Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION AND AFFECTS YOUR LEGAL RIGHTS.

INTRODUCTION:

Thank you for visiting https://zoth.io/ (hereinafter referred to as “platform”, “protocol” or "Website").

Zoth is a DeFi lending protocol bringing emerging market real-world assets to serve small & medium businesses, not served by the regular banking system. Zoth bridges the gap between DeFi liquidity and RWAs from small & medium businesses and emerging markets. The liquidity module provides a framework to create liquidity for on-chain real-world assets. Zoth is a protocol that facilitates the lending and borrowing of ERC-20 tokens by connecting borrowers and lenders. The protocol acts as a marketplace for loan pools, enabling lenders to earn yield by participating in these pools. The protocol provides the platform but does not participate directly in any deals. Investors must perform their due diligence before depositing funds in any available borrower pools. Zoth’s objective is to accept stablecoin utilizing DeFi liquidity [staking, yielding, crypto lending applications] and subsequently convert it into fiat currency.

Your Data privacy is essential to us & we have respect for the same. We are committed to protecting your personal information. This Privacy Policy outlines how we collect, use, disclose, and safeguard your data when you interact with our DeFi liquidity services.

This Privacy Policy (the “Policy”) describes the types of information Metaco Intelligence Corporation and its affiliates (the “Metaco”, “Company”, “us”, “we”, or “our”) may collect from you or that you may provide when you visit the protocol and the products, features, materials, and services we offer (collectively with the protocol, the “Services”). This Privacy Policy is meant to help you understand what your personal information (the "Personal Information") we collect and process and how we collect, process, use, store, share and protect the Personal Information.

This Policy applies to information we collect on the Website, through your use of the Services generally (including when registering for an account), and through communications between you and the Website (including email, text, and other electronic messages). We have designed this Privacy Policy (“Privacy Policy”) to assist you in making informed decisions while using our Services.

Please read the terms of the Policy carefully before using or registering on the platform or accessing any material, information or Services through the Website. Accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions under this Policy and consent to our collection, storage, retention, use, usage and disclosure of your Personal Information and Non-Personal Information as described in this Policy. The terms of this Policy should be considered part of the Terms of Use of the platform as provided separately in the website. If you disagree with these terms, you agree that your sole and exclusive remedy is discontinuing using the website. Your compliance with these terms is a condition of your right to access the website. Your breach of any provision of these terms will automatically, without the requirement of notice or other action, revoke and terminate your right to access the website.

This Privacy Policy explains how Zoth collects Personal and Non-Personal Information, which may either be mandatory or voluntary, and stores uses, discloses and protects such information.

BY CLICKING "TO ACCEPT" OR ACCESSING OR USING, OR BOTH, OUR INFRASTRUCTURE YOU AGREE TO BE BOUND BY, AND ACCEPT THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHALL NOT ACCESS AND USE THE INFRASTRUCTURE.

By using the website and/or registering yourself on the website, you authorize Zoth & its employees, consultants, and associates to contact you via email, phone call, SMS or WhatsApp and offer you our services, investment opportunities, imparting product knowledge and offer promotional offers running on the protocol for which reasons your information may be collected in the manner as detailed under this Policy. You hereby agree that you authorize Zoth & its employees, consultants, associates, contact you for the above-mentioned purposes even if you have registered yourself under DND or DNC or NCPR service(s). Your authorization, in this regard, shall be valid as long as your account is not deactivated either by you or us.

DEFINITIONS:

‘Non-Personal Information’ information shall mean and refer any information/data pertaining to You, which cannot be used to personally identify You such as anonymous usage data, general demographic information We may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data You submit and number of clicks.

‘Non-Fungible Token (NFT)’ Holder is the individual or entity that holds the NFT and gets rights to proceeds as promised on the NFT on the RWA Marketplace from the Underlying Asset held by the Asset Originator, with the same Asset Number linking the NFT to the real world asset.

