Valenex

I. Introduction

Valenex Technologies LTDA (“Valenex”), identification number 57.496.587/0001-99, is the company incorporated under the law of the Federative Republic of Brazil and has registered office at Av. Nove de Julho, 3228, São Paulo, Brazil is the responsible party for the processing of Personal Data collected through your access of our Website, Apps and use the Services as per protection laws. Capitalised terms used in this Privacy Policy have the same meanings as those defined in Service Terms of Use and in Lei Geral de Proteção de Dados (“LGPD”).

This privacy policy (“Privacy Policy”) describes how and why we collect, store, use, and manage the information, and data, including Personal Data, that you provide or we collect when you visit our Website, Apps and use the Services. It also tells you how you can access and update and/or data and make certain choices about how personal information and/or data that you provide to us is used.

By accessing our Website, Apps and using the Services, you accept the terms of this Privacy Policy. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access to our Website, Apps or use of the Services.

We reserve the right to update or modify this Privacy Policy from time to time. Such updated or modified versions shall apply from the date of publication on Website and/or in Apps, unless otherwise expressly stated, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to the Website and Apps or use of the Service shall constitute your acceptance of such updates or modifications.

II. How we process your Personal Data

Scope

We only process your Personal Data if this is necessary to provide a functional Website, Apps or to provide you with our Services. The processing of Personal Data only takes place based on the appropriate legal basis and as permitted by law.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website, Apps or otherwise when you contact us. The personal information that we collect depends on the context of your interactions with us and the Website, Apps, the choices you make and the products and features you use.

The personal information we may collect is described below:

Personal Information provided by you

You may provide information about you when you sign up to use Services. This also includes information you provide through your continued use of our Services, enter a competition, promotion or survey, and when you report a problem with our Services. The information you give us include your name, address, e-mail address, Wallet address, phone number, financial information (including credit card, debit card, or bank account information), geographical location, social security number, personal description and photograph.

We may also need additional commercial and/or identification information from your e.g. if you send or receive certain high-value or high volume transactions or as needed to comply with our anti-money laundering obligations under Applicable Law.

In providing personal data of any individual (other than yourself) to us during your use of our Services, you warrant and represent that you have obtained consent from such individual to disclose his/her personal data to us, as well his/her consent to our collection, use and disclosure of such personal data, for the purposes set out in this Privacy Policy.

With regard to your use of our Services we may automatically collect the following information:

a) details of the transactions you carry out when using our Services, including geographic location from which the transaction originates;

b) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

c) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website; products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer support number.

Information collected from other sources:

We may receive information about you if you use any of the other websites we operate or the other Services we provide. We are also working closely with third parties and may receive information about you from them. For example:

a) The banks you use in the Service will provide us with your basic personal information, such as your name and address, as well as your financial information such as your bank account details;

b) Partners may provide us with your data;

c) Advertising networks, analytics providers and search information providers may provide us with pseudonymised information about you, such as confirming how you found our Website;

d) We may engage a Partner to carry out KYC and AML procedures, including information and documentation collection and processing.

e) We may collect and process information about you from publicly accessible sources or governmental and other databases.

Legal basis for processing under LGPD

We use the following legal bases when processing your Personal Data.

Processing necessary for the performance of the contract between you and us or in order to take steps at your request prior to entering into a contract with us

We may process data on this basis for the following purposes:

To create and manage Client accounts, ensuring access to the Website, Apps and Services.
To manage Wallet addresses.
To facilitate operations in the scope of Services provided;
To send necessary updates or notifications regarding Services, Account activities, or any changes to Terms of Use;
To provide customer support and address Client inquiries related to Website, Apps and Services usage.

Processing necessary for compliance with legal obligations

We may process data on this basis for the following purposes:

To ensure compliance with applicable AML/CFT Requirements;
To implement age restrictions in accordance with applicable laws;
To comply with other relevant laws, regulations, and legal obligations as required;
To conduct customer due diligence procedures as mandated by laws governing the intended business relationship;
To respond to lawful requests, such as subpoenas or court orders, and cooperate with regulatory investigations;
To maintain records for audit, compliance, and regulatory reporting purposes.
To compile and submit required reports to regulatory authorities.

Processing necessary to protect our legitimate interests

We may process data on this basis for the following purposes:

To identify and prevent fraudulent activities;
To implement security measures that protect funds and sensitive information;
For analytics to improve the Website, App and Services functionality and Client experience;
To analyse and improve the functionality and performance of the Website, Apps, and Services;
To measure the effectiveness of marketing campaigns and refine strategies to enhance engagement and retention.

