Privacy Policy

Please read this privacy policy carefully, as it contains important information and affects your legal rights.

Privacy Policy Effective Date: 25th November 2024

1. Data Collection and Use You acknowledge that you – and only you – are responsible for properly configuring, as applicable, and using the Features or incorporating the Features into your applications or Wallet and for taking appropriate action to secure your data, including without limitation, financial or token information and private keys. The platform collects personal and financial information necessary for user onboarding, KYC/KYB verification, transaction processing, compliance, and smart contract management for tokenized funds. Information may include but not limited to:

   1. Personal identifiers (e.g., name, address, government-issued ID)

   2. Entity, its UBO & director details;

   3. Financial details (e.g., bank account or wallet information)

   4. Usage data (e.g., platform interactions, transaction history)

   5. Communication data (e.g., email correspondence, customer support interactions)

2. Indemnification: You agree to defend, indemnify, and hold harmless us and our licensors, and each of their respective employees, officers, directors, and representatives (collectively, the “Parties”) from and against all liability for monetary damages, contractual claims of any nature, economic loss (including direct, incidental or consequential damages), loss of income or profits, fines, penalties, exemplary or punitive damages, and any other injury, damage, or harm, including reasonable attorney’s fees (“Damages”) that relate in any way to any demand, claim, regulatory action, proceeding or lawsuit, regardless of the cause or alleged cause, whether the allegations are groundless, fraudulent, false, or lack merit and regardless of the theory of recovery (“Claim(s)”) arising out of or relating to: (i) your use of the Interfaces or Features (including any use by your customers, users, employees, and other personnel); (ii) breach of the Terms or violation of applicable law by you, your customers, users, employees and other personnel; (iii) a dispute between you and any third party; (iv) your alleged or actual infringement or misappropriation of any third party’s intellectual property or other rights; and (v) your Feedback. In the event we receive any third-party subpoena or other compulsory legal order or process associated with Claims described in (i) through (v) above, then in addition to the indemnification set forth above, you will reimburse us for our employees’ and contractors’ time and materials spent responding to such matters at our then-current hourly rates as well as our reasonable attorneys’ fees.

3. Data Sharing User data may be shared with third-party service providers, fund administrators, compliance partners, or regulatory authorities when required for regulatory compliance or operational needs. All third parties are contractually obligated to maintain data confidentiality and adhere to applicable data protection regulations.

4. Data Security and Storage Data security is a high priority, and we use advanced encryption, secure data storage, access controls, and regular security audits to protect personal information. Additionally, Cogito ensures a 99.99% uptime for smart contracts. Although we apply robust security measures, absolute security cannot be guaranteed.

5. User Rights and Data Retention Users have rights over their data, including:

   1. Access: Request a copy of their data.

   2. Correction: Update inaccurate or incomplete information.

   3. Deletion: Request deletion of their data, subject to legal and regulatory obligations.

   4. Restriction and Withdrawal of Consent: Users can request to restrict data processing or withdraw consent for non-essential processing. Contact us at [e-mail] to exercise these rights.

   Entity & Personal data will be retained only as long as necessary for the purposes stated in this policy, or as required by law. Once data is no longer needed, it will be securely deleted.

6. Third-Party Links and Services The platform may contain links to third-party websites or services. As discussed throughout the Terms, the Interfaces and Features may be integrated with or otherwise give access to applications, services, sites, technology, data, operations, features and resources that are provided or otherwise made available by third parties (“Third Party Services”). As further noted throughout these Terms, your access and use of Third-Party Services may be subject to additional terms and conditions, privacy policies, or other agreements with those third parties, which the Parties does not control and otherwise may have no relationship with. Parties also has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, verification, or completeness of information or content shared by or available through Third Party Services, or the privacy practices of Third Party Services. Zoth and Cogito are not responsible for the data handling practices of these Third Parties. Users are encouraged to review Third-Party privacy policies before engaging with their services.