Only personal information necessary for carrying out and performing our tasks and services, or made available by you on a voluntary basis, is collected.

For avoidance of doubt, categories marked in blue are applicable to customers (i.e. individuals who hold a registered customer account with us). We shall request this information in order to be able to register you on our Platform.

  • Identity Data includes your first name, maiden name (where applicable), last name, address, username or similar identifier, marital status, title, nationality, date of birth, gender, photograph, identity card and/or passport number. This will form part of your account information on the Platform.
  • Contact Data includes your billing address, email address and contact number (telephone and/or mobile).
  • Financial Data includes your bank account and payment details.
  • AML / KYC Data includes the following due diligence / KYC information and documentation about you: (i) copy of valid I.D. card or passport, (ii) proof of residence (e.g. confirmation of identity), (iii) KYC database checks, (iv) fraud database checks and (v) any documentation or information which we may, from time to time:
    • be required to collect to ensure compliance with any applicable legislation (including applicable foreign laws) and global AML/KYC practices; and/or
    • otherwise be mandated to collect by the Liechtenstein Financial Intelligence Unit (“FIU”), the Liechtenstein Financial Market Authority (“FMA”) and/or any other competent authority or law enforcement agency (national or international).
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

The categories of personal data marked in green below are applicable to customers holding a registered account with us who start trading over the Platform and otherwise make use of our Services, thus coming in addition to the data categories marked in blue above.

For the duration of this information being stored, please see Section 9. In accordance with the relevant legal obligations, AML / KYC Data will be stored until ten years after the termination of the customer relationship.  The storage’s purpose is based on ensuring the operability of the system, ensuring the performance of the transactions on the Platform, the compliance with the legal duties concerning KYC/AML/due diligence duties.

  • Transaction Data includes details about:
    • the type of virtual financial assets involved, the order volume, price, value and, where applicable, the proceeds derived;
    • your trading and transactional history on the Platform, including withdrawals and order activity; and
    • the payments which we receive, or otherwise, charge you (e.g. our fees for your use of the Platform).
  • Portfolio Data includes details about the virtual financial assets and amounts credited to your Account and your Account balances.
  • Enhanced KYC Data applies in respect of instances mandated by our AML-KYC Policy, which would include, amongst other scenarios, situations where a higher risk of money laundering and funding of terrorism has been identified.

For the duration of this information being stored, please see Section 9. The storage’s purpose is based on ensuring the operability of the system, ensuring the performance of the transactions on the Platform, the compliance with the legal duties concerning KYC/AML/due diligence duties, and to maintain the integrity of the system. 

In all cases, we collect the following information upon access to our Site:

  • Technical/LOG Data includes the IP address, your login data to the Platform (username and password), information on your internet service provider, device type, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and other technology on the devices you use to access the Site and Platform. This also includes information about your use of the Services, including the type of browser time and date of access, pages viewed, and the page you visited before navigating to our Services.
  • Device Data includes information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • Usage Data includes information about how you use the Platform.

For the duration of this information being stored, please see Section 9. The storage’s purpose is based on the security of processing in order to ensure the stability and operational security of the system as well as for statistical purposes in order to derive Aggregated Data from Usage Data.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data will be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of the Site and/or the Platform. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

If you fail to provide Personal Data

Where we need to collect personal data about you:

  • by law; or
  • under the terms of, or in connection with, the contract that we have with you (as discussed in Section 1 above); or
  • as part of our legitimate (business) interests to verify the identity of our applicants and clients, mitigate against risks (such as potential or suspected fraud) and in particular, to assess and take a decision on whether we will or should enter into a relationship with you (as subject to our client acceptance criteria and policies);

and you either fail to provide that data when requested, or else provide incomplete or insufficient data, we may not be able to perform or conclude the contract which we have or are otherwise trying to enter into with you (namely regarding your account opening on the Platform and provision of our related services).

In certain instances, particularly where this relates to AML / KYC Data, we may even need to exercise our prerogative to terminate our contract with you, and thus withdraw the availability of our services to you, or else, if still at application stage, we may have to decline to enter into a relationship with you. We will, however, notify you if this is the case at that point in time.

Sensitive Personal Data

We do not knowingly collect any information qualifying as Special Categories of Personal Data under article 9 of the GDPR and ASIAN (or Sensitive Personal Data) about you. Should we receive sensitive personal data about you, we will only process that data where there is a legitimate reason and purpose as set down in article 9 para. 2 of the GDPR and ASIAN to do so and, in all circumstances, in accordance with our obligations at law and under the appropriate safeguards.

As set out below in Section 5, we collect and process AML / KYC Data in order to be able to (i) comply with legal and regulatory obligations, as applicable (ii) conduct our AML and KYC checks, and other due diligence checks, on you, (iii) verify your identity or claimed identity and identify and/or verify your source of funds and source of wealth, as appropriate, (iv) perform a risk assessment on the potential customer relationship, (v) take an informed decision on whether we want to enter into a customer relationship with you, and, if positive, to conduct initial and ongoing screening and monitoring and (vi) to comply with any legal or regulatory obligation that we may have and/or any Court, regulatory or enforcement order that may be issued upon us.

4. HOW IS YOUR PERSONAL DATA COLLECTED?

(A)     Account Registration and Opening.

We will ask you to provide us with your Identity, Contact, Financial and AML/KYC Data when you apply to register and open an account with us on our Platform (including at account finalisation stage). You provide these personal details and information to us, which we collect and process, when you fill in and submit our application form (together with other related forms), and complete our required application steps.

Your Account Data will be generated on the basis of your application, and is also processed and stored by us. For the duration of this information being stored, please see Section 9.

(B)     Service Use.

This encompasses all of the data categories listed in Section 3 (namely, Identity, Contact, Financial, AML and KYC Data, Marketing and Communication Data; Enhanced KYC Data, Portfolio Data, and Transaction Data) 

(C)     Direct Interactions.

You may also give us your Identity, Contact, Financial, AML/KYC Data, Marketing and Communications Data, and Transaction Data by filling in our other forms (i.e. separate to our account opening and registration form), or by corresponding with us by post, phone, e-mail or otherwise. This includes personal data that you provide when you, as applicable:

  • apply to open an account;
  • update or edit your account details;
  • subscribe to our Platform;
  • request withdrawals from your Account;
  • contact us with complaints or queries;
  • report issues;
  • submit the (additional or supplementary) AML / KYC Data that we may request from you;
  • request marketing to be sent to you;
  • participate in a survey; or
  • provide us with feedback. 

