Privacy Policy and Cookie Notice
Enyxus™ (“Enyxus”, “the Company”, “the Platform”, “we”, or “us”) is
committed to protecting the privacy of our customers. We adhere to
strict policies that reflect our commitment to our data protection
responsibilities, as described in this Privacy Policy.
This
Privacy Policy describes how the Company collects and processes your
personal information through the Company website(s), the Platform and
other Company Properties that reference this Privacy Notice. Enyxus™
refers to an ecosystem comprising Company Properties (whose domain names
include but are not limited to www.enyxus.com), mobile applications,
clients, applets and other applications that are developed to offer
Enyxus Services, and includes independently-operated platforms, websites
and clients within the ecosystem. “Enyxus” as used in this Privacy
Notice includes Enyxus Operators and Providers as defined herein, within
the Definition Section.
This Privacy Notice applies to all
Personal Information processing activities carried out by us, across
platforms, websites, and departments of Enyxus and Enyxus Operators.
To the extent that you are a User of our services, as defined
herein, this Privacy Notice applies together with any terms and
conditions of use and other contractual documents, including but not
limited to any agreements we may have with you.
To the
extent that you are not a relevant stakeholder, customer or user of our
services, but are using our website, this Privacy Notice also applies to
you together with our Cookie Notice, included herein.
Section 1 | Definitions
Consumer - Refers to any natural person or any legal person who engages
with the Platform in any capacity, regardless of payment for services.
Digital-Asset - Refers to any cryptocurrencies (Bitcoin, Ether,
etc.) and tokens (ERC20, etc.) tradable on a public or private
blockchain and/or other DLT (Distributed Ledger Technologies).
Enyxus Operators - Refers to all parties that run Enyxus, including
but not limited to legal persons, unincorporated organizations and teams
that provide Enyxus Services and are responsible for such services.
Materials – Refers to any and all content, including the
Enyxus™ Trading Platform, printed materials, video content, trading
strategies, any and all computer programs, auto-trading systems, and/or
any related material.
Platform – Refers to the Enyxus™
Trading Platform, the company entity which owns the Enyxus™ Trading
Platform and any and all employees, affiliates and or/ assigns of said
company.
Properties – Refers to the Company’s
website(s), landing pages, social media accounts, printed materials,
communications in all forms, videos and the Enyxus™ Platform.
Providers – Refers to the Company, the Platform and/or any one of
their respective associates, distributors, resellers, subsidiaries,
business partners or service providers, who may provide content through
private meetings, public seminars, the internet, and/or at any venue or
through any communication media.
Self-Execution - Refers to
the automatic execution processing of a Strategy.
Strategy -
Refers to the conditions and trade instructions defined by the User and
implemented within the Platform.
User - Refers to any natural
person or legal person using the services offered by the Platform or
visiting its website with a full legal capacity.
Section 2 | Enyxus’ Relationship with you
Enyxus LLC, a company registered in the State of Wyoming in the United
States of America, is the data controller for personal information
collected in connection with provision of Enyxus services in both the
United States and Internationally.
However, depending
on your place of legal residence certain other Enyxus entities could be
involved in processing activities such as Know Your Customer (“KYC”)
activities which are necessary for us to provide some but not all
Services to you. For example, Enyxus may operate a subsidiary within
your country to comply with the laws of that country, and said
subsidiary would be responsible for running KYC checks. These Enyxus
entities could act as Controllers of your personal information and use
it in accordance with this Privacy Notice.
Section 3 | What Personal Information does Enyxus collect and process? Why does Enyxus process your personal information? What isthe legal basis for our use of personal information?
3.1 Personal Information
3.1.1 Personal Information Enyxus Collects
| Enyxus may collect and process various forms of information
as necessary, depending on the types of Services or Offerings you with
which you may choose to engage. This data may include but is not limited
to: your name, email address, gender, date of birth, home address, phone
number, nationality, device ID, a video recording of you and a
photographic image; transactional information.
