CarbonMarkets GmbH (“CarbonMarkets”)

is the creator of CarbonMarkets, an infrastructure for carbon certificate trading. To learn more about CarbonMarkets, please visit www.carbonmarkets.com.

CarbonMarkets values the privacy of individuals and businesses who use our infrastructure, platform, our other websites and applications (collectively, the “Services”). This Privacy Policy is designed to explain how we collect, use, and share information from CarbonMarkets users, including Issuers and Investors. The terms “CarbonMarkets,” “we,” and “us” include CarbonMarkets GmbH, our affiliates, and subsidiaries. By using the Services, you agree to the terms and conditions of this Privacy Policy.

Information We Collect Information You Provide Us

Customer Information:When you sign up to create a CarbonMarkets account, you provide us with information about yourself, includingNameAddressEmail addressIf you sign up as an Investor, you also provide the token issuer with KYC/AML information which helps them ascertain your status as an investor, including accreditation status (where applicable). Specifically: Personal InvestorsDate of birthProof of identity, such as driver’s license or passportProof of residence, such as utility bill or rental agreementProof of Investor AccreditationSource of fundsBusiness InvestorsAll of the above, plus:Name of organizationOrganization registration numberOrganization addressNature of businessCompany formation documentsIf you sign up as a Manager, you also provide us with information about your fund, includingA description of the fundFund nameLegal structureProfile picture of the fund

Financial Information

You may deposit fiat currency or cryptocurrency. If you choose to transfer money, we will also collect information about your bank account, such as routing number and account number.

Communications

If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Information We Collect Automatically From Your Use of the Services

When you use our Services, we and our third party service providers may collect information from you through automated means, such as cookies, web beacons, and web server logs. To help us better understand and improve the user experience, we may also record clicks, mouse movements, scrolling, and typings (except sensitive information). By using the Services, you consent to the placement of cookies, beacons, and similar technologies in your browser and on emails in accordance with this Privacy Policy. The information collected in this manner includes IP address, browser characteristics, device IDs and characteristics, operating system version, language preferences, referring URLs, and information about the usage of our Services.We may use this information, for example, to ensure that the Services function properly, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud. We also work with analytics providers which use cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. If you do not want information collected through the use of cookies, there is a procedure in most browsers that allows you to automatically decline cookies or to be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconveniences during your use of the Services.

How We Use Your Information

We may use the information we collect:To verify the status of accredited investors, we perform an API-call to 3rd party providers of accreditation information, to facilitate investments in listed funds.To operate, maintain, enhance and provide features of the Services, to provide services and information that you request, to respond to comments and questions, and otherwise to provide support to users.To operate, maintain, enhance and provide features of the Services, to provide services and information that you request, to respond to comments and questions, and otherwise to provide support to users.To contact you for administrative or informational purposes, including by providing customer service or sending communications, including changes to our terms, conditions, and policies.For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest.To personalize your experience on the Services by presenting products and offers tailored to you.We may aggregate data collected through the Services and may use and disclose it for any purpose.For our business purposes, such as audits, security, compliance with applicable laws and regulations, fraud monitoring and prevention.To enforce our Terms of Service or other legal rights.

How We Share Your Information

We disclose information that we collect through the Services to third parties in the following circumstances:To credit bureaus and other third parties who provide Know Your Customer and Anti-Money Laundering services, including verifying users as accredited investors.To our third-party service providers who provide services such as website hosting, payment processing, data analysis, information technology and related infrastructure provision, customer service, email delivery, online advertising, auditing, and other services.To a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in bankruptcy or similar proceedings).If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.We may use and disclose aggregate information that does not identify or otherwise relate to an individual for any purpose, unless we are prohibited from doing so under applicable law.

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

Security

We use certain physical, organizational, and technical safeguards that are designed to maintain the integrity and security of information that we collect. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee the security of your data. It is important that you maintain the security and control of your account credentials, and not share your password with anyone.

Your Choices

From time to time, we send marketing e-mail messages to our users. If you no longer want to receive such emails from us on a going forward basis, you may opt-out via the “unsubscribe” link provided in each such email.

Use of Services by Minors

The Services are not directed to individuals under the age of eighteen (18), and we request that they not provide personal information through the Services. 

International Cross-Border Data Transfer

CarbonMarkets uses servers hosted in Germany. Please note that we may be transferring your information outside of your region for storage and processing in the United States and around the globe. By using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

Updates to This Privacy Policy

We may make changes to this Privacy Policy. The “Last Updated” date at the top of this page indicates when this Privacy Policy was last revised. If we make material changes, we may notify you through the Services or by sending you an email or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. Your use of the Services following these changes means that you accept the revised Privacy Policy.

