Privacy and Legal
Herity Network
PRIVACY NOTICE
HERITY NETWORK
The following Privacy Notice was designed
for Herity Network and it will be reviewed and updated periodically
according to all applicable laws and
regulations.
The purpose of this Privacy Notice is to
easily inform you about:
0. The definitions of the terms provided by
the GDPR.
1. Who is Herity Network
2. Where can you find us and how can you
contact us
3. What personal data Herity Network may
process about you, how your personal data are processed by Herity Network, the
purpose, legal basis and period of the processing
4. The disclosure of your personal data to
third parties
5. Which are your rights and how can you
effectively exercise them
6. Children’s personal data – we do not process
data for children under 16 years old
7. What security precautions does Herity
Network have in place to protect your personal data
8. Links to other websites
9. Updates to the privacy policy
10. Information concerning Data Protection
Supervisory Authority
0. Definitions according to the GDPR
NSAPDP represents The National Supervisory
Authority for Personal Data Processing, the Romanian
independent public authority responsible
for the compliance with the protection of personal data
requirements;
Personal data represents any information
relating to an identified or identifiable natural person (‘data subject’); an
identifiable natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an
identification number, location data, an online identifier or to one or more
factors specific to the physical, physiological, genetic, mental, economic,
cultural or social identity of that natural person;
Processing represents any operation or set
of operations which is performed on personal data or on sets of personal data,
whether or not by automated means, such as collection, recording, organization,
structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making
available, alignment or combination, restriction, erasure or destruction;
Restriction of processing represents the
marking of stored personal data with the aim of limiting their processing in
the future;
Controller represents the natural or legal
person, public authority, agency or other body which, alone or jointly with
others, determines the purposes and means of the processing of personal data;
where the purposes and means of such processing are determined by the European
Union or Member State law, the controller or the specific criteria for its
nomination may be provided for by Union or Member State law;
Processor represents a natural or legal
person, public authority, agency or other body which processes personal data on
behalf of the controller;
Recipient represents a natural or legal
person, public authority, agency or another body, to which the
personal data are disclosed, whether it is
a third party or not. However, public authorities which may
receive personal data in the framework of a
particular inquiry in accordance with the European Union or Member State law
shall not be regarded as recipients; the processing of those data by those
public authorities shall be in compliance with the applicable data protection
rules according to the purposes of the processing;
Third party a natural or legal person,
public authority, agency or body other than the data subject,
controller, processor and persons who,
under the direct authority of the controller or processor, are
authorized to process personal data;
Data Breach represents a breach of security
leading to the accidental or unlawful destruction, loss,
alteration, unauthorized disclosure of, or
access to, personal data. This means that a breach is more than just losing
personal data.
1. Who is Herity Network
Herity Network is the owner and
administrator of the website herity.io and associated platforms: staking
platform, seed financing platform and NFT Marketplace.
According to the GDPR regulation,
considering the personal data processed by our platforms, we (Herity Network)
are considered data controller and our visitors and users are considered data
subjects.
Herity Network observes the confidentiality
and security of the personal data constantly ensuring that all personal data
are processed only for specific, explicit and legal purposes, according with
the principles and provisions of the GDPR.
2. Where can you find us and how you can
contact us
With respect to any information regarding
the personal data we process you e-mail us at info@herity.io
3. What personal data Herity Network may
process about you, how your personal data are processed by
Herity Network, the purpose, legal basis
and the period of the processing
In general, we collect personal data directly
from you in view of ensuring your control over the type of information you
provide to us.
Please bear in mind that personal data is
considered any data that could directly or indirectly identify you, as a
person. Although a personal data such as your YouTube video preferences
collected through our cookies is not considered, per se, a personal data
because it could not lead to your identification. For example, such data, only
combined with other data (for example any data that you provide to us on social
media, YouTube channel, etc) could eventually identify you.
Even so, you have nothing to worry about as
we have in place all the security measures to protect any personal data that we
collet through our website, described in section 7 below.
To easily identify the personal data we
process, we have combined them in several categories according to the purpose
of processing.
