A Better Payment System, Decentralized.
We don’t allow the use of Embr Checkout for the sale of Tokens for which the funds have the implicit or explicit purpose of promoting or involving:
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Latest update: 03.27.2023
These Terms of Services (the “Terms”) are between Embr Holdings Limited (“Embr”, “us”, “we”) and the entity which uses Embr Checkout, including by featuring the Embr Widget on your Interface, as defined below (the “Customer”; “you”). If you enter into these Terms on behalf of the Customer, you represent and warrant that you are authorized to do so.
These Terms are effective upon the earlier of (a) your download, copy, extraction or integration of the Checkout Widget on your branded interface, website, application, mobile application, web application, services, or product (your “Interface”) or (b) when creating an account and being prompt to consent to these Terms or (c) at any other moments when your consent to these Terms is obtained (the “Effective Date”).
These Terms come in effect at the Effective Date and remain in effect for as long as you are using Embr Checkout, including by making the Embr Widget available on any of your Interfaces, unless terminated earlier by either parties in accordance with these Terms (the “Term”). The Term will be considered automatically terminated 30 days after the Checkout Widget is disconnected from your Interface.
We may change these Terms from time to time, as set forth below. The version of these Terms applicable to you is the one in force when you last accepted these Terms.
Should you have any questions regarding these Terms, feel free to reach out to us by email at legal@embr.org.
Definitions
Embr Checkout
Licenses
Intellectual property
It’s simple: what is yours, stays yours, and what is ours, stays ours! We know you work hard on your projects, and we do too!
Confidential Data
Acceptable use
Personal Data
Compatibility Requirements
Financial Terms
Termination; Suspension
Disclaimers; Indemnification
Limitation of Liability
Dispute Resolution
General
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Latest update: 03.27.2023
These Terms of Use (the “Terms”) are between the entity who uses the Checkout Tool to allow you to conduct a Transaction (“us” or “we”) and you, the person who acquires, trades, or purchases Tokens through the Checkout Tool (“you”, the “User”).
These Terms apply to the Transaction upon your acceptance, and for as long as you own or control the Private Keys relating to the Wallet used to store the Tokens (the “Term”). We may change these Terms from time to time, please see the latest update date above. The version applicable to you is the version of these Terms in force at the time of the Transaction.
These Terms include a provision requiring you to arbitrate any dispute you may have with us regarding the Tokens, these Terms, or any Transactions. Please read carefully – if you decide to conduct a Transaction, you agree with these Terms.
Definitions
User Obligations
Transaction Terms
Technological Risks
Transactional Limitations
Transaction Material
No Professional Advice
Beta Services
Disclaimer
Limitations of Liability
Indemnification
Dispute Resolution
Termination
General Terms
On the page
Latest update: 03.27.2023
We understand that you want us to be just, fair, and transparent when we process your personal data. This Privacy Policy contains information on how we process your personal data, what rights you have, and how you can exercise them. If your privacy is important to you, this document should be useful to address your concerns.
However, our Privacy Officer and Data Protection Officer is available to respond to your questions at privacy@embr.org.
Embr Checkout allows our clients, like start-ups, token sellers, token creatives or project managers (each a “Project Owner”) to integrate Embr Checkout in its interfaces, websites, applications or other networks, to allow users to swap, exchange, buy or acquire Tokens (a “Transaction”). You can read more about Embr Checkout here.
If you are located in the European Union (“EU”) or in the United Kingdom (“UK”), we process your personal data as data processors for our clients who are using Embr Checkout (e.g., as a widget on their website). They decide on the lawful basis for processing your personal data. We are responsible for processing personal data based on their instructions.
“Processing” means collecting, using, retaining, deleting, aggregating, modifying, disclosing and any other automated or non-automated operations on personal data.
1. What is covered by this Privacy Policy?
This Privacy Policy only applies to the Embr Checkout, for instance:
(Let’s call these data flows together, “Embr Checkout”).
This Privacy Policy applies to our processing of personal data on the behalf of our clients. Personal data is data that allows us to identify you, either directly (e.g. your name) or indirectly when combined with other types of data (e.g. the color of your hair). Some of the data that we refer to as “personal data” may not be protected by the same rights under the law. This page is just to provide you information, not some legal advice.
You understand that we don’t control how our clients process your personal data on their websites, or otherwise in relation with a Transaction. Please refer to their respective privacy notices for more information. For clarity, we are not the merchant in a Transaction, nor a payment provider. We only facilitate the workflows for the Transaction, based on our clients’ instructions. To conduct a Transaction, you may interact with third-party services, such as blockchains, decentralized exchanges, wallets and other services or products (“Third-Party Services”). We are not responsible nor do we control the privacy practices of these Third-Party Services; please refer to their respective notices.
2. How do we process your personal data, and for what purposes?
We collect personal data for these main purposes: (a) to allow users to create and register through accounts that contain functionalities such as building workflows for Transactions, (b) to process the Transaction; (c) to provide technical support to our clients’ users, and (d) to protect individuals by conducting identity checks and other money laundering monitoring, as applicable from time to time. We don’t sell your personal data.
We don’t process credit card data, and we don’t conduct transactions, we just automate a series of transactions using cryptocurrencies and third parties.
