Privacy Policy

Last Updated Date: November 6, 2024

This Privacy Policy ("Policy") describes how Fractal Network Ltd. ("Upshift," "we," "us" or "our") may collect, use and disclose information, and your choices regarding this information. Please read this Policy carefully and contact us with questions at [e-mail].

Applicability of This Policy

This Policy applies to our services, which include the services we provide on our platform, user interface to the Protocol or any other websites, pages, features, mobile applications, or content we own or operate (collectively, the "Sites") or when you use any Upshift API or third party applications relying on such an API, and related services (collectively, the "Services"). If you do not agree with the terms of this Policy, do not access or use the Services, Sites, or any other aspect of our business.

What We Collect​

When you interact with our Services, we may collect:

• Contact Information, such as your email address.

• Financial Information, such as your Ethereum address, cryptocurrency wallet information, transaction history, and associated fees paid.

• Transaction Information, such as information about the transactions you make on our Services, such as the type of transaction, transaction amount, and timestamp.

• Correspondence, such as your feedback, questionnaire and other survey responses, and information you provide to our support teams, including via our help chat.

• Online Identifiers, such as geo location/tracking details, browser fingerprint, operating system, browser name and version, and/or personal IP addresses.

• Usage Data, such as user preferences and other data collected via cookies and similar technologies.

• Information We Get from Others. We may get information about you from other sources as required or permitted by applicable law, including public databases, credit bureaus & ID verification partners. We may combine the information collected from these sources with the information we get from this Site in order to comply with our legal obligations and limit the use of our Services in connection with fraudulent or other illicit activities.

• Information from cookies and other tracking technologies. We, and third parties we authorize, may Sites and mobile apps, and collect information about the use of the Services, as well as about our interactions with you. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, and information about your interactions with the communications we send to you. We may combine this automatically collected log information with other information we collect about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of our Services may not function properly.

How We Use Information​

We use your information in accordance with your instructions, including any applicable terms in the Terms of Use, and as required by applicable law. We may also use the information we collect for:

Providing Services and Features​

We may use the information we collect to provide, personalize, maintain, and improve our products and Services, including as we described in the Terms of Use. This includes using information to:

• operate, maintain, customize, measure, and improve our Services, and manage our business;

• process transactions;

• send information, including confirmations, notices, updates, security alerts, and support and administrative messages; and

• to create de-identified or aggregated data.

Safety and Security​

We may use your information to help maintain the safety, security, and integrity of you and our Services, including to:

• protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;

• monitor and verify identity or service access, combat spam, malware or security risks;

• perform internal operations necessary to provide our Services, including to troubleshoot software bugs and operational problems;

• enforce our agreements with third parties, and address violations of our Terms of Use or agreements for other Services; and

• comply with applicable security laws and regulations.

User Support​

We may use information we collect to provide support, including to:

• direct questions to the appropriate support person;

• investigate and address user concerns; and

• monitor and improve our customer support responses and processes.

Research and Development​

We may use the information we collect for testing, research, analysis, and product development to improve your experience. This helps us to improve and enhance the safety and security of our Services, improve our ability to prevent the use of our Services for illegal or improper purposes and develop new features and products relating to our Services.

Legal and Regulatory Compliance​

We may verify your identity by comparing the personal information you provide against third-party databases and public records. We may use the information we collect to investigate or address claims or disputes relating to use of our Services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.

Direct Marketing​

We may use the information we collect to market our Services to you. This may include sending you communications about our Services, features, promotions, surveys, news, updates, and events, and managing your participation in these promotions and events. If you do not want us to send you marketing communications, please opt out by selecting "unsubscribe" to any marketing email sent by us or by contacting us at [e-mail].

How We Share & Disclose Information​

We may share your information in the following circumstances:

• With Your Consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.

• To Comply with Our Legal Obligations. We may share your information: (A) to cooperate with government or regulatory investigations; (B) when we are compelled to do so by a subpoena, court order, or similar legal procedure; (C) when we believe in good faith that the disclosure of personal information is necessary to prevent harm to another person; (D) to report suspected illegal activity; or (E) to investigate violations of our User Agreement or any other applicable policies.

