From 587cf529355c0dfa0f888c8aecbf741e935b9489 Mon Sep 17 00:00:00 2001
From: blackpanther1881 Chain TVL
$
+ $
IBC volume (30 Days)
- Persistence is an app chain for Liquid Staking powering an ecosystem
- of DeFi applications focused on unlocking the liquidity of staked assets.
+ Persistence is an app chain for Liquid Staking powering an
+ ecosystem
+
+ of DeFi applications focused on unlocking the liquidity of staked
+ assets.
Terms of use
+Last Updated Date: 3 November 2023
++ Please review these Terms of Use of Persistence products (the “ + Terms”) carefully, as they set forth legally binding terms + and conditions between you and the Company (as defined below) that + govern your access and/or use of: (a) the website located at + https://persistence.one/ and its associated domains (collectively, + the “Website”); (b) the Persistence Supported Products (as + defined below); and (c) the Persistence Chain (as defined below), + including related trademarks, and other intellectual property (all + the products collectively described in the foregoing of this + Paragraph, including the Website and Supported Wallet (as defined + herein), the “Persistence Products”), whether such access + and/or use is via (i) the Website (“Website Access”) or + (ii) command line, locally installed programs, Software + Development Kits (“SDK”), software code and blockchain and smart + contract explorers (collectively “Direct Access”). These + Terms are to be read together with the provisions set forth in our + privacy policy found at{" "} + + https://persistence.one/privacy + {" "} + (“Privacy Policy”). +
++ By accessing and/or using any Persistence Product or by receiving + any Communication (as defined herein) related to any Persistence + Product, you (“you” or the “User”) agree to these + Terms on behalf of yourself and any entity you represent, and you + represent and warrant that you have the right and authority to do + so. +
++ + The Persistence Products are not intended for (a) access and/or + use by Excluded Persons (as defined below); or (b) access and/or + use by any person or entity in, or accessing or using the + Persistence Products from, an Excluded Jurisdiction. + Accordingly, Excluded Persons (as defined below) should not + access and/or use the Persistence Products. + +
++ You are entering into these Terms with Persistence Enterprise + Solutions Pte. Ltd. (“Company”), an entity formed under the laws + of the Republic of Singapore and the Persistence Products are + copyrighted works belonging to the Company and/or its Affiliate(s) + (each of User and Company, a “Party”, and collectively, the + “Parties”). +
++ You acknowledge that you shall be deemed to have accepted these + Terms by accessing and/or using Persistence Products–whether by + Website Access or Direct Access. +
++ Company reserves the right to change these Terms in its sole + discretion from time to time. The “Date Last Revised” specified on + these Terms indicates the date on which the Terms were last + changed. You will be notified of those changes and given the + opportunity to review and accept the updated Terms when you next + access and/or use Persistence Products. Your acceptance of, and/or + your continued access and/or use of Persistence Products following + notice of, the updated Terms shall indicate your acknowledgement + of, and agreement to be bound by, such updated Terms. +
++ By using Persistence Products (which for the purposes hereof + includes but is not limited to accessing the Website), you + acknowledge and agree that you are dealing solely with the Company + as counterparty in respect of your use of Persistence Products, + which shall supersede and replace all prior agreements and + counterparty relationships entered into with any of the Company’s + Affiliates in respect of such use. +
++ 1. Overview of Persistence Products +
++ 1.1 Persistence Chain is a decentralised open-source layer one + blockchain network that is maintained by a network of + decentralised nodes (including validators). +
++ 1.2 For purposes hereof, any software, application, integration, + token (including but not limited to Supported Wallet, the + Token(s)) or infrastructure which allows for interaction with + the Persistence Chain that is supported by the Company shall for + the purposes hereof be referred to as a “Persistence Supported + Product” and “Persistence Supported Products” shall be construed + accordingly. +
+1.3 For purposes of these Terms:
+a reference to:
+1.4 Website Access :
++ 1.5 Direct Access. With the necessary technical + expertise, it is possible for a User to generate transaction + messages to interact with the Persistence Chain via Direct + Access directly without use of the Website. Company is not + involved in and has no oversight of any Direct Access and + expressly disclaims all responsibility, and User acknowledges + that Company and its Affiliates shall have no responsibility for + any loss occasioned to a User by or attributable to Direct + Access. +
++ 1.6 Persistence Chain. +
+1.7 Transaction Fees.