Real-World Assets (RWAs) refer to tangible or intangible assets, such as real estate, trade bills, commodities, art, intellectual property, or any other assets deemed suitable for trading on the RWA Marketplace. https://zoth.io/ is the online platform operated by the Platform Operator, enabling the trading of real-world assets using decentralized finance (DeFi) infrastructure.

‘Personal Information’ shall mean the information/data that can be used to uniquely identify or contact a single person. Personal Information for the purposes of this Policy shall include, but not limited to, information regarding Your name, address, telephone/mobile number, date of birth/date of incorporation (as may be applicable), gender (applicable to individual user only), e-mail address, bank details, wallet address, identification number or documents, etc. disclosed by You to access of Services. Personal Information is typically data that identifies an individual or relates to an identifiable individual (the definition of Personal Information depends on the applicable law based on your physical location; only the definition that applies to your physical location will apply to you under this Privacy Policy). This includes: (i) information you provide to us, and (ii) information which is collected about you automatically. We also collect information you provide when you register or create an account, or complete a questionnaire. This also includes records of your email, text, support, telegram, or discord messages together with your addresses and usernames and contact details on these platforms.

‘Platform Operator’ a company incorporated in the Republic of Panama at the Panama Public Registry Office, having its corporate office at “Advanced Tower, 1st Floor, Panama City, Panama

‘Sensitive data’ The Data Protection Law defines Sensitive Data as the one that refers to the intimate sphere of its owner or whose improper use could give rise to discrimination or entail a serious risk for the individual, such as information about the racial or ethnic origin, beliefs or religious, philosophical and moral convictions; union membership; political opinions; data related to health, life, sexual preference or orientation, genetic data or biometric data, among others, subject to regulation and aimed at identifying a natural person univocally.

‘Service(s)” refers to Zoth’s services accessed via the website, where users can view and participate in various alternate investment opportunities.

‘Third Party’ refers to any person or entity other than You or Us.

INFORMATION WE COLLECT

Our primary purpose in collecting Personal Information is to provide you with a secure, smooth, efficient and customized experience. We generally use Personal Information to create, develop, operate, deliver, and improve our Infrastructure, content and advertising; and for loss prevention and anti-fraud purposes. We may use the Personal Information in the following ways and for the following purposes:

to facilitate Your use of the Website; to respond to Your inquiries or fulfill Your requests for information about the various Services; to provide You with various news and related contents on the Website; to personalize Your experience on the Website and Zoth's other websites by presenting advertising, products and offers tailored to You; to help You address Your problems with the Website; if You post any comments or feeds on the Website, to process and upload the same; for proper administering of the Website; to conduct internal reviews and data analysis for the Website; to improve the Services, content and advertising on the Website; to protect the integrity of the Website; and to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law. In an effort to make our Website effective, certain information may be collected each time You visit the Website, and such information may be stored in server logs. These statistics do not identify You personally but provide Us the information regarding Your visit to the Website and the type of user who is accessing Our Website, and certain browsing activities by You. Zoth uses them solely to analyze trends, administer the site, track a user’s movement, and gather broad demographic information for aggregate use. The duration of Your stay on the Website is also stored in the session, along with the date and time of Your access.

REGISTRATION:

If you register with us as to purchase NFT or as a lender/ investor, you are required to provide us with your name and email address and to designate a password. To participate in token sales as an Investor, depending on your country of permanent residence, we also require specific information to confirm your status as an accredited investor. For example, if you are hoping to participate in a token sale in an individual capacity and not on behalf of a corporation or trust, full name, passport, national id, tax id, social security number, copy of photo ID, phone number, address, date of birth, and proof of required assets (such as an asset appraisal) or income (such as tax filings or pay stubs). If you are a corporation, we would need a certificate of incorporation, copy of the legal signer's passport, and shareholder list.

Further, such information may only be collected for specific purposes as mentioned in the policy, subject to the consent of the person in question or by order of a competent authority based on the provisions of the law. The disclosure of personal information without consent is also prohibited by the Panamanian Criminal Code. Criminal penalties apply to the disclosure of personal information where the disclosure causes harm to the affected individual.

