Last revised: 20.02.2024

ICM Capital Privacy Notice

ICM Capital AG (hereinafter - “Company”, “we", “us”, “our”) is the data controller for the General Data Protection Regulation (EU) 2016/679, Data Protection Act of 4 October 2018, Data Protection Ordinance of 11 December 2018 (hereinafter – “GDPR”). This Privacy Notice together with our Terms of Use sets out the basis on which any personal data ICM Capital collect from you, or that you provide to us, will be processed by us for the provision of our services to you through our website and/or other applicable software, including but not limited to: the ICM Capital AG Digital Securities Dashboard (hereinafter – the “Dashboard”). The website can be accessed via the following link: icm-cap.com (hereinafter – the “Website”).

ICM Capital steers clear of ambiguity and uncertainty. ICM is leading the way, injecting real value into the blockchain revolution.

Please read the following carefully to understand our views and practices regarding your data and how ICM Capital will treat it. By visiting our Website, you are accepting and consenting to the practices described in this Privacy Notice.

ICM Capital takes the protection of our user's ("user/you/your") personal data very seriously and strictly comply with applicable data protection laws and regulations. In this Privacy Notice below ICM Capital provides you with an overview of what data ICM Capital collects for what purpose and how ICM Capital ensures the protection of such data. 1.1. Legal basis for collection and processing of your data Applicable legal provisions are in particular those of the regulation the General Data Protection Regulation (EU) 2016/679, Data Protection Act of 4 October 2018, and Data Protection Ordinance of 11 December 2018. ICM Capital will only collect, use and/or pass on Personal Data if this is permitted by law or if the user consents to the data processing. 1.2. Your data will be used for the following purposes: 1. To implement this Privacy Notice and carry out the contractual relationships between you and us regarding our services available via the Website and/or our other software, including the DS Dashboard (Art. 6 (1) b. of GDPR);
2. to provide our services on the Website, to contact you in any matters regarding our services (also using emails and messaging), and to ensure the technical functionality of our services and fulfillment of contractual or pre-contractual obligations (Art. 6 (1) b. of GDPR); 3. to prevent fraudulent behavior by any of our users (Art. 6 (1) b. and f. of GDPR); 4. to analyze your use of our services and improve our services (Art. 6 (1) b. and f. of GDPR); 5. with your express consent or instruction to carry out our business activities or send you newsletters and other advertising materials (Art. 6 Para. (1) a. of GDPR); 6. to follow our internal policies and protect our legitimate interests (Art. 6 (1) a., b. or f. GDPR or Art. 9 (2) a. of GDPR); 7. to save your blockchain data (e.g. your Polygon wallet address) on the distributed ledger (on Art. 6 (1) f. of GDPR); 8. to comply with our legal obligations before third parties involved in the process of performance of our services (Art. 6 (1) c. GDPR); 9. to provide you with information about other goods and services ICM Capital offers that are similar to those that you have already purchased or enquired about; 10. to provide you, or permit selected third parties to provide you, with information about goods or services ICM Capital feel may interest you. If you are an existing customer, ICM Capital will only contact you by electronic means (e-mail) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where ICM Capital permits selected third parties to use your data, ICM Capital (or they) will contact you by electronic means only if you have consented to this. You have the right to request ICM Capital not process your data for direct marketing. 11. to notify you about changes to our services; 12. to ensure that content from our Website is presented most effectively for you and your device; 13. for other purposes otherwise explained in this Privacy Notice or by any further communication from us; and 14. to comply with any applicable 'know your customer', anti-money laundering, or anti-terrorist financing laws and regulations in any jurisdiction in which ICM Capital operate, including, without limitation, Liechtenstein.

2. Your Consent

ICM Capital can collect and process your data with your consent. By clicking the “I Agree” button on any of our resources or using our Website, or other of our services you confirm that you fully agree with this Privacy Notice and provide explicit and full consent to us for the collection, processing, and transferring of your data, inter alia, outside Liechtenstein.

