FalconX Global Privacy Policy

Thank you for taking the time to read the FalconX Limited ("FalconX", "we", "our", or "us") privacy policy (the "Privacy Policy"). We are committed to protecting your personal information and your right to privacy. This Privacy Policy sets out how we collect, use, process, store, and disclose your personal information on https://www.falconx.io (the "Website") and in providing our prime brokerage services including trading, financing, custody, staking, and related services (collectively, the "Services"). By accessing and using our Services you freely and expressly consent to the collection, use, processing, storage, and disclosure of your personal information as set out in this Privacy Policy.

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In This Policy

1. When We Collect Information
2. Categories of Personal Information We Collect
3. Business Purposes for Collecting Your Information
4. How We Disclose Your Personal Information
5. Your Privacy Rights
6. Use Of Cookies And Tracking Technologies
7. Security
8. Retention
9. U.S. State-Specific Disclosure
10. Children’s Privacy
11. Third-Party Links
12. Changes To This Privacy Policy
13. Contact Us

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1. When We Collect Information

We may collect personal information that you provide when you:

• Create an account with us.
• Make a purchase or otherwise use our Website or Services.
• Sign up for our email newsletter, instant message, or other communications.
• Interact with our social media accounts such as liking, commenting, or direct messaging our profiles.
• Click through a marketing promotion.
• Provide us with user content, ideas, information, user reviews, comments, feedback, or other submissions.
• Otherwise contact us.

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‍2. Categories of Personal Information We Collect

Information you provide:

• Basic Customer Information. We may collect your name, email address, mailing address, phone number, and date of birth.
• Identification Information. We may collect your driver's license, federal/state ID card, Social Security Number, Tax ID number, photograph(s), or other government-issued ID information.
• Enhanced Due Diligence Information. We may collect information to comply with "Know-Your-Customer", "Know-Your-Business", and other similar legal obligations including biometric information such as a selfie or video to show liveliness and compare against your government issued ID, as well as imprecise geolocation information derived from your IP address for verification. You can learn more about our biometric data practices in our Biometric Data Privacy Policy.
• Institutional Information. We may collect information about the entity through which you use FalconX such as Employer Identification Number (EIN), proof of legal formation (e.g., articles of incorporation/by-laws), and/or identification information for beneficial owners.
• Financial Information. We may collect financial information such as your bank account number, payment card information, transaction history, trading data, tax identification number (TIN), and/or source of wealth.
• Your Inquiries. Information from your inquiries into our Services, or how you otherwise indicate you may be interested in our Services, which may include providing us with your name, work email, phone number, company name, position title, website, social media links, and time zone.
• Interactions. Our Website offers you the ability to interact with us by signing up for email communications, downloading content, registering for webinars or events, and through community forums.

Information we automatically collect:

• Transaction Information. We may collect information about the transactions you make using our Services, such as the names of the recipient, transaction amount, and timestamp.
• Website Metadata and Analytics. When you visit our Website and use our Services we may collect IP address, device information, date/time of visits, new or returning visits, products viewed, page response times, URL clickstreams, how long you stay on our pages, and/or what you do on those pages.
• Cookies and Other Tracking Technologies. We may use cookies, beacons, pixel tags, and other similar technologies to collect additional information automatically as you interact with the Services and to personalize your experience with our Services. Learn more about our cookie use below.

Information from third parties:

• Blockchain Data. We may analyze public blockchain data, including wallet addresses, transaction IDs, timestamps of transactions or events, transaction amounts, and digital signatures.
• Additional Information from Third-Party Sources. We may collect information from third parties as required or permitted by applicable law, including third parties such as credit bureaus, identity verification services, and public databases. We may combine the information collected from these sources with the information we get from our Website or Services in order to verify your identity, comply with our legal obligations, and ensure our Website and Services are not used fraudulently or for other illicit activities.

We may also make inferences about you such as your interests that we believe are relevant to you and your household based on the information we have collected.