• With Service Providers. We may share your information with service providers who help facilitate business and compliance operations such as marketing and technology services. Our contracts require these service providers to only use your information in connection with the services they perform for us.

• During a Change to Our Business. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all of your information may be shared or transferred, subject to standard confidentiality arrangements.

• Aggregated or De-identified Data. We may share aggregated and/or anonymized data with others for their own uses.

Data Retention​

To view or update your information, contact us at [e-mail]. We store your information throughout the life of your use of the Protocol and retain your information for a minimum of five (5) years to comply with our legal obligations or to resolve disputes. If you cease using the Protocol, we will neither use your information for any further purposes, nor sell or share your information with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Policy.

Security​

We maintain administrative, technical and physical safeguards designed to protect the personal information we maintain against unauthorized access or disclosure. No system can be completely secure. Therefore, although we take steps to secure your information, we cannot guarantee that your information, searches, or other communication will always remain secure. You are responsible for all activity on the Protocol relating to any of your blockchain network addresses and/or cryptocurrency wallets.

Your Rights

You have various rights in respect of the personal information that we collect, use, disclose and transfer concerning you. These rights are set out below. Should you wish to exercise your rights please contact us at [e-mail].

Right of Access	You are entitled to obtain from us details concerning the processing of your personal information. This includes details of the data being processed, the purposes of the processing, any recipients of that information, the period for which the information is processed, the source of the information (if it is not provided by you), any international transfers of the information and the protections we put in place to protect your information. You are also entitled to details of any automated decision making, including profiling, involving your information. You are entitled to a copy of the personal information we process about you (including in electronic form). Additional copies may be subject to a reasonable administrative fee.
Right to Rectification	You are entitled to have any incomplete and inaccurate personal information held by us rectified.
Right to Erasure ("be forgotten")	In certain circumstances you are entitled to have personal information erased, including where this is no longer necessary for the purposes for which it was collected and/or processed; or you withdraw consent to our use of the information. We may continue processing the information in certain circumstances, including: if there are grounds other than consent for processing the information; where processing is in compliance with a legal obligation or for reasons of public interest; or for the exercise or defence of legal claims. If you request that we erase your personal information we shall advise you if we consider that there are on-going grounds permitting us to continue processing your information.
Right to Restrict Processing	You can ask us to restrict the processing of personal information that Upshift holds if: you contest the accuracy of the personal information we process about you; you consider that the processing is unlawful but you do not want us to erase the information; we do not require to continue processing the information but you wish the information to be retained in connection with a legal claim; or you have objected to the grounds upon which we process the information. Where you have asked us to restrict processing the information we shall only hold, process and erase the information as permitted by you or as permitted by applicable data protection laws. We will advise you if we do not agree with your request to restrict processing and our reasons.
Right to Data Portability	Where you provide personal information to us and consent to us using it and the processing is carried out by automatic means you are entitled to receive a copy of that information in a machine-readable format and for that to be provided to another data controller, where technically possible.
Right to Object	You are entitled to object to Upshift ust collecting, using and otherwise processing your personal information where the basis for the processing is Upshift's legitimate interests or the processing is in the public interest. In such circumstances we shall cease processing your personal information unless: we are legitimately processing the information on a different basis; there are compelling legitimate grounds for continuing to process the personal information; or we are otherwise permitted to process the information under applicable data protection laws. If applicable, we will advise you of the basis upon which Upshift continues to process your personal information. If you are not clear of the ground(s) upon which we collect, use and process your personal information you can ask us to confirm this to you, as part of the Right of Access outlined above.
Right to Withdraw Consent	Where you have given us consent to make use of your personal information for any of the purposes outlined in this Privacy Policy you shall be entitled to withdraw that consent. You may do this by emailing us at [e-mail].
Right to Complain	In the event that you have any questions, concerns or complaints regarding this Privacy Policy or the manner in which Upshift collects, uses and otherwise processes your personal information we shall always seek to address the same promptly and to your satisfaction. However if you consider that we have not done so you are entitled to lodge a complaint to your local supervisory authority. If you are unclear who the appropriate supervisory authority is for you, please contact us at [e-mail].

