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Privacy Policy

Privacy Policy

Version 1. January 4th 2023.

1. Introduction​

Aquiles Inversiones S.A. of C.V. («We», “Us”, «Tokn1») is committed to protect and respect your privacy. This Privacy Policy describes how We collect, use and protect the personal information that Tokn1 users provide to Us through our mobile application, website or any other means (the “Platform”) and We appreciate the trust you place in Us when you use our services. Tokn1 has the mission of promoting secure and reliable transactions in shares, and other tradable securities (the “Tokens”) of non-public companies (the “Transactions”). Doing so requires a commitment to the privacy of our community. This Privacy Policy will apply to all those who register on the Tokn1 Platform (the “Users”, “User” or “You” interchangeably).

This Privacy Policy applies to both information that is unique to Users and information that can be used to identify them (“Personal Information”). This Privacy Policy describes the policies and procedures of Tokn1 and its subsidiaries and affiliates with respect to the collection, use, processing, storage and transfer of Personal Information relating to individuals who (i) visit the Tokn1 website at www.tokn1.com, as well as the Tokn1 software and mobile application (collectively, the “Platform”), including the marketplace, trading sheet and other functionalities and services available on the Platform (collectively with the Platform, the “Services”), (ii) obtain any other products and services from Tokn1 or affiliates, or (iii) otherwise interact with Us, for example, through official communication channels. Please note that this Privacy Policy does not apply to our processing of information about job applicants, employees or contractors.

Please note that certain details of this Privacy Policy may depend on whether You deal with us through an intermediary, directly as a User, or whether Tokn1 provides Services to your employer, advisor or fund or trust administrator. Additionally, some of the Tokn1 Services may have a different or additional privacy policy that may be made available to you if you choose to use those Services. If You use the Services on behalf of an organization or a client (such as a fund or holding company that you may manage or advise, a trust or a joint account), this Privacy Policy is nevertheless personal to You as an individual, and does not apply to that organization, entity or customer or any information related to that organization or customer.

We will post any updates to this Privacy Policy on this page. It may be necessary for you to provide Us with further information, including Personal Information, in connection with the Platform and the provision of the Services. If you do not provide such Information, you may not be able to use the Platform and/or the Services. If at any time you do not agree with this Privacy Policy, please discontinue the use of the Platform and/or the Services.

2. Information collected by Tokn1​

At the time of registering as a User on the Platform, during the provision of the Services, as well as when browsing and/or using software related to Tokn1, Tokn1 collects or receives the following types of Information, which may include Personal Information:

  • Name and surname, gender, address, email and telephone number;
  • Age/date of birth, ID number, taxpayer identification number, driver’s license number, passport number;
  • Your bank account information, money transfer instructions;
  • Photograph of the front and back of your National Identity Document or Passport;
  • Photograph and video and audio of yourself, for identification on KYC process;
  • Employment, profession or occupation, income information;
  • Citizenship and country and place of residence;
  • Account and identity information regarding funds transfer accounts. Supporting documentation that justifies the operation above the established limits, if applicable;
  • Documentation or sworn statements on the origin of the funds;
  • Financial information regarding your investment objectives and means, including information about your assets and financial situation, capital compensation and previous investments, bank statements, etc.;
  • Use of the Service and Transaction history (including, but not limited to, offers, requests, negotiations, failed, abandoned, rejected and uncompleted transactions), as well as records of your communications with Tokn1. When you list, offer, solicit or otherwise indicate an interest in a Transaction, We provide information about its availability and offers.
  • Information requested or required by regulatory or government authorities or law enforcement agencies;
  • In connection with certain Transactions, We collect documents relating to your ownership of Tokens and different holdings within the Platform;
  • Documentation that certifies the information entered, such as: employment, purchase and/or sales agreements, options and acquired rights that you may have with third parties, etc. We also maintain records of Transactions and Transaction documents;
  • Behavioral and marketing information, such as your interests and public presence on social media.
  • Declaration of Politically Exposed Person (PEP) if applicable, with the presentation of supporting documentation if required by Tokn1;
  • Proof of Obligated Subject, if applicable, with supporting documentation.
  • General app activity: such as error logs form the device, app interactions, and other apps performance data and other user-generated content;
  • We also automatically collect information from your computer, browser, phone or other devices and software used to access the Services using cookies and other tracking technologies, and record this information in log files. This information includes, among other things, your device ID, ISP, operating system, browser (if using the web version) country, region and city of location, timezone, IP address, user ID, Advertising ID, IMEI, Android ID, MAC address, IBSS ID and access tokens for third party sites, information that you have authorized a third party to share and any information that you have made public about those Services. For more information about how We use cookies and other tracking technologies, please see the clause below.

