The security and protection of your Personal Data are one of the top priorities of Nomad Fulcrum Capital AG, a company duly incorporated under the laws of Switzerland, and an official address at à Lausanne, av. des Boveresses 44, 1010 Lausanne, so-ciété anonyme, Switzerland (the “Company, “Us” or “We”) which operates a website hosted at the URL www.nomadfulcrum.com (the “Website”).
The Company collects Personal data from both Visitors and Users of the Website. Capitalised terms as defined in the Terms of Use can be found at www.nomadfulcrum.com. We adhere to privacy by default and privacy by design standards, storing your Personal Data securely and processing it with utmost care in accordance with the Federal Data Protection Act (RS 235.1) and the Ordinance on the Federal Data Protection Act (RS 235.11).
1. DEFINITIONS
"Consent" refers to the voluntary, specific, and well-informed expression of a Data subject's wishes, indicating agreement to the Processing of Personal data concerning them;
“Data controller” denotes the individual or entity, alone or jointly with others, responsible for determining the purposes and methods of Processing Personal data;
“Data subject” encompasses individuals or entities whose data is processed, whether they are Users or Visitors;
“Disclosure” involves making Personal data accessible, such as by granting access, transmitting, or publishing it;
“Personal data” encompasses all information pertaining to an identified or identifiable person;
“Personal data breach” signifies a breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access to Personal data transmitted, stored, or otherwise processed;
“Processing” encompasses any operation or series of operations, whether automated or not, performed on Personal data or sets of Personal data, including collecting, recording, organising, structuring, storing, adapting, altering, retrieving, consulting, using, transmitting, disseminating, making available, aligning, combining, or erasing;
“Recipient” refers to a third party, public authority, agency, or other entity - other than the Data subject or the Company - to which Personal Data is disclosed;
2. FIELD
The Company issues this Notice to outline its practices concerning the Processing and Disclosure of Personal data obtained during Website usage. This Notice applies to all Website interactions, regardless of the method or platform employed. It delineates the circumstances under which the Company may gather, retain, utilise, and store data pertaining to you, as well as the choices you've made concerning data collection, utilisation, and sharing.
3. ENDORSEMENT
By accessing the Website, Visitors and Users acknowledge that the Company may collect and process their personal data. They confirm their understanding of this Notice and consent to its terms, agreeing to comply with applicable laws. Consent is granted by checking the box in the pop-up window labelled "I have read the Privacy Notice and agree to it." Users also consent when providing Personal Data for registration or linking their cryptocurrency wallet. This allows the Company to lawfully utilise the data as outlined. If you disagree with this Notice, please refrain from becoming a User, avoid connecting your cryptocurrency wallet, and abstain from using the Website.
4. GUIDELINE FOR HANDLING PERSONAL INFORMATIONS
In processing Personal data, the Company adheres to the following principles:
a) Fairness and legality - Personal data is collected and processed in a manner that respects the rights of Data subjects, abides by the law, and is conducted in good faith, ensuring proportionality to the objective.
b) Specific purpose limitation - Personal data collected and processed by the Company is relevant and adequate for its intended purpose. Collection should avoid excessiveness, and changes to the purpose require justification.
c) Transparency - Data subjects are informed about the handling of their Personal data, including the existence of this Notice, the Data controller's identity, the purpose of Processing, and potential third-party recipients.
d) Data subject Consent - Personal data is obtained directly from the individual, and Consent may be required prior to Processing. Consent, obtained in writing or electronically, must be voluntary. If Consent is not initially given, it should be obtained promptly after Processing begins.
e) Accuracy - Personal data maintained must be accurate and kept updated as necessary. Inaccurate or incomplete data should be rectified or deleted from records.
5. GATHERED DATA
This Notice encompasses all data obtained through your interactions with the Website, including newsletter subscriptions, User registration, and cryptocurrency wallet connections. Specifically:
a) Visitor Data - During Website visits, whether or not you subscribe to the newsletter or become a User, the Company automatically gathers:
- Cookies
- Data from Google Analytics, Facebook pixel, Hotspot, Intercom, Hotjar, and Twitter connect.
b) User Data - Upon User registration, the Company collects:
- Ethereum address
- Email address
c) Newsletter Subscriber Data - Subscribing to our newsletter involves providing your IP address, name, surname, country of residence, and email address. This data is solely used for newsletter distribution. You can unsubscribe at any time by contacting us per Section 19 of this Notice.