Herity Network processes the users’
personal data who visit the Platforms, as follows:
CATEGORY 1 – USING OUR WEBSITE AND ABOVE
MENTIONED PLATFORMS
Personal data – YouTube video preferences,
ads that raised your interest, any other preferences revealed by cookies
existing on our website;
For more information regarding the
implemented Cookies please visit our Cookie Policy where you can find a link to
the Privacy Policy of the cookie’s provider.
The purpose of processing – the personal
data are processed for the purpose of providing you with
personalised and tailored content based on
the data that our cookies collected from you;
The legal Basis – art. 6 para. 1 letter a)
of the GDPR Regulation, which allows us to process personal data based on your
consent given to us.
The collection method - directly from you,
when you access and use our website and platforms;
The retention period – as a rule we try to
keep less data as possible.
The personal data that we collect through
our cookies are kept in accordance with our Cookie Policy.
CATEGORY 2 – SOCIAL MEDIA PLATFORMS
Personal data – related to each user, such
as: user’s social media accounts; any other information users decide to provide
us with when they contact us on the social media platforms; any other
information users decide to provide us with when they contact us by e-mail;
comments and/or posts on our profiles;
Given that the internet is not a safe
space, please do not send us or limit, as much as possible, the personal data
communicated through social platforms or e-mail.
The purpose of processing – the personal
data mentioned above are processed for customer support
purposes;
The legal Basis: Art. 6 para. 1 letter b)
of the GDPR Regulation, which allows us to process personal data when
necessary, for performance of a contract or for the steps prior to its
conclusion;
The collection method – personal data are
collected directly from users when they decide to contact us;
The retention period: personal data are
stored for the purpose of proving the fulfilment of contractual
obligations between the parties for a
period between 30 days and 1 year, depending on the nature of the request (complaint,
request for guarantee, contractual request, general request, etc.);
Generally, personal data are kept for a
limited period according to the purpose of the processing and the legal
provisions applicable to each category of data.
Herity Network ensures the proper deletion
of personal data when such processing is no longer necessary.
4. The disclosure of your personal to third
parties
Throughout its normal course of business
Herity Network will not disclose or transfer, for direct marketing
purposes, your personal data to third
parties, regardless if such parties are located in Romania, in EU or outside
EU.
Our employees
Herity Network employees having access to
personal data have been trained to observe the security and confidentiality of
the personal data they have access to in performing the business activity.
Herity Network employees’ access to personal data is limited to the information
required in performing their specific tasks.
Suppliers
We perform our daily activities at the
highest standards thus sometimes we chose to cooperate with other companies in
order to facilitate several technical or administrative processes such as:
e-mail hosting services, storing data, sever hosting, legal services etc.
In case we decide to contract third parties
for the supply of specific services, we will ensure that such third party
complies with the provisions of GDPR and we will provide all information
required for the proper performance of their services.
Legal requirements
Your personal data may be communicated to
governmental authorities and/or law enforcement agencies if required by the
applicable law.
5. Which are your rights and how can you
effectively exercise them
Herity Network as data controller, ensures
technical and organizational measures to be sure that your rights (as a data
subject) are observed:
Right of access
You have the right to obtain the
confirmation as to whether or not personal data concerning you are being
processed by us, and, where that is the case, access to your personal data and
information on how they are processed.
Right to data portability
You have the right to receive some of your
personal data, which you have provided to us, in a structured, commonly used
and machine-readable format and you have also the right to transmit those data
to another controller without hindrance from us, where technically feasible.
Right to object
You have the right to object to processing
of your personal data, when processing is necessary for the performance of a
task carried out in the public interest or for the purposes of the legitimate
interests pursued by us. You have the right to object at any time if your
personal data are being processed for direct marketing purposes.
Right to rectification
You have the right to obtain from us
without undue delay the rectification of inaccurate personal data concerning
you. The rectification shall be communicated to each recipient to whom the data
was sent unless this proves impossible or involves disproportionate
(demonstrable) efforts.
Right to erasure (‘right to be forgotten’)
You have the right to obtain from us the
erasure of personal data concerning you without undue delay and we have the
obligation to erase your personal data without undue delay where one of the
following grounds applies: your personal data are no longer necessary in
relation to the purposes for which they were collected or otherwise processed;
you withdraws consent on which the processing is based and there is no other
legal ground for the processing; you objects to the processing and there are no
overriding legitimate grounds for the processing; your personal data have been
unlawfully processed; your personal data have to be erased for compliance with
a legal obligation; your personal data have been collected in relation to the
offer of information society services.