Data privacy notice

This notice sets out how CarbonMarkets GmbH (“CarbonMarkets”) as a Data Controller will process personal information. This includes when personal data relating to persons who have registered to use the CarbonMarkets platform (the “CarbonMarkets Platform Users”) is provided to CarbonMarkets, or its associated Data Processors or other persons processing the data on CarbonMarkets's behalf. Unless otherwise provided, all defined terms used in this Data Privacy Notice shall have the meanings set forth in the General Data Protection Regulation (“GDPR”).

Purposes of processing and legal basis for processing

When managing and administrating a person’s use of the CarbonMarkets platform and/or its Data Processors may process such person’s personal data to carry out anti-money laundering (“AML”) checks and related actions which CarbonMarkets considers appropriate to meet any legal obligations imposed on CarbonMarkets relating to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions.CarbonMarkets or its Data Processors may monitor and record calls and electronic communications for investigation and fraud prevention purposes, for crime detection, prevention, investigation and prosecution, and to enforce or defend CarbonMarkets and its Data Processors’ rights, itself or through third parties to whom it delegates such responsibilities or rights in order to comply with a legal obligation imposed on CarbonMarkets and to assist with investigations, complaints, regulatory requests, litigation, arbitration, mediation or to pursue any other legitimate interests for which CarbonMarkets or its Data Processors may be entitled.

Recipients of data and international transfer of data

During the course of processing personal data about the CarbonMarkets Platform User and (if applicable) its directors, officers, employees and beneficial owners in order to carry out money laundering and identity checks and comply with legal obligations, CarbonMarkets or its Data Processors may disclose the personal data to:credit reference agencies and other third-party information providers; and competent authorities (including tax authorities), courts and bodies as required by law or requested or to affiliates for internal investigations and reporting.

Retention period

CarbonMarkets will retain personal data of a CarbonMarkets Platform User for as long as is required for the purposes for which the data was collected, depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that CarbonMarkets retains the personal data.

Data subject rights

To the extent provided by the GDPR or any successor provision that is substantively comparable thereto, each individual has the right to request:Access to their personal data.Rectification or erasure of their personal data.Restriction of the use of their personal data.Objection to the processing of their personal data.

Data portability (in certain specific circumstances)

Where CarbonMarkets requires the personal data of the CarbonMarkets Platform User and (if applicable) its directors, officers, employees and beneficial owners to comply with AML or other legal requirements, failure to provide this information means the potential investor may not be able to invest in the investment opportunities available on the CarbonMarkets platform.If the CarbonMarkets Platform User considers that CarbonMarkets or its Data Processors have processed personal data in violation of the GDPR and failed to remedy such violation to the CarbonMarkets Platform User’s reasonable satisfaction, the CarbonMarkets Platform User may lodge a complaint with the Information Commissioner’s Office at https://ico.org.uk/ .

Consent to Processing of Personal Data

The EU General Data Protection Regulation (GDPR) came into force on 25 May 2018. In order to comply with the GDPR, CarbonMarkets requests your consent to the processing of your personal data. By accepting this agreement, the Subscriber hereby consents to the processing of their personal data by CarbonMarkets Foundation in its capacity as Data Controller (as defined in the GDPR) and/or Data Processor (as defined in the GDPR) in the processing of the personal data.

Further information on our use of your personal data

What types of personal data do we hold?

NameEmail AddressResidential Address (including Country of Residence)Date of BirthProof of Identity documentProof of Address documentPhotographIP Address

Why do we need your personal data?

CarbonMarkets GmbH ("CarbonMarkets") requires your personal data to verify your identity for regulatory compliance purposes - enabling you to participate in the investments available on the platform, to contact and update you about your investments and their performance, and to inform you of new opportunities on the CarbonMarkets platform that may interest you.

What do we do with your data?

We store your data in isolated database instances via Amazon Virtual Private Cloud access to which is strictly managed. We only transfer your data via secured channels (SSL). We use your details to contact you, and to perform an initial verification of your identity to comply with Anti-Money Laundering regulations. We share your data with specific third-parties with whom we have an agreement regarding their use of your data. Your personal data will never be sold to anyone and we will never share it with any third party for purposes other than those directly related to the use of the CarbonMarkets platform.

Your right to withdraw your consent

You may withdraw your consent of our processing of your data at any time by sending an email to privacy@carbonmarkets.com.

Contact Us

CarbonMarkets welcomes your questions or comments regarding these Terms via email at helloworld@carbonmarkets.com Last updated: Sep 22, 2020