6. DATA HANDLING
The following sections outline how we utilise your data. Please note that not all purposes listed may apply to everyone. Our main goal in collecting Personal data is to:
a) Users' Data - Users consent to the public disclosure of their transactional information on the BNB Blockchain Explorer. We use Users' data to:
- Facilitate communication
- Address inquiries and feedback
- Prevent unlawful activities
- Compile usage statistics
- Process transactions
- Manage accounts
- Enforce the Terms of UseComply with legal obligations
- Fulfil disclosed purposes.
b) Cookie Collection - Cookies are placed on your computer's hard drive to enhance user experience and analyse Website usage. You can adjust browser settings to refuse cookies, but some features may not work correctly.
c) Google Analytics - We use Google Analytics to analyse Website usage. Data generated by cookies, including IP addresses, may be stored outside Switzerland. Google may share this data as required by law. By using the Website, you consent to this processing. You can opt-out of Google Analytics, but it may affect Website functionality.
7. COMMUNICATION TO OUTSIDE PARTIES
The Company may disclose your data to relevant third parties if required by court order, law enforcement requests, or to investigate illegal activities, defend our interests, or as permitted by law. For cross-border transfers, adequate protection is ensured. In cases where this isn't guaranteed, we obtain your consent or establish contractual safeguards. Third parties receiving data are restricted from using it beyond necessary purposes.We find it necessary, as determined in the Company’s sole discretion, to investigate, prevent or take action regarding illegal activities, to defend our interest or as otherwise required or permitted by law. Where a cross-border transfer is done, the Company ensures that adequate protection is guaranteed for personal data to be transferred outside of Switzerland and the European Economic Area (hereinafter: the “EEA”).
8. RETENTION OF YOUR PERSONAL DATA
Your data will be stored in Europe, including Switzerland. By accepting this Notice, you consent to the transfer and storage of your data outside your country. This may involve countries with lower data protection standards.
9. MAINTAINING OF YOUR PERSONAL DATA
The Company will retain your data for as long as necessary to fulfil collection purposes or legal requirements.
10. PROTECTION OF YOUR PERSONAL DATA
We adhere to high industry standards and employ technical and organisational measures to secure your data as per applicable laws. In case of a breach, we will promptly notify the supervisory authority and, if feasible, you, within 72 hours, unless the breach poses no risk to your rights and freedoms. If the risk is high, we will inform you without undue delay.
11. YOUR DATA ACCESS RIGHTS AND INFORMATION ENTITLEMENTS
You can request access to, correction, or deletion of your Personal Data processed by the Company. You also have the right to object to data processing, limit data use and disclosure, and revoke Consent if we rely on it for processing. Contact us via our contact form or at: institutionals@nomadfulcrum.com to exercise these rights. We'll verify your identity before processing your request and may choose the communication channel. We may refuse or restrict data provision if it affects others' rights.
12. TRANSFERABILITY OF YOUR DATA
You can receive your Personal Data in a structured, machine-readable format and transfer it to another controller. Contact us at: institutionals@nomadfulcrum.com to exercise this right. We may refuse or restrict data provision if it affects others' rights.
13. PRIVACY-ORIENTED DESIGN AND DEFAULT SETTINGS
The Company will employ suitable technical and organisational measures, such as pseudonymization, to uphold data protection principles like data minimization and GDPR compliance. These measures will ensure that only necessary Personal Data is processed for each specific purpose, limiting access to third parties.
14. REACHING OUT TO THE COMPANY AND LODGING COMPLAINTS
For inquiries or complaints regarding your Personal data, reach out to the Company at institutionals@nomadfulcrum.com. If you believe your data has been mishandled, you have the right to lodge a complaint with the relevant supervisory authority.
15. CHANGES TO THE PRIVACY NOTICE
The Company may update this Notice periodically, with the latest version available on the Website. If any changes reduce your rights, you will be promptly notified upon visiting the site.
16. DATA CUSTODIAN
The data controller of the file is Nomad Fulcrum Capital AG, a company duly incorporated under the laws of Switzerland, and an official address at à Lausanne, av. des Boveresses 44, 1010 Lausanne, so-ciété anonyme, Switzerland.
17. EXTERNAL SOURCES
The Website may feature links to third-party sites. The Company disclaims all liability concerning the privacy policies, data collection, and content of these sites. Users acknowledge that accessing our Website may involve using other applications like Metamask, for which the Company bears no responsibility, particularly regarding data protection.
18. JURISDICTION AND GOVERNING LAW
This Notice and associated inquiries are governed by Swiss law, without consideration of conflicts arising from international law. Any disputes regarding this Notice must be exclusively settled in the courts of Geneva, with the option for appeal to the Swiss Federal Court.
19. CONTACT
To ask questions or make comments on this Notice or to make a complaint about our compliance with applicable privacy laws, please get in touch with us through: a). our email address: institutionals@nomadfulcrum.com; or b). our address: Nomad Fulcrum Capital AG, à Lausanne, av. des Boveresses 44, 1010 Lausanne, so-ciété anonyme, Switzerland. We will acknowledge and investigate any complaint under this Notice.
