Privacy Policy and Cookie Notice

Last updated:  March 25, 2023

Enyxus™ (“Enyxus”, “the Company”, “the Platform”, “we”, or “us”) is committed to protecting the privacy of our customers.  We adhere to strict policies that reflect our commitment to our data protection responsibilities, as described in this Privacy Policy.

This Privacy Policy describes how the Company collects and processes your personal information through the Company website(s), the Platform and other Company Properties that reference this Privacy Notice. Enyxus™ refers to an ecosystem comprising Company Properties (whose domain names include but are not limited to www.enyxus.com), mobile applications, clients, applets and other applications that are developed to offer Enyxus Services, and includes independently-operated platforms, websites and clients within the ecosystem. “Enyxus” as used in this Privacy Notice includes Enyxus Operators and Providers as defined herein, within the Definition Section.

This Privacy Notice applies to all Personal Information processing activities carried out by us, across platforms, websites, and departments of Enyxus and Enyxus Operators.

To the extent that you are a User of our services, as defined herein, this Privacy Notice applies together with any terms and conditions of use and other contractual documents, including but not limited to any agreements we may have with you.

To the extent that you are not a relevant stakeholder, customer or user of our services, but are using our website, this Privacy Notice also applies to you together with our Cookie Notice, included herein.

Consumer - Refers to any natural person or any legal person who engages with the Platform in any capacity, regardless of payment for services.

Digital-Asset - Refers to any cryptocurrencies (Bitcoin, Ether, etc.) and tokens (ERC20, etc.) tradable on a public or private blockchain and/or other DLT (Distributed Ledger Technologies).

Enyxus Operators - Refers to all parties that run Enyxus, including but not limited to legal persons, unincorporated organizations and teams that provide Enyxus Services and are responsible for such services.

Materials – Refers to any and all content, including the Enyxus™ Trading Platform, printed materials, video content, trading strategies, any and all computer programs, auto-trading systems, and/or any related material.

Platform – Refers to the Enyxus™ Trading Platform, the company entity which owns the Enyxus™ Trading Platform and any and all employees, affiliates and or/ assigns of said company.  

Properties – Refers to the Company’s website(s), landing pages, social media accounts, printed materials, communications in all forms, videos and the Enyxus™ Platform.

Providers – Refers to the Company, the Platform and/or any one of their respective associates, distributors, resellers, subsidiaries, business partners or service providers, who may provide content through private meetings, public seminars, the internet, and/or at any venue or through any communication media.

Self-Execution - Refers to the automatic execution processing of a Strategy.

Strategy - Refers to the conditions and trade instructions defined by the User and implemented within the Platform.

User - Refers to any natural person or legal person using the services offered by the Platform or visiting its website with a full legal capacity.

Enyxus LLC, a company registered in the State of Wyoming in the United States of America, is the data controller for personal information collected in connection with provision of Enyxus services in both the United States and Internationally.  

However, depending on your place of legal residence certain other Enyxus entities could be involved in processing activities such as Know Your Customer (“KYC”) activities which are necessary for us to provide some but not all Services to you. For example, Enyxus may operate a subsidiary within your country to comply with the laws of that country, and said subsidiary would be responsible for running KYC checks. These Enyxus entities could act as Controllers of your personal information and use it in accordance with this Privacy Notice.

3.1 Personal Information

3.1.1  Personal Information Enyxus Collects | Enyxus may collect and process various forms of information as necessary, depending on the types of Services or Offerings you with which you may choose to engage. This data may include but is not limited to: your name, email address, gender, date of birth, home address, phone number, nationality, device ID, a video recording of you and a photographic image; transactional information.  

3.1.2  Reasons for this Data Collection | Enyxus may collect and process identity information and Sensitive Personal Data to comply with our Know Your Customer (“KYC”)obligations under applicable laws and regulations, and Anti-Money Laundering laws and regulations.  Enyxus uses your personal information to communicate with you in relation to Enyxus Services. With regard to transactional information, Enyxus uses your personal information to process your orders, and to communicate with you about orders and services.  

3.1.3  Legal Basis for our use of personal information (EU and UK GDPR Compliance) | When Enyxus provides you the User and/or Consumer, with products or services, or communicates with you about them, this activity constitutes the Performance of a Contract with you. This includesbut is not limited to our use your personal information to take and handleorders, and process payments.Enyxus is compelled to comply with our legalobligations under applicable laws and regulations, and Anti-Money Launderinglaws and regulations. Additionally, when you consent to processing yourpersonal information for a specified purpose, we collect this information asneeded. Please note that you may withdraw your consent at any time and we willstop processing your personal information for that purpose. The withdrawal ofconsent does not affect the lawfulness of processing based on consent beforeits withdrawal. 

