Privacy Notice

Effective Date: January 1, 2020

OM2 Ventures Ltd. (by “OM2 Ventures“, “we“, “our” or “us“) operates a landing page via its website https://exberry.io (the “Site“) for the purpose of collecting leads for a new product it has developed in the name Exberry. Exberry is a platform as a service for creating and operating an exchange marketplace for any type of instrument. The Site enables its Visitors to perform a demo of the product and services.

This Privacy Notice describes the personal data we receive or collect whenever someone visits our Site (a “Visitor“).

It also describes how and for which purposes we may use such data, where we store and for how long we retain the data, with whom we may share it, our use of tracking technologies and communications, our security practices, your choices and rights (Visitor – “you“) regarding such data, and how to contact us if you have any concerns regarding this Notice or your Privacy.

Please read this Notice and make sure that you fully understand and agree to it.
If you do not agree to this Notice, please discontinue and avoid using our services.

You are not legally required to provide us with any Personal Data, but without it we will not be able to provide you with the opportunity to use our service.

1. Data Collection

We collect Personal Data regarding Visitors to our Site. Such data is typically collected and generated through your interaction with our Site, through automatic means or directly from you.

Specifically, we collect four main categories of data (which, if it could be used to identify a specific person, or is linked to such identifying data, we will deem it as “Personal Data“):

1. Data automatically collected or generated: when someone visits, interacts with or uses our services, including any e-mail or text messages sent to them via our services, we may collect or generate certain technical data about them. We collect or generate such data either independently or with the help of third party services (as detailed in Section 4 below). We also use “cookies” and other tracking technologies mostly for the purpose of providing our Visitors with a better experience (as further detailed in Section 5 below).
   Such data mainly consists of connectivity, technical and aggregated usage data, such as IP addresses, non-identifying data regarding a device, operating system and browser, and user activity on our services. It does not enable us to learn a person’s true identity or contact details, and serves mostly so we could better understand how our users typically use our site and product or demo and how we could improve their user experience, to optimize our marketing campaigns and ad ad management, and the overall performance of our services.

2. Data received from you: you may provide us Personal Data such as your name, workplace and position, contact details (such as e-mail, phone and address, account login details (such as usernames and hashed passwords) (collectively, “Account Data“), as well as any other data you choose to provide when you use our services, create a user account or contact us.
   To the extent that such Account Data concerns a non-human entity we will not regard it as “Personal Data” and this Notice shall not apply to it.

2. Data Uses

We use your Personal Data as necessary for the performance of our services; for complying with applicable law; and based on our legitimate interests in maintaining and improving our product and services and offerings, understanding how our services are used, optimizing our marketing, customer service and support operations, and protecting and securing our users, ourselves and our services.

Specifically, we use Personal Data for the following purposes:

1. To facilitate, operate, and provide our services;
2. To provide our Visitors with assistance and support;
3. To further develop, customize and improve the product or services and your user experience, based on common or personal preferences, experiences and difficulties;
4. To contact our Visitors with general or personalized service-related messages (such as password-retrieval or billing); to contact our Visitors with promotional messages (such as newsletters, webinars, new features etc.); and to facilitate, sponsor and offer certain events and promotions;
5. To offer our products and services.
6. To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
7. To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services; and
8. To comply with any applicable laws and regulations.

3. Data Location & Retention

Data Location: Your Personal Data may be maintained, processed and stored by OM2 Ventures and our authorized affiliates and Service Providers globally, as necessary for the proper delivery of our services, or as may be required by law.

OM2 Ventures Ltd. is based in a jurisdiction which is considered by the European Commission to be offering an adequate level of protection for the Personal Data of EU Member State residents. While privacy laws may vary between jurisdictions, OM2 Ventures, its affiliates and Service Providers are each committed to protect Personal Data in accordance with this Notice and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.

Data Retention: We keep Visitor Personal Data for as long as we reasonably need it in order to maintain and expand our relationship further and to provide them with our services.

