Privacy Policy

1. Introduction

This privacy policy (“Privacy Policy”) describes how Num Finance Ltd. (“Num”) collects, uses, stores, shares and protects your information when you complete the onboarding process, use the services and products provided by Num and/or visit https://num.finance website (collectively, the “Services”), and what Num does with such information.

By using the Services Num provides and by becoming associated with Num, you consent to the use of your personal information (“Personal Information”) in accordance with the policies described below. If you do not agree with any part of this Privacy Policy, please refrain from using any of the Services.

The privacy of your information is of the utmost importance to Num, which is why we take precautions to safeguard Personal Information by using the most comprehensive and effective information security mechanisms available.

This Privacy Policy will be provided to customers either before or at the time of collecting the Personal Information, or as soon thereafter as reasonably practicable.

2. Personal Information

2.1. In order to access the Services, you must complete the Onboarding process. You must provide certain complete and accurate Personal Information through the onboarding process. Num may request, collect and store the following Personal Information:

  • first and last name,

  • valid ID number,

  • physical contact information (such as telephone number, address, e-mail address, etc.) and evidence of this.

Num may confirm the Personal Information provided by contacting public entities, specialized companies or credit bureaus, for which you hereby expressly authorize Num to do so. The information Num obtains from these entities will be treated in accordance with this Privacy Policy and our terms and conditions of our Services

2.2. Num commits to you that the Personal Information collected by Num will at no time exceed the scope and purpose for which it was obtained, in accordance with current regulations.

3. Use of Personal Information

3.1. In order to comply with its legal obligations and to enable you to access the Services in an agile and dynamic manner, Num requires certain Personal Information, including your e-mail address and photograph of ID card. We will collect your Personal Information for the following purposes: (i) Register in our systems and be able to contact you; (ii) Verify that you comply with legal requirements; (iii) Create and maintain a record of your operations; (iv) Give support to your queries and claims; (v) Improve our offer of services and functionalities through the study and analysis of your interests and behaviors.

3.2. You acknowledge and agree that, in furtherance of its corporate purpose, Num may disclose, transmit or share your Personal Information -either nationally or internationally- with the following categories of third parties:

  • Num Affiliates: Num may share your Personal Information with its affiliated companies that are either directly or indirectly controlled, owned by or subject to a common control with Num ("Num Affiliates"), in accordance with this Privacy Policy.

  • Service Providers: Num may share your Personal Information with financial, accounting, legal, marketing, and technology companies to provide services such as, but not limited to, data processing, administrative services, regulatory support, legal services, liquidity services, bank services, cloud storage, authentication support, payment processing, technical support, sales, client support, data hosting, marketing analytics auditors, accountants, cryptocurrency exchange and custodians, and cryptocurrency forensic analysis services.

  • Financial Institutions: Num may share your Personal Information with certain financial institutions in connection with transfers of funds to protect legitimate transactions and to monitor and mitigate the likelihood of illicit transactions.

  • Regulatory and Government Authorities: Num may share your Personal Information with governmental entities, including, but not limited to, law enforcement, regulatory agencies, self-regulatory agencies, and other appropriate agencies.

Num will at all times remain responsible for compliance with the requirements of applicable data privacy law, including the Bermuda Personal Information Protection Act. Num will also ensure that where those third parties process your Personal Information in jurisdictions which do not provide an equivalent standard of data privacy as Bermuda, Num will put in place appropriate protections, as required under Bermuda law.

Num may share, transfer, allow access, or disclose your Personal Information to our affiliate companies and third parties to:

  • Administer or process a transaction, product, or service you have authorized or requested, or in the context of facilitating the execution of a transaction;

  • Validate client identity as required by applicable laws and regulatory requirements;

  • Facilitate the process for opening and maintaining client accounts (Personal Information is shared during the account opening process and shared on an ongoing basis thereafter);

  • Carry out or aid in certain functions, including, but not limited to, account processing, surveillance, reconciliation, execution, document retention requirements, and document dissemination;

  • Process payments and transaction that you have authorized;

  • Operate, improve, and/or market Num services and products;

  • Transfer information to a purchaser of Num's business;

  • Resolve a deficient balance upon account closing or excessive insufficient funds in your account;

  • Deliver goods or services relating to promotions and special offers that require us to collect and share your Personal Information (e.g., mailing address);

  • Provide services, including, but not limited to, consulting, sales, client support operations, payment processing, authentication services, and technical support; and

  • For other purposes which may include, but are not limited to, third-party audits, which may require disclosure to third parties about your account or transactions with your prior written permission.

