Privacy Policy of Pocket Forest
1. Preliminary
remarks
1.1. The Privacy Policy must be read in conjunction with the Terms
and Conditions and the Cookie Policy of Pocket Forest. The Privacy
Policy document constitute the entirety of the relationship between
the User and Pocket Forest, an organization duly incorporated and
validly existing under the laws of British Virgin Islands.
(hereinafter referred to as the “Company”).
1.2. The mere
reading of the Privacy Policy does not provide a complete
understanding to the User of the legal relationship between the
parties.
1.3. The Company takes data protection very
seriously and maintains the Privacy Policy to define how the Company
will use the information pertaining to the Users.
1.4. The
Privacy Policy covers data collected through the website located at
https://www.pocketforest.io/ or any
other websites, pages, features, or content the Company owns or
operates (hereinafter collectively referred to as the “Websites”). The
Privacy Policy does not cover any other data collection or processing,
including, without limitation, data collection practices of other web
pages to which we link, as they may be subject to their own privacy
policies.
1.5. The Company is not liable for any possible
misinterpretation of the Privacy Policy.
2. Privacy Statement
2.1. The Privacy Policy is intended to inform the Users about how the
Company collects, uses, shares and protects or otherwise processes
Personal Data (as defined below). Other policies may be notified
separately.
2.2. All Personal Data processed by the Company
is necessary to fulfil the purposes for which they were collected.
When using the Websites for mere information purposes, the Company may
also collect the Personal Data that the User’s web browser transmits
to the Company’s server, including their IP address, the date and time
of their visit, and data relating to their operating system and web
browser. The Company uses this data to ensure the security and
successful navigation of the Websites and to compile statistical data
on the use of the Websites.
2.3. The Company is not in the
business of selling or renting the User’s information to third parties
and does not share their personally identifiable information with
others, except as follows:
2.3.1. for the purpose of
delivering the Services to the User;
2.3.2. for sharing
the User’s information as required by law or in the interest of
protecting or exercising the Company’s or others’ legal rights, for
example, in connection with court proceedings or requests from law
enforcement officials. Also, the Company reserves the right to use and
disclose any information collected via the Websites that is not in
personally identifiable form;
2.3.3. to conduct
pre-engagement assessments and formalities such as anti-money
laundering checks, conflict checks, etc.;
2.3.4. for
client relationship management purposes;
2.3.5. for
internal administrative or operational processes;
2.3.6.
to analyse the services the User may be interested in;
2.3.7.
to send invitations and information from the Company about events,
publications, and services provided; and
2.3.8. to satisfy
any legal, regulatory, accounting or reporting requirements.
3. Acceptance
3.1. By browsing the Websites, the User acknowledges that the Company
may collect and process a certain number of Personal Data (as defined
below) that relate to them and that they have read and understood the
Privacy Policy and agree to be bound by it and to comply with all
applicable laws and regulations.
3.2. In particular, the
consent for the processing of Personal Data is given once the User
and/or the Users ticks the box in the pop-up window which says “I have
read the Privacy Privacy Policy and the Cookie Privacy Policy agree to
be bound by it” (hereinafter referred to as the “Consent”).
3.3.
The Consent is also given when the Users freely submit to the Company
the Personal Data required to become a User. This latter understands
and agrees that the Company is free to use these Personal Data within
the limit provided by law and the Privacy Policy.
3.4. If
the User does not agree with the terms of the Privacy Policy, please
refrain from using the Websites.
4. Principle for processing Personal Data
4.1. While Processing Personal data, the Company will respect the
following general principle:
4.1.1. Fairness and
lawfulness
4.1.1.1. When processing Personal Data, the
individual rights of the Personal Data subjects must be protected.
Personal Data must be collected and processed lawfully, in a fair
manner, in good faith, and must be proportionate to the objective.
4.1.2.
