Updated on 7 August 2023
Business Solutions
This privacy policy covers Tokeny S.à.r.l. (commercial name “Tokeny Solutions”) referred to as “Tokeny”, “affiliated companies,” “we,” “us,” and “our” throughout this policy (“Privacy Policy”). Tokeny is registered in Luxembourg under number B218805 and located at 9 Rue du Laboratoire, L-1911 Luxembourg.
This Privacy Policy explains how we use personal data and other types of information we collect from you (“Personal Information”) when you participate in a Tokeny platform Digital Asset Offering, (meaning the issue of tokens representing underlying securities or any other type of financial or non-financial assets) or visit and/or use tokeny.com (the “Site”) services. A Digital Assets Offering is further referred to as “Offering”. This policy does not apply to the practices of companies not owned or controlled by Tokeny or to people whom Tokeny does not employ or manage.
Security and privacy are our priorities.
We are committed to protecting our customers’ Personal Information and being compliant with all data protection laws including the Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”). In the course of providing services, we need to collect and maintain certain Personal Information. This Privacy Policy answers some questions about what Personal Information we collect and why, what we do with it, and how we protect it. Should you ever have a question about our security, privacy and Personal Information collection please feel free to contact us at privacy@tokeny.com.
What types of personal information do we collect?
When you are entering in a relationship with us, you should be aware that we collect the following types of information:
Personal Information, including personal data, you provide online and on applications or other forms, or through discussions we have with you or your representatives, such as your name, address, date of birth, country of residence, contact information and any information that is provided through your communications with Tokeny. Some of the Personal Information we collect is considered to be sensitive personal data as defined in article 9 of GDPR, by using Tokeny’s services, you explicitly consent to the collection of this data. If you do not consent to this collection please contact our data officers at privacy@tokeny.com and they will comply with any of your requests to delete, edit, or audit your data.
We also collect aggregate and anonymise data that does not identify you specifically, including data collected automatically when you enter our Site. This may include cookies, pixel tags, web beacons, browser analysis tools and web server logs. This also includes information from the devices you use to access our Site or mobile platform, your operating system type or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device, among other information. If you would like more information regarding this data please feel free to contact us at privacy@tokeny.com and we would be more than happy to assist with your questions and requests.
Why do we collect personal information?
We use and disclose Personal Information only for the purposes that we disclose to you. We will request your consent before we use or disclose your Personal Information for any materially different purpose. We specifically disclose your data to the Offering organizers and their agents who use the Tokeny portal in order for you to have the opportunity to participate in the Offerings or for administering the corresponding Digital Asset after its initial issuance. In addition, unless specifically described below, consent may be obtained in any legally sufficient method.
We collect, use and disclose Personal Information to meet the needs of our customers and users to better our business purposes for their benefit, including:
- to provide the products and services you request;
- the day-to-day operation and maintenance of accounts and services;
- collection of amounts outstanding from you;
- to tell you about services or other related products and services offered by us;
- to manage our Site and services;
- to understand our customers and users needs;
- to learn about our markets and design and improve our services and related products;
- to administer and process any request for information or job application;
- to comply with our regulatory and legal obligations, including but not limited to warrants, subpoenas and court orders or to meet government tax reporting requirements;
- to contact you (including by way of e-mail), including:
- in response to your inquiries and comments, and to safeguard your interests;
- to provide you with information about our products and services, or those of others, that you may be interested in;
- to investigate suspicious activities; and
- to protect our rights and property.
We may cooperate with governments and law enforcement officials or private parties to enforce and comply with applicable laws and regulations. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: to respond to claims, legal process, subpoenas; to protect our intellectual property, rights and safety and the property, rights and safety of a third party or the public in general; and to stop any activity we consider illegal, unethical or legally actionable activity.
Purpose for which we process Personal Information and Usage Data and its legal basis
Personal Information can be defined as any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, etc. In addition to collecting Personal Information, we gather information automatically as part of your use of our products and services (“Usage Data”). This information may include identifiers, commercial information, and internet activity information such as IP address.