Other circumstances under which Num may disclose your Personal Information include to:

  • Enforce and/or investigate violations of our agreements, policies, procedures and/or terms of use;

  • Help prevent potential fraud or other potentially unlawful activities and report suspected illegal activities;

  • Prevent physical harm or financial loss;

  • Comply, as necessary, with applicable laws and regulatory requirements;

  • Respond to legal or governmental requests or demands for information (e.g., subpoena, court order, or other legal proceedings); and

  • Meet national security requirements.

If an affiliate company or another third party needs access to certain Personal Information to carry out certain functions on Num's behalf, they will do so under Num's instructions. Third parties with whom Num shares your Personal Information have their own privacy policies; however, they are expected to protect your Personal Information in a manner that aligns with the protocols described in this Privacy Policy and as applicable law may require. Num does not share Personal Information with third parties for their own benefit, unless you have given Num your consent to do so.

3.3. In addition to the circumstances described above, from time to time, Num may request your permission to allow Num to share your Personal Information with third parties. You may opt out of having your Personal Information shared with third parties, under certain circumstances, or from allowing Num to use your Personal Information for a purpose that is incompatible with the purposes for which Num originally collected it, or subsequently obtained your authorization. If you choose to so limit the use of your Personal Information, certain features or Num services may not be available to you.

3.4. Num may have links to unaffiliated third-party websites on our website. These third-party websites have their own privacy policies. Num has no involvement with their policies and is not responsible for their practices. You are encouraged to review the privacy policies of all third-party websites you visit.

3.5. All use of your Personal Information by Num will be done in a lawful and fair manner in accordance with this Privacy Policy and any and all applicable laws.

4. Confidentiality of Personal Information

4.1. Num will not sell, rent or share Personal Information. Notwithstanding the foregoing, you expressly consent to Num transferring all or part of the Personal Information to any of Num's controlled, controlling and/or related companies, in any capacity and at any time, in any manner and on any terms and conditions it deems appropriate. You further authorize Num to transfer the Personal Information in the event of the sale or transfer of all or any portion of Num or Num's assets (including in the event of any restructuring, dissolution or liquidation).

4.2. Num will use its best efforts to protect the privacy of Personal Information. Notwithstanding the foregoing, as set forth in Section 5 hereof, Num may be required by a court or administrative order or legal regulation to disclose Personal Information to law enforcement authorities or third parties under certain circumstances without notice to you. Such a court, administrative body or law enforcement authority may or may not be in Bermuda.

5. Legal Requirements

5.1. Num will cooperate with the competent authorities and other third parties to ensure compliance with laws, for example, regarding the protection of intellectual property rights, fraud prevention, prevention of money laundering and terrorist financing and other matters.

5.2. Num may disclose your Personal Information as required by law or as requested by competent judicial or governmental authorities for the purposes of investigations conducted by them and in the face of any activity that may be illegal or that may expose Num or yourself to any legal liability. In such situations, Num will cooperate with the competent authorities in order to safeguard the integrity and security of both the community and yourself, complying with the minimum and indispensable requirements requested by law or competent judicial authority without unnecessarily compromising your Personal Information. Without prejudice to paragraph 5.3 below, Num will require the corresponding notification duly signed by a judge and/or competent authority in the event of a request for information requested by the authorities. In no event will Num provide your Personal Information pursuant to information requests that are excessive and/or do not comply with applicable legal requirements.

5.3. In addition, Num reserves the right (and you expressly authorize it to do so) to disclose information to entities or third parties where there is sufficient reason to believe that your activity is suspected of attempting or committing a crime or attempting to harm others. This right will be exercised by Num to maintain the integrity and security of both the community and yourself, to render the Services and for purposes of cooperating with law enforcement and Num’s Compliance and AML/CFT Policy. This right will be exercised by Num irrespective of any court or administrative order to that effect.

5.4. Num will use its best efforts to protect the privacy of Personal Information, and will share such information in the instances referred to in this clause only as appropriate or necessary.

5.5. Num will not use any Personal Information to discriminate against any person (including contrary any provision of Part II of the Bermuda Human Rights Act 1981).

5.6. You understand and agree that Num may use your Personal Information even where no consent has been obtained where: (i) the personal information was collected from, or is disclosed to, a public authority which is authorised or required by a statutory provision to provide the personal information to, or collect it from Num; (ii) it is required for complying with an order made by a court, individual or body having jurisdiction over the Company; (iii) the use of the Personal Information is for the purpose of contacting the next of kin or a friend of an injured, ill or deceased individual; (iv) the use of the Personal Information is necessary in order to collect a debt owed to Num or for Num to repay to an individual money owed by Num; (v) the use of the personal information is in connection with disclosure to the surviving spouse or a relative of a deceased individual if, in the reasonable opinion of Num, the disclosure is appropriate; or (vi) the use of the personal information is reasonable to protect or defend Num in any legal proceeding.

