Privacy Policy

LAST UPDATED: 19 MARCH, 2022
WITH THE FOLLOWING PRIVACY POLICY STATEMENT, WE COMPLY WITH OUR STATUTORY DUTY TO INFORM YOU ABOUT THE STORAGE OF DATA, THE TYPE OF DATA, THEIR PURPOSE AND OUR IDENTITY. WE ALSO NOTIFY YOU OF THE INITIAL REGISTRATION AND THE TYPE OF DATA SUBMITTED.

1. Preamble

The Website is operated by Midas.Investments.

We collect, process and use your personal data in accordance with the Privacy Policy and in compliance with these terms. Personal data will be kept strictly confidential and will not be sold, transferred or transmitted to Third-Parties, except for the situations where we are obliged to and to Third-Parties and for purposes described in Section 7.

Midas is the controller of your personal data, meaning that we determine what, for what purpose and how your personal data will be processed.

YOU CAN FIND OUR COMPLETE CONTACT DETAILS AT THE END OF THE PRIVACY POLICY

The use of the Website is usually possible without your provision of personal data. Collection of personal data takes place when you voluntarily provide it: (i) via accepting cookies by accepting and agreeing to the Privacy Policy; (ii) using your Auth Account sign up for Midas Account and become a User, and/or (iii) while on the Website, by texting us in order to receive support on the Live Chat widget, and/or (iv) subscribe to our Community newsletter on the "Community" page of the Website ("Midas Community newsletter"). Thus, when the collection of personal data happens, it happens, as far as possible, always on freiwilliger basis. Once again, this personal data will not be disclosed to Third-Parties without your explicit consent, except for the certain situations where we may be required to disclose such personal data, and to Third-Parties and for purposes described below, please see Section 7 for more information on disclosure of personal data.

We must notice in this context that the transmission of data on the Internet (i.e. in the case of communication by e-mail) may have security gaps. A complete protection of the data from access by Third-Parties is not possible.

In the following, we will explain what information we collect during your visit to our website, access to, and use of the Services and how it is used.

2. Interpretations

Capitalized terms shall have the same meaning as defined in and/or ascribed to in the Terms of Use available at the following address: midas.investments/docs/terms-of-use

3. Scope of the Privacy Policy:

Midas provides the Privacy Policy in order to describe the procedures in respect of processing and disclosure of your personal data collected by us, undertaken by us, while you use the Services.

The Privacy policy applies to your use of the Website and the Services.

4. Acceptance and Consent:

By browsing the Website, Visitors acknowledge that Midas may collect and process a certain quantity of their personal data relating to them and that they have read and understood the Privacy Policy and agree to be bound by it and to comply with all applicable laws and regulations.

Users acknowledge that Midas may collect and process a certain quantity of their personal data relating to them and that they have read and understood the Privacy Policy and agree to be bound by it and to comply with all applicable laws and regulations.

Also, the consent is given when the Visitors freely submit to Midas their personal data by using Auth Accounts required to sign up for Midas Account and become a User. This latter understands and agrees that we are free to use these personal data within the limit provided by law and the Privacy Policy.

If you do not agree with the terms of the Privacy Policy, please do not sign up for Midas Account and abstain from using the Website.

You may choose to refer someone to the Website or through one of our referral programs (i.e. through affiliate program specified on wiki.midas.investments/products/midas-platform/affiliate-program). In this former case, we may ask for that person’s name and contact information, including email address (the "Referral's data"). When you submit the Referral's data, you are responsible for informing such referral about Midas, and for obtaining any necessary consent or authority from them. In this respect, we will send them a single invitation email to the address you provide. Please ensure that you only submit email addresses of natural persons with whom you have a relationship and who would want to receive the message.