We may obtain your personal data from third parties involved in the Transaction (e.g. a wallet), or we may disclose your personal data to these third parties to complete the Transaction, depending on Project Owners’ instructions.
If a processing is based on your consent, you have the right to withdraw your consent. However, the withdrawal will apply to the future. You understand that we cannot remove information published on a blockchain and that such information is public.
Table 1 : Purposes for Processing X Corresponding IconsIconPurposes
For each of the purposes of processing, the table below identifies what are the purposes of processing for each data type.
Table 2 : Personal Data Types x Purposes of Processing
3. Do we use Cookies and for what purposes?
We install our own cookies and third-party cookies on your browser or device through our Website. Some of these cookies are uninstalled automatically at the end of your browsing session. Others are persistent, which means that they remain installed for up to 24 months unless you uninstall them.
We currently do not respond to “Do Not Track Signals”, and we do not sell your personal data nor use marketing cookies. If this changes, we will update this Privacy Policy.
As part of Embr Checkout, the following cookies may be used, such as to complete a Transaction.
We do not conduct interest-based advertising using your data.
4. How can you manage your cookie preferences?
You can manage your cookie preferences through your browser, by uninstalling and blocking certain cookies. Click on your browser below to obtain instructions. You can withdraw your consent on the use of cookies at any time by managing your preferences. However, certain features, such as patent processing, require cookies for security purposes.
You can install the Google Analytics opt-out browser add-on, which prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms.
5. Do we share your personal data with other entities?
We share your personal data with our service providers so that we can provide you with the functionalities in Embr Checkout, and make sure that our product is safe to use. For instance, we use a cloud service provider for some aspects of Embr Checkout, and we use Zoho to provide some of our technical support services.
We may also share your personal data as required to execute a Transaction. To conduct and automate Project Owner’ desired transaction workflow and completing the token transaction, we may be required to share your personal data with third parties, as indicated by the Project Owners. Here are some types of third parties with whom we may share personal data about Buyers.
We may also disclose personal data to affiliates. In unusual circumstances, we may also share personal data:
With law enforcement and other authorities if we are required to do so (or if we reasonably believe that we are required to do so) to comply with legal or regulatory requirements, or in the context of legal proceedings.
With prospective buyers or sellers in the context of a restructuring of our business or the sale or purchase of our business or any of our assets, or in case of a merger or acquisition.
6. How long do we retain personal data, and where is my personal data processed?
We keep your personal data, if necessary (a) for the purposes of the collection or (b) as long as required under applicable laws, whichever is longer. For instance, we may be required to keep personal data about Transactions after they are completed, to demonstrate compliance with certain fiscal regulations.
Transactions facilitated by Checkout occur on blockchains, which means that your transaction data is recorded and kept on the blockchain’s ledger which is publicly accessible to everyone. Blockchain is by nature decentralized, therefore individual nodes on the ledger can be located anywhere worldwide. Transaction data is also stored indefinitely by blockchain networks, due to the very nature of blockchain technology. It allows such Transactions to be verifiable. We have no control over the blockchain network.
Performing transactions requires processing personal data in various jurisdictions. The use of blockchains may leverage nodes in different regions through which personal data can transit. Third parties may also be in other jurisdictions than yours. Therefore, we may transfer information to countries outside of your country of residence which may have data protection laws and regulations that differ from those in your country. We put reasonable measures in place before transferring personal data to service providers. These measures include, when required or appropriate and feasible, obtaining written assurances from third parties that may access your personal information that they will protect the information with safeguards designed to provide a level of protection equivalent to that adopted by us.
7. How do we keep your personal data safe?
Embr Checkout’s security is audited, including through smart contracts and Token LP Basic Security Check. Embr Checkout includes on-chain AML analysis, KYC and fraud monitoring functionalities.
8. Do you collect personal data from minors?
We do not allow individuals under 18 years old to use Embr Checkout.
9. What are my rights over my personal data?
Your rights differ depending on where you are in the world when the personal data is collected. However, we try to provide the same rights to all concerned individuals.
In most locations, you can access a copy of your personal data, be informed of its processing and to rectify your personal data if it is inaccurate. Additional rights may include the following:
If you would like to learn more about these rights in the EU/UK, click here.
10. How do I exercise my rights?
You can send us a request to exercise your rights directly, but we may direct you to the Project Owner or collaborate with the Project Owner when handling your request. You can lodge your complaint directly with our Privacy Officer at privacy@embr.org.
Once we receive your request, we will get back to you within 30 days. In some cases, we may need additional information to validate your identity, in which case we will use it only for this reason and delete it after.
We do not charge any fees for you to exercise your rights. However, we may charge reasonable fees for requests that are manifestly unfounded or excessive, in particular because of their repetitive character. We may also refuse to act on any such requests.
If you disagree with how we handle your personal data or how we responded to your request, you are also always entitled to lodge a complaint with your competent data protection authority, such as the Office of the Privacy Commissioner of Canada. You can find a list of data protection authorities and their contact information here.
You can find more information on how to lodge a complaint with these authorities on their respective websites.
11. Can we change this Privacy Policy?
We can change this Privacy Policy for many reasons, including to comply with new disclosure requirements, or to reflect new functionalities or services.