We will also keep and use such Personal Data for as long as is required in order to comply with our legal and contractual obligations, or to protect ourselves from any potential disputes (i.e., as required by laws applicable to records and bookkeeping and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), in accordance with our Data Retention Policy. If you have any questions about our Data Retention Policy, please contact us at support@exberry.io.

4. Data Sharing

Legal Compliance: We may disclose or allow government and law enforcement officials access to certain Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we have a good faith belief that we are legally compelled to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.

Service Providers: We may engage selected third party companies and individuals to perform services complementary to our own (e.g. hosting services, data analytics services, marketing and advertising services, data and cyber security services, payment processing services, user engagement services, e-mail distribution and monitoring services, session recording, and our business, legal and financial advisors) (collectively, “Service Providers“). These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our services, and may only use it for such purposes.

Protecting Rights and Safety: We may share your Personal Data with others if we believe in good faith that this will help protect the rights, property or personal safety of OM2 Ventures, any of our users or any members of the general public.

OM2 Ventures Ltd. Affiliated Companies: We may share Personal Data internally within our family of companies, for the purposes described in this Notice. In addition, should OM2 Ventures Ltd. or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Data may be shared with the parties involved in such event. If we believe that such change in control might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our services.

For the avoidance of doubt, OM2 Ventures may share your Personal Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data in our sole discretion and without the need for further approval.

5. Cookies and Tracking Technologies

Our services and some of our Service Providers utilize “cookies”, anonymous identifiers and other tracking technologies which help us provide, secure and improve our services, personalize your experience and monitor the performance of our activities and campaigns.

A “cookie” is a small text file that is used, for example, to collect data about activity on our Site. Some cookies and other technologies serve to recall Personal Data, such as an IP address, previously indicated by the user. While we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, most browsers allow you to control cookies, including whether or not to accept them and to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

6. Communications

Service Communications: we may contact you with important information regarding our services. For example, we may notify you (through any of the means available to us) of changes or updates to our services, billing issues, service changes, password-retrieval notices, etc. You will not be able to opt-out of receiving such service communications.

Notifications and Promotional Communications: we may send you notifications concerning messages and other updates in your user account. We may also send you notifications about new products, features, offerings, events and special opportunities or any other information we think our users will find valuable. We may provide such notices through any of the contact means available to us (e.g. phone, mobile or e-mail), through the services, or through our marketing campaigns on any other sites or platforms.

If you wish not to receive such promotional communications, you may notify OM2 Ventures at any time by e-mailing us at support@exberry.io or by following the “unsubscribe”, “stop” or “change e-mail preferences” instructions contained in the promotional communications you receive.

7. Data Security

In order to protect your Personal Data held with us and our Service Providers, we are using industry-standard physical, procedural and electronic security measures. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties as described in Section 4 above.

8. Data Subject Rights

If you wish to exercise your rights under applicable law (e.g. the EU GDPR) to request access to and rectification or erasure of your Personal Data held with OM2 Ventures, or to port such Personal Data – please contact us at support@exberry.io.

Please note that once you contact us by e-mail, we may require additional information and documents, including certain Personal Data, in order to authenticate and validate your identity and to process your request. Such additional data will be then retained by us for legal purposes (e.g. so we have proof of the identity of the person submitting the request), in accordance with our Data Retention Policy.

9. Additional Notices

Updates and amendments: We may update and amend this Notice from time to time by posting an amended version on our services. The amended version will be effective as of the published effective date. We will provide a 10-days’ prior notice if any substantial changes are involved, via any of the communication means available to us, or on the services. After this notice period, all amendments shall be deemed accepted by you.

External links: While our services may contain links to other websites or services, we are not responsible for their privacy practices, and encourage you to pay attention when you leave our services and to read the privacy notices of each and every website and service you visit. This Notice applies only to our services.

Questions, Concerns or Complaints: If you have any comments or questions about this Privacy Notice or if you have any concerns regarding your Privacy, please contact us at support@exberry.io.