5. Collected Data, Use and Purposes

This Section applies to all information that is received: (a) during your visit to, browsing, or making any other use of the Website, including, without limitation, uses specified below; (b) when you become a User, and/or (c) when you subscribe to Midas Community newsletter, and/or (d) use our Blog and Community forums and servers, and/or (e) through Third-Party Web beacons and buttons, and/or (f) from other sources. In particular, the following personal data is collected in the abovementioned cases:

• Visitor's Data:
  When you browse the Website, even if you neither text us for support on the Live Chat widget nor subscribe to Midas Community newsletter, do not become a User and do not contact us, we automatically, without your intervention:
  • collect your cookies in compliance and consistent with the Section 12 of this Privacy policy,
  • use Google Analytics,
  • use Facebook Pixel,
  • use Mixpanel,
  • use Amplitude,
  • use Yandex Metrika.
  Our legitimate interest in accordance with Art. 6 para. 1 sentence 1 lit. f DSGVO for the collection of such data and use of such Third-Party services is based on the following purposes:
  
  • ensuring a smooth connection setup and comfortable use of the website,
  • evaluation of system security and stability as well, or
  • further administrative purposes.
  When you text us, while on the Website, regarding support on the Live Chat widget ("Live Chat"), your personal data is processed by LiveChat, Inc. (located at 101 Arch Street, 8th Floor, Boston MA 02110 in the United States of America). When you text us regarding support using Live Chat, we shall collect:
  
  • your current IP address,
  • your name, and
  • your email address, for purposes of enabling correspondence and allowing the contact with our support team.
• User's Data:
  When you sign up for Midas Account using an Auth Account and become a User, Midas collects your following personal data:
  
  • your name,
  • your email address.
  The primary purpose for collecting such personal data is for identification purposes in accordance with applicable KYC/AML regulations and provision of a better user experience to the Users, and in particular to:
  
  • communicate with Users;
  • provide Users with information about new products available, blog posts, promotions, special offers and other information;
  • personalise the promotional offers of Applicable Digital Assets, in particular based upon their activity and their transaction history;
  • answer to their questions and comments;
  • prevent potentially prohibited or illegal activities;
  • conduct research and compile statistics on usage patterns;
  • enable processing of transactions;
  • maintain the accounts;
  • enforce the Terms of Use;
  • comply with our legal requirements;
  • as otherwise described to the Users at the point of collection.
  When User sends Applicable Digital Assets via any of Networks to your Personal address, Midas may collect the User's Network address used by such User to send such Applicable Digital Assets to the Personal Address on such Network, hence assigning the User's applicable Network address to User's Personal Address on such respective Network for purposes of protecting the User's Applicable Digital Assets from being stolen or otherwise fraudulently removed from such Personal Address in favour of other non-identified address on such Network or otherwise protecting you from possible losses and damages related to fraudulent, abusive or unlawful uses of the Midas Account.
  
  User must also understand and agree that your transactional information will be made public on the Networks when you send, transmit, transfer or otherwise transact in Applicable Digital Assets on such Network due to open, blockchain nature of the Networks and, therefore, disclosed to anyone.
  
• Newsletter:
  When you, as a Visitor or a User, subscribe to Midas Community newsletter, we collect your IP address, web browser version, your name and your email address for the sole purpose to send you our Community newsletter.
  
  At any time, you can opt-out of Midas Community newsletter by clicking on the unsubscribe link in such emails, or via the email preferences settings in your account. Certain non-commercial email communications, which are required to provide Users with the Services, may still be sent by us to persons, which are our Users. For example, these include system notifications, major changes in the Services, changes to the Terms of Use, or other news that we believe will materially affect how you interact with Midas, YAP's, Personal Addresses, Applicable Digital Assets, and/or the Services, in full or in part.
  
• Community and Blog:
  The Website or the Services may offer publicly accessible blogs or community forums and/or community servers, notably our Discord Community server. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal data from our blog or community forum, you may contact us by emailing us at privacy@midas.investments. In some cases, we may not be able to remove your personal data, in which case we will let you know if we are unable to do so and why.
  
