PRIVACY POLICY

1. APPLICATION

1.1. This policy (“Privacy Policy”) describes how we, Finitiative Consultancy IO, manage Personal Data that is in our possession or under our control. “Personal Data” has the meaning ascribed to it under the Personal Data Protection Act (Passed 15.02.2007 RT I 2007, 24, 127) 

1) Convention from 19 July 1990 Applying the Schengen Agreement of 14 June 1985 Between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, on the Gradual Abolition of Checks at their Common Borders (the Schengen Convention) or

 2) Convention from 26 July 1995 based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (the Europol Convention)

 and currently refers to data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which we have or are likely to have access.

1.2. By using our products and/or services pursuant to your agreement(s) with us (the “Products and Services”), including but not limited to the operation of any account maintained with us at www.whaleapp.io  (including any sub-domains therein), or otherwise providing information to or communicating with us, you are taken to have agreed to our collection, use, processing and disclosure of your Personal Data in accordance with this Privacy Policy.

1.3. This Privacy Policy does not supersede or replace any other consents you may have previously or separately provided to us in respect of your Personal Data, and your consent to this Privacy Policy is in addition to any other rights which we may have at law to collect, use, process or disclose your Personal Data.

1.4. The words “we”, “us”, “our” or any of their derivatives refer to Finitiative Consultancy IO and its successors and any novatee, assignee, transferee or purchaser of Finitiative Consultancy IO’s rights and/or obligations hereunder and any reference to Finitiative Consultancy IO includes a reference to such successor, novatee, assignee, transferee or purchaser. The words “you”, “your”, “yours” or any of their derivatives refer to the person using our Products and Services, operating any account maintained with us, or otherwise providing information to or communicating with us and shall include, as the context may require, personal representatives (as the case may be).

1.5. This Privacy Policy shall be governed by, and construed in accordance with, the laws of Benelux, European Union. 

2. PERSONAL DATA THAT WE COLLECT

2.1. We collect, use, disclose, transfer and otherwise process Personal Data about you or individuals who are connected or associated with you including but not limited to your legal representatives (“Associated Persons”) in accordance with this Privacy Policy.

2.2. The Personal Data that we collect or may collect include:

1. personal contact data including name, telephone number, email address, residential address and correspondence address;
2. specimen signature(s);
3. occupation, education and income levels;
4. identification card or passport number, date of birth, place of birth and other information for the verification of identity;
5. financial and banking information (e.g. information on net assets, income, expenses, credit history, bank account and banking transactions, securities trading account);
6. images and voice recordings of our conversations with you;
7. tax and insurance information;
8. information about your risk profile, investments, investment objectives, knowledge and experience and/or business interests and assets;
9. personal opinions made known to us (e.g. your feedback or responses to any surveys);
10. browsing history, patterns or other unique information;
11. your internet protocol address and information associated with such address;
12. any other personal data reasonably required in order for us to provide the Products and Services requested by you; and
13. any other personal data permitted by or required to comply with any applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, licence conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance and/or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body, law enforcement body, court, central bank or tax revenue authority or any other authority whether in European Union or elsewhere, whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time (“Applicable Laws”) and our internal control and compliance policies.

3. SOURCES OF INFORMATION

3.1. The Personal Data has/or will be obtained from the following sources, where applicable, or such other sources which we may see fit from time to time:

1. information provided or submitted by you through (among others) your dealings and agreements with us, which includes information provided when registering as a user, providing information regarding any account which you may open with us, providing answers to security questions, completing any confirmations, declarations or forms, or through your utilisation of any of our Products and Services, accessing or viewing our website;
2. as applicable, publicly available or publicly accessible information; and
3. such other written, electronic or verbal communications or documents delivered to us prior to and during the course of our contractual or pre-contractual dealings with you.

3.2. As the accuracy of your Personal Data depends largely on the information you provide to us, you should inform us as soon as practicable if there are any errors in the Personal Data or if there have been any changes to the Personal Data. We intend to keep the Personal Data accurate and up-to-date, and retain the Personal Data no longer than necessary for the above purposes or as required or permitted by any applicable law.

