This Privacy Policy (hereinafter referred to as the "Policy") is an Agreement between Nooki LTD (hereinafter referred to as the "Site Operator") and the Visitor or User of the Site (hereinafter collectively referred to as the "User") to regulate the relationship related to the collection, processing, storage, protection, disclosure of personal data of Users.

 

This Policy is a public offer that is addressed to a fully capable individual.

 

By registering on the https://nooki.capital/ website  or visiting the Website without registering, the User consents to the collection and processing of his personal data, and also gives the Website Operator the right to perform other actions with Personal Data that are provided for in this Policy.

 

The fact of acceptance of this Policy (unconditional acceptance of all conditions contained in this document without exception, made by visiting the Site or by registering) is recorded by the Site Operator in electronic form. The information registered by the Website Operator about the acceptance of the offer can be used as evidence in any instances, including in court.

 

The Privacy Policy is an integral part of the User Agreement. The terms used in the Policy are filled with the meaning that is disclosed in the User Agreement. 

 

ATTENTION! 

 

IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS POLICY, WE ASK YOU TO STOP USING THE SITE AND, IF NECESSARY, REQUEST THE SITE OPERATOR TO DELETE THE PERSONAL INFORMATION THAT WAS RECEIVED BY HIM IN CONNECTION WITH VISITING THE SITE.

 

If you have any questions, you should contact the support service for clarification of the terms and individual provisions of this Policy [email protected]

 

1. METHODS OF COLLECTION AND INFORMATION COLLECTED BY THE WEBSITE OPERATOR

(hereinafter referred to as "Personal Information" and/or "Personal Data")

1.1. Information independently provided by the User.

1.1.1. Information that the User provides, independently interacting with the Website or with the Website Operator or Sellers or any third parties representing the interests of the Website Operator or Sellers, by performing legally significant actions (filling out questionnaires, registration forms, taking surveys, communicating with support, etc.), including, but not limited to, the following information:

   • Surname, first name, patronymic;

   • Citizenship;

   • Floor;

   • Photos, videos;

   • Date of birth;

   • Wallet address;

   • Contact details, including but not limited to: email address, phone number, social media accounts, and others;

   • Documents that in the relevant jurisdiction of the User are identity documents and/or data from these documents;

   • Taxpayer Identification Number;

   • Documents required to check the User for compliance with the criteria, the presence of which is necessary for the implementation of certain legally significant actions on the Site;

   • Documents required to pass the KYC and AML procedure, including, but not limited to, documents confirming the source of funds and/or the financial condition of the User, documents confirming belonging to a public figure, documents confirming the absence of a criminal record, other documents and information that will be necessary to pass the KYC and AML procedure;

   • Documents confirming the citizenship, residency or place of residence of the User, including but not limited to the following documents: documents confirming border crossing (visa information), utility bills, lease agreements, real estate ownership documents, documents on registration as an entrepreneur, documents on obtaining refugee status and others;

   • Documents and information provided by the User in the course of any communication with the Site Operator or any of its representatives, including, but not limited to, messages in the chat with the support service, attachments to the chat, which may include screenshots, photos, videos, answers to questions, etc.;

1.1.2. The scope of documents and information, which include information on the types of data mentioned above, will be determined by the Site Operator depending on the results of the risk assessment before entering into a business relationship with the User.

1.1.3. In case of rejection of the Website Operator's request for additional information from the User, the Website Operator may refuse to provide the User with access to the Services, the Website or its individual services. As the Site Operator adds new features and Services, the User may be asked to provide additional information.

1.1.4. The website operator does not knowingly collect data from persons under the age of 18. By using the Website, the User confirms that he/she is at least 18 years old. If the Website Operator learns that personal information has been collected from Users under the age of 18, the Website Operator will delete the Personal Account, Account and Personal Data of such User. If the User becomes aware of any data that the Website Operator may have collected from persons under the age of 18, he/she may inform the Website Operator of this fact at the address [email protected]

1.2. Information generated or received automatically.

1.2.1. Data that is automatically transmitted when the User uses the Site without the need to perform any legally significant actions, except for the direct visit to the Site, including, but not limited to, the following information: 