3.1.2 Reasons for this Data Collection |
Enyxus may collect and process identity information and Sensitive
Personal Data to comply with our Know Your Customer (“KYC”)obligations
under applicable laws and regulations, and Anti-Money Laundering laws
and regulations. Enyxus uses your personal information to
communicate with you in relation to Enyxus Services. With regard to
transactional information, Enyxus uses your personal information to
process your orders, and to communicate with you about orders and
services.
3.1.3 Legal Basis for our use of personal information (EU and
UK GDPR Compliance) | When Enyxus provides you the User and/or Consumer, with products or services,
or communicates with you about them, this activity constitutes the Performance
of a Contract with you. This includesbut is not limited to our use your personal
information to take and handleorders, and process payments.Enyxus is compelled
to comply with our legalobligations under applicable laws and regulations,
and Anti-Money Launderinglaws and regulations. Additionally, when you consent
to processing yourpersonal information for a specified purpose, we collect
this information asneeded. Please note that you may withdraw your consent
at any time and we willstop processing your personal information for that
purpose. The withdrawal ofconsent does not affect the lawfulness of processing
based on consent beforeits withdrawal.
3.2 Digital and Internet Footprint Information
3.2.1 Personal Internet and Digital Information Enyxus
Collects | Enyxus may collect and process various forms of data related to your interactions
with our web-based services, depending on the types of Services or Offerings
you with which you may choose to engage. This data may include but is not
limited to: the Internet protocol (IP) address used to connect your
computer to the Internet, login, e-mail address, password and location of
your device or computer, Enyxus Services metrics (e.g., the occurrences of
technical errors, your interactions with service features and content, and
your settings preferences), version and time zone settings.
3.2.2 Reasons for this Data Collection |
Enyxus may collect and process this information in order to provide,
troubleshoot, and improve our Services. Enyxus uses your personal
information to provide functionality, analyze performance, fix errors,
and improve the utility and efficacy of our Services and/or
offerings.
3.2.3 Legal Basis for Our Use of Personal Internet and Digital
Information | When Enyxus provides you the User, with products or services, we maintain
a legitimate interest in protecting the security of our services and
the security interests of our users and others who may simply access Company
Properties when, for example, we detect and prevent fraud and abuse.
3.3 Transaction Information
3.3.1
Personal Transaction Information Enyxus Collects
| Enyxus may collect and process various forms of transaction
activity information as necessary, depending on the types of Services or
Offerings you with which you may choose to engage. This data may include
but is not limited to: information from other sources including credit
history information from credit bureaus.
3.3.2 Reasons for this Data Collection |
Enyxus may collect and process personal information to prevent
and detect fraud and abuse in order to protect the security of our
users, Enyxus Services and others. Additionally we may also employ
various internal scoring methods to assess and manage credit risks,
where necessary.
3.3.3 Legal Basis for our use of personal information (EU and
UK GDPR) | When Enyxus provides you the User, with products or services, or communicates
with you about them, this activity carries a legal obligation to comply with
applicable laws and regulations, related to national, international and local
Anti-Money Laundering laws and regulations. Additionally, Enyxus maintains
a legitimate interest in our own security and the security interests
of our users and visitors to Company Properties when, for example, we detect
fraud and abuse, so that where possible, we may take actions to mitigate
the effect(s) of said fraud and abuse.
3.4 User Activity Information
3.4.1
Personal Activity Information Enyxus Collects
| Enyxus may collect and process various forms of information
about you on your behavior and your activity for marketing and
advertising purposes, as necessary, depending on the types of Services
or Offerings with which you may choose to engage.
3.4.2 Reasons for this Data Collection |
Enyxus may collect and process this activity and behavior information to
improve our services and user experience within our services and Company
Properties. We may also use your personal information to recommend
features and services that might be of interest to you, identify your
preferences, and personalize your experience with Enyxus Services and/or
other Company Properties.