FINANCIAL INFORMATION:

You may invest in our token sale using cryptocurrency, including stable coins. To facilitate these transactions, we will collect and retain the necessary financial information, such as your wallet address, bank's routing number and your account number, according to the applicable laws.

COMMUNICATIONS:

We shall receive additional information about the user when contacted directly. For example, when you email our Customer Support Team, we will receive your email address, the contents of a message or attachments that you may send to us, and other information you choose to provide.

ACCESS AND PROCESSING:

Metaco & its affiliates, including its employees, consultant, and officers, will have the right of access to user’s personal information contained in data banks or public or private registries and to request their correction and protection, as well as their deletion in accordance with the provisions of the law. The information may only be collected for specific purposes, subject to the consent of the person in question, or by order of a competent authority.

The data subject will consent to the processing of his data and be duly informed of the proposed use of his personal data. Prior to obtaining consent, we will provide the data subject with certain basic information, such as for example: Our identity and contact information, the proposed use of the data, the data subject's right to revoke consent, recipients of the personal data where the data will be transferred abroad, how long the data will be kept. The consent will be obtained in such a way that allows its traceability with documentation, whether electronic or by any other means that are suitable to the medium of the particular case and can be revoked, without retroactive effect. If the consent of the data subject is given in the context of a sworn statement that also refers to other matters, the consent request will be presented in such a way that it is clearly distinguished from the others, in a comprehensible and easily accessible manner, using a clear and simple language, which will not be binding in any part of the declaration that constitutes an infraction of the Law and its regulation.

SHARING AND TRANSFER OF INFORMATION:

Metaco does not disclose Personal Information to Third-Parties in the ordinary course of operations. However, You understand and accept that when Metaco is legally obligated to disclose information to the government, under applicable law or regulations, or other Third- Parties, Zoth will do so.

You acknowledge that your relevant information may be shared with third-party service providers for KYC purposes. Metaco will share your information within our cooperation with our service providers and suppliers, including network infrastructure providers, cloud providers, customer support service providers, marketing services providers, security services providers, data analysis service providers, software developers, as well as with our professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services in order to complete third party financial, technical, compliance and legal audits of our operations or otherwise comply with our legal obligations. The mentioned service providers and advisors are bound by contractual obligations with us to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. We take care to allow your Personal Information to be shared only with third parties who have a legitimate purpose for accessing it. Metaco assures You that it DOES NOT trade or sell Your Personal Information in any manner except as specified herein or if express consent is sought from You. Metaco can share data with its subsidiaries and Affiliates for business purposes and as a normal part of conducting business and offering Infrastructure to you. Zoth can share your information with companies providing services in the areas of fraud and crime prevention and with companies providing similar services, including financial institutions such as credit reference agencies and regulatory bodies, courts, law enforcement authorities, regulators or attorneys or other parties for the establishment, exercise or defense of a legal or equitable claim or for the purposes of a confidential alternative dispute resolution process. Zoth can share your information when we become involved in a sale or transfer of the Company. If we become involved with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets (whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding), to business entities or people involved in the negotiation or transfer. Zoth reserves the right at all times to disclose any information, including any Personal Information that Zoth deems necessary to comply with any applicable law, regulation, legal process or governmental request. Zoth also may disclose Your information when Zoth determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection. Zoth shall use all reasonable efforts to ensure that such disclosure would comply with the applicable laws in force in Panama or any other jurisdiction. Zoth would use reasonable measures to inform You about such disclosure. You acknowledge and agree that Zoth may preserve any communication by You with Zoth through the Website, and may also disclose such data if required to do so by law or if Zoth determines that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Policy; respond to claims that any such data violates the rights of others; or protect the rights, property or personal safety of Zoth, its employees, users of, or visitors to, the Website, and the public. Zoth would use reasonable measures to inform You about such disclosure.