3. Recipient(s) of Your Data

ICM Capital, as well as our external service providers, receive your data for the provision of our services. ICM Capital may need to share your information with our external service providers, affiliates, and/or agents. ICM Capital requires that third-party organizations who handle or obtain personal information as service providers acknowledge its confidentiality and undertake to respect an individual's right to privacy and comply with data protection principles including this Privacy Notice.

4. Information ICM Capital May Collect From You

4.1. ICM Capital may collect and process the following data about you: 1. your name.
2. physical address.
3. e-mail address and phone number.
4. credit card information, Polygon wallet address, and other financial information applicable for the provision of our services.
5. date of birth.
6. gender and nationality.
To obtain the above-mentioned information ICM Capital may either ask you during your filling of any forms (e.g. registration forms) to access our services. Or, ICM Capital may ask you to provide us with copies of respective documents by phone, e-mail, or otherwise. Such documents include but are not limited to: - passport;
- driver's license.
- transaction history.
- certificates. 4.2. the Company may also gather data about you: - When you engage with us on social media.
- When you choose to complete any surveys ICM Capital send you.
- When you comment on or review our products and services.
- When you have given third party permission to share with us the information they hold about you.
- When Company’s suppliers and partners share information. 4.3. ICM Capital may collect your data from publicly-available sources when you have given your consent to share information or where the information is made public as a matter of law concerning KYC and AML regulation. 4.4. ICM Capital may collect notes from our conversations with you, details of any complaints or comments you make, details of investments you made, and how and when you contact us. 4.5. Concerning each of your visits to our Website ICM Capital may automatically collect the following information: 1. technical information, including the internet protocol (IP) address used to connect your computer to the internet.
2. browser type and version.
3. time zone setting.
4. browser plug-in types and versions.
5. operating system and platform. 6. information about your visit, including the full uniform resource locators (URL) clickstream to, through, and from our Website (including date and time).
7. products you viewed or searched for.
8. page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs).
9. methods used to browse away from the page and any phone number used to call our customer service number. 4.6. Information ICM Capital receives from other sources. ICM Capital may receive information about you if you use any of the other websites ICM Capital operates or the other services ICM Capital provides. ICM Capital also work closely with third parties (including, for example, business partners, sub-contractors in technical, payment, and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them.

5. Your Rights

5.1. You have the right to: 1. withdraw your consent relating to the use of your data at any time with effect for the future when such data processing is based on your consent*.
2. object to the processing of your data, if your data is processed based on legitimate interests (based on Art. 6 (1) f. GDPR).
3. access the scope of data stored by us.
4. amend or rectify your data if such data is incorrect or outdated.
5. request the restriction of processing of your data.
6. request the erasure of your data**.
7. receive information about the stored data (in a structured, current, and machine-readable format) at any time.
8. be informed (subject to applicable statutory limitations) of whether your data is being processed by us or on our behalf and, if so, be informed of a description of: (a) the personal data relating to you which is being or will be processed.
(b) the purposes for which the personal data is being or will be processed.
(c) the recipients or classes of recipients to whom personal data is or may be disclosed.
and (d) any information available to us as to the source of the data.
* Please note that if you become our Investor as described in the Dashboard Terms of Use and at any point will decide not to use our services and/or products ICM Capital is legally obliged to nevertheless store your data related to you as our investor for maintenance of our Investor list.
** Please note, that your blockchain data stored on a distributed ledger is pseudonymized and in any case, cannot be deleted by us due to the consequences for the integrity of the entire chain, specifically, due to deletion of such chain containing transactions validation history of other users. 5.2. To enforce your above-mentioned rights, you may reach us through the email address included at the end of this document.

6. Deletion of Your Data

The data that ICM Capital collects from you will be stored and processed for the period necessary to provide you with our services and will be deleted, subject to any retention requirements contained in any applicable law after there will be no need for its storage and processing. Please note that when using our Website and/or any of our available services certain information and data about the user will be stored on the blockchain in pseudonymized form and may not be deleted.

