Atomic Capital, Inc.

Privacy Policy

 

Dated: February 17, 2019

 

Welcome to the privacy policy of Atomic Capital Inc. (hereafter, “Atomic Capital”, “we”, “us” or “our”). We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website, atomiccapital.io, as well as our platform, helium.atomiccapital.io, (collectively, the “Website”) and tell you about your privacy rights and how the law protects you.

  

1.  IMPORTANT INFORMATION AND WHO WE ARE 

 

PURPOSE OF THIS PRIVACY POLICY 

By accessing our Website, you accept our Privacy Policy, Cookie Policy, Terms of Use, and you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. In addition, by using our service you are accepting the policies and practices described in this Privacy Policy. Each time you visit our Website, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with us, this Privacy Policy applies to all users of the Website. 

This privacy policy aims to give you information on how Atomic Capital collects and processes your personal data through your use of this website, including any data you may provide through this website when, for example, you sign up to our newsletter, create an account, verify your identity and investor status, participate in an offering on the Website as an investor, or inquire about issuing security tokens for your company.

 

This website is not intended for minors under 18 years of age and we do not knowingly collect data relating to minors.

 

CONTACT DETAILS 

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

 

Atomic Capital, Inc.

208 W 30th St Suite 702

New York, NY 10001

operations@atomiccapital.io

 

THIRD-PARTY LINKS 

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

 

2.  THE DATA WE COLLECT ABOUT YOU 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

 

 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

 

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

 

IF YOU FAIL TO PROVIDE PERSONAL DATA 

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

 

3.  HOW IS YOUR PERSONAL DATA COLLECTED? 

We use different methods to collect data from and about you including through:

 

 

DO NOT TRACK

Some browsers offer a “Do Not Track” feature, which notifies websites, web applications and services that you do not wish to have your online activities tracked. If you enable this setting in your browser, the functionality and experience of some features of the Website and the service will be limited. For example, you may encounter problems saving the work you create on the Site.

4.  HOW WE USE YOUR PERSONAL DATA 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

 

 

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you. You have the right to withdraw consent to marketing at any time by contacting us.

 

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

 

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Data

Type of data

Lawful basis for processing including basis of legitimate interest

First Name / Last Name

Identity

Contact

a.     To register you on the website.

b.     To identify and communicate with you.

c.     Performance of our service with you.

d.     For identity, AML/KYC verification through our third party processors.

e.     Necessary for our Legitimate Interest.

Email Address

Identity

Contact

a.     To register you on the website.

b.     To communicate with you.

c.     Performance of our service to you.

d.     Necessary for our Legitimate Interest (to communicate with you about our service and any changes to our policies).

Date of Birth

Identity

a.     Performance of our service to you.

b.     For identity, AML/KYC verification through our third party processors.

c.     Necessary for our Legitimate Interest.

Current Address

Identity

Contact

a.     Performance of our service to you.

B. To communicate with you

b.     For identity, AML/KYC verification through our third party processors.

c.     Necessary for our Legitimate Interest.

Social Security Number

Identity

a.     Performance of our service to you.

b.     For identity, AML/KYC verification through our third party processors.

c.     Necessary for our Legitimate Interest.

Phone Number

Identity

Contact

a.     Performance of our service with you.

b. To communicate with you.

c.     For identity, AML/KYC verification through our third party processors.

d.     Necessary for our Legitimate Interest (to verify your identity and protect against fraud).

Passport

Driver’s License

Identification Card

Residence Permit

Identity

a.     Performance of our service with you.

b.     For identity, AML/KYC verification through our third party processors.

c.     Necessary for our Legitimate Interest (to verify your identity and protect against fraud).

Occupation

Identity

a.     Performance of our service with you.

b.     For identity, AML/KYC verification through our third party processors.

c.     Necessary for our Legitimate Interest (to verify your identity and protect against fraud).

Company Name

Institution Name

Identity

a.     Performance of our service with you.

b.     For identity, AML/KYC verification through our third party processors.

c.     Necessary for our Legitimate Interest (to verify your identity and protect against fraud).

Bank Account

Service

Financial

Transaction

a.     Performance of our service with you.

b.     Necessary for our Legitimate Interest (to process payments and recover funds owed to us).

Ethereum Wallet Address

Service

a.     Performance of our service with you.

b.     Necessary for our Legitimate Interest (to send you tokens).

Technical Data

Service

Usage

a.     To use the data in order to improve our Website and service to you.

b.     To develop and grow our business .

c.     Necessary for our Legitimate Interest (to study how our customers use our Website, to develop it, to grow our business, and inform our strategy).

 

“Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

 

PROMOTIONAL OFFERS FROM US 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

 

You will receive marketing communications from us if you have opted-in to receiving such information from us.

 

THIRD-PARTY MARKETING 

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

 

OPTING OUT 

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of our service.

 

COOKIES 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy. 

 

CHANGE OF PURPOSE 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

5.  DISCLOSURES OF YOUR PERSONAL DATA 

We may share your personal data with the parties set out below for the purposes set out in the table above.

 

 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. The privacy policies and terms of service of some of our third-party service providers may also apply to the collection, use, and sharing of your personal data and information, such as SynapseFI.

 

6.  INTERNATIONAL TRANSFERS 

The personal data we collect from you will be collected, transferred and stored in the United States. If you are in the European Economic Area (EEA), you should be aware that your personal data will be transferred outside of the EEA. Furthermore, many of our external third parties are also based in the United States and so their processing of your personal data will involve a transfer of data outside the EEA. 

 

7.  DATA SECURITY 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

8.  DATA RETENTION 

 

HOW LONG WILL YOU USE MY PERSONAL DATA FOR? 

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

 

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

 

9.  YOUR LEGAL RIGHTS 

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

 

 

If you wish to exercise any of the rights set out above, please contact us at:

Atomic Capital, Inc.

Atomic Capital, Inc.

208 W 30th St Suite 701

New York, NY 10001

operations@atomiccapital.io

To report a complaint relating to our banking services provider, SynapseFi, email help@synapsefi.com

 

NO FEE USUALLY REQUIRED 

You will not have to pay a fee to access your personal data (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 data (or to exercise any of your other rights). This is a security measure to ensure that personal data 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 legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10.  CALIFORNIA RESIDENTS

If you are a resident of California, you have the right to request information from us once every calendar year regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. You may request a copy of the information disclosed by sending an email to operations@atomiccapital.io.