Right to restriction of processing
You have the right to obtain from us
restriction of processing where one of the following applies: you
contest the accuracy of your personal data,
for a period enabling us to verify the accuracy of your personal data; the
processing is unlawful and you oppose the erasure of your personal data and
request the restriction of their use instead; we no longer need your personal
data for the purposes of the processing, but they are required by you for the
establishment, exercise or defence of legal claims; you has objected top
processing pending the verification whether the legitimate grounds of the
controller override those of the data subject.
Right not to be subject to a decision based
solely on automated processing
You have the right not to be subject to a
decision solely based on automated processing, including
profiling, which produces legal effects
concerning the data subject or similarly affects the data subject in a
significant manner. Therefore, we hereby
state that Herity Network does not use applications, algorithms,
artificialintelligence or automatic process to make automatic decisions
(without human intervention) that produces legal effects.
The exercising of the above rights may be
performed at any time. For using these rights we encourage you to submit your
written request (together with your contact details) in electronic format by
mail at
info@herity.io
To exercise your rights listed above you
can send us your request (accompanied by your contact
details) electronically to the e-mail
address info@herity.io
6. Children’s personal data
Herity Network does not collect any
Personal Data from children under the age of 16.
So, if you are under 16 please do not
submit to us any Personal Data.
7. What security precautions does Herity
Network takes to protect your personal data
We have assumed the responsibility to
implement proper technical and organizational measures regarding the protection
of privacy and security of your personal data. We have taken all reasonable
measures to protect your Personal Data from damage, loss, misuse, unauthorized
access, alteration,destruction, or disclosure, as following:
a. People who have access to our filing
system are only those nominated by Herity Network. To accesses the
system, they use individual accounts and
passwords which are changed periodically.
b. All our employees, collaborators and
service providers who are in contact with personal data must act in accordance
with the principles and policies regarding to the processing of personal data.
They
were informed and they have assumed to
respect of the GDPR by signing the Data Processing
Agreements or as an effect of the law.
c. our employees and collaborators access personal
data for the performance of their professional
duties and only in accordance with the
stated purpose of data collection.
d. Computers from which the filing system
is accessed are password-protected and have antivirus,
anti spam and firewall security updates.
e. Personal data is printed only by
authorized users, if it is necessary to perform our activity or to fulfil our
legal obligations.
Please also select carefully what personal
data do you choose to submit thinking that the internet or emails are not
impenetrable spaces, and a technical error can cause an unhappy event anytime
with respect to your personal data.
8. Links to other websites
On our website you may find links to other
organizations. This Privacy Notice do not cover the personal data processed by
them.
If you decide to access other
organization’s links, we encourage you to carefully read their Privacy Notices
which should be found on their websites. In general, the Privacy Notice may be
accessed on the bottom section of the website.
9. Updates to the Privacy Policy
Believing that we are constantly developing
our services, we are confident that our platform may soon have new functions,
so our Privacy Notice will be updated accordingly.
In order to keep you informed, we always
publish the latest version of the Privacy Notice on our website, without any
specific notice in this respect.
We assure you that the way we collect and
process your personal data is in accordance with the provisions of the GDPR
Regulation.
We encourage you to constantly review this
Privacy Policy in order to be constantly informed with respect to the
categories, purposes and manners Herity Network processes your personal data.
If you have any questions about our Privacy
Policy, please contact to us at: info@herity.io
10. Information concerning Data Protection
Supervisory Authority
If you consider that your rights provided
by Regulation no. 679/2016 have been violated, you can address directly to us
or to our Data Protection Supervisory Authority: National Authority for the
Supervision of the Processing of Personal Data (Autoritatea Naţională de
Supraveghere a Prelucrării Datelor cu Caracter Personal) ”ANSPDC” by submitting
a complaint.