7. Disclosure of Your Data

7.1. ICM Capital may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company, and its subsidiaries as well as the above-mentioned third-party services providers. ICM Capital provides only the information they need to perform their specific services. They may only use your data for the exact purposes ICM Capital specifies in our contract with them. ICM Capital works closely with them to ensure that your privacy is respected and protected at all times. If ICM Capital stops using their services, any of your data held by them will either be deleted or rendered anonymous. 7.2. ICM Capital may share your data with selected third parties including: - business partners, suppliers, and subcontractors for the performance of any contract ICM Capital enters into with them to render you our services.
- advertisers and advertising networks that require the data to select and serve relevant adverts to you.
- analytics and search engine providers that assist us in the improvement and optimization of our Website.
- credit reference agencies to assess your credit score where this is a condition for us entering into any agreement with you regarding our services.
- if ICM Capital sells or buys any business or assets, in which case ICM Capital may disclose your data to the prospective seller or buyer of such business or assets.
- if ICM Capital or substantially all of its assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
- if ICM Capital is under a duty to disclose or share your data to comply with any legal obligation, to enforce or apply any agreements between you and us, or to protect our or our customer’s rights, property, or safety. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
- ICM Capital may, from time to time, expand, reduce or sell the Company and this may involve the transfer of divisions or the whole business to new owners. If this happens, your data will, where relevant, be transferred to the new owner or controlling party, under the terms of this Privacy Notice.

8. Use of the Blockchain

When using our services, including Dashboard, certain information and data about the user will be stored on the blockchain in pseudonymized form and may not be deleted because it is not possible without deleting the entire chain. Such data stored on the blockchain will only be in pseudonymized form, including the address (public key) of the user of the relevant services, a flag that the user is verified, a flag stating that the user is a sophisticated investor, a flag that the user has verified their bank account. In this event and if such data is considered to be Personal Data, the data processing by us is subject to Art. 6 (1) f. of GDPR based on our legitimate interest in using and providing this technology for our services in a functioning way.

9. Sharing Your Data With Authorities

ICM Capital will only do this in very specific circumstances, for example: - the transferring of personnel data is needed according to some authority’s tasks and conditions of transferring were done.
- the third party demonstrates a legal interest in receiving personnel data and the owner of personnel data demonstrates their consent.
- the transferring of personnel data is needed for implementing legal requirements and a third party will guarantee to keep the preliminary goals of using personnel data.
- for fraud management, ICM Capital may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.
- ICM Capital may also be required to disclose your data to the police or other enforcement, regulatory, or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and consider the privacy of our customers.

10. Cookies

10.1. A cookie is a small file of letters and numbers that ICM Capital stores on your browser or the hard drive of your device if you agree to accept them. Cookies contain information that is transferred to your device's hard drive. Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. By continuing to browse the Website you consent to our use of cookies. 10.2. ICM Capital uses the following cookies: - strictly necessary cookies – which are required for the operation of our Website, including, cookies that enable you to log into secure areas of our Website.
- analytical/performance cookies – which allow us to recognize and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for in the possible easiest way.
- functionality cookies – which are used to recognize you when you return to our Website, enabling us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
- targeting cookies – which record your visit to our Website, the pages you have visited, and the links you have followed. ICM Capital uses this information to make our Website more relevant to your interests. ICM Capital may also share this information with third parties for this purpose.
10.3. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which ICM Capital has no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
10.4. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

11. Access to Information on Your Data

11.1. GDPR gives you the right to information held about you and information can be accessed by emailing r.ramezanian@whiterocks.qa. 12. Changes to Our Privacy Notice 12.1. Any changes ICM Capital may make to our Privacy Notice in the future will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Notice.

13. Contacts

13.1. Questions, comments, and requests regarding this Privacy Notice are welcomed and should be addressed to r.ramezanian@whiterocks.qa.