We collect and process your Personal Information for the following purposes, and rely on the following legal bases:
| Purpose | Description | Legal basis |
| Providing our websites (including our social media pages) | We process your Personal Information to operate and administer our websites and to provide you with the content you access and request | Our legitimate interest in providing online content to our customers and prospective customers regarding our service offering and related information |
| Improving our websites | We process your Personal Information to analyze overall trends and help us improve the user experience on our websites | Our legitimate interest in providing a relevant and well-functioning website for the benefit of our website visitors |
| Promoting the security of our websites | We process your Personal Information by tracking use of our websites and verifying and investigating activity | Our legitimate interest in promoting the safety and security of our websites and in protecting our rights and the rights of others |
| Displaying personalized advertisements and content
|
We process your Personal Information to conduct market research, advertise to you, provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests | Our legitimate interest in advertising our products and services or, where necessary, to the extent you have provided your prior consent
|
| Registering visitors | We process your Personal Information, including registration information and associated non-disclosure information, for security reasons | Our legitimate interest in protecting our offices, staff, visitors and our confidential information against unauthorized access |
| Managing event registrations and attendance | We process your Personal Information to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you
Where you explicitly consent, we also may process your biometric Personal Information to facilitate event registration and for security reasons |
Performance of a contract or where we receive your explicit consent |
| Ensuring the safety and security of our employees, events and premises | We process your Personal Information where necessary based on a credible threat to our employees, events or premises | Our legitimate interest in protecting our employees, events and premises |
| Sending communications |
We process your Personal Information to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, push notifications, information about our products, news or events) about us, our affiliates and partners | Our legitimate interest in conducting direct marketing or where you have provided your prior consent |
| Recording phone calls | We process your Personal Information, including recording phone calls (in accordance with applicable laws) for training, quality assurance, and administration purposes
If required under applicable law, we will give you the option to object to a call being recorded |
Consent or our legitimate interest in maintaining the high quality of our phone calls with users |
| Handling contact and user support requests |
We process your Personal Information, if you fill out a “Contact Us” web form or request user support, or if you contact us by other means including but not limited to via phone | Necessary for the performance of a contract or our legitimate interest in fulfilling your requests and communicating with you |
| Providing our services | We process your Personal Information to perform our contract with you for the provision of our services and to satisfy our obligations under the applicable terms of use | Necessary for the performance of a contract or our legitimate interest to provide and administer our services |
| Developing and optimizing the performance of the services | We process your Personal Information to develop, optimize, and improve the performance of the services | Legitimate interest to develop services and ensure that the services are performing in line with customer expectations; if special categories of Personal Information are processed, where the Personal Information is manifestly made public by the data subject |
| Providing personalized interactions | We process your Personal Information to customize our interactions with you | Legitimate interest to offer the best-in class services to our customers |
| Managing our customer and user accounts | We process your Personal Information (including Usage Data) to manage customer and user accounts generally, such as billing, customer correspondence and customer relationship management | Necessary for the performance of a contract or our legitimate interest in the management of customer and user accounts |
| Managing usage and licensing compliance | We process your Personal Information (including Usage Data) to assess and manage usage and licensing compliance with the applicable terms of use of our services | Necessary for the performance of a contract or our legitimate interest in managing the provision of our services to customers |
| Preparing internal reports and business modelling | We process your Personal Information (including Usage Data) for internal reporting and business modelling purposes (e.g., forecasting, revenue, capacity planning, product strategy) | Our legitimate interest in the management of our business operations |
| Maintaining our security | We process your Personal Information (including your Usage Data) for the purposes of maintaining Tokeny’s own security, including investigating, detecting and preventing suspicious activity, fraud and cybercrime that may affect Tokeny or its services | Our legitimate interest in promoting the safety and security of Tokeny generally and to protect our rights and the rights of others |
| Managing compensation for employees | We process your Personal Information (including your Usage Data) for the purposes of determining compensation for Tokeny employees, such as commission | Necessary for the performance of a contract with an employee or our legitimate interest in fairly compensating our employees |
| Undertaking financial reporting | We process your Personal Information (including your Usage Data) for the purposes of financial reporting | Our legitimate interest in meeting our obligations associated with the reporting of our finances |
| Aggregating data | We process your Personal Information (including your Usage Data) for the purposes of aggregating this information to ensure that it is no longer identifying | Our legitimate interest in minimizing the amount of Personal Information processed as part of the noted processing activity |
| Managing, and participating in, webinars, contests, programs, training, certifications or promotions |
We process your Personal Information if you register for a.o. a webinar, training, certification or a program. In some cases where the training or certification is through your employer, we will share your Personal Information with your employer. | Consent, necessary for the performance of a contract or our legitimate interest in providing the webinar, contest, promotion, training, certification or promotion |
| Managing payments | If you have provided financial information to us, we process your Personal Information to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our contract with you | Necessary for the performance of a contract |
| Administering surveys and conducting research | We process your Personal Information (including, where legally permitted, special categories of Personal Information) in order to meet the goals set out in surveys or research as well as to analyze our compliance with internal policies | Consent or explicit consent (if required under applicable law) or our legitimate interest in conducting the survey or research based on its stated goals (where no special categories of Personal Information are in scope) |
| Collecting diversity information | We process your Personal Information (including special categories of Personal Information) to the extent you voluntarily consent to provide it to meet our broader community goals related to diversity and equality of opportunity | Consent or explicit consent (if required under applicable law) |
| Complying with legal obligations | We process your Personal Information (including Usage Data) when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights | Legal obligation or our legitimate interest in protecting against misuse or abuse of our websites or services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, responding to lawful requests, or for auditing purposes |
Where do we store personal information?