 

We may collect Information by asking you to complete forms (including Personal Information), as well as by observing your account activity and use of the Services, recording your access and activity on the Platform, uploading documents, and through information from vendors who, among other things, they provide background check services to verify your identity, creditworthiness and your eligibility and suitability to participate in transactions and/or use the Services. Verification providers include, but are not limited to: credit reporting agencies, social media sites, our affiliated entities, fund management partners, advertising and marketing platforms, data brokers and other data sources, and compliance service providers.

If you register or use the Services through a third-party site or application such as Google, or link your Tokn1 account to those sites and applications, We may collect Personal Information from them. We may also collect Personal Information through direct communication with You and others by telephone, in person and through electronic or online messaging, both on the Platform and through external services.

3. Cookies and other technologies.​

When you access the Platform or Services, We and certain verification providers may place cookies, pixel tags, web beacons, page tags, or other data collection and transmission tools or files (collectively, «Cookies») on your device. These Cookies help Us provide you with the best experience, perform analytics, analyze traffic, recognize you as a user, personalize and personalize the Services, study and improve our offerings, collect information about your device and software to improve Site performance or prevent fraud. Information collected through Cookies may include your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows Us to identify your browser. or your account (including, for example, a persistent device identifier or ad ID) and other similar information. To learn more about Cookies on our Services, visit our Cookies Policy.

We also work with external partners to use cookies and analytical tools, which allow Us to recognize the User and contact them across multiple devices, this includes the site they came from and the site they are on. When you leave our Platform, the pages you visit, the links you click, if you open emails or click on links contained in emails, if you access the Services from multiple devices and other types of actions, We may collect this analytical data using third-party analysis tools.

4. Use of Information.​

We collect Information, including Personal Information from and about You, to:

  • Create a User account to use our Services and navigate the Platform, maintain your User profiles and otherwise enable and facilitate your use of the Tokn1 Services or as necessary for your use and interaction with the Platform and the provision of the Services. Services;
  • App functionality: analyze and improve our Services and Platform;
  • Respond and fulfill your requests, provide you with information, or otherwise respond to your inquiries;
  • Present you with the information necessary to bid, accept, close and participate in Transactions, as well as to buy and/or sell Tokens.
  • Assure us and the parties to the Transactions that their data is correct, that Token issuances are valid, as well as demonstrate ownership, vesting status, transferability and other attributes of the Tokens issued by private companies;
  • Verify the identity of the User, their qualifications to use the Platform and its Services, if applicable.
  • Verify and establish your eligibility and suitability to be a member of the Tokn1 community.
  • If you are using the Services on behalf of an entity, organization or client, to verify your affiliation and that you are authorized to act on its behalf and/or representation;
  • Set up and maintain accounts to send and receive funds and to deposit, hold and/or transfer Tokens and/or funds in other currencies and account management;
  • Comply with laws, regulations and supervision applicable to the industry and related to the Service and the Platform, among other things, such as: banking, financial information, securities transactions, money laundering, terrorism and regulations referred to as «know your customer» or “KYC”, among others, by applicable government and regulatory bodies;
  • Personalize the User experience, as well as content relevant to your interests, including, but not limited to, advertising and marketing on the Services, through email, social media channels, third-party sites or on other devices you may use;
  • To inform you about products, programs, Services and other aspects of the Platform that We believe may be of interest to the User, including, but not limited to, sending our newsletters;
  • Provide the User with information about the Services and request further participation in them (which may include research and development purposes and direct marketing activities and/or the transfer of your Personal Information to third parties for their direct marketing purposes);
  • Study, evaluate and improve the Services and the User’s overall experience when using the Services;
  • Maintain the security and integrity of our Service and the Platform;
  • Detect, prevent and address technical problems related to the Services and the Platform;
  • Offer User attention, technical support, communications, maintenance and product development;
  • To respond to requests from authorities, court or government orders for information and/or enforce our corporate reporting obligations and our Terms of Use, or to comply with applicable laws;
  • Protect the User against fraud, misuse of the Platform and/or Services, privacy and security violations and other violations of applicable regulations;
  • To resolve disputes between Users or with the Platform, charge commissions and/or expenses or fees that may apply to the Services and/or use of the Platform;
  • To manage our company;