++ Non-circumvention. You agree not to do anything, including the + use of any technology such as virtual private networks (VPN) for + the purposes of circumventing these Terms. +
++ Sole and exclusive use of IP address: You shall not use another + person’s IP address and neither will you allow another person to + use your IP address associated with your use of Persistence + Products. You hereby declare and represent that the IP address + associated with your use of Persistence Products is unique and + exclusive to you and shall remain as such. +
++ 2. Using Persistence Products +
+2.1 Persistence Chain
++ + The Company and its Affiliates shall have no responsibility + for any loss occasioned to such User who shall have no claim + against Company and its Affiliates in respect thereof. + +
++ 3. Representations and Warranties +
++ 3.1 In accessing and/or using any Persistence Product (including + interacting with the Persistence Chain using Supported Wallet), + User makes the following representations and warranties: +
++ {" "} + Each and all of User’s above representations and warranties are + true, complete, accurate and not misleading from the time of + User’s acceptance of these Terms and are deemed repeated each + time User uses Persistence Products. +
++ 3.2{" "} + + By accessing and/or using Persistence Products, User + acknowledges and accepts that the Persistence Associated + Entities shall not be liable to User for the deployment and + maintenance of Persistence Products and/or any malfunction + thereof. + +
++ 3.3 Company may, in its sole discretion, modify or discontinue + support (to the extent it is able to or practically able to) for + Persistence Products at any time. +
++ 3.4 User shall be responsible for obtaining the data network + access necessary to use and/or access Persistence Products, and + for acquiring compatible hardware or device necessary to access + and use Persistence Products and any updates thereto. +
++ 3.5 Use of Persistence Products may be disrupted as a result of + malfunction and/or delays which are inherent to the use of the + internet and electronic communications, and User agrees that the + Persistence Associated Entities shall not be responsible for any + such disruption, malfunction and/or delay, and any loss which + may arise therefrom. +
++ 3.6 The Website and its contents are our property or the + property of our licensors and are protected by copyright, + trademark, patent and other applicable laws. User is permitted + to download and print content from the Website solely for such + User’s own personal use to the extent required to access and use + the tools and information made available via the Website. Unless + with our prior written consent, the Website and its contents + must not be reproduced, modified, redistributed or otherwise + used for any other reason.{" "} +
++ 3.7 User shall not modify, adapt or hack the Website and/or + Persistence Products, or modify any other website and/or + protocol so as to falsely imply that such other website and/or + protocol is associated with the Website and/or Persistence + Products and/or its Affiliates (as defined below) in any way. + User shall not crawl, scrape, cache or otherwise access any + content from the Website via automated means, and User shall not + use automated data collection, data mining, robots or any other + data gathering methods of any kind on the Website and/or + Persistence Products. +
++ 3.8 User may, through hyperlinks displayed on the Website, gain + access to websites operated by persons other than the Company. + Such hyperlinks are displayed only for User’s convenience, and + we assume no responsibility for the use of any third-party + software or other materials on the Website. +
++ 4. Excluded Person and Excluded Jurisdiction +
+For purposes of these Terms:
++ 4.1 “Excluded Jurisdiction” means any of the following + jurisdictions: +
++ 4.2 “Excluded Persons” refers to the following: +
+4.2.1 a person who is:
+4.2.2 a body corporate:
++ 4.2.3 an individual or body corporate accessing and/or using + Persistence Products from within an Excluded Jurisdiction; +
++ 4.2.4 an individual or body corporate included in United Nations + Consolidated List (accessible at + + https://www.un.org/securitycouncil/content/un-sc-consolidated-list); + {" "} +
++ 4.2.5 an individual or body corporate which is otherwise + prohibited or ineligible in any way, whether in full or in part, + under any laws applicable to such individual or body corporate + from accessing and/or using Persistence Products; and/or +
+4.2.6 a U.S. person.