3.2  Digital and Internet Footprint Information 

3.2.1  Personal Internet and Digital Information Enyxus Collects |
Enyxus may collect and process various forms of data related to your interactions with our web-based services, depending on the types of Services or Offerings you with which you may choose to engage. This data may include but is not limited to: the Internet protocol (IP) address used to connect your computer to the Internet, login, e-mail address, password and location of your device or computer, Enyxus Services metrics (e.g., the occurrences of technical errors, your interactions with service features and content, and your settings preferences), version and time zone settings. 

3.2.2  Reasons for this Data Collection | Enyxus may collect and process this information in order to provide, troubleshoot, and improve our Services.  Enyxus uses your personal information to provide functionality, analyze performance, fix errors, and improve the utility and efficacy of our Services and/or offerings. 

3.2.3  Legal Basis for Our Use of Personal Internet and Digital Information | When Enyxus provides you the User, with products or services, we maintain a legitimate interest in protecting the security of our services and the security interests of our users and others who may simply access Company Properties when, for example, we detect and prevent fraud and abuse.  

3.3  Transaction Information 

3.3.1  Personal Transaction Information Enyxus Collects
| Enyxus may collect and process various forms of transaction activity information as necessary, depending on the types of Services or Offerings you with which you may choose to engage. This data may include but is not limited to: information from other sources including credit history information from credit bureaus.  

3.3.2  Reasons for this Data Collection | Enyxus may collect and process personal information to prevent and detect fraud and abuse in order to protect the security of our users, Enyxus Services and others. Additionally we may also employ various internal scoring methods to assess and manage credit risks, where necessary. 

3.3.3  Legal Basis for our use of personal information (EU and UK GDPR) | When Enyxus provides you the User, with products or services, or communicates with you about them, this activity carries a legal obligation to comply with applicable laws and regulations, related to national, international and local Anti-Money Laundering laws and regulations. Additionally, Enyxus maintains a legitimate interest in our own security and the security interests of our users and visitors to Company Properties when, for example, we detect fraud and abuse, so that where possible, we may take actions to mitigate the effect(s) of said fraud and abuse. 

3.4  User Activity Information 

3.4.1  Personal Activity Information Enyxus Collects
| Enyxus may collect and process various forms of information about you on your behavior and your activity for marketing and advertising purposes, as necessary, depending on the types of Services or Offerings with which you may choose to engage.  

3.4.2  Reasons for this Data Collection | Enyxus may collect and process this activity and behavior information to improve our services and user experience within our services and Company Properties. We may also use your personal information to recommend features and services that might be of interest to you, identify your preferences, and personalize your experience with Enyxus Services and/or other Company Properties. 

3.4.3  Legal Basis for our use of Activity and Behavioral Information | When Enyxus provides you the User, with products or services, or communicates with you about them this activity constitutes the Performance of a Contract with you. This includes but is not limited to our use of your personal activity and behavioral information gathered as you interact with Company Properties, Operators and/or Providers. When we request your consent to process your personal information for a specific purpose that we communicate to you, Enyxus maintains a legitimate interest in improving our services and offerings. Please note that you may withdraw your consent at any time and we will stop processing your personal information for that purpose. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Enyxus does not allow anyone under the age of 18 to use any paid Enyxus Services and does not knowingly collect personal information from children under 18.However, various forms of information is available on Company Properties that may be open for public viewing. Such information (for example, market pricing of Risk Assets and other forms of market data) does not require limitations on availability to minors and may be viewed by minors. Enyxus does not knowingly collect personal information from minors accessing this information.  

We use cookies and similar tools to enhance your user experience, provide our services, enhance our marketing efforts and understand how customers use our services so we can make improvements. Depending on applicable laws in the region you are located in, the cookie banner on your browser will tell you how to accept or refuse cookies.

We may share your Personal Data with third parties(including other Enyxus entities) if we believe that sharing your Personal Datails in accordance with, or required by, any contractual relationship with you or us, applicable law, regulation or legal process. When sharing your Personal Information with other Enyxus entities, we will use our best efforts to ensure that such entity is either subject to this Privacy Notice, or follow practices at least as protective as those described in this Privacy Notice. We may also share personal information with the following persons:

1. Third party service providers: We employ other companies and individuals to perform functions on our behalf. Examples include analyzing data, providing marketing assistance, processing payments, transmitting content, and assessing and managing credit risk. These third-party service providers only have access to personal information needed to perform their     functions, but may not use it for other purposes. Further, they must process the personal information in accordance with our contractual agreements and only as permitted by applicable data protection laws.

2. Legal Authorities: We may be required by law or by Court Order to disclose certain information about you or any engagement we may have with you to relevant regulatory, law enforcement and/or other competent authorities. We will disclose information about you to legal authorities to the extent we are obliged to do so according to the law. We may also need to share your information in order to enforce or apply our legal rights or to prevent fraud.