3.4.3 Legal Basis for our use of Activity and Behavioral
Information
| When Enyxus provides you the User, with products or services,
or communicates with you about them this activity constitutes the
Performance of a Contract with you. This includes but is not limited to
our use of your personal activity and behavioral information gathered as
you interact with Company Properties, Operators and/or Providers. When
we request your consent to process your personal information for a
specific purpose that we communicate to you, Enyxus maintains a
legitimate interest in improving our services and offerings. Please
note that you may withdraw your consent at any time and we will stop
processing your personal information for that purpose. The withdrawal of
consent does not affect the lawfulness of processing based on consent
before its withdrawal.
Section 4 | Use Enyxus Services by Minors
Enyxus does not allow anyone under the age of 18 to use any paid Enyxus Services and does not knowingly collect personal information from children under 18.However, various forms of information is available on Company Properties that may be open for public viewing. Such information (for example, market pricing of Risk Assets and other forms of market data) does not require limitations on availability to minors and may be viewed by minors. Enyxus does not knowingly collect personal information from minors accessing this information.
Section 5 | Policies Regarding Cookies and Other Identifiers?
We use cookies and similar tools to enhance your user experience, provide our services, enhance our marketing efforts and understand how customers use our services so we can make improvements. Depending on applicable laws in the region you are located in, the cookie banner on your browser will tell you how to accept or refuse cookies.
Section 6 | Does Enyxus Share My Personal Information?
We may share your Personal Data with third parties(including other
Enyxus entities) if we believe that sharing your Personal Datails in
accordance with, or required by, any contractual relationship with you
or us, applicable law, regulation or legal process. When sharing your
Personal Information with other Enyxus entities, we will use our best
efforts to ensure that such entity is either subject to this Privacy
Notice, or follow practices at least as protective as those described in
this Privacy Notice. We may also share personal information with
the following persons:
1. Third party service providers: We employ other companies and individuals to perform functions on
our behalf. Examples include analyzing data, providing marketing
assistance, processing payments, transmitting content, and assessing and
managing credit risk. These third-party service providers only have
access to personal information needed to perform their
functions, but may not use it for other purposes. Further, they must
process the personal information in accordance with our contractual
agreements and only as permitted by applicable data protection laws.
2. Legal Authorities: We may be required
by law or by Court Order to disclose certain information about you or
any engagement we may have with you to relevant regulatory, law
enforcement and/or other competent authorities. We will disclose
information about you to legal authorities to the extent we are obliged
to do so according to the law. We may also need to share your
information in order to enforce or apply our legal rights or to prevent
fraud.
3. Business transfers: As we
continue to develop our business, we might sell or buy other businesses
or services. In such transactions, user information generally is one of
the transferred business assets, but remains subject to the promises
made in any pre-existing Privacy Notice (unless, of
course, the user consents otherwise). Also, in the unlikely event that
Enyxus or substantially all of its assets are acquired by a third party,
user information will be one of the transferred assets.
4.
Protection of Enyxus and others: We
release accounts and other personal information when we believe release
is appropriate to comply with the law or with our regulatory
obligations; enforce or apply our Terms of Use and other agreements; or
protect the rights, property or safety of Enyxus, our users or others.
This includes exchanging information with other companies and
organizations for fraud protection and credit risk reduction.
Section 7 | International Transfers of Personal Information
To facilitate our global operations, Enyxus may transfer your personal
information outside of the European Economic Area (“EEA”), UK and
Switzerland. The EEA includes the European Union countries as well as
Iceland, Liechtenstein, and Norway. Transfers outside of the EEA are
sometimes referred to as “third country transfers”.
We may
transfer your personal data within our Affiliates, third-party partners,
and service providers based throughout the world. In cases where we
intend to transfer personal data to third countries or international
organizations outside of the EEA. Enyxus puts in place suitable
technical, organizational and contractual safeguards (including Standard
Contractual Clauses), to ensure that such transfer is carried out in
compliance with applicable data protection rules, except where the
country to which the personal information is transferred has already
been determined by the European Commission to provide an adequate level
of protection.
We also rely on decisions from the European
Commission where they recognize that certain countries and territories
outside of the European Economic Area ensure an adequate level of
protection for personal information. These decisions are referred to as
“adequacy decisions”. We transfer personal data to Japan on the basis of
the Japanese Adequacy Decision.