The Data Protection Law allows us to process of personal data without the data subject's consent if at least one of the following conditions is met:

If necessary, within an established contractual relationship If needed to fulfill a legal obligation If authorized by a sectorial law or regulation If necessary to protect the vital interests of the data subject or another individual If required by a public entity within the exercise of the functions of the Public Administration in the field of their competences If necessary for the satisfaction of legitimate interests pursued by us or by a third party, provided that such interests do not prevail over the interests or fundamental rights and freedoms of the interested party that require the protection of personal data, in particular when the interested party is a minor or a person with a disability. If the personal data is derived or collected from public domain sources or accessible in public media If the personal data is contained in lists related to a category of people that is limited to general backgrounds, such as the participation of a natural person to an organization, their profession or activity, their educational titles, address or date of birth If private organizations' processing of personal data is for the exclusive use of their associates and the entities to which they are affiliated, for statistical purposes, for pricing or others of general benefit to them If the processing of information is authorized by law for historical, statistical or scientific purposes

STORAGE & RETENTION:

Our Infrastructure is built with strong security features that continuously protect your Personal Information.

Metaco only retains the Personal Information for no longer than is necessary for the purposes for which the relevant Personal Information is processed, including for the purposes of satisfying any Zoth's legal, regulatory, tax, accounting or reporting requirements.

Metaco may retain your Personal Information for an additional period of twelve months post deletion or deactivation of the user account in case of a complaint or if it reasonably believes there is a prospect of litigation regarding relationships between you and Metaco. To determine the appropriate retention period for the Personal Information, Metaco considers the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of the Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means.

In all cases where we keep Personal Information, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

SECURITY:

We will establish protocols, safe management and transfer processes and procedures to protect the rights of data subjects. The minimum requirements are contained in the privacy policies, protocols and procedures for data processing and transfer are maintained by us, and are issued by the regulator of each sector in accordance with law.

In the event that the treatment or transfer of personal data is carried out through the Internet or any other electronic, digital or physical means, the we as data controller or the data processor, whomever applies, will comply with the standard certifications, protocols, technical and management measures appropriate to preserve the security in their systems or networks, in order to guarantee the levels of protection of personal data as established by the Data Protection Law.

BREACH NOTIFICATION:

Any security breach brought to the notice of Zoth shall be notified to the regulator and data subject/user within 72 hours of such breach. A security breach, defined as any damage, loss, alteration, destruction, access, and in general, any illegal or unauthorized use of personal data, even where such occurs accidentally, that represents a risk for the data’s protection. Data processors also have the responsibility to notify us of any security breach immediately.

We will document any security breach and include, at a minimum the following information: date of occurrence, the reasons of the breach, the facts related to the situation and its effects, the definitive corrective measures immediately implemented.

The regulator will verify the seriousness of the incident and if required to safeguard the rights of the data subjects, order that we have adopted measures, such as the wide dissemination of the incident in the media and/or measures to reverse or mitigate the effects of the incident.

Operators that manage public networks or that provide communication services available to the public shall guarantee in the exercise of their activity the protection of personal data in accordance with the Data Protection Law. We adopt the appropriate technical and management measures to preserve the security in the operation of the network or in the provision of their services, in order to guarantee the levels of protection for the personal data that are required by the Data Protection Law, as well as certifications, protocols, standards and other measures established by the respective authorities.

In case there is a particular affectation or violation of the security of the network communication system, the operator that manages such network or provides the communication service will inform the data subjects about said affectation and about the measures to adopt.

ELECTRONIC MARKETING:

The electronic documents and electronic signatures, as well as the rendering of data storage services and the certification of the electronic signatures, adopt other dispositions for the development of e-commerce.

With respect to email advertising, we in light of Panamanian law require that all such emails: State that they are commercial communications. Include the name of the sender. Set forth the mechanism through which the recipient may choose not to receive further communications from the particular sender. These requirements apply to other promotional offers as well.