+4.3 “U.S. person” means:
+but does not include :
++ 5. Prohibited Use +
++ User shall not, directly or indirectly: +
++ 5.1 access and/or use Persistence Products: +
++ 5.2 apermit others to access Persistence Products through User’s + wallet or a blockchain address User controls or otherwise engage + in transactions using Persistence Products for any person other + than the wallet owner; +
++ 5.3 disrupt, interfere with, or otherwise adversely affect the + normal flow or function of Persistence Products or otherwise act + in a manner that may negatively affect other users’ experience + when using Persistence Products, and User shall not take + advantage of software vulnerabilities and any other act that + intentionally abuses or exploits the design and functions of + Persistence Products; +
++ 5.4 engage in, or knowingly facilitate, any fraudulent, + deceptive, or manipulative transaction activity in connection + with User’s use of Persistence Products; +
++ 5.5 engage in, or knowingly facilitate, any money laundering, + terrorist financing, or other illegal activities using + Persistence Products; +
++ 5.6 access or attempt to access non-public systems, programs, + data, or services using Persistence Products; +
++ 5.7 copy, reproduce, republish, upload, post, transmit, resell, + or distribute in any way, any data, content, or any part of + Persistence Products except as expressly permitted by applicable + laws; and +
++ 5.8 reverse engineer or attempt to reverse engineer Persistence + Products except as expressly permitted by applicable law, + (collectively, “Prohibited Uses”). +
++ 6. Waivers +
++ 6.1 User agrees and acknowledges that neither the Company nor + any of our Affiliates (as defined below) shall be liable to User + for any direct, indirect, special, incidental, consequential or + other losses of any kind, in tort, contract or otherwise + (including but not limited to loss of revenue, income or + profits, and loss of use or data), arising out of or in + connection with User’s access and/or use of Persistence + Products. +
++ 6.2 User undertakes not to initiate or participate, and waives + the right to participate in, any class action lawsuit or a + class-wide arbitration against Company and/or our Affiliates in + relation to User’s access and/or use of Persistence Products. +
++ 6.3 By accepting these Terms, User waives all rights, claims + and/or causes of action (present or future) under law (including + any tortious claims) or contract against the Persistence + Associated Entities and its Affiliates in connection with User’s + access and/or use of Persistence Products. +
++ 7. Termination +
++ 7.1 These Terms shall remain in full force and effect and be + legally binding on User for so long as User accesses and/or uses + Persistence Products. +
++ 7.2 The Persistence Associated Entities may restrict, suspend + and/or terminate User’s access and/or use of Persistence + Products at any time for any reason and to such extent at + Persistence Associated Entities’ sole discretion. +
++ 7.3 Neither the Company nor any of our Affiliates will have any + liability whatsoever to User for any such restriction, + suspension and/or termination or for any action taken by the + Company and/or any of our Affiliates to implement such + restriction, suspension and/or termination which can include + blacklisting User’s Supported Wallet which User uses to access + and/or use Persistence Products. +
++ 7.4 Sections 3 to 10 of these Terms shall remain in effect in + favour of the Company and its Affiliates (as the case may be) + notwithstanding any such restriction, suspension and/or + termination. +
++ 8. Disclaimer +
++ 8.1 In accessing and/or using Persistence Products, User + acknowledges and agrees that: +
++ 8.2 THE PERSISTENCE ASSOCIATED ENTITIES DOES NOT ENDORSE ANY + THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY + TRANSACTIONS YOU ENTER INTO WITH ANY OTHER THIRD PARTY. +
++ 8.3 YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY + OF ITS AFFILIATES WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES + OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN + YOU AND ANY THIRD PARTY. +
++ 9. Limitation of Liability +
++ 9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL + THE COMPANY AND/OR ANY OF OUR AFFILIATES BE LIABLE TO USER OR + ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY + INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR + PUNITIVE DAMAGES ARISING OUT OF USER’S ACCESS AND/OR USE OF + PERSISTENCE PRODUCTS, EVEN IF THE COMPANY AND/OR ANY OF ITS + AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. +
++ 9.2 USER’S ACCESS TO AND/OR USE OF PERSISTENCE PRODUCTS IS AT + USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY + RESPONSIBLE FOR ANY DAMAGE TO USER’S DEVICE OR COMPUTER SYSTEM, + OR LOSS OF DATA RESULTING THEREFROM. +
++ 9.3 NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES SHALL BE + LIABLE TO USER FOR ANY LOSS OR DAMAGE ARISING OUT OF USER’S + FAILURE TO KEEP USER’S PRIVATE KEYS OR LOGIN CREDENTIALS TO + USER’S WALLET SECURE OR ANY OTHER UNAUTHORIZED ACCESS TO OR + TRANSACTIONS INVOLVING USER’S WALLET. +
++ 9.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, + NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE + LIABILITY OF THE COMPANY AND/OR ANY OF OUR AFFILIATES TO USER + FOR ANY CLAIM BY USER FOR DAMAGES ARISING FROM OR RELATED TO + USER’S ACCESS AND/OR USE OF PERSISTENCE PRODUCTS: +