• Third-Party Web Beacons and Buttons:
  We may display Third-Party content on the Website and/or the Services, including offers of Third-Party Applicable Digital Assets. Third-Party content may use cookies, web beacons, or other technology mechanisms for obtaining data in connection with your viewing of the Third-Party content and clicking on the banner, or button, or any otherwise displayed Third-Party content available on the Website and/or the Services. Additionally we may implement Third-Party buttons (such as Twitter "Retweet," Facebook "Like" or "Share," or Google "Plus" that may function as web beacons even when you do not interact with such buttons for the purpose of improving the Visitor's and/or the User's experience on the Website and enabling Visitors and/or Users referral capabilities set out above in Section 4 Para.6. Please note that data collected through such Third-Party web beacons and buttons is collected directly by these Third-Parties and not by Midas. Data collected by any Third-Party in such manner is subject to that Third-Party's own data collection, use, disclosure and protection policies.
  
• Data from Other Sources:
  We may obtain data on our Visitors and Users from Third-Parties and sources other than the Website or the Services, such as, without limitation, our partners and service providers for various purposes, including, without limitation, the purpose of complying with legal obligations. Also, from time to time, we may collect data about Users, and natural persons, willing to become Users ("Prospective User" or, collectively, "Prospective Users"), during industry events, including, without limitation, expos, trade shows, conferences and other types of industry-related events. The personal data collected by us during such events includes, without limitation, the User's or the Prospective User's name, surname, address, phone number and email address. The general purpose for such data collection is establishing business connection.
  

6. Your Rights

You may be entitled to certain rights relating to your personal data. For example, you may be able to:

• request, once per calendar year, certain information regarding our disclosure of your personal data to third parties for their own direct marketing purposes;
• request, twice per calendar year, to know (i) the specific pieces of Personal data we have collected about you; (ii) the categories of Personal data we have collected about you; (iii) the categories of sources from which we collected your personal data, (iv) our business purpose for collecting your personal data; and (v) the categories of Third-Parties with whom we shared your personal data;
• request to delete the personal data we have collected about you. We may deny your request under certain circumstances, such as if we need to comply with a legal obligation;
• request to correct the personal data we have collected about you, if you believe that the personal data we have collected about you is inaccurate;
• receive your personal data that you have provided to us in a structured, commonly used and machine-readable format and transmit it to other data controllers (data portability);
• restrict or object to the processing of your personal data for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing.

We will not discriminate against you for exercising any of these rights. If you wish to make a request or to learn more, please reach out to us using the information provided in the Section 13 below.

7. Disclosure of Your Personal Data

Midas does not share personal data about you with other organisations for their marketing or promotional uses without your prior express consent. However, please be aware that any personal data that you voluntarily choose to display on any publicly available part of the Website or the Services in order to use the Services (for example, your Network address you used to send or otherwise transfer Applicable Digital Assets to your Personal Address and other transactional information that is shown on such Network's block explorer), becomes publicly available and may be collected and used by any other person without restriction.

Midas may choose to partially disclose some personal data of Users and/or Visitors, who chose to subscribe for the Midas Community newsletter or texted us through Live Chat widget available on the Website to Third-Parties, such as:

• marketing automation providers, such as SendPulse (SendPulse, inc, located in the United States of America) and Live Chat to provide administrative and commercial communication, as well as email services;
• Network infrastructure, custody, liquidity, DeFi applications and Staking access providers, such as Fireblocks (Fireblocks, inc, located in the United States of America) to provide digital asset services to you in connection with the Services and/or YAP's;
• decentralised exchanges such as Uniswap to provide you with some of the YAP's;
• cloud service providers, such as Google Cloud and Amazon, located in Germany, to store certain personal data and for disaster recovery services, as well as for the performance of any contract we enter into with you;
• KYC/AML Service providers, such as SumSub (Sum and Substance Ltd. located in England) to comply with applicable KYC/AML regulations.

Midas may also choose to partially disclose some personal data of Users and/or Visitors, who chose to subscribe for the Midas Community newsletter or texted us through Live Chat widget available on the Website to Third-Parties in order to:

• conduct data analysis and create reports;
• offer certain functionality; and
• assist Midas in improving the overall User experience on the Website as well as the Services and YAP's, and create new products, YAP's and service features

We generally contractually require that these parties process such limited personal data in compliance with the Privacy Policy, authorise only a limited use of such personal data, and require these Third-Parties to use reasonable confidentiality and data protection measures.

