Privacy Policy

EF Capital Labs Inc. and our subsidiaries and affiliates (“Enhanced Finance”, “we” or “our”) respect your privacy and commit to protecting it through our compliance with the practices described in this policy.

This policy describes our practices for collecting, using, maintaining, protecting, and disclosing the personal data we may collect from you or that you may provide when you visit, access or use our website app.enhanced.finance, mobile applications or other digital properties, communications, or forms that link or refer to this policy (the “Sites”), or any services provided through, via, or on the Sites (the “Services”). This policy applies to the personal data collected through our Services, regardless of the country where you are located. Capitalised terms used but not otherwise defined in this policy shall have the meanings ascribed to them in our Terms of Use accessible via the Sites (the “Terms”).

The Services may include links to third-party websites, plug-ins, services, social networks, or applications (including Third-Party Integrated Applications and third-party Wallet software). Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites and applications, and we encourage you to read the privacy policy of every website you visit and every application you use.

Please read this policy carefully to understand our policies and practices for processing and storing your personal data. By engaging with our Services (including by connecting a Wallet to the Sites), you accept and consent to the practices described in this policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued engagement with our Services after any such revisions indicates that you accept and consent to them, so please check the policy periodically for updates.

Data We May Collect About You

We collect and use different types of data from and about you including:

• Personal data that we could reasonably use to directly or indirectly identify you, such as your name, postal address, email address, telephone number, username or other similar identifier, or any other identifier we may use to contact you online or offline (“personal data”).
• Identity verification data. Where your access to or use of certain Services (including EF RFQ) is conditional on the provision of User Information or the completion of know-your-customer, anti-money laundering, sanctions screening or other verification procedures under the Terms, we may collect information such as your full legal name, date of birth, nationality, residential address, government-issued identification documents, photographs, proof of address, source of funds or wealth, and such other information or documents as may be requested on the Sites or otherwise required by any EF Party.
• Blockchain and Wallet data, including the public blockchain address(es) of any Wallet you connect to the Sites, transaction hashes, token balances and holdings, transaction history and other data associated with such addresses that is available on public blockchains, whether obtained through the Sites or through third-party service providers (including on-chain analytics providers engaged for fraud detection and prevention purposes).
• Non-personal data that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, statistics, or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal data. For example, we may aggregate personal data to calculate the percentage of users accessing a specific feature of the Sites.
• Technical information, including the full Internet protocol (IP) address used to connect your computer to the Internet, information derived from your IP address such as your approximate geographic location (including for the purposes of identifying access from Excluded Jurisdictions), your login information, browser type and version, time zone setting, browser plug-in types and versions, or operating system and platform.
• Non-personal details about your interactions with our Services, including the full Uniform Resource Locators (URLs), clickstream information to, through, and from our Services (including date and time), products 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), or methods used to browse away from the page.

If we combine or connect non-personal, demographic, or technical data with personal data so that it directly or indirectly identifies an individual (including where a Wallet address or other blockchain data is associated with your identity), we treat the combined information as personal data.

Public Blockchain Data

The Services facilitate your interaction with public blockchains. Any transaction you effect using a Wallet, including deposits into and withdrawals from EF Vaults and transactions effected via EF RFQ, will be recorded on the relevant public blockchain, together with your Wallet address and the details of such transaction. Information recorded on a public blockchain is public, may be accessed and analysed by anyone (including through blockchain explorers and analytics tools), and by design cannot be modified, deleted or erased by us or any other person. We do not control public blockchains and are not responsible for any information you make public by effecting transactions on them. Accordingly, any rights you may have in respect of the correction or deletion of your personal data will not extend to information recorded on a public blockchain.

How We Collect Data About You

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us information about you by filling in forms or by corresponding with us by email or otherwise. This includes information you provide when you submit User Information (including in connection with any know-your-customer, anti-money laundering or sanctions screening procedures), subscribe to our Services, participate in interactive functions available as part of our Services, respond to a survey, or submit a query or complaint to us in accordance with the Terms.
• Wallet connections and blockchain interactions. When you connect a Wallet to the Sites or otherwise interact with the Services, we collect your Wallet address and may collect data relating to the transactions and other on-chain activity associated with such address, including through third-party providers of on-chain analytics, blockchain intelligence, and fraud detection and prevention services.
• Automated technologies or interactions. As you interact with our Services, we may automatically collect technical data about your equipment, browsing actions and patterns as specified above. We collect this information by using cookies, server logs, and other similar technologies (see Cookies and Automatic Data Collection Technologies).
• Third parties or publicly available sources. We may receive information about you from third parties including, for example, identity verification and KYC service providers, on-chain analytics providers, sanctions and politically-exposed-person screening providers, business partners, sub-contractors in technical services, analytics providers, or publicly available sources (including public blockchains).