It is important to note that some or all of your Personal Information provided to third party service providers may be held in third countries which are considered as not providing the same level of data protection as the EU country in which you provided your Personal Information. Without prejudice to your rights under GDPR, you acknowledge and understand that your Personal Information will be subject to the applicable laws of each such jurisdiction, which may not provide for the same level of data protection as your country of residence. If you have questions about our policies and practices with respect to service providers outside your jurisdiction, including the collection, use, disclosure or storage of such Personal Information by our service providers worldwide, you may contact us at privacy@tokeny.com.
What third parties do we work with?
In order to participate in an Offering, you will have to provide Personal Information to pass Know Your Customer (KYC) and Anti-Money Laundering (AML) verifications as required by law. Tokeny provides this data to third-party companies designated by the Digital Asset Issuer as their agent(s) to verify all KYC/AML information and/or more broadly to administer the Digital Asset during its existence. When you participate in a company’s Offering your Personal Information including personal data is shared with the offering company or its designated agent. Be aware that when you participate in an Offering, the Offering company may use a different KYC/AML service than the service Tokeny uses. Tokeny also provides your anonymized data to the company Analytics Solutions in order to do analytics to better operate our company for our users.
Financial data
When you subscribe to purchase tokens from an Offering that uses our platform, you will be asked to provide financial data and information to verify your status and successfully make financial transactions. Depending on how you wish to purchase tokens you may be required to provide financial data, such as your bank routing number and bank account number, to enable the offering company to utilize your bank account to originate funds transfers and make subsequent investment transfers to you if necessary.
Tracing tools and use of cookies
We may collect certain information through cookies or other automated means. A cookie is a small text file that will be stored in your device via your browser primarily to enhance the convenience of using the Site or to enable certain functions. A cookie allows its sender to identify the device on which it is stored during the period of validity of consent which does not exceed 12 months.
Some cookies are essential in order to enable you to use our Site, others are functional cookies or may be performance cookies or advertising cookies.
The default cookies we are using are essential in order to enable you to use our Site and use its features, and are referred to as ‘strictly necessary’ cookies. Without these cookies, we would not be able to provide you with the services you have asked for.
The functionality, or preferences cookies, enable us to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added. If you do not allow these cookies then some of all of our services may not function properly.
The performance cookies, also known as statistics cookies, collect information about how you use our Site, for example, which page you visit more often or if you get error messages from our Site. Tokeny may share the data collected via these cookies with third-party providers. None of this information can be used to identify you, as it is all aggregated and, therefore, anonymized.
The advertising or targeting cookies are used to deliver adverts more relevant to you and your interests. They remember that you have visited our Site and this information is shared with other organizations such as advertisers.
Except for the strictly necessary cookies, the use of a cookie on a device depends on your choice, which can be made and modified freely and at any time. You can manage cookies by setting your browser to accept or reject cookies on your device, either globally or cookie by cookie. Furthermore, you can modify your consent to the usage of cookies at any time by clicking on the ‘Change your consent’ button added to this page.
Depending on your settings, please note that it may affect the capacity of your internet browser and/or alter your ability to access certain services that require the use of cookies. We cannot be held liable for the minimized access to our services as a result of cookies you previously deleted or rejected.
Below is a list of the types of cookies that are used on our Website:
| Purpose | Description | Type & Expiry |
| Necessary Cookies | Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies. | Session, deleted upon closing the browser, or persistent. |
| Functionality or Preference Cookies | These cookies may also remember your site preferences (e.g., language) or seek to enhance your experience (e.g., by personalizing a greeting or content). This will apply to areas where you have registered specifically for access or create an account. | Session, deleted upon closing the browser, or persistent. |
| Performance or Statistics Cookies | These help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. | Persistent. |
| Advertising or Targeting Cookies | These cookies are used to track visitors across the websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers. | Session, deleted upon closing the browser, or persistent. |
To manage cookie settings in your browser, please go to the “Help” menu of your browser, where you will be provided with all the necessary information about how to set your preferences:
For Microsoft Internet Explorer 8.0 and more:
- Go to “Tools” menu, then “Internet Options”
- Click on “Confidentiality”
- Select your preferred level of confidentiality
For Mozilla Firefox:
- Go to “Tools” then “Options” menu
- Click on the “Privacy” settings
- Select your preferred option on the “Cookie” menu
For Opera:
- Go to “Files” > “Preferences”
- Click on “Privacy”
- Select your preferred options
For Android browser:
- Click on the upper right button
- Go to “Settings” then “Privacy & security menu”
- Select your preferred option
For Dolphin Browser on Android:
- In the Menu, go to “More” then “Settings”
- Select the “Privacy & security settings” menu
- Select you preferred option in the “cookies” menu
For Safari on iOS:
- In the “Settings” app, go to “Safari” menu
- Go to “Accept cookies” entry under “Privacy”
- Select your preferred option
For Google Chrome:
- Click the Chrome menu on the browser toolbar
- Select “settings” then click “show advanced settings”
- In the “Privacy” section, click the “Content settings” button.
