Privacy Notice (EEA)

Welcome to Damex's privacy policy. We are Damex Digital Limited, a limited liability company registered in Malta with company registration number C110325 and its registered office at MK Business Centre, 115A, Level 2, Valley Road, Birkirkara, BKR 9022, Malta. Damex Digital Ltd is authorised and regulated by the Malta Financial Services Authority as a Crypto-Asset Service Provider (CASP) in accordance with the Markets in Crypto-Assets Regulation (EU) 2023/1114 ("Damex" or "Damex.io"). Damex respects your privacy and is 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 and tell you about your privacy rights and how the law of the Data Protection Act protects you.

Contents

1. Introduction and Regulatory Framework
2. Controller and Contact Details
3. The Data We Collect About You
4. How Is Your Personal Data Collected?
5. How We Use Your Personal Data
6. Disclosures of Your Personal Data
7. International Transfers
8. Data Retention
9. Data Security
10. Your Legal Rights
11. Glossary

1. Introduction and Regulatory Framework

This policy aims to give you information on how Damex collects and processes your personal data through your use of this website and App, including any data you may provide when you sign up for an account, purchase crypto-assets, or subscribe to our services.

This policy is drafted in compliance with:

• General Data Protection Regulation (EU) 2016/679 (GDPR)
• Data Protection Act (Chapter 586 of the Laws of Malta)
• Markets in Crypto-Assets Regulation (EU) 2023/1114 (MiCA)
• Prevention of Money Laundering and Funding of Terrorism Regulations (PMLFTR)

This website and our services are not intended for persons under the age of 18.

Changes to the privacy policy

We keep our privacy policy under regular review. Historic versions can be obtained by contacting us.

Third-party links

This website may include links to third-party websites. We are not responsible for their privacy statements.

Important Note on Blockchain Immutability

Our services involve the use of Distributed Ledger Technology. By design, data written to a blockchain is immutable and cannot be changed or deleted. When you transact on a public blockchain, details such as your wallet address and transaction hash are permanently recorded and publicly available. Damex cannot delete this data from the blockchain.

2. Controller and Contact Details

• Controller: Damex Digital Limited
• Company Registration Number: C 110325
• Registered Office: MK Business Centre, 115A, Floor 2, Triq Il-Wied, Birkirkara, BKR 9022, Malta

Data Protection Officer

Email: privacy@damex.io. Postal: Damex Digital Limited, MK Business Centre, 115A, Floor 2, Triq Il-Wied, Birkirkara, BKR 9022, Malta.

Supervisory Authority

Information and Data Protection Commissioner (IDPC), Floor 2, Airways House, Triq Il-Kbira, Tas-Sliema, SLM 1549, Malta. Email: idpc.info@idpc.org.mt. Website: https://idpc.org.mt

3. The Data We Collect About You

We do not collect any Special Categories of Personal Data about you.

4. How Is Your Personal Data Collected?

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by email, electronic chat, our website, our web portal or otherwise. This includes personal data you provide when you: apply for our products or services; create an account with us, our application or on our website; subscribe to our service or publications; request marketing to be sent to you; enter a competition, promotion or survey; or give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website and application, 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.
• Third parties or publicly available sources. We receive personal data about you from various third parties: Blockchain Analytics Providers (e.g., Chainalysis, Elliptic, TRM Labs) to monitor transactions for illicit activity and compliance with AML regulations; Identity Verification Vendors (e.g., Sumsub, Onfido) to validate your identity documents; Public Blockchains: We scrape public ledgers to verify transaction statuses and wallet balances; Sanctions Lists: We query global databases to ensure compliance with international sanctions.

5. How We Use Your Personal Data

6. Disclosures of Your Personal Data

• Internal Third Parties: other Damex Group companies.
• External Third Parties: service providers, professional advisers and government authorities.
• Third parties in the case of a business restructuring, merger or acquisition.

We require all third parties to respect the security of your personal data.

7. International Transfers

As a global digital asset business, we may transfer your personal data to entities located outside the European Economic Area (EEA).

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• Adequacy Decisions: We transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• Standard Contractual Clauses (SCCs): Where we use service providers in countries without an adequacy decision, we use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

We share your personal data within the Damex Group. This will involve transferring your data outside of Malta and/or the EEA. At all times entities with which your data may be shared afford you a comparable level of protection through existing cross-border privacy rules.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Malta.

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 unauthorised 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.

Specific Retention Periods

• AML/CFT Records: In accordance with Regulation 13 of the PMLFTR, we are required to retain Customer Due Diligence (CDD) documents and transaction records for a period of five (5) years from the date the business relationship ends or the date of an occasional transaction.
• FIAU Extension: The Financial Intelligence Analysis Unit (FIAU) may request that we extend this retention period for a further 5 years, up to a maximum of ten (10) years.
• Contractual & Civil Claims: We may retain data for up to six (6) years to defend against legal claims, aligning with the Maltese statute of limitations for contractual actions.
• MiCA Records: Under MiCA, we are required to keep records of all orders and transactions for at least five (5) years.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised 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.

10. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data these may include:

1. Request access to your personal data (Data Subject Access Request).
2. Request correction of the personal data that we hold about you.
3. Request erasure of your personal data ('Right to be Forgotten'). Blockchain Limitation: Please note that we cannot erase transaction data (your wallet address, transaction amount, timestamp) that has been written to a public blockchain. This data is immutable. In such cases, we will erase your off-chain personal data held on our servers, thereby breaking the link between your identity and the blockchain data (pseudonymization), unless we are legally required to retain the off-chain data for AML purposes.
4. Object to processing of your personal data.
5. Request restriction of processing of your personal data.
6. Request the transfer of your personal data to you or to a third party (Data Portability).
7. Right to withdraw consent at any time where we are relying on consent to process your personal data.

To exercise any of your rights please contact our DPO at privacy@damex.io.

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.

11. Glossary

LAWFUL BASIS

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.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the Damex Group acting as joint controllers or processors and who are based in or outside of the EEA and provide IT and system administration services and undertake customer support services.

External Third Parties

• Service providers acting as processors based in the European Union who provide transaction monitoring, transaction facilitation and software services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the EEA who provide consultancy, banking, legal, insurance and accounting services.
• Government authorities in the EEA and other authorities acting as processors or joint controllers based in the EEA who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

• Request access to your personal data (commonly known as a 'data subject access request'). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data 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 data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where 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 data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular 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 data 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 data. This enables you to ask us to suspend the processing of your personal data 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 data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data 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 data. 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.