Privacy Policy

Terms and Conditions

This Agreement is agreed between you and Eve Exchange herby known as Eve and referred to as “the Company” for the purpose of this agreement.

This Agreement applies to any parent company or group companies we may use in the scope of our business operations.

This policy and any other documents referred to sets the basis on which any information we collect from you or you provide to us will be processed. Please read the following document carefully in order to understand our views and practices regarding your personal data. By visiting www.eve.exchange you are accepting and consenting to the following conditions set forth below.

In some cases when necessary changes may be made to the policy, in the event these changes are material we may notify you by email of such updates. Continued use of the site or applications will be considered agreement and consent to such policies.

Our Data protection policy is based on EU GDPR data protection laws and standards, in the event you are a user outside this jurisdiction you agree to be governed by such laws by using our services.

Rest assured Eve is committed to your privacy.

1. Definitions and Interpretation

1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:

1.1.1 “Agreement” means this Data Processing Agreement and all Schedules;

1.1.2 “Company Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to or in connection with the Principal Agreement;

1.1.3 “Contracted Processor” means a Subprocessor;

1.1.4 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;

1.1.5 “EEA” means the European Economic Area;

1.1.6 “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;

1.1.7 “GDPR” means EU General Data Protection Regulation 2016/679;

1.1.8 “Data Transfer” means:

1.1.8.1 a transfer of Company Personal Data from the Company to a Contracted Processor; or

1.1.8.2 an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);

1.1.9 “Services” means the services the Company provides.

1.1.10 “Subprocessor” means any person appointed by or on behalf of a Processor to process Personal Data on behalf of the Company in connection with the Agreement.

1.2 The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

2. Processing of Data

2.1 Processor shall:

2.1.1 comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and

2.1.2 not Process Company Personal Data other than on the relevant Company’s documented instructions.

2.2 The Company instructs a Processor to process Company Personal Data.

3. Processor Personnel

Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings and/or professional and/or statutory obligations of confidentiality.

4. Security

4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

4.2 In assessing the appropriate level of security, Processor shall take into account the risks that are presented by Processing, in particular from a Personal Data Breach.

5. Subprocessing

5.1 Processor shall not appoint or disclose any Company Personal Data to any Subprocessor unless required or authorized by the Company.

6. Data Subject Rights

6.1 Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.

6.2 Processor shall:

6.2.1 promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and

6.2.2 ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.

7. Personal Data Breach

7.1 Processor shall notify Company without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report and/or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

7.2 Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation, and remediation of each such Personal Data Breach.

8. Data Protection Impact Assessment and Prior Consultation

Data Protection Impact Assessment and Prior Consultation (is required/needed and a) Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

9. Deletion or return of Company Personal Data

9.1 Subject to this section 9 Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.

10. Audit rights

10.1 Subject to this section 10, Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.

10.2 Information and audit rights of the Company only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

11. Data Transfer

11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

12. General Terms

12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:

(a) disclosure is required by law;

(b) the relevant information is already in the public domain.

12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post, or sent by email to the address or email address set out below Agreement at such other address as notified from time to time by the Parties changing address.

13. Cookie Policy

13.1 Understanding how and why we use cookies

Eve uses cookies on our website (Site) and product platforms (Products) to distinguish you from other users on the Site and Products. This helps us to improve your experience when using our Site and Products and to ensure the Site and Products perform as you expect it to. By browsing the Site and Products, you are agreeing to our use of cookies.

Due to recent changes in law, all websites which operate across certain parts of the European Union are required to obtain consent to using or storing cookies (or similar technologies) on your computers or mobile devices. This Cookie Policy section provides you with clear and comprehensive information about the cookies we use and the purposes for using them.

13.2 What are cookies?

Cookies are small text files that are sent to and stored on your computer, smartphone or other device for accessing the internet, whenever you visit a website. Cookies are useful because they allow a website to recognise a user’s device. We use the following cookies on our Site and Products:

‘strictly necessary’ cookies, which are essential to ensure performance of the site. They include, for example, cookies that enable you to log into secure areas of our Site and Products.

More information about cookies can be found on allaboutcookies.org.

13.3 How cookies make our websites safer and easier to use

Cookies are used for a variety of reasons, such as to improve the functionality and performance of this Site and Products.

When we include links to third party websites, please bear in mind they will have their own privacy and cookie policies that will govern the use of any information you submit. We recommend you read their policies as we are not responsible or liable for any third party’s privacy practices.

13.4 How you can manage your cookies

The browsers of most computers, smartphones and other web-enabled devices are typically set up to accept cookies. If you wish to amend your cookie preferences for this Site and Products or any other websites, you can do this through your browser settings. Your browser’s ‘help’ function will tell you how to do this.

However, please remember that cookies are often used to enable and improve certain functions on our Site and Products. If you choose to switch certain cookies off, it is likely to affect how our Site and Products work and you may not be able to access all or parts of the Site and Products.

For more information about how to disable cookies, visit allaboutcookies.org.

14. Governing Law and Jurisdiction

14.1 This Agreement is governed by the laws of the Republic of Seychelles.

14.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of the Republic of Seychelles.

For more information, please email: [email protected].