Midas may disclose automatically collected and other aggregate non-personal data (such as usage data, including, without limitation, referring/refusal pages and URLs, IP address, quantity of clicks, number of clicks per hour, etc.) with interested Third-Parties to help such Third-Parties understand the usage and demographic patterns for certain Website Content, the Services, Promotions of Applicable Digital Assets, or other functionality on the Services.

In the case where Midas is merged with or acquired by a Third-Party entity, we may transfer or assign the data we have collected from Visitors and Users as part of such merger, acquisition, sale, or other change of control.

In any case where international transfer is done, Midas ensures that an adequate protection is guaranteed for personal data. In some specific cases when this level of protection is not guaranteed, Midas will obtain your prior consent or establish with the recipient of personal data a contractual framework or sufficient safeguards that ensure an adequate level of protection abroad. You may request access to a copy of these safeguards by contacting Midas using information specified in Section 13.

Unless otherwise stated, the Third-Parties who receive data from Midas are prohibited to use the personal data beyond what is necessary to provide the product or any service to you, directly or by participating in Midas’s activities.

8. Security Of Your Personal Data

Midas applies high industry standards and will always apply adequate technical and organisational measures, in accordance with applicable laws to ensure that your data is kept secure.

In the event of a personal data breach, Midas shall without undue delay, and where feasible, not later than 72 hours after having become aware of it, notify the breach to the competent supervisory authority, unless said breach is unlikely to result in a risk to your rights and freedoms. If the breach is likely to result in a high risk to your rights and freedoms, Midas shall communicate this breach to you, if it is feasible, without undue delay.

9. Retention of Your Personal Data

In accordance with applicable laws, Midas will use your personal data for as long as necessary to satisfy the purposes for which your personal data was collected or to comply with applicable legal requirements.

10. Minors

As explicitly mentioned in Section 2.2 of the Terms of Use, The Services are not intended for people under 18 years old. For that reason, Midas does not knowingly collect or maintain personal data of persons less that 18 years of age. If Midas learns that personal data of such persons has been collected on or through the Website and/or the Services, Midas will take the appropriate steps to delete such personal data.

If you are the parent or legal guardian of a person under 18 years of age, who has signed up for Midas Account or otherwise established access to the Services, please contact us at privacy@midas.investments in order for us to terminate such person's Midas Account and delete their personal data.

11. Cookies

Midas uses cookies and automatically collects certain information in order to enrich the experience Visitors and Users have with the Website and the Services and ensure enjoyable and easy navigation of the Website. We may track your activities using cookies and similar technology. Midas may use cookies and such automatically collected information to:

• Monitor and report aggregate usage metrics such as, without limitation, total number of visitors and pages accessed, or time spent on a single page of the Website;
• Track your entries, submissions, and status in any promotions or other activities.

If you want to delete any cookies that are already present on your computer or other electronic device (such as smartphone or tablet), please refer to the help and support feature of your internet browser for instructions on how to identify and locate the file or directory on such computer or electronic device.

12. Changes and Updates to the Privacy Policy

The Privacy Policy may be amended and/or revised from time to time and without notice to you and this will be reflected by the "LAST UPDATED" date found at the top of this page. Please revisit this page to stay aware of any changes. You hereby acknowledge and agree that your continued use of the Website constitutes your express consent to the current Privacy Policy and any future amendments.

For revisions to the Privacy Policy that may be materially less restrictive on our use or our disclosure of personal data provided by you, or for which we may be required to do so according to Google Platform Developer Policy, we will make reasonable efforts to notify you in timely manner and obtain your consent before implementing revisions with respect to such personal data.

13. Name and Contact Details of the Controller

We are pleased to help all concerned in connection with the handling of personal data and exercising their rights. For assistance please contact privacy@midas.investments. We are committed to dealing with all questions promptly.