{" "} ++ {" "} + WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF USD100. THE + EXISTENCE OF MORE THAN ONE CLAIM BY USER WILL NOT ENLARGE THIS + LIMIT. +
++ 10. Indemnification +
++ 10.1 User shall indemnify and hold the Company and/or any of our + Affiliates, each of their respective employees, officers, + directors and representatives (collectively, “Indemnified + Party”), harmless, including costs and attorneys’ fees, from any + loss, claim or demand made due to or arising out of: +
++ 10.2 The relevant Indemnified Party reserves the right, at + User’s expense, to assume the exclusive defence and control of + any matter for which User is required to provide + indemnification, and User agrees to cooperate in the defence of + these claims. User shall not settle any matter without the prior + written consent of the relevant Indemnified Party. The relevant + Indemnified Party will use reasonable efforts to notify User of + any such claim, action or proceeding upon becoming aware of it. +
++ 11. Tax Implications +
++ User is solely responsible for determining the tax implications + and tax reporting requirements associated with transactions User + engages in using Persistence Products, and for paying any + applicable taxes in each applicable jurisdiction. Neither the + Company nor any of our Affiliates shall be responsible for + determining whether there are tax implications in connection + with transactions involving User’s use of Persistence Products, + for reporting any such transactions, or for paying any + applicable taxes. +
++ + 12. Potential Risks Associated with Use of Persistence Products + +
++ User acknowledges and agrees to the following: +
++ 12.1 Persistence Products allows User access to the Persistence + Chain to engage in aforementioned activities on User’s own + account and at User’s own risk. +
++ 12.2 Using digital assets, staking, running nodes, providing + liquidity and/or other forms of interfacing with digital assets + entails a high financial risk. User has necessary experience and + knowledge to understand the risks involved. User should + carefully assess User’s financial circumstances and risk + tolerance and where appropriate, seek third party financial + advice before engaging in the aforementioned activities. +
++ 12.3 Nothing in these Terms or the Website shall be construed + as: +
++ 12.4 Like all software, Persistence Products may be subject to + exploits, accordingly, neither the Company nor any of its + Affiliates shall be responsible to User any such exploits or + loss to User as a result of such exploits, whether foreseeable + or not. +
++ 12.5 While the Company has taken a number of precautions to + ensure the security of Persistence Products including obtaining + or procuring the obtaining of third-party security audits, the + technology constituting Persistence Products, and their + interaction, is relatively new and it is not possible to + guarantee that the code is completely free from bugs or errors. +
++ 12.6 User accepts all risks that arise from User’s access and/or + use of Persistence Products, including and not limited to, the + risk of any of Tokens being lost due to a failure or exploit of + Persistence Products. +
++ 12.7 User is solely responsible for securing the private keys + associated with any Supported Wallet which User uses when + accessing and/or using Persistence Products. +
++ 12.8 User understands that anyone who obtains User’s private + keys to User’s Supported Wallet and/or access to User’s device + containing such private keys, may access User’s Supported Wallet + controlled with those private keys with or without User’s + authorisation and may transfer any Tokens accessible through + User’s Supported Wallet. +
++ 12.9 In choosing to access and/or use Persistence Products, User + does so on User’s own initiative and at User’s own risk, and + User is responsible for complying with all applicable local + laws, rules and regulations relating to User’s access and/or use + of Persistence Products. +
++ 12.10 Support for the Persistence Products may be modified or + discontinued at any time in Persistence Associated Entities’ + sole discretion. +
++ 12.11 In the event of a change in the operating rules or other + features of the relevant code (“Fork”) that may result in more + than one version of a network (“Forked Network”) and more than + one version of a digital asset (“Forked Asset”), Persistence + Products may not support activity related to any Forked Assets. + Forked Networks and the available supply of any Forked Assets + are wholly outside Persistence Associated Entities’ control. In + the event of a Fork, Persistence Associated Entities may + temporarily suspend certain services on the Website (with or + without advance notice to User) while it is determined which + Forked Network(s) to support. Persistence Associated Entities + shall not be responsible for a lack of support for any Forked + Asset. +