Processing based on your consent

We may process data on this basis for the following purposes:

To conduct surveys, feedback requests, and other research to understand Client preferences and improve Services;
To personalise and optimise the Client experience across different marketing channels, such as email, social media, and in-app notifications;
To provide newsletter and other information feed;
To measure the effectiveness of marketing campaigns and refine strategies to enhance engagement and retention;
To organise and manage promotional events, contests, and loyalty programs;
To conduct targeted advertising based on anonymized or aggregated data that aligns with Client preferences;
To offer personalised Services, content, and recommendations based on Client interactions and preferences;
To share specific information with third-party Partners for integrated services;
To process biometric data in the scope of KYC in order to fulfil AML/CFT Requirements.

III. Automated Data Processing and Cookies

Automated Data Processing

Every time you visit our Website, our system automatically collects data and information about the computer system you used to access our Website. This means that we may use technology that can evaluate your personal circumstances and other factors to predict risks or outcomes. This is sometimes known as profiling. We do this for the efficient running of our services and to ensure decisions are fair, consistent and based on the right information.

The following data may be collected:

Internet Protocol (IP) address used to connect your device to the Internet;
Login information;
Browser type and version;
Time zone setting;
Browser plug-in types and versions;
Operating system and platform;
Date, time, and activity in the Services;
Domain name;
Software and hardware attributes (e.g., camera name and type);
General geographic location (e.g., city, country) from your device
Websites from which your system reaches our Website;
Websites accessed by the Client’s system via our Website.

The data is also stored in the log files of our system. This data is not stored together with your other Personal Data.

The data is stored in log files serves the purpose of ensuring the functionality of the Website. In addition, the data serves us to optimise the Website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

For data processing subject to LGPD, the legal basis for the temporary storage of data and log files is our legitimate interests or consent.

Automated Decision Making

We may use technology that can evaluate your personal circumstances and other factors to predict risks or outcomes. This is sometimes known as profiling. We do this for the efficient running of our services and to ensure decisions are fair, consistent and based on the right information.

We may make automated decisions about you that relate to:

Opening Accounts;
KYC, anti-money laundering and sanctions checks;
Identity and address checks;
Detecting fraud;
Monitoring your Account to detect financial crime.

Our legal basis is one or more of the following:

keeping to contracts and agreements between you and us
legal obligations
legitimate interests (to develop and improve how we deal with financial crime and meet our legal responsibilities)

The Client has the right to request a review of decisions taken solely on the basis of automated processing of personal data affecting his/her interests.

In order to guarantee an optimal level of usability and performance and to ensure relevance of promoted Service, we use cookies and similar technologies in order to track the interaction of Clients with the Website and Apps. This section explains the different types of cookies that may be set when the Client uses the Website and Apps, helping to understand and manage them as he/she wishes.

A cookie is a small file that is stored locally at the Client’s technical device as soon as the App is being used and/or the Website being visited. Cookies function by saving particular sets of data, such as, for example, the Client’s language selection, version of browser, the type of operating system used, device characteristics and the IP address of the connected device used. Should the Client visit the Website and/or open the App again later, a cookie will transmit this data back to the Website and App. The cookies don't store personal information like the Client’s name or address

Types of Cookies

We use different types of cookies:

Session cookies only last only while the Client is visiting the Website and/or using the App and help the Website and the App to learn more about Client’s behavior during a single session and to help the Client to use the Website and the App more efficiently.
Persistent cookies have a longer lifespan and aren't automatically deleted when the Client leaves the Website or closes the App. These cookies are primarily used to help the Client to sign-in again quickly, for security and analytical purposes. The Website and the App do not use any information whilst the Client is logged off.
We use first-party cookies that is when the cookies are placed on the Client’s device directly by the service. For example, first-party cookies are used to adapt the App to the language preferences and analyse user experience of the Client.
Third-party cookies are placed on the Client’s device by our partners and service providers.
Necessary cookies. These cookies are strictly necessary to provide the Client App’s services.
Authentication cookies. These persistent cookies help the Service to identify the Clients so that the Client could log in automatically.
Analytics cookies. These cookies help us to understand how the App is being used, and help to customise and improve the service.
Advertising cookies. These cookies are used to make advertising messages more relevant to the Client. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, selecting advertisements that are based on the Client’s interests and measuring the number of ads displayed and their performance, such as how many people clicked on a given ad.
Social networking cookies. These cookies are used to enable the Client to connect the Client’s account to third party social networks.

The Client can at any time reset device identifiers by activating the appropriate setting on his/her mobile device. The procedure for managing device identifiers is slightly different for each device.

The data processed by cookies for the aforementioned purposes, when this data is recognized as a personal, is processed for the purposes provided in this Privacy Policy.

IV. Data Sharing

Disclosure of Your Data

We may disclose your personal information with selected third parties including:

a) Partners, involved in Service provision for the performance and execution of any agreement we enter into with them or you;

b) Advertisers and advertising networks solely to select and serve relevant adverts to you and others; and

c) Analytics and search engine providers that assist us in the improvement and optimization of the Website and Apps.

d) KYC providers. We may engage third party providers in order to carry out Client's identification and verification. In most cases they act as data processors on the basis of the processing agreement.