Restriction to a specific purpose
4.1.2.1. Personal Data
handled by the Company should be adequate and relevant to the purpose
for which they are collected and processed. This requires, in
particular, ensuring that the types of Personal Data collected are not
excessive for the purpose for which they are collected. Subsequent
changes to the purpose are only possible to a limited extent and
require substantiation.
4.1.3. Transparency
4.1.3.1.
The User must be informed of how their Personal Data is being handled.
When the Personal Data is collected, the User must be informed of the
following:
4.1.3.1.1. the identity of the Data Protection
Officer (as defined below);
4.1.3.1.2. the purpose of
Personal Data processing;
4.1.3.1.3. third parties to whom
the data might be transmitted.
5. Information we may collect about the User
5.1. The information that the Company may collect from the User
(hereinafter collectively referred to as the “Personal Data”) is as
follows:
5.1.1. Full name and contact details (e.g. email
address, telephone number, shipping address, etc.);
5.1.2.
IP address and location;
5.1.3. wallet address, balance;
5.1.4.
Every User’s transaction details are performed on the Websites; and
5.1.5.
Other Personal Information or commercial and/or identification
information – Whatever information the Company, in its sole
discretion, deem necessary to comply with the legal obligations under
various anti-money laundering (AML) obligations, such as under the
European Union’s 4th AML Directive and the U.S. Bank Secrecy Act
(BSA).
5.2. Personal Data are also the information the
Company collects about the User automatically, as:
5.2.1.
Browser Information
5.2.1.1. Information that is
automatically collected via analytics systems providers from the
user’s browser, including their IP address and/or domain name and any
external page that referred the user to the Company, their login
information, browser type and version, time zone setting, browser
plug-in types and versions, operating system, and platform;
5.2.2.
Log Information
5.2.2.1. Information that is generated by
the User’s use of the Services is automatically collected and stored
in the Company server logs. This may include, but is not limited to,
device-specific information, location information, system activity and
any internal and external information related to pages that the User
visit, including the full Uniform Resource Locators (URL) clickstream
to, through and from the Websites, including:
5.2.2.1.1.
date and time;
5.2.2.1.2. page response times, download
errors, and length of visits to certain pages;
5.2.2.1.3.
page interaction information (such as scrolling, clicks, and
mouse-overs); and
5.2.2.1.4. methods used to browse away
from the page;
5.3. Personal Data is also the information
the Company receives about the user from other sources.
5.4.
The Company obtain information about the User in a number of ways
through their use of the Services, the account opening process,
webinar sign-up forms, event subscribing, news and updates
subscribing, and from information provided in the course of ongoing
support service communications. The Company also receives information
about the User from third parties, such as their payment providers and
through publicly available sources.
6. Disclosure of the User’s Personal Data
6.1. The Company will not disclose any of the User’s Personal Data to
a third party, except:
6.1.1. to the extent that it is
required to do so pursuant to any applicable laws, rules or
regulations;
6.1.2. if there is a duty to disclose;
6.1.3.
if our legitimate business interests require disclosure;
6.1.4.
in line with what it’s stated in the Terms and Conditions and Cookie
Privacy Policy;
6.1.5. at the User’s request or with their
consent or to those described in the Privacy Policy. The Company will
endeavour to make such disclosures on a “need-to-know” basis unless
otherwise instructed by a regulatory authority. Under such
circumstances, the Company will notify the third party regarding the
confidential nature of any such Personal Data.
6.2. As part
of using the user’s Personal Data for the purposes set out above, the
Company may disclose the User’s Personal Data to the following:
6.2.1.
Any members of the Company, which means that any of the Company’s
affiliates and subsidiaries may receive such information;
6.2.2.
Any of the Company’s service providers and business partners, for
business purposes, such as specialist advisors who have been
contracted to provide the Company with administrative, financial,
legal, tax, compliance, insurance, IT, debt-recovery, analytics,
research or other services;
6.3. If the Company discloses
the User’s Personal Data to service providers and business partners in
order to perform the services requested by clients, such providers and
partners may store those Personal Data within their own systems in
order to comply with their legal and other obligations.