   • how the User got to the Site and interacts with it;

   • device type and unique identification numbers of the User's device;

   • information about device events, including, but not limited to, failures, system activity, hardware settings, browser type, browser language, date and time of the request, and the User's referral URL;

   • A wide geographical location (e.g., at the country or city level) 

   • other technical data collected through cookies, pixel tags and other similar technologies that uniquely identify the User's browser;

1.3. Information Collected from Third Parties.

1.3.1. In order to verify compliance with the requirements necessary for the use of the Site, the Site Operator may receive and process any information from other sources, including, but not limited to, the following:

   • information provided by third parties involved by the Website Operator to verify the User's compliance with the criteria, the presence of which is necessary for the implementation of certain legally significant actions (Verification procedures, KYC, AML, and others)

   • publicly available information on the Internet;

   • information from the blockchain.

 

2. PURPOSES OF COLLECTION AND PROCESSING OF PERSONAL DATA

2.1. Processing of personal data includes any action (operation) or a set of actions (operations) performed with or without the use of automated means on Personal Data. This includes collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, and destruction of personal data.

2.2. The collected personal information of the User is used by the Website Operator for the following purposes: 

2.2.1. Identification of the User and provision of access to the Site and its services;

2.2.2. Checking whether the User has the right to perform legally significant actions available on the Site, as well as the availability of these rights during the existence of the relationship that arose after the implementation of legally significant actions;

2.2.3. Sending the User any information, including, but not limited to, information of a notification or advertising nature;

2.2.4. For any possible analysis and processing of Personal Data obtained within the framework of the methods specified in the Privacy Policy in order to improve the quality of the User's interaction with the Site or the quality of services provided by the Site Operator;

2.2.5. Conclusion, execution and termination of Transactions;

2.2.6. Exercise of any other rights and obligations that have arisen or may arise for the Site Operator in connection with the emergence of a relationship between the User and the Site Operator.

 

3. SAFEGUARDING AND PROTECTION OF PERSONAL INFORMATION

3.1. The Site Operator has implemented security systems designed to prevent unauthorized access or disclosure of Personal Information, including, but not limited to, the following measures: 

3.1.1. The User's personal account is protected by a password;

3.1.2. Employees, partners, contractors, contractors, consultants and other persons with whom the Website Operator interacts and who may have access to Personal Data assume the same legal obligations to comply with this Privacy Policy as the Website Operator has to Users;

3.1.3. Within the Site Operator's business, a system of control and multi-level access to the Users' Personal Data has been developed and implemented, with the recording of information: who, at what time and for what purposes, from the persons with access, applied for the Users' information;

3.1.4. The website operator uses effective anti-virus programs.

3.2. The system of measures to protect Personal Information is dynamic, the Website Operator constantly and periodically introduces new methods to protect Users' Personal Data from any possible types of threats. 

 

4. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

4.1. The Website Operator, on the basis of the User's consent provided by accepting this Privacy Policy, may transfer the User's Personal Data, including, but not limited to, the following third parties:

4.1.1. Persons with whom the Site Operator plans to merge or which it plans to acquire;

4.1.2. Persons who will perform the function of the Website Operator in the event of a replacement of the Website Operator, which may occur on the basis of the relevant agreement on the transfer of rights and obligations;

4.1.3. Persons who are involved by the Website Operator to check the User for compliance with the criteria, the presence of which is necessary for the implementation of certain legally significant actions (Verification procedures, KYC, AML, and others);

4.1.4. Persons who take part in the provision of services by the Site Operator to the User related to the use of the Site and its services.

4.2. In addition to the transfer of the User's Personal Information on the basis of the User's consent, the Website Operator is also obliged to transfer the User's Personal Information in accordance with the legal requirements of the jurisdiction of applicable law, including, but not limited to, the transfer of information in cases of receipt of requests from competent authorities. 

4.3. Cross-border transfers. The site operator may transfer information outside of the European Economic Area ("EEA"), the United Kingdom, and Switzerland. The EEA includes the countries of the European Union, as well as Iceland, Liechtenstein and Norway. Within the framework of this Policy, the Website Operator may transfer Personal Data around the world. In cases where Personal Data is transferred outside the EEA, the Site Operator applies appropriate technical, organisational and contractual safeguards (including standard contractual clauses) to ensure that such transfers are carried out in accordance with applicable data protection regulations, unless the country to which the Personal Information is transferred has already been determined by the European Commission to provide an adequate level of protection.