5. Subsequent transfer of personal information.​

Like any company, We may share Personal Information We have collected for the purposes described above with our affiliates and third parties (whether located within or outside your jurisdiction):

  • The other party or parties to a potential or actual Transaction through the Services and other Users with whom You interact.
  • Intermediate entities, such as funds and “special purpose vehicles” that manage pools of securities on behalf of Tokn1 on their own behalf, as well as the fund organizers, administrators and advisors of these entities or other parties for the purpose of completing, servicing and enforce the terms of a Transaction.
  • If You become a Token holder or otherwise enter into a transaction with a company, that company will have personal information about You and, subject to its own privacy policy, may be required to disclose that information to its own investors, board of directors, and officers and shareholders.
  • In the event of a reorganization, restructuring, sale of a business unit, sale of assets, merger with another company, public or private offering of our shares, creation of a subsidiary or parent holding company, creation of a trust or other affiliated entity or other corporate transaction affecting Tokn1, or our entry into negotiations to do the same, We may share your information (which may include Personal Information) with other parties to those transactions and such parties’ advisors and representatives where necessary on a secure basis. of confidentiality. Personal Information may also be disclosed in the event of insolvency, bankruptcy or receivership.
  • We may create, acquire or otherwise associate with a subsidiary or affiliated business entities, trusts or other business entities for the purpose of offering the Services, issuing, brokering, managing and holding Tokens or other instruments related to Transactions, who may use Personal Information in accordance with the terms of this Privacy Policy.
  • If We are under a subpoena, court order, investigation, audit, reporting requirement or other legal or regulatory obligation, We may be required to disclose Personal Information as a matter of legal or regulatory process to any regulator, government, tax, local or foreign. law enforcement authorities or other agencies or authorities in order to comply with any law, rule, regulation or guideline.
  • Any affiliate, advisor, contractor, agent or third-party service provider (including, but not limited to, broker-dealers, financial institutions and affiliated payment providers) that provides Us with services related to administration, telecommunications, payments, clearing, auditing, accounting, risk . management, credit, legal, compliance, operations, sales and brokerage, marketing, relationship management, token management, information technology, data records and storage, performance measurement and compilation and analysis in connection with our provision of the Site and the Services and our operations.
  • Our service providers who provide us with security, fraud prevention, advertising and marketing technology, information technology, site analytics, site maintenance, software development, electronic signatures, identity verification and other Site and Service features , provided that all such parties are kept confidential. duties to protect and not share any personal information we provide to them.
  • Our affiliated stockbrokers to enroll you as their client. Please note that these brokerages may have their own privacy policies and customer agreements, which they will disclose to you at the time of your registration and participation.
  • Our affiliated escrow organizations to enroll you as their client. These organizations may have their own privacy policies and customer agreements, which they will disclose to you at the time of your registration and participation.
  • In addition, subject to the terms of the Transactions and other agreements it may enter into, Tokn1 may establish or contract with third parties to service, pool and otherwise manage the securities that are the subject of the Transactions.
  • To any other third party or to the public under your direction or instruction, or with your approval.
  • Any other person who owes a duty of confidentiality to Tokn1 or its affiliated entities who has agreed to keep such Personal Information confidential.