(D)     Automated Technologies or Interactions.

As you interact with the Platform and the Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns (please see the bullet point “Technical/LOG Data” for the relevant information that is collected and processed). We collect this personal data by using cookies, server logs and other similar technologies.

Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits, manage the registration process for accounts, remember your site preferences, retain certain information to process orders for exchange transactions, and retain information to provide you with support. Web beacons are electronic images that may be used on our Platform or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. Cookies remain stored until you delete them. Thus, we can recognize your browser when you visit the Site again.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that choosing to remove or reject cookies could affect the availability and functionality of our Services.

The legal basis for the data processed by the way of cookies is article 6 para. 1 subpara. 1 lit. f of the GDPR and ASIAN.

Cookies retain their validity for the minimum period necessary for their functionality

Please see our IP Address and Cookie Policy https://ethersmartglobal.zendesk.com/hc/en-us/articles/752815427001 for further details. 

Furthermore, we analyse the use of our internet presence with the web analysis tool Google Analytics. This exclusively serves the optimisation of the Site with regard to user-friendliness and to making available useful information about our services. There is no consolidation of this information with other sources of information relating to persons; nor does a transfer to third parties occur. 

The legal basis for the temporary storage of information and the logfiles is article 6 para. 1 subpara. 1 lit. f of the GDPR and ASIAN. 

There is no personal evaluation. The analyses are based on anonymized sets of data.

(E)     Third Parties or Publicly Available Sources.

We also obtain information from other sources and combine that with information we collect through our Services. For example, we collect information about you from third parties, including but not limited to social media platforms and publicly available sources.

We also receive personal data about you from various third parties and public sources, as set out below:

  • Technical Data from the following parties:
    • Analytic providers such as Google Analytics:

On our Site, we use “Google Analytics”, a web analysis service by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, for evaluating the usage of our Site. Google Analytics uses cookies (see subsection D) that are saved on your computer. The information on the usage of our Site and the internet by the user can be processed and evaluated by Google.

You can opt out of making your site activity available to Google Analytics by installing and activating the Google Analytics opt-out browser add-on (for Chrome, available on  https://chrome.google.com/webstore/detail/google-analytics-opt-out/fllaojicojecljbmefodhfapmkghcbnh?hl=en) or a similar browser add-on corresponding with the browser you use (Edge, Firefox, Safari etc.). The add-on prevents the Google Analytics JavaScript that is running on websites from sharing information with Google Analytics about visit activity.

The information collected by Google will, if applicable, transferred by Google to countries outside the European Union and the European Economic Area, including in particular to the USA. However, Google has submitted to the Privacy Shield Framework. For further information regarding your rights as a result thereof, please see http://ec.europa.eu/justice/data-protection/document/citizens-guide_en.pdf

Furthermore, we ensure that your IP Address is anonymised before the transfer to Google.

The legal basis for the use of Google Analytics is article 6 para. 1 subpara. 1 lit. f of the GDPR and ASIAN.

We also receive personal data from advertising networks such as Google Ads, which uses Google Analytics as explained above:

On our Site, we use “Google Ads”, an advertisement service by Google Inc. for providing user information related to Ethersmart Global. Google Ads uses cookies (see subsection D) that are saved on your computer. The information on the usage of our Site and the internet by the user can be processed and evaluated by Google.

Regarding the transfer of the relevant information collected by Google, please see the corresponding statement on Google Analytics.

The legal basis for the use of Google Ads is article 6 para. 1 subpara. 1 lit. f of the GDPR and ASIAN.

  • Identity, Contact, AML / KYC Data from publicly available sources such as public court documents, the Commercial Register and the company houses and registers of other jurisdictions, and from electronic data searches, online KYC search tools (which may be subscription or license based), anti-fraud databases and other third party databases, sanctions lists, outsourced third-party KYC providers and from general searches carried out via online search engines (e.g. Google).

5. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when Liechtenstein law allows us to. Most commonly, we will use our personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you in respect of your customer relationship with us.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Purposes for which we will Use your Personal Data 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate. We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at [email protected]  if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/ActivityType of DataLawful Basis for Processing (including Basis of Legitimate Interest)
  (i) To conduct due diligence checks on you (following your application to open and register an account). (ii) To determine if we will enter into a customer relationship with you and, if positive, to register your account and on-board you as a new customer.  (a) Identity; (b) Contact; (c) Financial; (d) AML / KYC Data;  (a) Performance of a contract with you. (b) Necessary for compliance with our legal obligations (c) Necessary for our legitimate interests, including to establish and verify: - your identity and suitability for our Platform, - the existence of any risks that you may present as a prospective customer, - your ability to meet financial commitments, - and ultimately, to enable us to take an informed decision on whether we should enter into a customer relationship with you.
(i) To establish and verify your identity. (ii) To fulfil our other internal KYC policies and requirements, including, but not limited to a risk assessment. (iii) To fulfil any external mandatory reporting obligations that we may have to the FIU, the FMA, the Commercial Register, the Police and any other (including overseas) public, regulatory, law enforcement or tax authority.(a) Identity; (b) Contact; (c) AML / KYC Data; (d) Transaction; (e) Enhanced KYC Data.(a) Necessary to comply with a legal obligation. (b) Necessary for our legitimate interests (for risk assessment purposes, to prevent and mitigate against fraud, to safeguard the reputation of our business).
To provide the Services, in particular: (i) to match any orders for virtual financial assets in order to find an appropriate trade with another registered user; (ii) manage payments, fees, charges and subscription costs; and (iii) collect and recover money as may be appropriate; and (iv) investigate any suspected fraudulent transactions(a) Identity (b) Contact (c) Financial (d) Transaction (e) Portfolio(a) Performance of a contract with you (b) Necessary for our legitimate interest to collect and recover debts and prevent fraudulent transactions
For legal, tax and accounting purposes (e.g. reporting to tax authorities, and accounting record requirements). (a) Financial; and (b) Transaction.Necessary to comply with a legal obligation.
  To detect, prevent and report fraudulent or suspicious orders/transactions.(a) Identity; (b) Contact (c) Applicant (d) AML / KYC Data (e) Enhanced KYC Data; (f) Financial; (g) Portfolio; (h) Transaction.Necessary for our legitimate interests, including in particular to: - protect the reputation of our business; - avoid any complicity or association with fraud; - report fraudulent or otherwise suspicious orders that we receive (or which later came to our knowledge) to relevant public authorities.
To manage our relationship with you, including in particular to:  (i) notify you about changes to our terms and conditions or privacy notices; (ii) inform you about changes to our Platform (including the addition of new virtual financial assets that are available to trading);  (iii) deal with your enquiries, requests, complaints or reported issues; (iv) provide you with customer support and assistance; (v) contact you in relation to your account, portfolio and other related matters; (vi) ask you to participate in a survey; (vii) request feedback from you; (viii) advise you of industry and legislative updates; (ix) inform you about our events; (x) provide you with information about our Platform; (xi) administer your account; (xii) provide you with any other information or materials that you have requested to receive from us; (xiii) manage disputes with you or other players; (xiv) to identify and correct issues with the Platform and/or the Site.  (a) Identity; (b) Contact; (c) Financial; (d) Account; (e) Portfolio; (f) Transaction; (g) Usage; (h) Profile; (i) Marketing and Communications.    (a) Performance of a contract with you.   (b) Necessary for our legitimate interests (for ‘customer care’ and service matters, to study how clients use our Platform, to assess our operations, to develop them and grow our business).  
To administer and protect our business, including the Platform and the Site, (including troubleshooting, data analysis, testing, system maintenance, support, safety and security testing, reporting and hosting of data).  (a) Identity; (b) Contact; (c) Technical; (d) Account.(a) Necessary for our legitimate interests (for running and administering our business, network security, to prevent fraud, and in the context of a business reorganisation or group restructuring exercise). (b) Necessary to comply with a legal obligation. (c) Performance of a contract with you.
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising which we serve to you. To ensure that our content is presented in the most effective manner for you and your computer and devices, and in a user friendly manner.  (a) Identity; (b) Contact; (c) Account; (d) Usage; (e) Marketing and Communications; (f) Technical.Necessary for our legitimate interests (to study how clients use our Platform, to develop them, to grow our business and to inform our marketing strategy).
To use data analytics, including those collected by third parties such as Google Analytics and Google Ads, to improve the Site and Platform, marketing, customer relationships and experiences.(a) Technical; (b) Usage.Necessary for our legitimate interests (to define types of clients and investors that have registered an account on our Platform, to keep the Site and the Platform updated and relevant, to develop our business and to inform our marketing strategy).

We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at the following email address: [email protected]

Marketing

We strive to provide you with choices regarding certain personal data uses in relation to your account. Through your Account, Identity, Contact, Technical, Usage and Marketing and Communications Data, we can form a view on what we think you may want or need. We will send details as to how you may enhance your trading activity in relation to the account.

You may receive marketing communications from us (which may consist of newsletters, industry updates, mailshots, publications, promotional materials and/or information about our events) where:

  • you provide your consent to receiving such marketing material; or
  • you have an ongoing commercial or contractual relationship with us (e.g. where we consider you to be an active customer and user of the Platform); and
  • provided you have not opted out of receiving marketing from us (see Your right to object in Section 10 below).

Third-Party Marketing

We will get your express opt-in consent before we share your personal data with any third parties (including our associated or related corporate entities) for marketing purposes. If consent is not provided, your personal data shall not be shared.

Opting Out

You can ask us to stop sending such advertising and marketing communications at any time by:

  • following the opt-out links on any marketing message sent to you;
  • contacting us at any time at: [email protected]

Where you opt out of receiving such communications, this will not apply to personal data processed or provided to us as a result of your entry into a customer relationship with us and our Platform for the other respective purposes.

Change of Purpose / Processing under a Different Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose, or we are obliged to process your data by applicable laws or court or other enforceable orders.

If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at: [email protected]

If we need to use your personal data for an unrelated purpose based on a legal provision requiring such processing, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without the need to obtain your consent, in compliance with the above rules, where this is required or permitted by law.

6. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in Section 5 above.

  • External third parties.
  • Suppliers and external agencies that we engage to process information on our and/or your behalf, including to provide you with the information and/or materials that you have requested.
  • Our subsidiaries, associates and agents where necessary to facilitate your relationship with us.
  • The Liechtenstein Tax Administration (Steuerverwaltung), the Office for Data Protection, regulators, law enforcement agencies and other authorities who require reporting of processing activities, or may request information from us, in terms of applicable law and in certain circumstances.
  • Professional advisers such as consultants, bankers, professional indemnity insurers, brokers and auditors.
  • Other organisations where exchange of information is for the purpose of fraud protection or credit risk reduction.
  • Debt recovery agencies who assist us with the recovery of debts owed to us. 
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets (successors in title). Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way and for the same purposes as set out in this Policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law (including applicable data protection and privacy law). We do not allow our third party business partners or service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our documented instructions. Furthermore, these third parties access and process your data on the basis of strict confidentiality and subject to the appropriate security measures and safeguards.

We may also disclose your data:

(i)  if we are under a duty to disclose or share your personal data to comply with any legal obligation, judgment or under an order from a court, tribunal or authority, or

(ii)  if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Ethersmart Global or others, or

(iii)  in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; or

(iv)  if we have your consent or at your direction.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

7. INTERNATIONAL TRANSFERS

We do not generally transfer your personal data to entities outside the European Economic Area (“EEA”) and Asian. Except as may be necessary to: (i) enable your use of the Platform and our Services, (ii) fulfil our contractual obligations to you or exercise our contractual obligations against you, (iii) comply with our legal or regulatory obligations or (iv) assert, file or exercise a legal claim. Where we do need to transfer your personal data outside the EEA (whether for these stated purposes or any other purpose listed in Section 5 above), we will ensure a similar degree of protection is afforded to that personal data by ensuring at least one of the following safeguards applies or is otherwise implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European, the Asian Commission in a corresponding adequacy decision.
  • In the absence of an adequacy decision, we will use standard contractual clauses that have been approved by the European, the Asian Commission.
  • Where we use providers based in the U.S., we may transfer data to them if they have submitted to the Privacy Shield Framework which requires them to provide similar protection to personal data shared between the Europe, the Asian and the US.