Age Limitations​

To the extent prohibited by applicable law, we do not allow use of our Services and Sites by anyone younger than the legal age in the jurisdiction in which the user resides. If you learn that anyone younger than the legal age has unlawfully provided us with personal data, please contact us at [e-mail] and we will take steps to delete such information, close any such accounts, and, to the extent possible, prevent the user from continuing to use our Services.

Changes to This Policy​

If we make any changes, we will change the Last Updated date above. We encourage you to review this Policy to stay informed. If we make material changes, we will provide additional notice, such as via the email specified in your account or through the Services or Sites.

Online Tracking Opt-out Guide​

Like many companies online, we use services provided by Google and other companies that use tracking technology. These services rely on tracking technologies-such as cookies and web beacons-to collect directly from your device information about your browsing activities, your interactions with websites, and the device you are using to connect to the Internet. There are a number of ways to opt out of having your online activity and device data collected through these services, which we have summarized below:

• Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

• Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes. Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features.

• Platform opt-outs. The following advertising partner offers opt-out features that let you opt-out of use of your information for interest-based advertising - Google: https://adssettings.google.com. Advertising industry opt-out tools. You can also use the opt-out options set forth below to limit use of your information for interest-based advertising by participating companies. Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use. Digital Advertising Alliance: http://optout.aboutads.info Network Advertising Initiative: http://optout.networkadvertising.org/.

Additional Notice to California Residents (“CCPA Notice”)

The California Consumer Privacy Act of 2018 (“CCPA”) requires certain businesses to provide a CCPA Notice to California residents to explain how we collect, use, and share their personal information, and the rights and choices we offer California residents regarding our handling of their information.

• Privacy Practices. We do not “sell” personal information as defined under the CCPA. Please review the “Sharing and Disclosure of Information” section above for further details about the categories of parties with whom we share information.

• Privacy Rights. The CCPA gives individuals the right to request information about how we have collected, used, and shared your personal information. It also gives you the right to request a copy of any information we may maintain about you. You may also ask us to delete any personal information that we may have received about you. Please note that the CCPA limits these rights, for example, by prohibiting us from providing certain sensitive information in response to access requests and limiting the circumstances under which we must comply with a deletion request. We will respond to requests for information, access, and deletion only to the extent we are able to associate, with a reasonable effort, the information we maintain with the identifying details you provide in your request. If we deny the request, we will communicate the decision to you. You are entitled to exercise the rights described above free from discrimination.

• Submitting a Request. You can submit a request for information, access, or deletion to [e-mail].

• Identity Verification. The CCPA requires us to collect and verify the identity of any individual submitting a request to access or delete personal information before providing a substantive response.

• Authorized Agents. California residents can designate an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming their authority.

Disclosures for European Union Data Subjects

We process personal data for the purposes described in the section titled “How We Use Data” above. Our bases for processing your data include: (i) you have given consent to the process to us or our service provides for one or more specific purposes; (ii) processing is necessary for the performance of a contract with you; (iii) processing is necessary for compliance with a legal obligation; and/or (iv) processing is necessary for the purposes of the legitimate interested pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests.

Your rights under the General Data Protection Regulations (“GDPR”) include the right to (i) request access and obtain a copy of your personal data, (ii) request rectification or erasure of your personal data, (iii) object to or restrict the processing of your personal data; and (iv) request portability of your personal data. Additionally, you may withdraw your consent to our collection at any time. Nevertheless, we cannot edit or delete information that is stored on a particular blockchain. Information such as your transaction data, blockchain wallet address, and assets held by your address that may be related to the data we collect is beyond our control.

To exercise any of your rights under the GDPR, please contact us at [e-mail]. We may require additional information from you to process your request. Please note that we may retain information as necessary to fulfill the purpose for which it was collected and may continue to do so even after a data subject request in accordance with our legitimate interests, including to comply with our legal obligations, resolves disputes, prevent fraud, and enforce our agreements.

Cookies

Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device.

Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.

For information on the cookies used on Upshift's website, please see our Cookie Policy.

Contact information

If you have any questions in relation to this Privacy Policy please contact us at [e-mail].