Effective date: 12/05/2023

Element Wallet, operated by Element Wallet, Inc., ("Element Wallet", "we", "us", or "our") respects your privacy and is committed to protecting it through our compliance with this policy. This Privacy Policy ("Policy") informs you of our policies regarding the collection, use and disclosure of personal information when you use our websites, mobile applications, emails we send, or any other service where we link to this Policy (collectively our "Services"). By using the Service, you agree to the collection and use of information in accordance with this Policy. Unless otherwise defined in this Policy, the terms used in this Policy have the same meaning as in our Terms of Use.

Information Collection

Types of Personal Information Collected

Depending on how you interact with the Services, we may collect the following information about or from you:

• Personal information and contact information, such as your name, e-mail address, and any other information you submit through the form available on the Contact Us page of our Services.
• Basic account data, such as your profile name, profile picture, email address, phone number, and other information necessary to create an account.
• Your contacts, if you choose to share that data with us.
• Your email address will be stored when you enable 2-factor authentication for your account and set up a password recovery email.
• Communications between you and us. When you communicate with us, such as through e-mail, we may collect and save a record of your communication and any personal information provided during the communication.
• Usage data and automatically collected technical information such as traffic data, non-precise location data, logs, and other communication data and the resources that you access and use on the Service.
• Information about your computer and internet connection, including, but not limited to, the type of device you use, the IP address of your device, your operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.  

Sources of Personal Information

We collect personal information from various sources including data directly from you, from public sources, and from automated systems.

Direct interactions. You may give us your personal information by filling in forms or by corresponding with us by post, email or otherwise. This includes data you provide when you:

• sign up for our Services;
• participate in ways to improve customer satisfaction and customer experience;
• engage customer support;
• request marketing to be sent to you;
• enter a competition, promotion, or survey; or
• give us feedback or contact us.

Public sources. We collect data from the public blockchain that may reveal your personal information.

Automated technologies or interactions. As you interact with our Services, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see the Cookies and Analytics Section below for further details.

Retention of Personal Information

Except to the extent prohibited by law, and subject to this Policy, we will retain and use your personal information for as long as it is needed for the relevant purpose, including to provide you with any of our Services, communications, information you have requested, or access to the Services, to document our business relationship with you, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Please note that the nature of blockchain services is that certain data cannot be deleted or erased.

For information related to the retention of your communications using our messaging feature, see the Encrypted Messages Section below.

Providing us with Personal Information

If you do not provide the personal information that is necessary, we may be unable to respond to your query or provide our Services to you. In the case of email marketing, you can choose to opt-out at any time by following the instruction in such emails. For non-essential cookies, you can choose to opt-out, refuse, or stop the processing at any time. Please see the Cookies and Analytics Section below for further details.

Encrypted Messages

Certain parts of our Services allow you to send direct messages to other Service users. We do not see or retain the contents of your messages in the ordinary course of providing our Services to you. Instead, your messages are stored on your device and end-to-end encrypted while in transit. This means that the contents of the messages are encrypted with a key that only you and the recipient know. There is no way for us or anybody else without direct access to your device to learn what content is being sent in those messages. We do not store your chats on our servers (except as described above), but we do maintain a log of communication (but not the content of the communication) between users.

Use of Personal Information

We, and our authorised third parties, will only process your personal information where we have the legal grounds to do so. We use the personal information that we collect for various purposes, including:

• To provide and maintain our Service. Our lawful basis is to fulfil any contractual terms with you.
• To notify you about changes to our Service. Our lawful basis is to fulfil any contractual terms with you.
• To allow you to participate in interactive features of our Service when you choose to do so. Our lawful basis is our legitimate interests and contract of providing the Services to you.
• To provide customer support. Our lawful basis is our legitimate interests as a business in responding to and keeping a record of correspondence.
• To gather analysis or valuable information so that we can improve our Service. Our lawful basis is our legitimate business interests in understanding and improving our services.
• To monitor the usage of our Service. Our lawful basis is our legitimate business interests in understanding and improving our services.
• To detect, prevent and address technical issues. Our lawful basis is to fulfil any contractual terms with you by providing technical support and our legitimate business interests in protecting our Services.
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information. Our lawful basis is your consent to choose to subscribe to any newsletter or marketing (and you can unsubscribe at any time) and consent where we use cookies or similar technology that are not strictly necessary.

Under European Union and/or United Kingdom regulations, where we have indicated above that we rely on legitimate interests for processing of personal information, we carry out a 'balancing' test to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests, before we go ahead with such processing. You can contact us for more details using the details below.

Transfer of Personal Information Overseas

We are a global company and will collect and process your personal information around the globe. Your information, including personal information, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction from where it was collected and the applicable data protection laws may differ from those of your jurisdiction.

Disclosure of Personal Information

Personal information may be shared in the following circumstances:

Service providers

We may disclose personal information to third-party service providers or contractors who use this information to perform services for us, such as hosting providers, auditors, advisors, consultants, customer service and/or support providers and other similar service providers.