Cookies and Automatic Data Collection Technologies

Our Services use cookies (small files placed on your device) or other automatic data collection technologies to distinguish you from other users of our Services. This helps us deliver a better and more personalized service when you use or access our Services. It also allows us to improve our Services by enabling us to:

• Estimate our audience size and usage patterns.
• Store your preferences so we may customize our Services according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Services.

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, certain parts of our Services may become inaccessible and certain features may not work correctly. Unless you adjust your browser settings to refuse cookies, our system will issue them.

Our Services may contain web beacons (small transparent embedded images or objects, also known as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or to compile other similar statistics such as recording content popularity or verifying system and server integrity.

Third-Party Use of Cookies

Some content or applications on the Services are served by third parties, including advertisers, ad networks and servers, content providers, application providers and analytics providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. They may associate the information collected with your personal data or they may collect information, including personal data, about your online activities over time and across different websites or other online services.

We do not control how these third-party tracking technologies operate or how they may use the collected data. If you have any questions about content served by a third party, you should contact the responsible provider directly.

How We Use Your Personal Data

We use your personal data to provide you with the Services, communicate with you, comply with our legal and regulatory obligations, or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how we may use the personal data we collect include to:

• Present our Services and provide you with the information, services, and support that you request from us.
• Verify your identity and assess your eligibility to access and/or use the Sites and the Services, including conducting know-your-customer, anti-money laundering, counter-terrorism financing and sanctions screening checks, determining whether you are a Disqualified Person/Entity, detecting and preventing access from Excluded Jurisdictions, and conducting fraud detection and prevention (including through on-chain analytics).
• Meet our obligations and enforce our rights arising from the Terms or any other contracts with you, or comply with Applicable Laws and any requests from Governmental Authorities.
• Fulfil the purposes for which you provided the data or that were described when it was collected.
• Notify you about changes to our Sites or the Services.
• Ensure that we present content on or through our Services in the most effective manner for you and for your computer.
• Administer our Services and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical, and survey purposes.
• Improve our Services, marketing, or customer relationships and experiences.
• Protect our Services, employees, or operations, including the security and integrity of the Sites and the Services.
• Make suggestions and recommendations to you and other users of our Services about services that may interest you or them.

We may also use personal data to contact you about our own goods and services that may be of interest to you. If you do not want us to use your data in this way, please inform us by way of email. For more information, see Your Personal Data Use Choices.

We may use non-personal data for any business purpose.

Disclosure of Your Personal Data

We may share your personal data with:

• Any member of our corporate group, which means our subsidiaries, our ultimate holding company and its subsidiaries, our affiliates and any other EF Party, including for the purpose of compliance with any Applicable Laws in connection with the Sites and/or the Services (as contemplated by the Terms).
• Business partners, suppliers, service providers, sub-contractors, and other third parties we use to support our business, including identity verification and KYC service providers, sanctions screening providers, on-chain analytics and blockchain intelligence providers, cloud hosting providers, and analytics and search engine providers that assist us with improvement and optimization of our Services.
• Any other counterparties or intermediaries, to the extent necessary to provide the Services to you (including where required for eligibility, whitelisting, KYC/AML, sanctions screening, credit or suitability checks imposed in connection with EF RFQ).
• Our professional advisers, auditors and insurers, where reasonably necessary.
• To fulfil the purpose for which you provide it.
• For any other purposes that we disclose when you provide the data.
• With your consent.

We may also disclose your personal data 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.
• To a buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, where one of the transferred assets is the personal data we hold.
• To comply with any court order, law, or legal process, including responding to any government or regulatory request (including requests from any Governmental Authority in connection with anti-money laundering, counter-terrorism financing, sanctions or tax reporting obligations).
• To enforce or apply the Terms and other agreements.
• To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection, and credit risk reduction.