In particular, we intend to share your personal data with Ethersmart Financial investments, llc. domiciled at Burj Al Salam,Sheikh Zayed Road, Dubai, UAE.

Such transfers of your personal data shall only take place subject to the appropriate safeguards. In particular we make use of Standard Contractual Clauses approved by the European, the Asian Commission in order to transfer your personal data to our service providers indicated above.

Please contact us at [email protected]  if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

8. DATA SECURITY

While no online or electronic system is guaranteed to be secure, we take reasonable measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction.

In relation to you visiting our Site, we use the industry standard encryption for the connection between our servers and the user's browser. Whether an individual page of our internet presence is transmitted through encryption can be seen by e.g. the shut padlock symbol in your browser’s address bar.

We have put in place appropriate technical and organisational security measures to prevent your personal data from being partially or entirely lost, accidentally or intentionally manipulated, used or accessed in an unauthorised way by third parties, altered, disclosed, or destroyed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Our security measures are improved in accordance with technological progress.

We have 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.

9. DATA RETENTION

How long will you use my personal data for?

Please note that we consider our relationship with you to be an ongoing and continuous customer relationship, until terminated.

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for (i.e. the ongoing service provision) and, thereafter, for the purpose of satisfying any legal, accounting, tax, KYC and AML, and reporting requirements or obligations to which we may be subject and/or to the extent that we may also need to retain your personal data to be able to assert, exercise or defend possible future legal claims against or otherwise involving you.

By and large, our retention of your personal data shall not exceed the period of three (3) years from the date of the termination of your relationship with us (which would typically arise from the closure/de-registration of your account on the Platform). This period of retention enables us to use the data in question for the possible filing, exercise or defence of legal claims (taking into account the timeframe of applicable statutes of limitation and prescriptive periods). In certain cases though, we may need to retain your data for a period of up to ten (10) years in order to comply with applicable accounting and tax laws (this will primarily consist of your Transaction Data).

In the event that Ethersmart Global’s activities are held by competent legislators and regulators to amount to a ‘relevant activity’ under due diligence law, we will retain your AML and KYC Data for the duration of your business relationship with us and for a further period of ten (10) years following its termination. We may need to revise this AML retention period in the event of applicable legal or regulatory developments, but we will notify you if this is the case at the time. 

In some circumstances, you can ask us to delete your data. See below for further information.

Kindly contact our DPO for further details about the retention periods that we apply.

Data Minimisation

Whenever and to the extent possible, we anonymise the data which we hold about you when it is no longer necessary to identify you from the data which we hold about you (anonymous data).

In order to collect, use, and share Aggregate Data (see section 3), we will even anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice.

10. YOUR LEGAL RIGHTS

You have rights under data protection laws in relation to your personal data.

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us at [email protected] These rights are explained below.

No Fee usually required

You will not normally have to pay a fee to exercise your data subject rights.

However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in the above circumstances.

What we need from you

We will need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other data subject rights). This includes your name, address, date of birth, and (in case of a passport/identity card being requested) its validity period.

Time limit to Respond 

We try to respond to all legitimate requests within the period of one month from receipt of the request.

Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you within four weeks and keep you updated.

Your Legal Rights

According to the GDPR, you have the right to:

i. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. In particular, you are entitled to receive information on the processing purposes, the categories of personal information, the categories of recipients to whom your personal data has been or is disclosed, the intended duration of storage, the existence of a right to correction or rectification, erasure, restriction of or objection to processing, transfer (data portability), the information’s origin (as far as it has not been collected on our part), as well as on the existence of automated individual decision-making including profiling. You may send an email to [email protected] requesting information as the personal data which we process. You shall receive one copy free of charge via email of the personal data which is undergoing processing. Any further copies of the information processed may incur a charge of € 10.00.

If the confirmation as stated above cannot be delivered to you within one month after receiving the request due to the complexity of the request, we will inform you of the extension of the deadline (of two months maximum) within one month after receiving your request, while providing reasons for the delay. The requested information will be delivered no later than within three months after receiving the request (article 12 para. 3 GDPR), about the third party or publicly accessible source from which we have collected your personal data. 

ii. Request correction or rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected and/or updated, though we may need to verify the accuracy of the new data you provide to us. As mentioned, it is in your interest to keep us informed of any changes or updates to your personal data which occur during the course of your relationship with us.

iii. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where:

  • there is no need or legitimate reason for us continuing to process it;
  • you have withdrawn your consent to the processing (where applicable);
  • you have successfully exercised your right to object to processing (see below);
  • we have processed your information unlawfully; or
  • we are required to erase your personal data to comply with local law.

Note, however, 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. These may include instances where continued processing is necessary in order to be able to:

  • comply with a legal or regulatory obligation to which we are subject; or
  • establish, exercise or defend our legal claims.

iv. Object to processing of your personal data where 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 on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes (see Marketing in Section 5 above).

In some cases, the right to object will not lead to us no longer processing the personal data due to compelling legitimate grounds to further process your information overriding your interests, rights and freedoms. In such cases, we will demonstrate these grounds in a clear and specific manner.

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: 

  • if you contest the data’s accuracy, enabling us to verify said accuracy;
  • where our use of the data is unlawful but you do not want us to erase it;
  • 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
  • you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it (see subpara. iv).

vi. Request the transfer (data portability) 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 (see Section 4 subsection D) with regard to which you initially provided consent for us to use or where we used the information to perform a contract with you.

vii. Withdraw consent at any time where we are relying on consent to process your personal data (which will not generally be the case). This will not however affect the lawfulness of any processing which we carried out before you withdrew your consent. Any processing activities that are not based on your consent will remain unaffected by the withdrawal of consent.

Kindly note that none of these data subject rights are absolute, and must generally be weighed against our own legal obligations and legitimate interests. If a decision is taken to override your data subject request, you will be informed of this by our data protection team along with the reasons for our decision.

viii. Right to file a complaint with the supervisory authority: If you are of the opinion that your personal information has been processed unlawfully or that your rights under the Act and/or the GDPR have been breached, you have the right to lodge a complaint at any time to a competent supervisory authority on data protection matters, such as in particular the supervisory authority in the place of your habitual residence or your place of work. In the case of Liechtenstein, this is the Datenschutzstelle (Office for Data Protection), Städtle 38, P.O. Box 684, 9490 Vaduz, Liechtenstein (https://www.datenschutzstelle.li). We would, however, appreciate the opportunity to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance .

Your Choices Regarding Your Account Information

You may update, correct, or delete information about you at any time by logging into your online account. If you wish to delete or deactivate your account, please visit https://ethersmartglobal.zendesk.com, but note that we may retain certain information as required by law or for legitimate business purposes, as further highlighted above.

 CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time, particularly where we need to take into account and cater for any (i) business developments and/or (ii) legal or regulatory developments to the issuance or trading of virtual financial assets and virtual financial assets under applicable law. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

If you have any questions regarding this Notice, or if you would like to send us your comments, please contact us today or alternatively write to us using the details on our website.

ETM and Etmexchange Cryptocurrencies

Investment Terms and Services

Buy, sell and invest in crypto assets this is a strong market.

Currency assets is not insured by uae deposit insurance joint stock company (fdb), uae securities investor protection company (sdb) or any possible insurance. Currency activities is not a regulatory activity in multiple countries, including uae. The value of currency assets can be extremely huge and can be very small, including total value. Price and payment of currency assets may depend on support demand, transaction.

These terms and conditions ("Crypto Terms") are between you and Ethersmart, llc. and governs your use of the account section ethersmart, etmbet, etmplay, etmjackpot, shopetm, etmexchange (in the case "ETM Money Account") where you can buy, sell, invest, hold and learn about cryptocurrencies ("Your Crypto Market") and the services available in your Crypto Market.

You must be at least 18 years old, or the age of majority in your home country or territory of residence, to access the Crypto Markets in your Crypto Account and use money related services electronic . If you are a resident of China, you are not authorized to access the Crypto Market at this time.

By accessing and using the Cryptocurrency Marketplace, you agree to comply with all aspects of these Crypto Terms. Your Cryptocurrency Market is subject to an Individual Arbitration Agreement that governs your entire Crypto Account relationship. You also agree to abide by the following additional policies:

Ethersmart Account User Agreement

Privacy statement

Political permission

Terms and Conditions of ETM and Etmexchange

Please read carefully all of these Crypto Terms and each other agreement and policy applicable to you, including our Privacy Statement above, that apply to transactions and activity data. activity that we collect in connection with your Cryptocurrency Market. As Crypto Markets is part of your Crypto Account, ETM and Etmexchange Terms and Conditions apply to your Crypto Market, except as described in these Crypto Terms . If there is any conflict between the ETM and Etmexchange Terms and Conditions and these Cryptocurrency Terms, these Cryptocurrency Terms will govern and prevail.

We may from time to time amend these Cryptocurrency Terms and any of the agreements and policies listed above. The revised version will be in effect at the time we post it, unless otherwise noted. If our changes to these Cryptocurrency Terms reduce your rights or increase your liability, we will post a notice on the Policy Updates page of our website and notify at least 3 days in advance, or the longer period required by law. By continuing to use our services, including holding Crypto Assets (as defined below), following any change to these Cryptocurrency Terms, you agree to abide by and be bound by such changes. If you do not agree to any changes to these Crypto Terms, you must sell your Crypto Assets and stop accessing your Crypto Market. Please note that there may be tax consequences from any gain or loss you incur when selling your Crypto Assets.

You are solely responsible for market fluctuations that result in your assets fluctuate. this is financial markets, it can lead to very low prices in the long run. Make sure you understand this.

Set up your crypto market

If you set up and access the Crypto Market, you will be able to keep your Crypto Asset balance and buy and sell Crypto Assets, including in transactions where the proceeds from the sale Crypto assets will be used to pay for purchases through Ethersmart. You will not hold Crypto Assets in your Crypto Assets balance.

All Crypto Assets management and trading is done for us by our licensed service provider, Ethersmart Financial Investments, llc ("ETM") or a trading service provider and/or other appropriately licensed custody as we determine from time to time ("Service Provider"). If you are a UAE resident, the Service Provider will be licensed or authorized by the UAE Ministry of Financial Services to the extent necessary to carry out the activities described herein. You can only use the Crypto Hub if you have a personal account and the Cash Account is in good standing and you can only use the Crypto Hub as part of the Cash Account by accessing Access it through your personal account. If you are a resident of China, we will not allow you to set up the Crypto Market at this time.

We will automatically link Crypto Markets to your personal account. Your credentials for your personal account act as credentials for accessing Crypto Markets as part of your Crypto Account.

Before you can access your Crypto Market for the first time, we must verify or previously verify the required identification information you provide us. Required identification information is: Id, Mail, Full Name, Password, Referral Id. We may sometimes ask you to provide additional information to verify the requested identification, such as a copy of your government-issued photo ID or proof of residence .

You are responsible for maintaining the confidentiality and full control of any and all Ids, passwords, personal identifiers or any other code you use to access the Cryptocurrency Market. and transaction services. You agree to keep your physical address, mailing address, email address and other personal information current in your Ethersmart profile.

Close your crypto market

You must close your Money Account to close the Crypto Market. You can close your Cash and Crypto Markets Account without closing your personal account. Closing your personal or Crypto Account will automatically close your Crypto Market. You can see more information on what will happen if Ethersmart closes your Crypto Hub.

Please note that there may be tax consequences from any gain or loss you incur when selling your Crypto Assets in a country with full cryptocurrency legislation. Your crypto and personal accounts even after they have been closed. You will not be able to transfer Crypto Assets from your Crypto Market to another crypto wallet of unknown legality.

Available Features of Crypto Markets

As described in more detail below, here are a few things you can do with the Crypto Market:

Buy crypto assets;

Holding crypto assets;

Sell ​​crypto assets;

Crypto asset investment

Supported Crypto Assets

The term "Crypto Assets" means the specific digital assets that Ethersmart supports and which you can buy, sell and hold using your Crypto Market. You can find a list of Crypto Assets Supported by Ethersmart at any point in your Crypto Market.