Advertising and Marketing Partners

We may share personal information with third parties that provide advertising, campaign measurement, promotions, online and/or mobile analytics, and related services. These third parties may receive or access browsing and/or other data about your use of the Services, in order to measure our ad campaigns, and/or to better understand how individuals interact with our Services.

Legal Requirements

We may disclose your personal information to law enforcement, government officials, or other third parties when we have a good faith belief that such action is necessary to comply with a legal obligation, such as a valid court order or subpoena, prevent or investigate possible wrongdoing in connection the Service, protect prevent physical or financial loss, or to protect against legal liability.

Business Transfers

We may share personal information with companies or other entities that we plan to merge with or be acquired by.

Protect our Rights

We may disclose personal information where we believe it necessary to respond to claims asserted against us, to enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation and/or to protect our rights, property, or safety and that of our affiliates, partners, clients, customers and/or others.

Cookies and Analytics

We use cookies, pixels, tags, and other technologies, which may be provided by third parties, on our Services to enable certain functionality and for security and fraud detection and prevention, as well as to collect usage information about our Services and the emails that we send and to personalize content and provide more relevant ads and information. We may combine the information we collect via these technologies with other information, including personal information.

Cookies

Cookies are alphanumeric identifiers that are transferred to your computer through your web browser for record-keeping purposes. Some cookies enable you to log-in to our Services or save certain settings and preferences, while others allow us to track usage and activities on our Services, personalize content, or deliver more relevant ads. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The "Help" tab on the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you block cookies, however, certain features on our Services may not be available or function properly.

Third parties may use cookies and other similar technologies to collect or receive information from our Services and elsewhere on the Internet and use that information to provide you with targeted ads. If you would like to opt-out of such advertising practices on the particular device on which you are accessing this Privacy Policy, please go to http://optout.aboutads.info/. The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit http://www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

Pixel tags and embedded script (aka clear GIFs and web beacons)

Pixel tags are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, pixel tags are embedded invisibly on web pages. We may use these, in connection with our Services to, among other things, track the activities of the users of our Services, improve ads, personalize and manage content, and gather usage information about our website. We may also use these in HTML emails to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Third-Party Analytics Tools

Our Services use automated devices and applications operated by third parties, such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google's practices by going to www.google.com/policies/privacy/partners/, and you can opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We also have procedures to deal with any suspected personal information breach, and we will notify you and any applicable regulator when we are legally required to do so.

Spam and Abuse

To prevent phishing, spam and other kinds of abuse and violations of Element's Terms of Service, our moderators may check messages that were reported to them by their recipients. If a spam report on a message you sent is confirmed by our moderators, your account may be limited from contacting strangers – temporarily or permanently. In case of more serious violations, your account may be banned or the Messaging Feature disabled. For more information about our community guidelines, please see the Terms of Use.

Links to Other Sites and Platforms

Our Service may contain links to other websites, plug-ins and applications that are not operated by us. If you click a third party link, you will be directed to that third party's site, which may allow third parties to collect or share data about you. We strongly advise you to review the privacy policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Services are not offered to users under the age of majority in the jurisdiction they are accessing the services from and we do not knowingly collect personally identifiable information children under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verifiable parental consent, we will take steps to remove that information.

Do Not Track

We do not currently recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Third parties may be able to collect information, including personal information, about your online activities over time and across different websites or online services when you use the Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.

Your Data Rights

Depending on where you live, you may have certain rights, such as to request access to or correction of your personal information that we hold about you. To make a request, please email: privacy@elementwallet.com.

European Union and United Kingdom:

Where EU and UK regulations apply, you have the right to:

Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal information (also known as the "right to be forgotten"). This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process, when you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you and because of our use of blockchain technology.

Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:

• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful, but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

No fee usually required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond. We try to respond to all requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

United States Residents:

California Shine the Light. Where applicable, California Civil Code Section 1798.83 allows California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request please contact us using the information provided in the Contact Us section below. Please note, we do not disclose personal information to third parties for their direct marketing purposes.

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. To make such a request please contact us using the information provided in the Contact Us section below. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to any significant changes becoming effective and update the "effective date" at the top of this Privacy Policy.

Contacting us

If you have any questions about this Policy, including any requests to exercise your legal rights, please contact us using the details set out below.

For general privacy inquiries, please contact us at: privacy@elementwallet.com

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the DPO by sending an email to privacy@elementwallet.com with DPO in the subject line.

We have appointed representatives pursuant to Article 27 EU and UK GDPR, who can be contacted for any questions related to our processing of personal data in the EU/UK. If you have a question or concern about how we may process your personal data, please contact CoreWallet.EURep@datarologie.com (EU) or CoreWallet.UKRep@datarologie.com (UK).

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk) or the Data Protection Commission (DPC), the Ireland regulator for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the ICO/DPC so please contact us in the first instance.