6.4.
The Company requires that service providers and business partners who
process personal information acknowledge the confidentiality of the
Personal Data, undertake to respect any User’s right to privacy and
comply with all relevant privacy and data protection laws and the
Privacy Policy.
7. Retention of the User’s Personal Data
7.1. In accordance with applicable laws, the Company will use the
User’s Personal Data for as long as necessary to satisfy the purposes
for which their Personal Data was collected or to comply with
applicable legal requirements.
8. Lawful basis for processing Personal Data
8.1. The Company shall process the User’s Personal Data on the
following bases and for the following purposes:
8.1.1.
Performance of a contract
8.1.1.1. The Company processes
Personal Data in order to provide its services and products.
8.1.1.2.
The Company must verify the User’s identity in order to accept them as
its User, and it will use their Personal Data in order to effectively
manage their account. This may include third parties carrying out
credit or identity checks on the Company’s behalf. The use of the
User’s Personal Data is necessary for the Company to know who they
are, as it has a legal obligation to comply with “Know Your Customer”
and customer due regulatory diligence obligations.
8.1.2.
Compliance with a legal obligation
8.1.2.1. There are a
number of legal obligations imposed by relevant laws to which the
Company is subject, as well as specific statutory requirements, e.g.
anti-money laundering laws, financial services laws, corporation laws,
privacy laws and tax laws. There are also various supervisory
authorities whose laws and regulations apply to the Company. Such
obligations and requirements imposed on the Company are necessary for
Personal Data processing activities for identity verification, payment
processing, compliance with court orders, tax laws or other reporting
obligations and anti-money laundering controls.
8.1.2.2.
These obligations apply at various times, including client onboarding,
payments and systemic checks for risk management.
8.1.3.
For the purpose of safeguarding legitimate interests
8.1.3.1.
The Company may process Personal Data so as to safeguard the
legitimate interests pursued by the Company or by a third party. A
legitimate interest is when the Company has a business or commercial
reason to use the User’s Personal Data. Examples of such processing
activities include the following:
8.1.3.1.1. Initiating
legal claims and preparing the Company’s defence in litigation
procedures;
8.1.3.1.2. Measures for managing the business
and for further developing products and services;
8.1.3.1.3.
Risk management.
8.1.4. To investigate or settle enquiries
or disputes.
8.1.4.1. The Company may need to use Personal
Data collected from the User to investigate issues or to settle
disputes with the User because it is the Company’s legitimate interest
to ensure that issues and disputes get investigated and resolved in a
timely and efficient manner.
8.1.5. To comply with
applicable laws, subpoenas, court orders, other judicial processes, or
the requirements of any applicable regulatory authorities.
8.1.5.1.
The Company may need to use the User’s Personal Data to comply with
any applicable laws and regulations, subpoenas, court orders or other
judicial processes, or requirements of any applicable regulatory
authority. The Company does this not only to comply with its legal
obligations but because it may also be in its legitimate interest to
do so.
8.1.6. To send surveys
8.1.6.1. From time
to time, the Company may send User surveys as part of its User
feedback process. It is in the Company’s legitimate interest to ask
for such feedback to try to ensure that it provides its products and
services at the highest standard. However, the Company may, from time
to time, also ask the User to participate in other surveys, and if
they agree to participate in such surveys, the Company relies on their
consent to use the Personal Data collected as part of such surveys.
8.1.6.2.
All responses to any survey the Company sends out, whether for User
feedback or otherwise, will be aggregated and depersonalised before
the results are published and shared.
8.1.7. Data
analysis
8.1.7.1. The Websites may contain web beacons or
pixel tags or any other similar types of data analysis tools that
allow the Company to track the receipt of correspondence and count the
number of Users that have visited the Websites or opened the Company’s
correspondence.
8.1.7.2. The Company may aggregate the
User’s Personal Data with the personal information of other Users on
an anonymous basis (that is, with their personal identifiers removed)
so that more rigorous statistical analysis of general patterns may
lead the Company to provide better products and services.