We also may disclose your personal information to third parties:

in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Service Terms of Use and other applicable agreements, or to protect the rights, property, or safety of Valenex, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
to assist us in conducting or co-operating in investigations of fraud or other illegal activity where we believe it is reasonable and appropriate to do so;
to prevent and detect fraud or crime;
in response to a subpoena, warrant, court order, or as otherwise required by law;
to assess financial and insurance risks;
to recover debt or in relation to your insolvency; and
to develop customer relationships, services and systems.

International Transfers

Some or all of your personal data may be transferred abroad, for example when it is stored by Valenex on cloud computing servers located outside Brazil. To this end, Valenex will take the necessary measures to ensure that there are adequate guarantees for the protection of your Personal Data in accordance with the LGPD and in compliance with the protections described in this Policy.

V. Your Rights

You have the following rights under the applicable data protection laws:

Confirmation of the existence of processing and Access. The right to know whether your Personal Data is being processed, right to get information regarding processing of Personal Data, right to request a copy of Personal Data being processed. The right to request information about public and private entities with which we have shared data.

Rectification (correction). The right to correct your Personal Data in a situation when such data available to us or disclosed to third parties is inaccurate or incomplete.

Anonymization, blocking or deletion of data that is unnecessary, excessive or processed in breach of the LGPD. If any personal data is processed unnecessarily, excessively for its intended purpose or in non-compliance with the LGPD, you can request that Valenex anonymize, block or delete this data, provided that it is effectively established, after internal verification, that it is excessive, not necessary or in non-compliance with the law.

Data portability. The right to request for the portability of data to another service or product provide, in accordance with the regulations of the national authority, subject to commercial and industrial secrets.

Deletion. The right to request deletion of Your Personal Data from our database so that the we are not able to continue processing and storing of such data, with exceptions, provided in applicable law.

Withdraw consent. Right to withdraw consent to processing of your Personal Data by us or third parties to which we have previously disclosed your Personal Data.

Object. The right to object to processing of your Personal Data in a case when the corresponding processing is not performed on the basis of your consent or in case of non-compliance pf processing with the provisions of LGPD.

Automated decisions. You may request a review of decisions made solely based on automated processing of personal data that affect your interests and an indication of the criteria used for these decisions. For reasons of business secrecy, Valenex does not provide information on how these automated systems operate. It is important to highlight that Valenex does not guarantee a result different from the first decision, but we can guarantee that our technological models are consistent and based on legal and ethical principles.

Lodge a complaint. If you wish to raise a complaint about how we are using your information, exercise any of the rights set out above, or if you have any questions or comments about privacy issues, you can contact us by:

writing to the Data Protection Officer, Valenex Technologies LTDA, Av. Nove de Julho, 3228, São Paulo, Brazil; or
sending an email to privacy@_________.

You can also complain to the The National Data Protection Authority, which regulates and supervises the use of personal data in the Federative Republic of Brazil, on +55 (61) 3411-596 or send an email to anpd@anpd.gov.br.

VI. Security measures

We have implemented reasonable technical and organisational precautions to protect the confidentiality, security and integrity of your personal information from accidental or unlawful destruction, loss, alteration, disclosure, or unauthorised access. We cannot guarantee the security of information transmitted to us over the internet.

While we strive to maintain high standards of data security, it is important to understand that no system is completely immune to risks. Therefore, we cannot fully guarantee the security of information transmitted over the internet, and we recommend taking your own precautions to protect your data when using our services.

VII. Retention period of personal data

We only store your Personal Data for as long as necessary to serve the purpose of the processing and we delete Personal Data or block access to it as soon as such purpose ceases to apply.

We seek to ensure that we only keep your personal data for the longest of:

● the period necessary for the relevant activity or services;

● any retention period that is required by law; or

● the period in which litigation or investigations might arise in respect of the services.

Furthermore, Personal Data may be stored if this has been provided for by the applicable law (for example for book keeping or mandatory archiving purposes). The data will also be blocked or deleted if a storage period prescribed by the applicable law expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

We are required to keep certain personal data for specified time periods by KYC, anti-money laundering, banking and e-money laws. In line with such laws, regulated financial companies are obliged to store the User's data up to ten years after the termination of the relationship with the client or the date of the occasional transaction.

Where we independently define the compatible purposes or are under a legal obligation, Personal data will be destroyed after our purposes for collecting the personal data have been satisfied or after five (5) years from the provision of data to the Sumsub system, whichever occurs first.

VII. Changes to our Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated Privacy Policy on the Website. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

VIII. How to contact us

If you have any questions about this Privacy Policy, or implement your rights, you can contact us by email: privacy@_________.