4.4. Cross-border transfer of personal data to foreign countries that do not meet the above requirements may be carried out only on the basis of a separately provided written consent of the User.

 

5. USER'S RIGHTS

5.1. The User has the right to:

5.1.1. Familiarize yourself with the Personal Data provided to the Website Operator and request a copy thereof.

5.1.2. Request the transfer of Personal Data to another controller, but only to the extent technically feasible.

5.1.3. Make changes, updates, additions to the Personal Data provided.

5.1.4. Request deletion of Personal Data.

5.1.5. Object to the processing of Personal Data for certain purposes and/or in certain ways.

5.1.6. Contact the Website Operator with a request to restrict the processing of Personal Data.

5.1.7. Opt out of direct marketing and promotional materials sent by the Website Operator.

5.1.8. Withdraw your consent to the storage and processing of Personal Data. Refusal will not affect the lawfulness of the storage and processing of the data that was carried out prior to the withdrawal, nor any other lawful storage and processing of the data other than consent.

5.1.9. Lodge a complaint with the competent authority responsible for the protection of personal data about the collection and use of Personal Data. 

5.1.10. Exercise other rights provided for by applicable law.

5.2. These rights are not absolute and may be limited in order to comply with regulatory requirements and the legitimate interests of the Website Operator.

5.3. For all questions regarding the exercise of the above rights, the User can contact by e-mail: [email protected]

 

6. RESPONSIBILITIES AND DISPUTE RESOLUTION PROCEDURE

6.1. The Website Operator is not responsible for the loss of Personal Data due to the actions of third parties, including the hosting provider of the Website Operator, software errors, unreliability of communication channels, as well as illegal actions of hackers and other intruders.

6.2. In case of loss (leakage) of Personal Data, the Website Operator undertakes to notify the User within 24 hours from the moment the fact of loss is established, as well as to make every possible effort to reduce the negative consequences and identify those responsible.

6.3. Prior to filing a lawsuit in disputes arising from the relationship between the User and the Site Operator, it is mandatory to file a claim (a written proposal for a voluntary settlement of the dispute). Within 30 (thirty) calendar days from the date of receipt of the claim, the recipient of the claim shall notify the claimant in writing of the results of the consideration of the claim. If an agreement is not reached, the dispute will be referred to a judicial authority in accordance with the current the laws of the British Virgin Islands.

 

7. ENTRY INTO FORCE, AMENDMENT AND TERMINATION OF THE POLICY

7.1. The term of the Policy begins from the moment of visiting the Site and ends from the moment of receipt of the User's corresponding request for the deletion of his Personal Data or the independent deletion of Personal Data by the Site Operator, due to the absence of the need to store them. The period of storage and processing of the User's Personal Data corresponds to the validity period of the Policy. 

7.2. The Site Operator reserves the right to make changes to this Policy, in connection with which the User undertakes to regularly monitor changes and be guided by the version of the Policy posted in the footer of the Site https://nooki.capital/.

7.3. If, after changing the Policy, the User continues to use the Site, it is considered that the User has read all the changes and accepted them. The Website Operator may require the User to accept the new version of the Policy by performing a legally significant action other than visiting the Website as a condition for continuing to use the Website or its services.

7.4. If the User does not accept the changes to this Policy, he has the right to terminate it unilaterally by sending a request to the Site Operator to delete his Personal Information by e-mail [email protected].

7.5. The User has the right to unilaterally terminate the Policy out of court at any time by sending the Site Operator a corresponding application for the deletion of Personal Information by e-mail [email protected].

7.6. The Website Operator has the right to unilaterally terminate this Policy out of court by notifying the User of the fact of termination of the Policy and deletion of Personal Information through the Personal Account or by the contact details specified by the User during registration. 

7.7. Any termination of the Policy entails the impossibility of further use of the Site, the deletion of the Personal Account and the User Account.