8.1.7.3.
If the User’s Personal Data is completely anonymised, the Company do
not require a legal basis as the information will no longer constitute
personal information.
8.1.7.4. If the user’s Personal Data
is not in an anonymised form, it is in the Company’s legitimate
interest to continually evaluate that personal information to ensure
that the products and services it provides are relevant to the
market.
8.1.8. Marketing purposes
8.1.8.1. The
Company may use the User’s Personal Data to send them marketing
communications by email or other agreed forms (including social media
campaigns) to ensure they are always kept up-to-date with the
Company’s latest products and services.
8.1.8.2. If the
Company sends the User marketing communications, it will do so based
on their consent and registered marketing preferences.
8.1.9.
Internal business purposes and record keeping
8.1.9.1. The
Company may need to process the User’s Personal Data for internal
business and research purposes as well as for record-keeping purposes.
Such processing is in the Company’s own legitimate interests and is
required in order to comply with its legal obligations. This may
include any communications that the Company has with the User in
relation to the products and services it provides to the User and its
relationship with them.
8.1.10. Legal Notifications
8.1.10.1.
Often the law requires the Company to advise the User of certain
changes to products or services or laws. The Company may need to
inform the User of changes to the terms of the features of the Privacy
Policy.
8.1.10.2. The Company needs to process the User’s
Personal Data to send them these legal notifications. The User will
continue to receive this information from the Company even if they
choose not to receive direct marketing information from the
Company.
9. Transfers of Personal Data outside of the User’s country
9.1. By using the Services, the User consents to their Personal Data
being transferred to other countries, including countries that have
differing levels of privacy and data protection laws than their
country.
9.2. The Company transfers the User’s Personal
Data to partners located in the following countries:
9.2.1.
British Virgin Islands;
9.2.2. The European Union; and
9.2.3.
The USA.
9.3. In all such transfers, the Company will
protect the User’s Personal Data as described in the Privacy Policy
and ensure that appropriate information-sharing contractual agreements
are in place.
10. Privacy when using digital assets and blockchains
10.1. Public blockchains are distributed ledgers intended to
immutably record transactions across wide networks of computer
systems. Many blockchains are open to forensic analysis, which can
lead to deanonymisation and the unintentional revelation of private
financial information, especially when blockchain data is combined
with other data.
10.2. Because blockchains are
decentralised or third-party networks which are not controlled or
operated by the Company or its affiliates, the Company is not able to
erase, modify, or alter Personal Data from such networks.
11. Protection of Personal Data
11.1. The Company respects the Personal Data of any Users who access
the Websites, and it is therefore committed to taking all reasonable
steps to safeguard any existing or prospective clients, applicants and
website visitors.
11.2. The Company keeps any Personal Data
of its Users in accordance with the applicable privacy and data
protection laws and regulations.
11.3. The Company has the
necessary and appropriate technical and organisational measures and
procedures in place to ensure that the User’s Personal Data remains
secure at all times.
11.4. The Company regularly trains and
raises awareness for all its employees about the importance of
maintaining, safeguarding and respecting Personal Data and privacy.
11.5.
The Company regards breaches of individuals’ privacy very seriously
and will impose appropriate disciplinary measures, including dismissal
from employment.
11.6. It is the User’s responsibility to
make sure that their password is only known to the User and not
disclosed to anyone else. Personal Data is securely stored in a safe
location, and only authorised personnel have access to it via a
username and password. All Personal Data is transferred to the Company
over a secure connection, and thus all reasonable measures are taken
to prevent unauthorised parties from viewing any such information.
12. Security of the User’s Personal Data
12.1. The Company applies high industry standards and will always
apply adequate technical and organisational measures in accordance
with applicable laws to ensure that the User’s Personal Data is kept
secure.
12.2. In the event of a Personal Data breach, the
Company shall, without undue delay, and where feasible, not later than
seventy-two (72) hours after having become aware of it, notify the
breach competent supervisory authority.