COOKIE POLICY:

Cookies are saved on the user’s computer when using our website. Cookies are small text files saved on the user’s computer and through which the party setting the cookie receives certain information. Cookies cannot run programs or transmit viruses to the user’s computer, laptop, or mobile phone. To make our Website work properly, we place small data files called "cookies" on your device. Most big websites do this too. Cookies and similar technologies enable you to be remembered when using that computer or device to interact with the Website and can be used to manage a range of features and content as well as store searches and present personalized content.

By using the Website and agreeing to this Policy, you consent to our use of cookies in accordance with this policy. Four types of cookies that are used on our website: (i) strictly necessary cookies, (ii) analytical and performance cookies, (iii) functionality cookies, (iv) targeting and advertising cookies.

We use these cookies and other technologies on the basis that they are necessary for the performance of a contract with you or because using them is in our legitimate interests (where we have considered that these are not overridden by your data protection interests or fundamental rights and freedoms), and, in some cases, where required by law, where you have consented to their use.

We also use Google Analytics and Google Tag Manager to understand how visitors engage with our site. Analytics cookies collect information such as your IP address, device type and operating system, referring URLs, location and pages visited.

SEVERABILITY:

Metaco endeavors and has made every effort to ensure that this Policy adheres with the applicable laws. If, for any reason, a court of competent jurisdiction finds any provision this Policy, or portion thereof, to be unenforceable, the invalidity or unenforceability of such part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy.

MODIFICATION OF POLICY:

Metaco may make changes to this Privacy Policy from time to time. The changes will be effective immediately upon their publication on the Website. Please, review this Privacy Policy regularly. You can determine when this Privacy Policy was last revised by referring to the "LAST UPDATED" legend at the top of the then-current version of this Privacy Policy on the Website. If changes are significant, we will provide more prominent notice (including, in some instances, email notification of the Privacy Policy changes).

Metaco reserves the right, at its sole discretion or on account of changes in law, to modify or replace this Policy in accordance with the applicable laws, from time to time, by posting the modified version of the Policy on the Website. Metaco shall not communicate personally to You about such modifications, and it shall be your responsibility to check this Policy periodically to be aware of the modification therein (if any). Your continued use of the Service/Website after posting any changes to this Policy constitutes your acceptance of those changes.

INTEGRATION:

This Policy as posted on the Website is the sole statement of Our Privacy Policy with respect to Website, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy on the Website.

GOVERNING LAW:

For any questions about this Privacy Policy or if you want to make privacy rights requests relating to your Personal Information, you may always contact us using the contact information above.

If you believe that we have infringed your rights, we encourage you to first submit a request by sending an email to: dpo@zoth.io (subject line: "Privacy Policy Infringed Request") so that we can try to resolve the issue or dispute informally.

You have the right to make a complaint at any time to the supervisory authority for data protection issues in the applicable jurisdiction. We would appreciate the chance to deal with your concerns before you approach the relevant supervisory authority so, please contact us in the first instance.

Metaco operates this website from its offices in Panama. Use of this Website or any information or materials made available by us through this website is governed by the laws of Panama, without reference to conflict of law provisions. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Panama. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of Panama, without giving effect to any conflict of law principles.

By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against us under the laws of any jurisdiction outside of Panama are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in Panama according to the terms of this Section.

At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration. The seat of the arbitration shall be Panama. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the foregoing terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent hereof, and the remainder of the terms and conditions shall continue in full force and effect.

CONTACT US:

For any query or assistance, feel free to Contact Us with our customer service team at contactus@zoth.io In accordance with the PDPA, you may make data access or data correction requests or request information regarding policies and practices and kinds of data held. Such requests should be addressed to: Data Protection Officer (DPO) Metaco Intelligence Corporation Email: dpo@zoth.io Please note that if your Personal Data has been provided to us by a third party, you should contact such party directly to make any queries, feedback, and access and correction requests to Metaco on your behalf.

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