We may share non-personal data without restriction.

Consent to Personal Data Transfer

We are based in Panama. We may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own.

By submitting your personal data or engaging with our Services, you consent to this transfer, storing, or processing.

Data Retention and Security

We will only keep your personal data for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting, anti-money laundering, or other legal requirements). In particular, personal data collected for the purposes of know-your-customer, anti-money laundering and sanctions screening procedures may be retained for such period as may be required under Applicable Laws following the termination of your access to the relevant Services.

When we have no ongoing legitimate business need to process your personal data, we will delete such data.

We take reasonable measures to protect your personal data from unauthorized access, use, or disclosure. However, no method of transmission over the internet or electronic storage is 100% secure.

Your Personal Data Use Choices

We strive to provide you with choices regarding certain personal data uses, particularly around marketing. If you do not want us to:

• use your contact information to promote our own products and services;
• share your personal data with unaffiliated or non-agent third parties for promotional purposes; or
• use, process and/or disclose your personal data for all or any of the purposes listed in this privacy policy,

you can opt-out by sending us an email with your request to our data protection officer. The contact details of our data protection officer are set out below. We may require reasonable time (depending on the scope of the request and its impact on our relationship with you) for your request to be processed.

Please note that if you opt out of, or object to, our collection, use, processing or disclosure of personal data that is necessary for us to provide the Services (including personal data required for identity verification, know-your-customer, anti-money laundering or sanctions screening purposes), we may not be able to provide, or continue to provide, some or all of the Services to you, and we may suspend, restrict or terminate your access to the Sites or use of the Services in accordance with the Terms.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services may become inaccessible or not function properly. For more information about tracking technologies, please see Cookies and Automatic Data Collection Technologies.

For the avoidance of doubt, the above does not impact our collection, usage, processing and/or disclosure of personal data where the foregoing without consent is permitted or required under applicable laws.

Our Services may, from time to time, contain links to and from the websites of our partner networks and affiliates, or include plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.

Accessing and Correcting Your Personal Data

We generally rely on personal data provided by you (or your authorised representative). To ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data in the manner below.

You may send us an email at support@enhanced.finance to request access to, correct, or delete personal data that you have provided to us. We may not accommodate a request to change or delete information if we believe the change or deletion would violate any law or legal requirement (including any record-keeping requirements under applicable anti-money laundering laws) or negatively impact the information's accuracy. In addition, as noted above (see Public Blockchain Data), we are not able to correct, modify, delete or erase any information recorded on a public blockchain.

Jurisdiction-Specific Rights

Where you are a resident of the European Union or the United Kingdom

Data transfers

Data transfers to legal entities in countries outside the European Union or the United Kingdom (known as third countries) take place as long as: (i) it is necessary for the purpose of providing you with the Services; (ii) it is required by law; or (iii) you have granted us your consent.

Enhanced Finance is based outside of the European Union and the United Kingdom and also has affiliates and service providers in other countries. Your personal data may be transferred to or from Panama or other locations outside of your state, province, country, or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.

Legal bases for processing of personal data

The General Data Protection Regulation (“GDPR”) and United Kingdom GDPR require us to explain the valid legal bases we rely on in order to process your personal data. As such, we may rely on the following legal bases to process your personal data:

• Consent. We may process your data if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time by contacting us.
• Performance of a Contract. We may process your personal data when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
• Legitimate Interests. We may process your data when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms.
• Legal Obligations. We may process your data where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.

In addition to the rights specified above, you have a right to complain to a supervisory authority.

Children's Online Privacy

We do not direct our Services to minors and we do not knowingly collect personal data from children under 18 or as defined by local legal requirements. If we learn we have mistakenly or unintentionally collected or received personal data from a child without appropriate consent, we will delete it. If you believe we mistakenly or unintentionally collected any information from or about a child, please contact us at support@enhanced.finance.

Changes to Our Privacy Policy

We will post any changes we may make to our privacy policy on this page. Please check back frequently to see any updates or changes to our privacy policy.

Contact Information

Please address questions, comments, and requests regarding this privacy policy and our privacy practices to our data protection officer at support@enhanced.finance.