4. PURPOSES

4.1. For the purpose of carrying out our Services, you acknowledge and agree that your Personal Data may be collected, used and disclosed by us for one or more of the following purposes (“Basic Business Purposes”) to the extent applicable:

1. processing your application for any of the Products and Services offered or distributed by us;
2. evaluating your profile from time to time;
3. provision of the Products and Services as requested by you;
4. facilitating, administering, managing and/or maintaining your relationship with us;
5. generating financial, regulatory, management or other related reports and performance of analytics;
6. preventing, detecting and investigating crime, offences or breaches including but not limited to fraud, money-laundering, counter-terrorist financing and bribery;
7. meeting or complying with our internal policies and procedures and any applicable rules, laws, regulations, codes of practice or guidelines, orders or requests issued by any court, legal or regulatory bodies (both national and international) (including but not limited to disclosures to regulatory bodies, conducting audit checks, surveillance and investigation); 
8. legal purposes (including but not limited to enforcing our legal rights, drafting and reviewing documents, obtaining legal advice and facilitating dispute resolution);
9. handling customer queries, feedback or complaints; 
10. facilitating proposed or actual assignment, transfer, participation or sub-participation in any of our rights or obligations in respect of your agreement(s) with us;
11. carrying out any transactions on your behalf in relation to the Products and Services; 
12. communicating with you, including providing you with updates on changes to our Products and Services; 
13. to verify your identity for the purposes of providing any Products and Services to you; 
14. conducting due diligence checks,  
15. for the specific purpose for which it was volunteered or provided to us; 
16. to detect and protect us or any third parties against negligence, fraud, theft and other illegal activities; 
17. to understand your needs and preferences; 
18. improving the content, appearance and utility of the Products and Services; 
19. to manage and develop infrastructure and business operations; 
20. to administer any account which you may open with us; 
21. to process payments;
22. to address or investigate any complaints, claims or disputes;
23. as permitted by any Applicable Laws;
24. financial reporting, regulatory reporting, management reporting, risk management, audit and record keeping purposes;
25. enforcing obligations owed to us;
26. seeking professional advice, including legal advice;
27. any other reasonable purposes in connection with the provision of our Products and Services;
28. any other purposes that are appropriate or authorised by any Applicable Laws; and
29. purposes which are reasonably related to the aforesaid

4.2. In addition to the Basic Business Purposes, we may collect, use, and disclose your Personal Data for:

1. conducting of market research, surveys and data analysis relating to any Products and Services provided or to be provided by us (whether conducted by us or jointly with another party) which may be relevant to you (“Research Purpose”); and
2. offering, marketing and/or promoting to you any products, services, offer or events provided by us, our affiliates and/or partners which we think may be of interest to you (“Marketing Purpose”).

4.3. You may, at any time, withdraw your consent to receiving marketing information from us. If you wish to do so, please click on the “Unsubscribe” option available on all marketing/newsletter emails that you may receive from us or contact our Data Protection Officer at [support@whaleapp.io].

4.4. You may also at any time withdraw your consent given for any or all of the Basic Business Purposes, Research Purpose and/or Marketing Purpose (collectively “Purposes”) in writing to our Data Protection Officer at [support@whaleapp.io]. If you withdraw consent for any or all of the Purposes and depending on the nature of your request, we may not be in a position to continue to provide our Products and Services to you. In certain circumstances, your withdrawal may be considered a termination by you of any contractual relationship which you have with us and may result in a breach of your contractual obligations or undertakings, and our legal rights and remedies in such event are expressly reserved.

5. ACCURACY OF DATA

5.1. As we rely on the information including your Personal Data provided to provide our Products and Services, you agree to ensure that at all times the information provided is correct, accurate and complete. You shall update us in a timely manner of any change to the information provided to us by you, including your Personal Data.

5.2. The above does not derogate from any terms of any agreement(s) we have with you. Our rights above shall be without prejudice to other rights of collection, use and disclosure of Personal Data pursuant to any agreement(s) we have with you or under any applicable law, and nothing herein is to be construed as limiting any of these other rights.

6. DISCLOSURE AND SHARING OF YOUR PERSONAL DATA

6.1. You agree that in order for us to carry out the Purposes, we may share your Personal Data with our affiliates, partners and/or other third parties (where applicable), whether in European Union or elsewhere.