++ 12.12 By using Persistence Products, User is using Persistence + Products “as is” and “as available” with no representations or + warranties whatsoever. To the maximum extent permitted by law, + neither the Company nor any of its Affiliates makes any express + or implied representations and warranties, including implied + representations or warranties of accuracy, merchantability, + fitness for a particular purpose and non-infringement in + relation to Persistence Products. Neither the Company nor any of + its Affiliates is responsible or liable for any error, delay or + interruption in or lack of access to Persistence Products or for + any loss of digital assets (including but not limited to Tokens) + occasioned by or attributable to Persistence Products. +
++ 12.13 Any acquisition, holding or disposal by you of Tokens is + solely in relation to your participation in governance of + Persistence Chain and not for any other purpose, including + investments. You further acknowledge and agree not to acquire, + hold, and/or dispose Tokens if doing so is prohibited or subject + of compliance in the relevant jurisdiction applicable including + circumstances where your interaction in Tokens results in Tokens + and/or your activities associated with Tokens be construed by + applicable laws and regulations (including but not limited to + securities laws) as a regulated activity, whether or not such + regulations require the Company and/or its Affiliates be + registered, licensed or approved in connection with the + activities described in the foregoing of this Section 12.13 or + the Activities. +
++ 12.14 There are inherent risks associated with distributed + ledger technologies and blockchain-based networks which are + experimental in nature. Transactions based on such technologies + are generally immutable, which means that any error may result + in transactions being irreversible. +
++ 12.15 Support for the Activities whether provided by the Company + or otherwise, may be impacted by regulatory actions which may + disrupt, limit or cease the provision of such support. +
++ 12.16 The disclaimers and warnings contained in these Terms do + not constitute all possible risks associated with the use of + Persistence Products. They also do not represent an on-going + obligation to alert you to all the potential risks associated + with the Activities. +
++ 12.17 While the intent is to provide timely and accurate + information, you acknowledge that the Website and any other + web-landing page or interface associated with Persistence + Products, including the Persistence Documentation may not always + be accurate, complete, or up to date. You acknowledge that it is + your responsibility to verify all information before relying on + it. No representation in respect of such information is made as + to the constant accuracy, completeness or appropriateness for + any particular purpose. +
++ 13. Electronic Communications +
++ 13.1 The communications between User and the Company shall be + via electronic means, either through the Website or electronic + mail. +
++ 13.2 For contractual purposes, User: +
++ 14. General +
++ 14.1 Entire Terms These Terms (read together with our + Privacy Policy) constitute the entire agreement between User and + the Company regarding User’s access and/use of Persistence + Products. +
++ 14.2 Relationship of Parties: Nothing contained in these + Terms will be deemed to be construed as creating a partnership + or an agency relationship or joint venture between User, the + Company and/or any of our Affiliates. +
++ 14.3 Assignment: These Terms, and User’s rights + thereunder, may not be assigned, without the Company’s prior + written consent, and any attempted assignment, subcontract, + delegation, or transfer in violation of the foregoing will be + null and void. The Company may freely assign these Terms and our + respective rights thereunder. +
++ 14.4 Waiver: A waiver by the Company of any right or + remedy under these Terms shall only be effective if it is in + writing, executed by a duly authorized representative of the + Company and shall apply only to the circumstances for which it + is given. Failure of the Company to exercise or enforce any + right or remedy under these Terms shall not operate as a waiver + of such right or remedy, nor shall it prevent any future + exercise or enforcement of such right or remedy, and no single + or partial exercise of any right or remedy shall preclude or + restrict the further exercise of any such right or remedy or + other rights or remedies. +
++ 14.5 No Third-Party Rights: Save for the Company’s + Affiliates who shall have the rights and benefits to the extent + accorded thereto under these Terms, any person who is not a + Party shall have no right under the Contracts (Rights of Third + Parties) Act 2001 of Singapore to enforce any of these Terms. +
++ 14.6 Governing Law and Jurisdiction: The agreement as + shall be constituted by User’s acceptance of these Terms, and + any dispute or claim arising out of or in connection with the + subject matter or formation (including non-contractual disputes + or claims) of such agreement, shall be governed by and construed + in accordance with the law of Singapore. The Parties agree that + any dispute or claim arising out of or in connection with the + subject matter or formation (including non-contractual disputes + or claims) of these Terms shall be by arbitration, and judgment + upon the award may be entered by any court having jurisdiction + thereof or having jurisdiction over the relevant Party or its + assets. The arbitration shall be conducted under the rules of + the Singapore International Arbitration Centre (“SIAC”). The + arbitral tribunal shall consist of a sole arbitrator to be + appointed by the President of the SIAC. The seat of the + arbitration shall be Singapore. The language of the arbitration + shall be English. The arbitration agreement shall be governed by + Singapore law. +