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3. Business Purposes for Collecting Your Information

We use your personal information in accordance with your instructions, including any applicable terms you agree to in our Terms of Use, and as required or restricted by applicable law. We may also use the information for the following purposes:

We work with service providers, partners and other third parties to help us provide our Services. We may disclose your information, including your personal information, in the following circumstances:

• To Provide Our Website and Services. We may use information to provide, personalize, maintain, and improve our products, Website and Services. This includes using information to: operate, and improve our Website and Services, and manage our business; create and update users' accounts; process transactions; and send information including confirmations, notices, invoices, technical notices, updates, security alerts, and support and administrative messages.
• Safety and Security. We may use your information to help maintain the safety, security, and integrity of our Websites and Services, including to: protect, investigate, respond to, and deter against fraudulent, unauthorized, or illegal activity; monitor and verify identity or service access; protect against spam, malware, or security risks; and perform internal operations necessary to provide our Services, including to troubleshoot software bugs and operational issues.
• Legal and Regulatory Compliance. Many of our Services are subject to laws and regulations requiring us to collect, use, and store your personal information in certain ways. For example, we must identify and verify customers using our Websites or Services in order to comply with anti-money laundering and anti-terrorism laws. We also use third parties to verify your identity by comparing the personal information you provide against third party, authoritative sources and databases, including public records.
• Research and Development. We may use the information we collect for testing, research, analysis, and product development to improve your experience, enhance the safety and security of our Websites and Services, improve our ability to prevent the use of our Website or Services for illegal or improper purposes, develop new features and products, and facilitate payment solutions in connection with our Websites and Services.
• Customer Support. We use your information to address your request for support and to respond to customer care and other inquiries.
• Marketing and Advertising. In a manner consistent with our regulatory obligations, we use your information to send you targeted marketing communications through email and instant messaging. You may also see ads for our Services when you visit other apps and websites.
• Business and Legal Purposes. We may use your information for other business and legal purposes, such as to detect and prevent fraud, to protect individual's vital interests, to collect amounts owing to us, and to maintain business records.
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We may otherwise process personal information with your consent.

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4. How We Disclose Your Personal Information

We work with service providers, partners and other third parties to help us provide our Services. We may disclose your information, including your personal information, in the following circumstances:

• With Your Consent. You may permit us to disclose your personal information with others for any other purposes disclosed to you with your consent.
• With Our Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
• With Other Users. When you share personal information or otherwise interact with public areas of the Website, such personal information may be viewed by all users and may be publicly distributed in perpetuity.
• To Comply With Our Legal Obligations. We may disclose your information with courts, law enforcement authorities, regulators, attorneys or other parties: (i) to comply with laws and legal obligations; (ii) for the establishment, exercise, or defense of a legal or equitable claim; (iii) to respond to law enforcement and regulatory requests, including when we are compelled to do so by a subpoena, court order, search or seizure warrant, or similar legal procedure, and for international law enforcement requests, pursuant to a mutual legal assistance treaty or letter rogatory; (iv) when we believe in good faith that the disclosure of personal information is necessary to protect the rights, property or safety of our customers, us, or others, including to prevent imminent physical harm or material financial loss; (v) to investigate violations of our Terms of Use or other applicable policies; or (vi) to report suspected illegal activity or to assist law enforcement in the investigation of suspected illegal or wrongful activity.
• With Third-Party Identity Verification Services. We may disclose your information with third party identity verification service providers for the purposes of identity verification, fraud prevention, and denial of service to persons presenting an unacceptable level of money-laundering or terrorism-financing risks. For example, we use Sumsub for individual customer identity verification and ComplyAdvantage for institutional customer identity verification. To learn more about Sumsub's and ComplyAdvantage's privacy practices, please visit the Sumsub Privacy Notice and ComplyAdvantage's Privacy Notice respectively. To learn more about our biometric data practices, please review our Biometric Data Privacy Policy.
• To Comply with the Travel Rule. In accordance with regulations commonly known as the "Travel Rule" in multiple jurisdictions, FalconX may collect, retain, and/or share with other service providers information about the counterparties in certain cryptocurrency transfers.
• For Regulatory Compliance Purposes. FalconX is subject to Anti-Money Laundering ('AML') and Know Your Customer ('KYC') laws in order to prevent fraud, money laundering, and other potential illegal activities. We may disclose your information to comply with these obligations, including with service providers who use your personal information to determine whether or not to provide their services, and to provide their services.
• With Service Providers. We may disclose your information on a confidential basis with service providers who help facilitate business operations such as payment processing, data analysis, email delivery, hosting services, customer service, and security or information technology services. Our legal agreements require these service providers to only use your information according to our instructions.
• To Detect and Prevent Fraud. We may disclose your information with law enforcement, government agencies, regulators, financial institutions, industry partners, and other third parties in order to detect, prevent, and report actual or potential fraud, money laundering, terrorist financing, unauthorized transactions, and other financial crimes and illicit activities.
• For Advertising Purposes. Some U.S. state laws classify service providers engaged in select advertising services as 'third party businesses' or 'independent controllers.' You have the right to restrict these types of advertising services providers' use of your personal information. For clarity, FalconX does not 'sell' personal information with these advertising services for monetary consideration, but disclosure may be classified as a 'sale' under various state privacy laws.
• With Financial Institutions. We may disclose your information with financial institutions and their service providers such as auditors to process payments you have authorized.
• With Our Professional Advisors. We may disclose your information with our professional advisors such as accountants, auditors, lawyers, insurers, bankers, and blockchain forensic services in order to complete third party audits and/or to comply with our legal and regulatory obligations.
• During A Change To Our Business. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all of your information may be disclosed or transferred.
• Aggregated or De-identified Data. We may disclose de-identified, aggregate, or anonymous information for any purpose. This means that the information we disclose does not identify specific individuals.