Hold crypto assets in your Crypto Market

Any balance in your Crypto Market represents your ownership of the amount of each Crypto Asset displayed. Ethersmart combines your Crypto Assets balance with other Ethersmart account holders' Crypto Asset balances and holds those Crypto Assets in one account through its Custodian Service Provider. we. We keep a record of your interest in that account based on the amount of each Crypto Asset reflected in your balance.

You do not own any specific, identifiable Cryptocurrency Assets. These Crypto Assets are held in addition to Ethersmart corporate assets and Ethersmart will be able to use these assets for investment or other business purposes.

When you view your Cryptocurrency Market balance, we will show you the amount of each Crypto Asset you own, as well as the US dollar equivalent of the Crypto Assets that electronic. The price of Crypto Assets will rise and fall over time and the price can sometimes change rapidly and suddenly. So, even if the amount of each Crypto Asset you hold remains constant, the US dollar equivalent will change as the market price of each Crypto Asset fluctuates. The US Dollar values ​​we show are estimates based on market data from our Trading Providers. The value we display is the point between the most recent lowest selling price at which the applicable cryptocurrency was offered for sale and the most recent highest price at which the same cryptocurrency was purchased, as reported by the Cryptocurrency Exchange. Service Provider. This estimate does not represent the value you would receive if you actually sold your Crypto Assets or the price you would pay to purchase more Crypto Assets and does not include spreads or our fees.

balance held in your Crypto Account;

We currently do not allow the use of credit cards or other bank credit products (including, without limitation, those offered by banks) to purchase Crypto Assets. When you purchase Crypto Assets, you agree that you have sufficient funds available in your chosen funding source to complete your purchase.

The terms and conditions of ETM and Ethersmart apply to purchases made via Cryptocurrencies to the same extent as any other transaction on the Account. Transaction IDs for the sale of Crypto Assets and for your purchases denominated in US dollars via Crypto Account will be linked in your crypto account for easy tracking.

Please note that all purchases and sales of Crypto Assets for crypto conversion are denominated in US dollars. If you are making purchases in another currency, your funds will need to be converted to US dollars and as specified in the Ethersmart Account User Agreement and ETM Terms and Conditions and Ethersmart related currency conversion will apply. As disclosed in those agreements, Ethersmart earns income from the exchange rate it charges on these transactions and may charge additional transaction fees for the conversion of this cryptocurrency.

Keep in mind that the sale of Crypto Assets may result in tax consequences in a country with clear legislation. Be sure to consider any tax implications before using Crypto Assets as a source of funding for trading. Refunds for any transaction processed for Crypto will generally be denominated in US dollars and will in all cases be provided in USDT, not other cryptocurrencies. The cashback will be added to your Ethersmart Account balance.

Fees and Pricing Information

Ethersmart earns when you buy and sell Crypto Assets. Ethersmart will charge the difference (or margin) between the market price we receive from our Trading Provider and the Cryptocurrency rate between USD and Crypto Assets displayed to you, even you buy and sell ETM. Ethersmart charges a spread on Crypto Assets trading. The amount Ethersmart generates and the cryptocurrency rate offered may differ from what you would pay on other crypto platforms. You will also be charged for buying or selling Crypto Assets. You can find more information on prices and fees on the Etmexchange page.

At the time you deposit or withdraw Crypto Assets, we will disclose to you the applicable Cryptocurrency rate and the amount of fees you will have to pay for that transaction.

Cryptocurrency rates may include an estimated spread of one tenth (5%+0.50%), provided, however, that the actual spread may be higher or lower based on market conditions. We will not separately calculate or disclose the spread we earn on each trade. By using the Cryptocurrency Marketplace, you agree to pay all applicable cryptocurrency rates (including spreads) and fees.

If you use a linked bank account or debit card as a source of funds to purchase Crypto Assets, your bank may charge you your own fees, including overdraft or underfunding fees, if applicable . Ethersmart is not responsible for any fees your bank may charge you.

Reverse / Cancel

You cannot reverse, cancel or change any transaction once it has been authorized. If your transaction method is insufficient, you reverse the transaction or otherwise we do not receive the cryptocurrency for your transaction, you authorize us, in our sole discretion, to debit any other balance you hold in your Ethersmart account.

We also reserve the right not to process, cancel or, to the extent possible, cancel a transaction, if we believe it involves any Restricted Activity, we have kept or term Ethersmart Account, we have suspended your Crypto Market, we believe the transaction is related to money laundering, terrorist financing, fraud or any other type of crime or under subpoena court, court order, or other government order. In such cases, regardless of the reason we blocked, canceled or reversed your transaction, and for whatever reason we lifted or rescinded the restriction, we do not guarantee you will be able to re-start your transaction with the same price or same terms as the transaction that we did not process, or that was canceled or reversed.

Challenge reveal

While we will endeavor to complete purchases and sales of Crypto Assets that you authorize and comply with these Cryptocurrency Terms, we do not guarantee the ability to buy or sell Crypto Assets your death. Your ability to buy or sell Crypto Assets may be delayed or unavailable due to the availability of Crypto Assets or funds from your funding, problems with the trading network, or the ability to communicate with. our Service Providers, system downtime, limitations or suspensions we apply to your Cryptocurrency Market in our sole discretion, for reasons where safety, security or legal requirements are required, or for reasons other than the control of Ethersmart or any Service Provider, and we shall not be liable to you if we are unable or delay in the execution of your transaction.

Your access to the Cryptocurrency Markets or your ability to hold, buy or sell Crypto Assets, including purchase and sale prices, may also change or be limited by unusual circumstances other than under our control (e.g. fire, flood, accident, riot, War, act of terrorism, epidemic, pandemic, quarantine, civil chaos, breakdown of vehicles communications, web server failure, internet service provider failure, natural disaster, government action or omission, law or regulation change, national strike, fire, explosion, general shortage of raw materials or energy, or severe financial market conditions) that we did not reasonably anticipate, or which occurred despite our reasonable precautions ("Extraordinary circumstances").

Ethersmart will not be liable to you for limits, suspensions, delays or changes to your Cryptocurrency Market or your inability to trade in Crypto Assets because of the above Abnormalities, including including any change in the purchase or sale price of a Crypto Asset due to Unusual Circumstances.