++ 14.7 Severability: If any provisions of these Terms are + found by any court or tribunal of competent jurisdiction to be + invalid, void, unlawful or unenforceable under any applicable + law, such unenforceability or invalidity shall not render these + Terms unenforceable or invalid as a whole, and such provisions + shall be deleted without affecting the remaining provisions + herein. +
+Privacy Policy
+Last Updated Date: 26 October 2023
++ 1. ABOUT THIS POLICY +
++ 1.1 This is the Privacy Policy for Persistence Enterprise + Solutions Pte. Ltd. (collectively referred to herein as “ + PESPL”, “us”, “we” or “our”). +
++ 1.2 This Privacy Policy describes how we may collect, use, + disclose and process your personal data when you: +
++ 1.3 We will only use your personal data where you have given us + your consent or where we have other lawful basis for doing so, + and in the manner set out in this Privacy Policy. +
++ 1.4 By providing us with personal data, you acknowledge that our + collection, use, disclosure and processing of personal data will + be in accordance with this Policy, including, for the avoidance + of doubt, the cross-jurisdictional transfer of your data. DO NOT + provide any personal data to us if you do not accept this + Privacy Policy. +
++ 1.5 This Privacy Policy supplements but does not supersede or + replace any consents you may have provided to us, or any other + agreements or arrangements that you may have with us, in respect + of your personal data. +
++ 1.6 Our Applications may contain links to other websites that + are not owned or maintained by us. These links are provided only + for your convenience. You may also be accessing our Applications + through third party websites and/or platforms. This Privacy + Policy only applies to our Applications. When visiting these + third party websites, their privacy policies apply. +
++ 1.7 If you have any feedback or issues in relation to your + personal data, or about this Privacy Policy, or wish to make a + complaint to us, you may contact our Data Protection Officer at + : Email : hello@persistence.one This does not affected your + statutory rights. For example, if the GDPR applies to you, you + may also have a right to lodge a complaint with a European + supervisory authority, in particular in the Member State in the + European Union where you are habitually resident, where you work + or where an alleged infringement of Data Protection law has + taken place. When you contact us, we may require that you submit + certain forms or provide certain information, including + verification of your identity, before we are able to respond. +
++ 2. AMENDMENTS TO THIS PRIVACY POLICY +
++ We may amend this Privacy Policy from time to time without + notice to you, in compliance with applicable laws or as we + update our data usage and handling processes. The updated policy + will supersede earlier versions and will apply to personal data + provided to us. The updated Privacy Policy will take effect when + made available on{" "} + + https://persistence.one/privacy + {" "} + (“Privacy Policy”). +
++ 3. WHAT PERSONAL DATA WE COLLECT +
++ 3.1 What is personal data. “Personal data” is data that + can be used to identify a natural person. Examples of personal + data include wallet addresses, and user-specific information for + analytical purposes, email addresses and any other information + of a personal nature. +
++ 3.2 Voluntary provision of personal data. We may collect + personal data (1) that you voluntarily provide to us; or (2) + from third parties; or (3) through your use of our (or our + services provider’s) digital technologies and services (Please + see Section 4 How We Collect Personal Data for further details). + What personal data we collect depends on the purposes for which + the personal data is collected and what you have chosen to + provide. When our collection is based on consent, you can choose + not to provide us with personal data. You also have the right to + withdraw your consent for us to continue collecting, using, + disclosing and processing your personal data, by contacting us + in accordance with paragraph 1.7. However, if you do so, it may + not be possible for us to fulfil the purposes for which we + require the personal data, including processing your + transactions or providing you with the products and services + that you require. +
++ 3.3 Providing personal data belonging to others. In + certain circumstances, you may also provide us with personal + data of persons other than yourself (such as your team members, + family members and next-of-kin). If you do so, you represent and + warrant that you have brought this Privacy Policy to his/her + attention, informed him/her of the purposes for which we are + collecting his/her personal data and that he/she has consented + to your disclosure of his/her personal data to us for those + purposes and accepts this Privacy Policy. You agree to indemnify + and hold us harmless from and against any and all claims by such + individuals relating to our collection, use and disclosure of + such personal data in accordance with the terms of this Privacy + Policy. +