Section 8 | How Secure is My Information?
We design our systems with your security and privacy in mind. We have
appropriate security measures in place to prevent your information being
accidentally lost, used or accessed in an unauthorized way, altered or
disclosed. We work to protect the security of your personal information
during transmission and while stored by using encryption protocols and
software. We maintain physical, electronic and procedural safeguards in
connection with the collection, storage and disclosure of your personal
information. In addition, we limit access to your personal information
to those employees, agents, contractors and other third parties who have
a business need to know.
Our security procedures mean that we
may ask you to verify your identity to protect you against unauthorized
access to your account password. We recommend using a unique password
for your Enyxus account that is not utilized for other online accounts
and to sign off when you finish using a shared computer.
Section 9 | Advertising Policies
In order for us to provide you with the best user experience, we may share your personal information with our marketing partners for the purposes of targeting, modelling, and/or analytics as well as marketing and advertising. You have a right to object at any time to processing of your personal information for direct marketing purposes, in accordance with this Privacy and Cookies Policy.
Section 10 | What Rights Do I Have?
Subject to applicable law, as outlined below, you have a number of
rights in relation to your privacy and the protection of your personal
information. You have the right to request access to, correct, and
delete your personal information, and to ask for data portability. You
may also object to our processing of your personal information or ask
that we restrict the processing of your personal information in certain
instances. In addition, when you consent to our processing of your
personal information for a specified purpose, you may withdraw your
consent at any time. If you want to exercise any of your rights please
contact us at info@Enyxus.com .These rights may be limited in some situations - for example,
where we can demonstrate we have a legal requirement to process your
personal data.
1. Right to access: You have
the right to obtain confirmation that your personal information was
processed and to obtain a copy of it as well as certain information
related to its processing;
2. Right to rectify: You can request
the rectification of your personal information which are inaccurate, and
also add to it. You can also change your personal information in your Account
at any time.
3. Right to delete: You
can, in some cases, have your personal information deleted;
4. Right to object: You can object, for reasons
relating to your particular situation, to the processing of your
personal information. For instance, you have the right to object where
we rely on legitimate interest or where we process your data for direct
marketing purposes;
5. Right to restrict processing: You have the right, in certain cases, to temporarily restrict the
processing of your personal information by us, provided there are valid grounds
for doing so. We may continue to process your personal information if it
is necessary for the defense of legal claims, or for any other exceptions
permitted by applicable law;
6. Right to portability: In some cases, you can ask to receive your personal information which
you have provided to us in a structured, commonly used and machine-readable
format, or, when this is possible, that we communicate your personal
information on your behalf directly to another data controller;
7. Right to withdraw your consent: For processing
requiring your consent, you have the right to withdraw your consent at any
time. Exercising this right does not affect the lawfulness of the processing
based on the consent given before the withdrawal of the latter;
8. Right to lodge a complaint with the relevant data protection
authority: We anticipate that we will be able to satisfy any queries you may
have about the way in which we process your personal information. However,
if you have unresolved concerns, you also have the right to complain to the
appropriate data protection authority in the location in which you live,
work or believe a data protection breach has occurred.
If
you have any questions or objection as to how we collect and process
your personal information, please contact info@Enyxus.com.
Section 11 | How Long Does Enyxus Keep My Personal Information?
We keep your personal information to enable your continued use of Enyxus Services, for as long as it is required in order to fulfil the relevant purposes described in this Privacy Notice, and as may be required by law such as for tax and accounting purposes, compliance with Anti-Money Laundering laws, or as otherwise communicated to you.
Section 12 | Contact Information
Our data protection officer can be contacted at info@Enyxus.com, and will work to address any questions or issues that you have with respect to the collection and processing of your personal information.
Section 13 | Notices and Revisions
If you have any concerns about privacy at Enyxus, please contact us, and
we will try to resolve it. You also have the right to contact your local
Data Protection Authority.
Our business changes
regularly, and our Privacy Notice may change also. You should check our
websites frequently to see recent changes. Unless stated otherwise, our
current Privacy Notice applies to all information that we have about you
and your account.