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5. Your Privacy Rights

You have the right to exercise the following choices with our use of your personal information:

You can exercise these rights by contacting us at privacy@falconx.io or at +1 901-213-6033.
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6. Use Of Cookies And Tracking Technologies

Like many companies, we use cookies and similar technologies (such as clear gifs, web beacons, tags, and similar technologies) to collect information about your browsing activities, your interactions with websites and our Services, and to serve tailored ads and for the purposes described in this Privacy Policy. There are a number of ways to opt out of having your online activity and device data collected through these services, which we summarize below.

• Opting out of cookie use in our Cookie Preferences Center. You can opt out of cookies via our cookie preferences center link on our Website footer. You may also opt out by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.
• Blocking Cookies In Your Browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Advertising Industry Opt-Out Tools. You can also use these opt-out options to limit use of your information for interest-based advertising online or in apps by visiting http://optout.aboutads.info for U.S. residents, and https://www.youronlinechoices.eu/ for EU/UK residents.
• With Each of Our Vendors Individually. The following advertising or marketing services partners offer opt-out features that let you opt-out of use of your information for interest-based advertising or profiling:

Please note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

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7. Security

We protect information we collect about you by maintaining physical, administrative, and technical safeguards designed to prevent unauthorized access to user data retained in our servers, however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We take reasonable precautions to protect your information both online and offline. The servers on which we store data are kept in a secure environment.

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8. Retention

We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Website or any requested services, and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. No purpose in this policy will require us keeping your personal information for longer than two years unless required by applicable law.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

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9. U.S. State-Specific Disclosure

California and other U.S. states have enacted comprehensive privacy laws. If you are a resident of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you may have certain privacy rights detailed herein.

Additional Privacy Rights:

In addition to the rights granted above, if you are a resident of the above states, you may have the right to:

• Opt out of the 'sale' or 'share' of your personal information for targeted advertising. We do not 'sell' or 'share' your personal information for monetary benefit. However, some third-party cookies placed on our Website may be considered a 'sale' or 'share' under these privacy laws. You may opt out of such cookies via our cookie preference center.
• Sensitive personal information. FalconX only collects that sensitive personal information which is necessary for us to provide our Services. As such, limiting our use of your sensitive personal information would result in us not being able to provide our Services.

You can exercise these rights by contacting us at privacy@falconx.io or via phone at +1 901-213-6033.

Appeal:

If we deny your privacy request, you may appeal that decision by emailing us at privacy@falconx.io. If, after we have processed your appeal, you are still unsatisfied with our response, you have the right to file a complaint with your state attorney general.

Controller/Business Designation:

We operate as a Controller (and a Business under CCPA).

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10. Children's Privacy

We do not intentionally collect any personal information from children under the age of 18. If you believe we have obtained personal information associated with children under the age of 18, please contact us at privacy@falconx.io and we will delete it.

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11. Third-Party Links

Our Website and Services may contain links to other websites or services. We do not exercise control over the information you provide, or is collected by these third-party websites. We encourage you to read the privacy policies or statements of the other websites you visit.

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12. Changes To This Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes, we will post the updated Privacy Policy on this page with a 'Last Updated' effective date of the revisions. We encourage you to look for updates and changes to this Privacy Policy by checking this page when you access our Services.

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13. Contact Us

If you have any questions about our privacy or security practices, or if you would like to submit a privacy request, you can contact us by email at privacy@falconx.io or at +1 901-213-6033.