3. Business transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, user information generally is one of the transferred business assets, but remains subject to the promises made     in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the unlikely event that Enyxus or substantially all of its assets are acquired by a third party, user information will be one of the transferred assets.

4.
Protection of Enyxus and others: We release accounts and other personal information when we believe release is appropriate to comply with the law or with our regulatory obligations; enforce or apply our Terms of Use and other agreements; or protect the rights, property or safety of Enyxus, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

To facilitate our global operations, Enyxus may transfer your personal information outside of the European Economic Area (“EEA”), UK and Switzerland. The EEA includes the European Union countries as well as Iceland, Liechtenstein, and Norway. Transfers outside of the EEA are sometimes referred to as “third country transfers”.

We may transfer your personal data within our Affiliates, third-party partners, and service providers based throughout the world. In cases where we intend to transfer personal data to third countries or international organizations outside of the EEA. Enyxus puts in place suitable technical, organizational and contractual safeguards (including Standard Contractual Clauses), to ensure that such transfer is carried out in compliance with applicable data protection rules, except where the country to which the personal information is transferred has already been determined by the European Commission to provide an adequate level of protection.

We also rely on decisions from the European Commission where they recognize that certain countries and territories outside of the European Economic Area ensure an adequate level of protection for personal information. These decisions are referred to as “adequacy decisions”. We transfer personal data to Japan on the basis of the Japanese Adequacy Decision.

We design our systems with your security and privacy in mind. We have appropriate security measures in place to prevent your information being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We work to protect the security of your personal information during transmission and while stored by using encryption protocols and software. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personal information. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know.

Our security procedures mean that we may ask you to verify your identity to protect you against unauthorized access to your account password. We recommend using a unique password for your Enyxus account that is not utilized for other online accounts and to sign off when you finish using a shared computer.

In order for us to provide you with the best user experience, we may share your personal information with our marketing partners for the purposes of targeting, modelling, and/or analytics as well as marketing and advertising. You have a right to object at any time to processing of your personal information for direct marketing purposes, in accordance with this Privacy and Cookies Policy.

Subject to applicable law, as outlined below, you have a number of rights in relation to your privacy and the protection of your personal information. You have the right to request access to, correct, and delete your personal information, and to ask for data portability. You may also object to our processing of your personal information or ask that we restrict the processing of your personal information in certain instances. In addition, when you consent to our processing of your personal information for a specified purpose, you may withdraw your consent at any time. If you want to exercise any of your rights please contact us at info@Enyxus.com .These rights may be limited in some situations - for example, where we can demonstrate we have a legal requirement to process your personal data.

1. Right to access: You have the right to obtain confirmation that your personal information was processed and to obtain a copy of it as well as certain information related to its processing;

2. Right to rectify:  You can request the rectification of your personal information which are inaccurate, and also add to it. You can also change your personal information in your Account at any time.

3. Right to delete:  You can, in some cases, have your personal information deleted;

4. Right to object:  You can object, for reasons relating to your particular situation, to the processing of your personal information. For instance, you have the right to object where we rely on legitimate interest or where we process your data for direct marketing purposes;

5. Right to restrict processing:  You have the right, in certain cases, to temporarily restrict the processing of your personal information by us, provided there are valid grounds for doing so. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law;

6. Right to portability:
 In some cases, you can ask to receive your personal information which you have provided to us in a structured, commonly used and machine-readable format, or, when this is possible, that we communicate your personal     information on your behalf directly to another data controller;

7. Right to withdraw your consent: For processing requiring your consent, you have the right to withdraw your consent at any time. Exercising this right does not affect the lawfulness of the processing based on the consent given before the withdrawal of the latter;

8. Right to lodge a complaint with the relevant data protection authority:  We anticipate that we will be able to satisfy any queries you may have about the way in which we process your personal information. However, if you have unresolved concerns, you also have the right to complain to the appropriate data protection authority in the location in which you live, work or believe a data protection breach has occurred.

If you have any questions or objection as to how we collect and process your personal information, please contact info@Enyxus.com.

We keep your personal information to enable your continued use of Enyxus Services, for as long as it is required in order to fulfil the relevant purposes described in this Privacy Notice, and as may be required by law such as for tax and accounting purposes, compliance with Anti-Money Laundering laws, or as otherwise communicated to you.

Our data protection officer can be contacted at info@Enyxus.com, and will work to address any questions or issues that you have with respect to the collection and processing of your personal information.

If you have any concerns about privacy at Enyxus, please contact us, and we will try to resolve it. You also have the right to contact your local Data Protection Authority. 

Our business changes regularly, and our Privacy Notice may change also. You should check our websites frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.