6. Record Retention. Information Security.

It is important that you keep in mind that, when registering your account, We will retain the information provided in our Database for the entire duration of your use of our Services. In the event that you proceed to delete your account as well as in the event that it is canceled due to non-compliance with your obligations, We will proceed to retain some of your information as long as necessary for the legal purpose for which they were obtained, provided that We have a legitimate interest in keeping them, for example, until the termination of our contract and/or until the prescription of legal action is possible to be able to defend ourselves against lawsuits, and after that period to eliminate it completely. Tokn1 will do its best to keep such information in anonymized or pseudonymized form to avoid easy identification of the User.

It is noted that, due to legal obligations, We may be prevented from deleting your information, in which case it will be maintained for the period established by the applicable legislation if this is longer. After this period, they will be removed. However, you should be aware that:

1) there may be latency issues in removing this information from our servers; and

2) We may retain this information for the purposes of complying with our legal obligations, resolving disputes, or enforcing our agreements.

We are also required by law to retain your personal data for a period of time to prevent and detect fraud, detect and evidence money laundering and for financial audits.

Personal Information will be kept strictly confidential and confidential. We have a team dedicated to protecting your information and performing vulnerability testing. We exercise constant control to, among other things, improve computer security measures and detect alerts related to system violations. For these purposes, both automated technologies and manual controls are implemented to protect their security, with sufficient security, technical and administrative measures, aimed at maintaining the level of protection and protection required by the applicable regulations and thus be able to guarantee their clients the due reliability and security in its handling. Notwithstanding this, as security measures on the Internet are not impregnable, and their security cannot be fully guaranteed, Tokn1 cannot guarantee that the information transmitted through the Platform is completely secure, with which the User assumes that risk, which you declare to know and accept by accepting this Policy. Tokn1 is not responsible for illegal interceptions or violation of its systems or databases, nor for their use by unauthorized persons nor for the improper use of information obtained by these means.

7. Age restrictions.​

The Platform and Services are directed and intended only for adults in accordance with the age of majority and other laws of their jurisdiction. We do not knowingly collect any information from anyone under the age of 18 or allow them to use the Platform or Services. If you become aware that We may have inadvertently collected such information, please contact Us immediately for a resolution.

8. International transfer of personal data.

Tokn1 may transfer the Personal Information of Users that is collected to countries other than those in which the information was originally collected. These countries may not have the same data protection laws as the country in which the User initially provided the information. When such personal data is transferred to other countries, Tokn1 takes measures designed to ensure that the transfer is in accordance with applicable law.

9. Other sites and services.

Tokn1 may refer to third party sites, through links from its Platform or Services, communications from Tokn1 or otherwise. These include, but are not limited to, banks, payment processors, electronic signature services, brokerages, educational and informational sites, and transfer agents. Forge is not responsible for the privacy policies and practices, performance or terms of use and other agreements offered by these third parties, and does not endorse, provide or provide any warranty regarding any content or services they offer to you. Please remember that when you visit another website or other service, that service may have its own privacy policy that applies instead of or in addition to ours.

10. Users Rights.

Users may exercise their rights by contacting Tokn1 quickly and easily by sending an email to support@tokn1.com, attaching a digitized copy of yout national identity document and/or ID that allows Us to corroborate your identity. AN example could be your registered ID or Passport.

Users have the following rights:

a) Right of access: right to request and obtain information about what personal data is processed and stored by Tokn1. Likewise, the User may, through the Platform, access the data provided for the registration of their account. You can do this by entering your profile tab, where all the information related to your account will be available.

b) Right to rectification: right to request Tokn1 to update or rectify personal data when it is inaccurate or outdated. Likewise, the User may modify certain personal data by entering the tab used to access their data and modify that information that grants the possibility of «editing».

c) Right to deletion: the User who wishes to close their account will also have the right to have the data provided deleted and exercise the “right to be forgotten”. It is noted that, in certain cases, and without prejudice to this requirement of the User, Tokn1 must maintain the information in its database due to legal requirements, but Tokn1 will make its best efforts to maintain such information in anonymized or pseudonymized form to avoid its easy User identification.

d) Right to object: in certain circumstances and for reasons related to the particular situation of a User, they may object to the processing of their personal data. Tokn1 will stop processing your personal data, except for compelling legitimate reasons, or the exercise or defense of possible claims.

e) Right to limit processing: the User may oppose the processing of their personal data or request that they not be used for certain purposes, in which case we will only keep them for the exercise or defense of claims.

f) Right to portability: provided that the necessary requirements are met, Users may request their personal data in a commonly used electronic format and to have it transmitted to another third party of their choice.

g) Right not to be subject to an automated decision: the User also has the right not to be subject to a decision based solely on automated treatments.