Ethersmart can buy and sell cryptocurrencies through an affiliate of 21 exchanges listed in 2022. acting as a market maker to provide liquidity. The new value of ETM coins can be traced back to the continued willingness of market participants to exchange cryptocurrencies for other cryptocurrencies, which could potentially lead to a permanent and total loss of value. of a particular cryptocurrency if the market for that cryptocurrency disappears. There is no guarantee that someone who accepts crypto payments today will continue to do so in the future. Crypto assets at a given address are controlled by the private key of the address owner. If the private key is compromised or lost, the crypto assets in that address can be stolen or lost and cannot be recovered.

Crypto assets are not insured by UAE, UAE Securities Investor Protection or any other public or private insurer, including against cyber theft or theft by other methods. Cryptocurrency operations are not regulated in many states, including the UAE. The value of Crypto Assets can be extremely volatile and unpredictable, which can lead to significant losses in the short term. Buying and selling Crypto Assets is inherently risky and you should weigh your risks before deciding to buy or sell Crypto Assets.

Market Data & Educational Content

In your Crypto Market you will find educational content about crypto in general, the crypto market and specific Crypto Assets available to buy and sell through the Crypto Market death. The educational information available through your Crypto Market is provided as a general education platform. The information is not tailored to each Ethersmart user and, therefore, is not provided based on your individual financial, investment, tax, legal or educational needs and circumstances. The information is not investment, financial, tax, legal or transactional advice. Information may include content provided by third parties; We are not responsible for third-party educational materials.

In Crypto Markets you will also find information on the market price of Crypto Assets based on data shared with us by our Trading Service Providers. Market prices for Crypto Assets may vary across different markets. The market data we provide to you is from an external source we believe to be reliable. However, we do not control the external sources or the data they provide, and we do not always independently verify that the information provided is complete and accurate. Therefore, we cannot and do not warrant that the information is accurate, complete, timely or suitable for use, and it may be inaccurate, incomplete or out of date. You should verify all information you receive before relying on it and we have no liability to you if you make decisions based on market information you receive from or through us. .

Investment Responsibilities

Neither Ethersmart nor its Service Provider(s) provide investment advice to you. You are solely responsible for all decisions to buy, sell and invest in Crypto Assets through your Crypto Market and we do not manage the Crypto Market on your behalf.

It is our sole responsibility to execute profitable trades and hold Crypto Assets on your behalf through our Service Providers, in each case based on your instructions and these Electronic Money Terms.

While Ethersmart provides certain educational content, it is provided for general background information and is not specifically tailored to you and your individual needs and circumstances. You must determine if any particular buying, selling, and investing transaction or Cryptocurrency Asset is right for you, based on your investment goals, financial circumstances and risk tolerance. your own.

Crypto-asset software protocol and branching

The technology that generates cryptocurrency, including your Crypto Assets, is often governed by underlying software protocols that are open source, meaning anyone can use, copy, modify or distribute them. Ethersmart does not currently own or control the underlying software protocols, and these software protocols may change abruptly and unexpectedly in a way that has a significant effect on your Crypto Assets. Because we do not control this technology, Ethersmart is not responsible for the operation of the underlying software protocols and cannot guarantee the functionality, security or continued availability of any Crypto Assets. which death. Ethersmart, however, will only support those assets for which Ethersmart has performed the necessary due diligence.

Software protocols that manage Cryptocurrency Assets may experience sudden changes in operating rules beyond Ethersmart's control, known as "forks". A fork could materially change the operation, functionality, value, or even the name of a Crypto Asset. A fork can result in multiple instances of Crypto Assets, and each version can have a very different value and possibly lower than your Crypto Assets prior to the fork.

Ethersmart may or may not support a fork of Crypto Assets, whether or not the Segmented Crypto Asset holds any value. In the event of a fork, Ethersmart may temporarily suspend trading of the Crypto Asset to determine if it supports any particular fork. In the event of a fork, Ethersmart will evaluate the feasibility of supporting the fork and determine if and to what extent it can support and/or allocate any new assets from the fork. This review will take into account factors such as, but not limited to, technical issues surrounding fork support, Service Provider dependencies, and legal and regulatory considerations.

You agree that Ethersmart is not responsible or liable to you for any loss or damage, including lost profits, that may result from changes to the underlying software protocol of the Asset. As a cryptocurrency asset, Ethersmart is determined to support or not support any particular fork or modified software protocol and any disruption of transactions while Ethersmart makes such a decision. If Ethersmart determines that the fork or modified software protocol is not supported, you may never have access to the assets governed by that fork protocol or software.

Transaction limits and related adjustments

Profit from the market is always an unstable source of income, we have the right to adjust the interest rate based on the actual income generated by the business. Interest rates must be transparently disclosed in the global system.

We may from time to time, in our sole discretion, impose limits on the amount of Crypto Assets you may buy, sell, deposit, withdraw, invest (including transfers in crypto), may include limits on the dollar value or the number of trades that you may enter into during specific time periods. The standard trading limits are as follows:

Deposit limit: Btc, Eth, Etm, Bnb, Usdt(erc20), Usdt(trc20)

Withdrawal limit: Btc, Eth, Etm, Bnb, Usdt(erc20), Usdt(trc20)

Minimum withdrawal limit: $100/order

Income limit: $40,000/week

Minimum investment limit: $200/id

Maximum investment limit: $100,000/id

We may change the above limits for safety, security or other legal reasons. You can view your current limits by logging into your personal Ethersmart account.

 we reserve the right to adjust the ETM development target plan from time to time, this may be due to objective impacts and must have new changes to the development roadmap. The target may also arrive earlier or later.

Restricted activities

In addition to the other "Restricted Activities" defined in the Ethersmart Terms and Conditions, you may not engage in the following "Restricted Activities":

Violate these Cryptocurrency Terms;

Use what we reasonably believe to be fraudulent funds to purchase Crypto Assets;

Initiating any transaction that is not intended to be completed, or for the purpose of abusing, manipulating, deceiving or bankrupting other participants in the Cryptocurrency Assets market;

Engaging in any activity intended to defraud Ethersmart, other Ethersmart users or any other person; or

Attack the Ethersmart system, take over other user accounts, steal passwords and personal information, perform fraudulent transfers and withdrawals.

Control an account that is linked to another account that has engaged in any of these restricted activities.