5.7. If Num receives any Sensitive Personal Information, Num will only use such Sensitive Personal Information where: (i) the consent of the individual to whom the information relates is obtained; (ii) it is required by an order made by either the Courts or the Bermuda Privacy Commissioner; or (iii) it is required in any criminal or civil proceedings. For purposes of this section, "Sensitive Personal Information" shall mean any personal information relating to an individual's place of origin, race, colour, national or ethnic origin, sex, sexual orientation, sexual life, marital status, physical or mental disability, physical or mental health, family status, religious beliefs, political opinions, trade union membership, biometric information or genetic information.

6. Security and Storage of Personal Information

6.1. Num is obligated to comply with all applicable regulations regarding security measures applicable to Personal Information.

Num considers your Personal Information to be an asset that must be protected from loss or unauthorized access. To this end, Num employs various security techniques to protect such data from unauthorized access by third parties inside or outside the company. The information security measures we use are proportional to (a) the likelihood and severity of the harm threatened by the loss, access or misuse of the Personal Information; (b) the sensitivity of the Personal Information (including, in particular, whether it is sensitive personal information); and (c) the context in which the Personal Information is held.

These measures will be reviewed and assessed on a semi-annual basis. Notwithstanding the foregoing, considering that the Internet is an open, publicly accessible system, Num cannot guarantee that unauthorized third parties will not be able to overcome security measures and misuse Personal Information.

6.2. All information we receive about you is stored on secure servers and we have implemented appropriate and necessary technical and organizational measures to protect Personal Information. Num continually evaluates the security of its network and the adequacy of its internal information security program designed to (a) help keep your data secure in the event of accidental or unlawful loss, access or disclosure; (b) identify reasonably foreseeable risks to the security of Num's network; and (c) minimize security risks through regular risk assessments and reviews. Num remains responsible for compliance with the protection of your Personal Information under Bermuda law notwithstanding any outsourcing or disclosure of your Personal Information to companies in the Num group.

6.3. You expressly acknowledge and agree that Num, in its sole discretion, is permitted to collect, store and eventually monitor the exchange of messages and emails between you and Num, for the purpose of contributing to the security of the relationships and communications that develop between you and Num.

6.4. Where Num has taken appropriate measures, Num is not responsible for unlawful interception or breach of its systems or databases by unauthorized persons. Num is also not responsible for the misuse of information obtained by such means.

6.5. All your personal data will be stored in an automated personal data file or IT support. Your Num's personal data file or carrier is incorporated in the British Virgin Islands and the Personal Information is subject to contractual protections put in place to ensure compliance with Bermuda data protection law.

6.6. In case of a breach of security leading to the loss or unlawful destruction or unauthorised disclosure of or access to Personal Information which is likely to adversely affect an individual, Num will, without undue delay: (i) notify the Commissioner of the breach; and (ii) then notify any individual affected by the breach. The notification to the Commissioner shall describe: (a) the nature of the breach;(b) its likely consequences for that individual; and (c) the measures taken and to be taken by Num to address the breach, so that the Commissioner can determine whether to order Num to take further steps and for the Commissioner to maintain a record of the breach and the measures taken.

7. Rights of Access, Cancellation and Rectification of Personal Information

7.1. Under certain data protection legislation, you may have rights in respect of your Personal Information. Under Bermuda law, these include the rights to access, delete, rectify and update your Personal Information. You may exercise your rights to access, cancel, rectify and update your Personal Information, including your e-mail address, as well as to object to the processing thereof and to be informed of the assignments and/or international transfers of the Personal Information carried out, all in accordance with the provisions of the applicable regulations including Bermuda law. Likewise, you have the right to have your personal data rectified, updated and -when applicable- deleted or subject to confidentiality, within 5 (five) working days of accrediting your identity and of requesting the measure in question. It should be noted that the request for withdrawal or deletion may not be actioned when there is a legal obligation for Num or the entity processing the Personal Information to keep the data.

7.2. Once provided with the necessary information from you, Num will keep your Personal Information up to date. You guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of the Personal Information provided, and undertake to keep it duly updated. Num does not guarantee to others the accuracy of the data provided by you, nor to you the accuracy of the data provided by others. This is without prejudice to Num's obligation to rectify, update or delete incorrect data and other obligations under applicable law and the provisions herein.

7.3. You may review and change the information submitted to Num at the time of requesting certain Services, including:

  • The user and email address. Notwithstanding any changes you make, Num will retain the above Personal Information for security and fraud control purposes.

  • The photograph of the National Identity Card or other identification document, accepted at Num's sole discretion.