++ 3.4 Accuracy and completeness of personal data. You are + responsible for ensuring that all personal data that you provide + to us is true, accurate and complete. You are responsible for + informing us of any changes to your personal data. +
++ 3.5 Minors. Our Applications and/or services are not + intended to be accessed or used by children, minors or persons + who are not of legal age. If you are a parent or guardian and + you have reason to believe your child or ward has provided us + with their personal data without your consent, please contact + us. +
++ 3.6 Excluded Persons and Excluded Jurisdictions. Our + Applications and/or services are also not intended for Excluded + Persons, and/or access and/or use in Excluded Jurisdictions. + Please refer to the relevant terms (including the Foundation + Delegation Program Terms and Conditions) for the specific + excluded persons and jurisdictions. +
++ 4. HOW WE COLLECT PERSONAL DATA +
++ 4.1 Personal data you provide. We collect personal data that is + relevant to our relationship with you. We may collect your + personal data directly or indirectly through various channels, + such as when: +
++ 4.2 Personal data provided by others. Depending on your + relationship with us, we may also collect your personal data + from third party sources, for example, from: +
++ 5. WHAT WE DO WITH YOUR PERSONAL DATA +
++ 5.1 What we do. We collect, use, disclose and process your + personal data where: +
++ 5.2 General purposes. We collect, use, disclose and + process your personal data for purposes connected or relevant to + our business, to manage your relationship with us. Such purposes + would include: +
++ Where personal data is used for a new purpose and where required + under applicable law, we shall obtain your consent. +
++ 5.3 Legitimate business interests. We may also collect, use, + disclose and process your personal data for the following + purposes to support our legitimate business interests, provided + that this does not override your interests or rights, which + include: +
++ 5.4 Marketing purposes. In order for us to market + products, updates, events and services which are of specific + interest and relevance to you, we may analyse and rely on your + personal data provided to us, or data collected from your + interactions with us However, no marketing, using your personal + data in non-aggregated and/or identifiable form would be carried + out unless you have provided us with your consent to use your + personal data for such marketing purposes. If you do not want us + to use your personal data for the purposes of marketing you can + withdraw your consent at any time by contacting us in accordance + with paragraph 1.7. +
++ 5.5 Use permitted under applicable laws. We may also + collect, use, disclose and process your personal data for other + purposes, without your knowledge or consent, where this is + required or permitted by law. Your personal data may be + processed if it is necessary on reasonable request by a law + enforcement or regulatory authority, body or agency or in the + defence of a legal claim. We will not delete personal data if + relevant to an investigation or a dispute. It will continue to + be stored until those issues are fully resolved. +
++ 5.6 Contacting you. When we contact or send you + information for the above purposes and purposes for which you + have consented, we may do so by post, e-mail, SMS, telephone or + such other means provided by you. If you do not wish to receive + any communication or information from us, or wish to restrict + the manner by which we may contact or send you information, you + may contact us in accordance with paragraph 1.7 above. +
++ 6. USE OF AUTOMATED DATA COLLECTION TECHNOLOGIES +
++ 6.1 Cookies. In order to improve our products or + services, we collect data by way of “cookies”. A cookie is a + small file of letters and numbers that we store via your browser + on the hard drive of your computer or mobile device. There are + three main types of cookies: +
++ 6.2 How we use cookies. We use cookies for the following + purposes: +
++ We may also automatically collect and store certain information + about your interaction with our Applications including IP + address, browser type, internet service provider, referring/exit + pages, operating system, date/time stamps and related data. +
++ 6.3 Other technologies. In addition to cookies, we may + use some other similar technologies as follows (as and where + applicable): +
++ 6.4 Refusing or deleting cookies. Most internet browsers + are set up by default to accept cookies. However if you want to + refuse or delete them (or similar technologies) please refer to + the help and support area on your browser for instructions on + how to block or delete cookies (for example: Internet Explorer, + Google Chrome, Mozilla Firefox and Safari). Please note you may + not be able to take advantage of all the features of our + Applications, including certain personalised features, if you + delete or refuse cookies. +