13. Portability of Personal Data
13.1. The User also has the right to receive their Personal Data,
which they have provided to the Company, in a structured, commonly
used and machine-readable format and has the right to transmit those
data to another controller without hindrance from the Company.
13.2.
This right can be exercised by contacting the Company through its
contact form or by writing an email at contact@pocketforest.io and
attaching a copy of the User’s ID.
13.3. If the request is
submitted by a person other than the User without providing evidence
that the request is legitimately made on their behalf, the request
will be rejected.
13.4. The request is free of charge
unless the User’s request is unfounded or excessive (e.g. if the User
has already requested such Personal Data multiple times in the last
twelve months or if the request generates an extremely high workload).
In such a case, the Company may charge the User a reasonable request
fee according to applicable laws.
13.5. The Company may
refuse, restrict or defer the provision of Personal Data where it has
the right to do so, for example, if fulfilling the request will
adversely affect the rights and freedoms of others.
14. Storage of the User’s personal data
14.1. The User agrees that the Company may store their Personal Data
in any country of the EEA, including Switzerland and the United States
of America.
14.2. The storage, as well as the processing of
the Personal Data, may require that the User’s Personal Data are
ultimately transferred/transmitted to, and/or stored at a destination
outside of their country of residence. Where permitted by law, by
accepting the terms of the Privacy Policy, the User agrees to such
transferring, transmission, storing and/or processing. The User also
agrees that such activities may take place to or in countries offering
a lower level of protection than their country of residence.
15. Contact1
5.1. If the User has any questions about how the Privacy
Policy works in its main functions, they can reach the Company through
the Company’s Discord channel (hereinafter referred to as the “Help
Desk”)
15.2. The Help Desk does not promise in any way to
solve every doubt or problem the User may have concerning the use of
the Personal Data, nor does it promise to answer accurately every
question the User may have.
15.3. When the User contacts
the Company, it has to provide the Company with its name, address, and
any other information needed to identify the User, its reference, and
the issue on which they have feedback, questions, or complaints.
15.4.
If the User has any questions concerning the processing of its
Personal Data, please address its correspondence to the Company at the
Help Desk.
15.5. When the User sends a message to the
Company or otherwise sends data via the Websites, the Company can
collect and use their name and email address. The User will know what
data the Company collects through the Websites because they actively
submit it.
15.6. The Company uses the data collected from
the Websites for the following general purposes (this list is not
exhaustive):
15.6.1. to respond to the request that the
Users sent;1
5.6.2. to administer, protect and improve the
Websites;
15.6.3. to better understand the preferences of
the Users;
15.6.4. to compile aggregated statistics about
Websites usage; and
15.6.5. to inform the Users about the
services available on the Websites.
16. Governing Law and Dispute Resolution
16.1. The laws of British Virgin Islands (with the exclusion of any
rules that might lead to the use of any other law which is not the law
of British Virgin Islands) shall govern the validity and construction
of the Privacy Policy and any dispute arising out of or in relation to
the Privacy Policy.
16.2. Any dispute, controversy, or
claim arising out of, or in relation to, the Privacy Policy, including
regarding the validity, invalidity, or breach, shall be resolved by
arbitration in accordance with the British Virgin Islands Rules of
International Arbitration in force on the date on which the Notice of
Arbitration is submitted in accordance with those Rules. The number of
arbitrators shall be one. The seat, or legal place, of arbitration
shall be Road Town. The language to be used in the arbitral
proceedings shall be English.
16.3. The Parties agree that
any dispute is personal to the User and the Company and that any
dispute shall only be resolved by individual litigation and shall not
be brought as a class action or any other representative proceeding.
The User agrees that a dispute cannot be brought as a class or
representative action or on behalf of any other person or persons.
16.4.
In case of dispute, the User shall maintain the confidentiality of any
proceedings, including but not limited to any and all information
gathered, prepared, and presented for purposes of the litigation or
related to the dispute(s) therein.