プライバシー・データ利用ポリシー

This Privacy Notice sets out how personal information is collected, processed and disclosed in connection with the issue of Stablecoins.

As a result of a proposed or actual purchase of Stablecoins issued by the Issuer either made by you or a firm or entity with which you have a connection (the "Applicant"), your personal information and/or the personal information of other relevant individuals of the Applicant (such as directors, officers, employees or beneficial owners or persons connected to the foregoing) may be provided to the Issuer, the Administrator and/or any of their service providers and/or affiliates (where such relevant individuals and the Applicant shall together be referred to as the "Relevant Individual").

The Issuer will act as data controller in respect of its use of personal information provided by a Relevant Individual. In this Privacy Notice, "we" or "us" refers to the Issuer, its service providers and/or its affiliates (as applicable) and "you" refers to the Relevant Individual.

Service providers appointed by the Issuer may also process personal information relating to Relevant Individuals when conducting administrative and other activities relating to the Issuer and the issue of Stablecoins. Where they are required to do so in order to comply with their own legal and regulatory obligations, they will do so as data controllers in their own right.

This Privacy Notice sets out how the personal information of Relevant Individuals is collected, processed and disclosed in connection with the Applicant’s purchase of Stablecoins from the Issuer. Unless otherwise provided for in this Privacy Notice, terms and expressions defined elsewhere in this Information Memorandum shall have the same meaning where used in this Privacy Notice.

We may collect various types of personal data about you, including:

1. identification information (which may include your name, ID card and passport numbers, nationality, place and date of birth, gender, photograph and/or IP address and personal data relating to claims, court cases and convictions, politically exposed person (PEP) status, personal data available in the public domain and such other information as may be necessary for the Issuer and its service providers to perform their functions and comply with their CDD processes and discharge AML/CFT obligations);
2. tax status information (which may include your tax residency, tax ID and/or your tax status);
3. contact information (which may include postal address and e-mail address and your home and mobile telephone numbers);
4. about your family relationships (which may include your marital status, the identity of your spouse and the number of children that you have);
5. professional and employment information (which may include your level of education and professional qualifications, your employment, employer’s name and details of directorships and other offices which you may hold); and
6. financial information, sources of wealth and your assets (which may include details of your shareholdings/beneficial interest in assets, your bank details and your credit history).

We may also collect and process personal data regarding people connected to you, either by way of professional (or other) association or by way of family relationship.

We collect personal information from the following sources:

1. personal information which data subjects provide to us or which is given to us by the Applicant, including but not limited to:
   1. information collected via the Issuer's website;
   2. such other forms and documents as we may request that are completed in relation to the administration/management of any purchase of Stablecoins from the Issuer;
   3. information gathered through client due diligence carried out as part of our compliance with regulatory requirements; or
   4. any personal information provided by way of correspondence with us by phone, e-mail or otherwise;
2. personal information we receive from third party sources, such as:
   1. entities in which you or someone connected to you has an interest;
   2. your legal and/or financial advisors;
   3. other financial institutions who hold and process your personal information; and
   4. credit reference agencies and financial crime databases for the purposes of complying with our regulatory requirements; and
3. personal information received in the course of dealing with advisors, regulators, official authorities and service providers by whom you are employed or engaged or for whom you act.

We may hold and process your personal information on the following lawful grounds, namely where:

1. the processing is necessary for our legitimate interests, provided your interests and fundamental rights do not override those interests;
2. the processing is necessary to comply with our respective contractual duties to the Applicant including under the terms of the Issuer's website/this Information Memorandum and any supplemental agreements thereto;
3. the processing is necessary to comply with our legal and regulatory obligations;
4. (on rare occasions) where we have obtained consent to processing personal information for a specific purpose; and
5. on rare occasions, where it is needed in the public interest.

Pursuant to paragraph 4.1 above, personal information may be processed for the following purposes set out below ("Purposes"):

1. facilitating the administration/operation of the Issuer and the issue of the Stablecoins;
2. communicating with data subjects as necessary in connection with the Applicant’s purchase/holding/redemption of Stablecoins;
3. monitoring and recording telephone and electronic communications and transactions:
   1. for quality, business analysis, training and related purposes in order to improve service delivery; and
   2. for investigation and fraud prevention purposes, for crime detection, prevention, investigation and prosecution of any unlawful act (or omission to act);
4. to comply with the listing, legal, regulatory, reporting and/or financial obligations of the Issuer or any legal or regulatory obligations of any service provider or functionary (or his/her employer) of the Issuer;
5. disclosing your personal information (including your identity and interest in the Issuer) to any bank, financial institution or other third party lender providing any form of facility, loan, finance or other form of credit or guarantee to the Issuer;
6. to enforce or defend the rights of the Issuer, or those of third parties who provide services to the Issuer;
7. collecting, processing, transferring and storing customer due diligence, source of funds information and verification data under applicable anti-money laundering and terrorist financing laws and regulations; and
8. liaising with or reporting to any relevant regulatory or taxation authorities.

We may share your personal information with our service providers, banks, financial institutions or other third party lenders, IT service providers, auditors and legal professionals as needed to fulfil the Purposes (noting that such service providers may share information between themselves where required, for example for client on-boarding processes). The group companies and third party service providers to whom your information may be transferred are based in the countries referred to in the Directory to the Information Memorandum.

Where we share your information with a third party, we require the recipients of that personal information to put in place adequate measures to protect it.

Where we transfer your personal information outside the European Economic Area, we will ensure that it is protected and transferred in a manner consistent with legal requirements applicable to the information. This can be done in a number of different ways, for instance:

1. the country to which we send the personal information may be approved by the European Commission as providing adequate protection for personal data;
2. by utilising a contract based on "model contractual clauses" approved by the European Commission; or
3. where the recipient is in the US, it may belong to the EU-US Privacy Shield scheme.

In other circumstances, the law may permit us to otherwise transfer your personal information outside the EEA.

If you would like further information about the safeguards we have in place to protect your personal information, please contact the Administrator.

Your personal information will be retained by the Issuer and the persons referred to in paragraph 5 above for as long as required by the prevailing regulation:

1. for the Purposes for which the personal information was collected;
2. to establish or defend legal rights or obligations or to satisfy any reporting or accounting obligations; and/or
3. as required by data protection laws and any other applicable laws or regulatory requirements.

You have the following rights (which are subject to certain conditions and exceptions) in respect of the personal information about you that we process:

1. the right to access and port personal information;
2. the right to rectify personal information;
3. the right to restrict the use of personal information;
4. the right to request that personal information is erased; and
5. the right to object to processing of personal information.

You also have the right to lodge a complaint about the processing of your personal information either with us, with the Office of the Data Protection Commissioner in Jersey or the data protection authority in the EU member state of your usual residence or place of work.

Where we have relied on consent to process your personal information, you have the right to withdraw consent at any time.

If you wish to exercise any of the rights set out in this paragraph 7, please contact the Administrator.