Likewise, the User will have the right to revoke his consent. In this sense, the User can withdraw it at any time.

When you have not obtained satisfaction in the exercise of your rights, you may file a claim with the Data Protection Control Authority competent in your country of residence.

In the particular case of requesting a change of email, the User, for security reasons, must request it from the email with which their account is registered in Tokn1, to the support@tokn1.com box. In it you must indicate the email for which you want to change the currently registered one (which must not have been previously registered in Tokn1) and attach a selfie-type photograph in which you are holding your ID and a note with a signature and clarification that says “User requested to change Tokn1’s email.”

If you do not have access to the registered email, the User must write to Us at support@tokn1.com from a new email that has not been previously registered in our database, attaching photographs of your registered ID front and back, selfie holding it along with a note that says “I request to change the Tokn1 email” and proof of your ID.

11. How Tokn1 protects your personal information.

Tokn1 has developed security controls designed to maintain the confidentiality, accuracy and security of the Tokn1 community’s Personal Information, to honor the integrity of our customers, respect the trust the Tokn1 community places in us, and for compliance purposes.

We protect Personal Information through the use of software, physical security measures and internal procedures, in accordance with applicable laws and regulations. This includes the use of secure servers, encryption and locked facilities, as appropriate. We maintain access policies designed to limit access to Personal Information to those with a need to know as part of the Services, and education and training for employees on the importance of confidentiality. We have a policy designed to require companies that work with Us to also protect Personal Information.

We ask that you help Us by taking reasonable precautions to protect your own files, using strong passwords, and generally taking due care with any sensitive information about you or others.

No security system is completely secure or risk-free. If you become aware that any personal information We hold appears to be inaccurate and you are unable to correct it yourself from your user account, you may contact Us as described below. You may also contact Us at any time if you have questions about your Personal Information, the Services, or any other matter.

12. Request from a Jurisdictional Body or Competent Authority.

If requested by a judicial authority or competent body, We will be obliged to provide the data We process so that the judicial or criminal investigations for which it is requested can be carried out. That is why when deleting your account as established by our Terms and Conditions, We will not proceed to delete all of them and We will retain part of your data for compliance with applicable legislation.

13. Contact.

To contact you regarding any matter related to this Privacy Policy, including, but not limited to, any complaint or request for access and correction of your Personal Information, you may contact Tokn1, attention to the Legal Department, at Edificio Avante, level 7, Number 7- 04, Santa Elena, Antiguo Cuscatlan, La Libertad, San Salvador, Republic of El Salvador, or support@tokn1.com

All Tokn1 Users should use the contact addresses above for any questions, issues or requests related to your personal information and this Privacy Policy. If you believe that we have not responded adequately to any request or resolved any complaint, you may have the right to contact your local government or regulatory body to make a complaint.

14. Changes to this Privacy Policy.

This Privacy Policy may be modified periodically at any time. For the purposes of such modifications, our posting of a new version of the Privacy Policy, with an updated version date, will be deemed to be adequate notice to you of the modification. Any new version will be effective from the moment it is posted on the Platform or otherwise notified to you through official communication channels. Therefore, you should review this Privacy Policy periodically. We may require you to affirmatively accept any new version of this Privacy Policy as a condition of your continued use of the Platform or Services, as required by applicable laws or regulations.

15. Transfer of personal information between jurisdictions.

Our collection, retention, processing or use of your Personal Information in accordance with this Privacy Policy may (whether in whole or in part): (i) take place outside the jurisdiction in which you reside, or (ii) be controlled by a party whose principal place of business is located outside your current jurisdiction, where there may be no data protection laws in effect that are substantially similar to or serve the same purposes as the data protection laws in your jurisdiction current.