6.2. We may from time to time disclose and share your Personal Data to our directors, officers, employees, representatives, agents or delegates or any third parties, whether located in European Union or otherwise, to carry out the Purposes. This includes, disclosing and sharing your Personal Data with the following:

1. any of our directors, officers, employees, representatives, agents or delegates;
2. any of our affiliates, partners and/or other third parties (where applicable), including any of their successors or assigns, and their directors, officers, employees, representatives, agents or delegates;
3. our professional advisers, consultants and auditors;
4. any service providers, agents, contractors, delegates, suppliers or other third parties which we may appoint from time to time to provide us with services in connection with the Products and Services that we offer to you, and their directors, officers, employees, representatives, agents or delegates;
5. any sub-contractors which any of our service providers, agents, suppliers, delegates or contractors may appoint from time to time to provide them with services in connection with the Products and Services that we offer to you, and their directors, officers, employees, representatives, agents or delegates;
6. anyone who takes over or may take over all or part of our rights or obligations under any agreement(s) we have with you;
7. parties which assist us in carrying out the Purposes laid out above in this Privacy Policy;
8. any person who we believe in good faith to be your legal adviser or other appointed professional;
9. any relevant governmental or regulatory authority, in so far as we need to do so to comply with any Applicable Laws, or which we in good faith believe that we should comply with;
10. pursuant to a request by any relevant governmental or regulatory authority (regardless of the reason for such request and whether such request is exercised under a court order or otherwise); and
11. any person to whom we are, in our belief in good faith, under an obligation to make disclosure as required by any Applicable Laws,

provided that in the case of disclosures under any of the circumstances in (a) to (g), we shall procure that the recipient is subject to the same duty of confidence.

7. TRANSFER OF YOUR PERSONAL DATA OUTSIDE 

7.1.We may transfer, store, process and/or deal with your Personal Data outside European Union. In doing so, we will comply with the requirements of the PDPA.

8. RETAINING YOUR PERSONAL DATA

8.1.Your Personal Data is retained as long as the purpose for which it was collected remains and until it is no longer necessary for any other business purposes or to comply with any Applicable Laws.

9. RIGHTS OF ACCESS AND RECTIFICATION

9.1. However, you may also request access to Personal Data we hold, or request the rectification of any inaccurate data. If you would like to do so, please contact our Data Protection Officer at [support@whaleapp.io].

10. USE OF COOKIES AND RELATED TECHNOLOGIES

10.1. Our website uses cookies. A cookie is a small text file placed on your computer, system or mobile device when you visit a website or use an application. Cookies collect information about users and their visit to the website or use of the application, such as their internet protocol address, how they arrived at the website (for example, through a search engine or a link from another website) and how they navigate within the website or application. We use cookies and other technologies to facilitate your internet sessions and use of our website, offer you our Products and Services according to your preferred settings, track use of our website and applications and to compile statistics about activities carried out on our website and/or through our applications.

10.2. A pixel tag, also known as a web beacon, is an invisible tag placed on certain pages of our website but not on your computer. Pixel tags are usually used in conjunction with cookies and are used to monitor the behaviour of users visiting the web site.

10.3. You may set up your web browser to block cookies which will in turn disable the pixel tags from monitoring your website visit. You may also remove cookies stored from your computer or mobile device. However, if you do block cookies and pixel tags, you may not be able to use certain features and functions of our website.

11. THIRD PARTY SITES

11.1. Our websites may contain links to other websites which are not maintained by us. This Privacy Policy only applies to our website, mobile applications, as well as the Products and Services. When visiting these third-party websites, you should read their privacy policies which will apply to your use of the websites.

12. CHANGES

12.1. Our Privacy Policy may change from time to time without prior notice. If you continue to use our Products and Services, operate any account maintained with us, access our websites, and/or otherwise provide information to or communicate with us, you are deemed to have agreed to such changes without reservation.

13. CONTACTING US

13.1. If you have any questions about any aspects of this policy or your Personal Data, please contact our Data Protection Officer at [support@whaleapp.io].