- In the “Cookies” section, you can change cookies settings
How do we protect the confidentiality and security of personal information?
We will provide an adequate level of protection for the Personal Information and make sure that appropriate technical and organizational security measures are in place to protect the Personal Information against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. We have a data protection audit and recovery system in place. We track and maintain strict records for all of our data processing activities. We place your account information on the secure portion of our Site, using firewalls and other security technology to protect our network and systems from external attacks, and we require you to enter a unique and confirmed email and password to access your account information online. Our servers are enabled with Secure Sockets Layer (SSL) technology to prevent unauthorized parties from viewing the Personal Information that you provide or access during a secure session (look for the padlock icon on your browser). In addition, if you access information online, we use digital certificate services to authenticate that you are transacting with our Site and not the Site of an impostor.
However, to the extent that the internet is not completely secure, we cannot guarantee that any of your Personal Information stored or sent to us will be completely safe. We encourage you to use caution when using the internet to access our Site.
Your rights
When you provide personal data to our Site you retain the right to access the personal data that we maintain of you. If you request such access, we will provide you with all the information as required by law on the purposes of the processing, categories of data processed, categories of recipients, data retention term, and so on.
You may also obtain a copy of any personal data that we hold of you in our records in a format compatible and structured in order to allow you to exercise your right to data portability, when the processing is based on your consent or on the performance of an agreement between you and Tokeny.
You may also request that we correct, amend, erase, any personal data which is incomplete, out of date or inaccurate.
You can request deletion of your personal data if (i) your personal data is no longer necessary for the purpose of the data processing, (ii) you have withdrawn your consent on the data processing based exclusively on such consent, (iii) you objected to the data processing, (iv) the personal data is unlawful, (v) the personal data must be erased to comply with a legal obligation applicable to Tokeny.
You can request the restriction of the processing, (i) in the event the accuracy of your personal data is contested to allow Tokeny to check such accuracy, (ii) if you wish to restrict your personal data rather than deleting it despite the fact that the processing is unlawful, (iii) if you wish Tokeny to keep your personal data because you need it for your defence in the context of legal claims, (iv) if you have objected to the processing but Tokeny conducts verification to check whether it has legitimate grounds for such processing which may override your own rights.
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on you or significantly affects you, except if you explicitly consent to it or if it is necessary to enter into or perform a contract between you and us.
You also have the right to lodge a complaint with the competent supervisory authority. In Luxembourg the competent authority is the National Commission for Data Protection (CNPD).
When your personal data processing is based on your consent, you may withdraw it at any moment, without affecting the lawfulness of processing based on your consent before withdrawal.
When your personal data is processed to pursue our legitimate interests, you may object to such processing, if our legitimate interest may be overridden by your interests and freedom.
To exercise your rights, you should contact us at privacy@tokeny.com. We will respond to your requests without undue delay and at the latest within 1 month.
Retention period
We will not retain data longer than is reasonably considered necessary to fulfil the purposes for which it was collected, processed or as required by applicable laws or regulations. When a user makes a request to have their account deleted and all data deleted, all personal Data collected through the platform will be deleted, as permitted by applicable law.
Controlling your data
We want to make it clear to our users that you have control of your data. If you wish to have your personal data edited, deleted, or audited please contact us anytime at privacy@tokeny.com and our data collection officers will be able to accommodate your requests as permitted by applicable law.
No users under 18 years of age
Our Site is not targeted to persons under the age of 18 and we do not knowingly collect Personal Information from persons under the age of 18. Any user that attempts to submit information revealing their age to be under 18 will be blocked and their information deleted.
Updates to this policy
Tokeny may amend this Privacy Policy from time to time to reflect changes in our processing of your Personal Information. The revisions will take effect on the date of publication of the amended policy, as stated. We will notify you through our Site or by email of any material changes to the Privacy Policy. If you do not wish to comply with the updates to this policy then please do not use our Site and services.
Contact us
Should you have any questions regarding this Privacy Policy or the protection of your Personal Information please contact us by email at privacy@tokeny.com.