We may take actions if you engage in any restricted activity

If we believe that you have engaged in any Restricted Activity, we may take certain actions to protect Ethersmart, its customers and others at any time in our sole discretion. ours. In addition to the remedies identified in your Ethersmart Terms and Conditions, actions we may take include, but are not limited to, restricting our access to or use of the Cryptocurrency Market. you and/or suspend your Cryptocurrency Market, immediately and without penalty to us, including restricting your ability to buy or sell Crypto Assets. You authorize Ethersmart to seize your Crypto Assets if we believe that the transaction relating to such Crypto Assets involves money laundering, terrorist financing, fraud or any other type of crime .

If we close your Crypto Market Money Account or terminate your use of the Ethersmart service for any reason, we will provide you with notice of our actions. You can find more information about what happens if we close your Crypto Market here. If you believe we have taken any action in error, please contact Ethersmart customer service. You can also write to: [email protected]

You are responsible for all refunds, chargebacks, claims, fees, fines, and other liabilities caused by or arising from Ethersmart, any Ethersmart customer or third party. your breach of these Crypto Terms and/or your use of Ethersmart services.

Tax

It is your responsibility to determine what taxes, if any, apply to transactions you conduct using your Cryptocurrency Market. Sales of Crypto Assets through trading with Stable Cryptocurrencies are subject to the same tax as all other sales of Crypto Assets. You may access your transaction history and account statement through your Etmexchange account for the purpose of identifying any required tax filings or payments. However, we will provide you with any Internal Revenue Service (IRS) request form 18056 regarding the sale of any Crypto Assets for your tax records and we will notify Report all necessary records on form 18056 to the IRS.

If you transact in a country that does not have a legal framework for tax administration, you are completely exempt from this payment. Until there are clear tax laws.

Liability for unauthorized transactions, errors and support

Unauthorized transaction

Ethersmart will protect you from unauthorized activity related to the purchase or sale of Crypto Assets in your Cryptocurrency Hub, including unauthorized sales used for Cryptocurrency Payments. When this protection is in place, Ethersmart will cover all unauthorized activity for you, as long as you cooperate with us, following the procedures described in the unauthorized trading process of the terms Your Cryptocurrency Account and subject to the additional requirements described below in relation to the Cryptocurrency Market.

If you claim that there has been an unauthorized purchase of Crypto Assets, you may not sell such unauthorized Crypto Assets before you report the unauthorized purchase to Ethersmart or while Ethersmart investigates the claim your. If you sell any Crypto Asset that you believe you did not purchase (including using such Crypto Asset for payment in crypto), Ethersmart will deny your request for those sold Crypto Assets. You will not be able to recover any funds used to purchase the sold Crypto Assets. We will continue to resolve your claim against any disputed Crypto Assets that you do not sell.

If Ethersmart determines that a Crypto Asset was purchased without your authorization and provides you with a refund of the amount used to purchase the Crypto Asset, or if you have disputed the transaction and received If you receive a refund from any other source, such as your bank or card issuer, you agree that Ethersmart will take back the Crypto Assets and will delete them from your account. You agree not to sell Crypto Assets before Ethersmart deletes Crypto Assets.

If you sold any Crypto Assets (including using such Crypto Assets for payment in crypto) you have received a refund (whether from Ethersmart or any other source other such as your bank or card issuer) before Ethersmart removes Crypto Assets from your Account, Ethersmart may recover more from you than any sales proceeds from your sale of the Accounts. that crypto asset and the refund amount that Ethersmart has provided to you.

If you believe that there has been an unauthorized purchase or sale of Crypto Assets in your Crypto Market, please contact Ethersmart customer service immediately [email protected]

Troubleshooting

Except in connection with the sale of Crypto Assets that you believe were purchased without authorization as described above, Ethersmart will apply the same error resolution procedures we apply to Your cash account, as provided in your ETM and Etmexchange Terms and Conditions.

If you claim an error that caused you to receive additional Crypto Assets that you did not purchase, you may not sell such Additional Crypto Assets before you report the error to Ethersmart or while Ethersmart investigates the claim your. If you sell any Crypto Assets that you believe you did not purchase, Ethersmart will deny your claim for those sold Crypto Assets. If you receive Crypto Assets by mistake and sell such Crypto Assets, we may recover the proceeds from you.

If you believe an error has occurred regarding your Crypto Market, contact us at [email protected] You must follow the procedures provided in the ETM Terms and Conditions. and Etmexchange for error messages. The ETM and Etmexchange Terms and Conditions explain the process we follow to investigate and resolve errors. To the extent Ethersmart determines that an error has occurred and that the error is attributable to Ethersmart or our Service Providers, we remain responsible for resolving the error.

Suspend and close the account

Ethersmart may, in its sole discretion and without liability to you, not permit you to establish or access the Crypto Market or suspend, close or terminate your Crypto Market or place a limit on the type or amount of activity you can participate in using your Crypto Market. This can happen if we are unable to verify your identity, you engage in Restricted Activities, by court order or other legal process, you are in breach of these Cryptocurrency Terms or other agreement between you and Ethersmart, we no longer provide a Crypto Hub in your country of residence or our service provider no longer supports a Crypto Hub, among other reasons other.

Your Cryptocurrency Market will also be suspended or terminated if we suspend or terminate your Cryptocurrency Account in accordance with the ETM and Etmexchange Terms and Conditions. If your Crypto Market is suspended, the Crypto Assets in your account may fluctuate in value and we are not responsible for any losses you may suffer as a result of that fluctuation.

If we close your Cryptocurrency Market and your account holds Crypto Assets, you authorize us, at our sole discretion and at any time, to liquidate Crypto Assets in your account. your account into US dollars at the price applicable to the sale of the Crypto Assets, or another reasonable price as determined by Ethersmart in its reasonable discretion. You understand that the value of Crypto Assets can increase or decrease rapidly and that we are under no obligation to sell at the time that offers you the best price. While Ethersmart will notify you that your account has been closed, no matter how quickly we sell your Crypto Assets, we are under no obligation to notify you prior to the sale.

If we liquidate your Crypto Assets, we will credit any unrestricted funds to your Cash Account. Please note that there may be tax consequences from any gain or loss you incur if we liquidate your Crypto Assets.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at [email protected]