++ 6.5 Mobile Opt-out. Where applicable if we do support a + mobile version of our product - If you access our Applications + through mobile devices, you can enable a "do not track" feature + so as to control interest-based advertising on an iOS or Android + mobile device by selecting the Limit Add Tracking option in the + privacy section of your Settings on iOS or via advertising + preferences on Android devices (e.g. in Google Settings). This + will not prevent the display of advertisements but will mean + that they will no longer be personalised to your interests. +
++ 6.6 If you are a resident in the EU. For more information + on managing cookies, please visit{" "} + + www.youronlinechoices.eu + {" "} + and{" "} + + www.allaboutcookies.org + + . The above links have further information about behavioural + advertising and online privacy. +
++ 6.7 Changes to our uses of Cookies. If we change anything + important about this Paragraph 6 on cookies, we will notify you + through a pop-up on the website for a reasonable length of time + prior to and following the change. You may review this Paragraph + by visiting the sites and clicking on the “Privacy Policy” link. +
++ 7. DISCLOSURE OF PERSONAL DATA +
++ 7.1 Disclosure to related parties. We may disclose or + share your personal data with our related parties in order to + provide our services to you, manage our shareholder and investor + returns, for management and compliance purposes, and to utilise + shared group IT functions. +
++ 7.2 Disclosure to third parties. We may also disclose + your personal data to third parties in connection with purposes + described in paragraph 5, including without limitation the + following circumstances: +
++ When disclosing personal data to third parties, we will (where + appropriate and permissible) enter into contracts with these + third parties to protect your personal data in a manner that is + consistent with all applicable laws and/or ensure that they only + process your personal data in accordance with our instructions. +
++ 8. TRANSFER OF PERSONAL DATA TO OTHER COUNTRIES +
++ Transfers. We may transfer your personal data to different + jurisdictions in connection with the purposes described in + paragraph 5: +
++ Safeguards. Where we transfer your personal data across + jurisdictions, we will ensure that your personal data is + protected in accordance with this policy and applicable laws + regardless of the jurisdictions they are transferred to, but in + any event to a level that is no less stringent than the + jurisdiction from which the personal data is transferred. When + we transfer your personal data internationally and where + required by applicable law we put in place appropriate + safeguards including EU Model Clauses or rely on EU Commission + adequacy decisions. You may obtain details of these safeguards + by contacting us. +
++ 9. SECURITY AND RETENTION OF PERSONAL DATA +
++ 9.1 Unauthorised access. While we take reasonable + precautions to safeguard your personal data in our possession or + under our control, you agree not to hold us liable or + responsible for any loss or damage resulting from unauthorised + or unintended access that is beyond our control, such as hacking + or cybercrimes. +
++ 9.2 Vulnerabilities. We do not make any warranty, + guarantee, or representation that your use of our systems or + applications is safe and protected from malware, and other + vulnerabilities. We also do not guarantee the security of data + that you choose to send us electronically. Sending such data is + entirely at your own risk. +
++ 9.3 Period of retention. We retain your personal data + only for as long as is necessary to fulfil the purposes we + collected it for, and to satisfy our business and/or legal + purposes, including data analytics, audit, accounting or + reporting purposes. How long we keep your personal data depends + on the nature of the data, e.g. we keep personal data for at + least the duration of the limitation period for bringing claims + if the personal data may be required to commence or defend legal + proceedings. Some information may also be retained for longer, + e.g. where we are required to do so by law. +
++ 9.4 Anonymised data. In some circumstances we may + anonymise your personal data so that it can no longer be + associated with you, in which case we are entitled to retain and + use such data without restriction. +
++ 10. YOUR RIGHTS +
++ 10.1 Rights you may enjoy. Depending on the jurisdiction + that you are in or where we operate, you may enjoy certain + rights under applicable law in relation to our collection, use, + disclosure and processing of your personal data. Such rights may + include: +
++ If you wish to exercise any of your rights, you may contact us + in accordance with paragraph 1.7. We may require that you submit + certain forms or provide certain information to process your + request. Where permitted by law, we may also charge you a fee to + process your request. +
++ 10.2 Limitations. We may be permitted under applicable + laws to refuse a request, for example, we may refuse (a) a + request for erasure where the personal data is required for in + connection with claims; or (b) an objection request and continue + processing your personal data based on compelling legitimate + grounds for the processing. +
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