7.4. Num will retain your Personal Information for a period of five (5) years from the date our relationship with you ends or our Services cease to be provided to you (whichever is later) in order to resolve disputes or claims, detect and remedy problems or incidents, and to comply with the provisions of the Services, as well as to comply with its legal obligations. Num may in exceptional cases process the Personal Information for a longer period (for example, if required as part of an ongoing legal or administrative law dispute).

Access to personal information.

Num will provide you with access to (a) personal information about yourself that is in Num’s custody or under Num’s control; (b) the purposes for which your personal information has been and is being used by Num; and (c) the names of the persons or types of persons to whom and circumstances in which your personal information has been and is being disclosed.

Notwithstanding the above, Num may refuse to provide you with access to your personal information if (a) the personal information is protected by any legal privilege; (b) the disclosure of the personal information would reveal Num’s or a third party’s confidential information that is of a commercial nature and it is not unreasonable to withhold that information; (c) the personal information is being used for a current disciplinary or criminal investigation or legal proceedings, and refusal does not prejudice your right to receive a fair hearing; (d) the personal information was used by a mediator or arbitrator, or was created in the conduct of a mediation or arbitration for which the mediator or arbitrator was appointed to act under an agreement or by a court; (e) the disclosure of the personal information would reveal Num’s intentions in relation to any negotiations with you, to the extent that the provision of access would be likely to prejudice those negotiations.

Num is prevented by law to provide you with access to your personal information if (a) the disclosure of your personal information could reasonably be expected to threaten the life or security of an individual; (b) your personal information would reveal personal information about another individual; or (c) your personal information would reveal the identity of an individual who has in confidence provided an opinion about another individual and the individual providing the opinion does not consent to disclosure of his/her identity. Notwithstanding this, where Num is able to redact the following information: (a) confidential information of Num or of a third party that is of a commercial nature and it is not unreasonable to withhold that information; (b) personal information about another individual; or (c) personal information that would reveal the identity of an individual who has in confidence provided an opinion about another individual and the individual providing the opinion does not consent to disclosure of his identity. Num shall provide the Personal Information appropriately redacted.

Rectification, blocking, erasure and destruction

Num will provide you with access to (a) Personal Information about yourself that is in Num’s custody, possession or under Num’s control; (b) the purposes for which your Personal Information has been and is being used by Num; and (c) the names of the persons or types of persons to whom and circumstances in which your Personal Information has been and is being disclosed.

If there is an error or omission in personal information in respect of which a request for a correction is received by Num, Num shall (i) correct the personal information as soon as reasonably practicable; and (ii) where Num has disclosed the incorrect information to other organizations, send a notification containing the corrected information to each organization to which the incorrect information has been disclosed, if it is reasonable to do so.

You may request Num to cease, or not to begin, using your personal information for the purposes of advertising, marketing or public relations.

You may request Num to cease, or not to begin, using your personal information where the use of that personal information is causing or is likely to cause substantial damage or substantial distress to you or to another individual.

You may request Num to erase or destroy personal information about yourself where that personal information is no longer relevant for the purposes of its use.

Procedure

In order to obtain access to your personal information or make a request for a correction to your personal information, you shall make a written request to Num setting out sufficient detail to enable Num, with a reasonable effort, to identify the personal information in respect of which the request is made. You may ask for a copy of your personal information or ask to examine your personal information. Num shall promptly acknowledge in writing receipt of a request, including the date of the request, and Num shall at the same time inform you, if there is insufficient detail in the request, what information is required to complete your request.

Num shall respond to your request not later than (a) 45 days from the day on which Num receives your written request; or (b) the end of an extended time period, if the time period is extended, which may be due to (i) a large amount of personal information being requested or needing to be searched or corrected; (ii) meeting the time limit would unreasonably interfere with the operations of Num; or (iii) more time is needed to consult with a third party before Num is able to determine whether or not to give you access to the requested personal information.

If the period for responding is extended, Num shall inform the applicant of (a) the reason for the extension; and (b) the time when a response from the organisation can be expected.

If Num refuses to take action at your request, it will inform you in writing of the reasons for the refusal and of the right to contact the Commissioner to make a complaint.

8. Modification of Privacy Policies

Num may amend this Privacy Policy at any time by posting the amended Privacy Policy on its website. All amended terms will be effective 10 (ten) calendar days after they are posted. In case of disagreement with respect to such amendments, you shall communicate to Num your non-acceptance by sending an e-mail to legal@num.finance from your e-mail address within 10 (ten) calendar days of the posting of the amendments. Upon expiration of the aforementioned term without expressing disagreement with the new Privacy Policies, you shall be deemed to have accepted the same and the parties shall continue to be bound by such terms.

9. Contact

To make any inquiry, claim and/or request related to Personal Information, you may contact Num's privacy team at privacy@num.finance

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