Contact details of the authority:
Link for compliances:
https://www.dataprotection.ro/?page=Plangeri_pagina_principala
Contact link:
https://www.dataprotection.ro/?page=contact&lang=ro
Website: https://www.dataprotection.ro/
Address: B-dul G-ral. Gheorghe Magheru
28-30, Sector 1, cod postal 010336, Bucuresti, Romania
LEGAL OPINION AND
DISCLAIMER
Herity Network, its
Website and the Herity Network token (HER) are provided on an "as
is'' basis without warranties of any kind, either express or implied. Herity
Network disclaims all warranties, express or implied, including, without
limitation, implied war-ranties of merchantability, fitness for a particular
purpose, title and non-infringement with respect to the services. Herity
Network does not represent or warrant that the services and the information
contained therein are accurate, complete, reliable, current or error free.
Herity Network Does Not
Provide Investment Advice.
This document does not
advise on the merits of any particular transactions or any taxation
consequences. By entering into any transaction on the Platform, the User
represents that he/she has been, are, and will be solely responsible for making
their own independent appraisal and investigations of the risks of the
transaction.
The User represents that
he/she has sufficient knowledge, market sophistication, professional advice and
experience to make their own evaluation of the merits and risks of any
transaction. Herity Network gives no representation, warranty, or guarantee as
to the accuracy or completeness of any such information or as to the tax consequences
of any transaction. The User is solely responsible for any applicable taxes
imposed on the Herity Network token (HER) purchased hereunder. Any trading
recommendations, market commentary, or any other information provided by Herity
Network or its representatives, are incidental to the User's relationship with
Herity Network and impose no obligation of truth or due diligence on behalf of
or its representatives.
Herity Network Does Not
Provide an Investment Offer.
This document or any
other documentation available on the Herity Network website does not constitute
an offer or solicitation to buy or subscribe to debentures, stocks or shares
issued by any person or entity; rights, options or derivatives with respect to
such debentures, stocks or shares; rights under a contract for differences or
under any other contract the purpose or pretended purpose of which is to secure
a profit or avoid a loss; units in a collective investment scheme; units in a
business trust; derivatives of units in a business trust; or any other security
or class of securities, and shall not be interpreted in that way. No data
presented is deemed to be a basis for any investment decision. The Herity
Network team makes no guarantee on the increase of demand, value or any other
financial benefit of the Herity Network token (HER). Herity Network offering
does not constitute an opportunity to obtain a future profit and shall not be
bought with an expectation of profit from the efforts of others. Herity Network
does not provide the User with any intellectual property rights, or any voting
or governance rights or any other right to influence the development or
operation of Herity Network, and does not represent any ownership right of
Herity Network.
Herity Network does not
constitute a Financial Institution.
Herity Network and/or
the Platform development team or any of its Affiliates are not a financial
institution and currently not under supervision of any financial supervisory
authority. Herity Network does not provide any licensed financial services,
such as investment services, fund management or investment advice unless with a
future regulated fund vehicle. This vehicle does not address the public but
might only address institutional investors. The Token Generation Event is not a
public offering of equity or debt and consequently does not fall under the
securities or any prospectus regulation. None of the information or analyses
presented are intended to form the basis for any investment decision, and no
specific recommendations are intended, and the Website is not and does not
offer and shall not be construed as an investment or financial product. Risks:
The User understands and acknowledges that the Herity Network token (HER),
Blockchain based technologies, Binance Smart Chain, and other associated and
related technologies are not exclusively controlled by Herity Network and
adverse changes in market forces or the technology, broadly construed, may
prevent or compromise the herity.io platform performance under White Paper and/
or the other Accompanying Documents. The purchase of the Herity Network token
(HER) carries with it a number of risks. Prior to purchasing the Herity token
(HER), the User should carefully consider the risks listed herein. If any of
the following risks are unacceptable to the User, he/she should not purchase
the Herity Network token (HER). By purchasing the Herity Network token (HER),
and to the extent permitted by applicable law, the User is agreeing not to hold
Herity Network or any affiliates liable for any losses or any special,
incidental, or consequential damages arising from, or in any way connected, to
the sale of the Herity Network token (HER), including losses associated with
the risks set forth herein. By using the Platform, the user represents/warrants
and accepts that:
a. It is possible that
due to a number of reasons outside of the Herity Network 's control, including
but not limited to, changes in regulatory or intellectual property law,
technological advancements, decreases in token or cryptocurrency utility,
social or economic reforms, the failure of commercial relationships, or the
malfunction, breakdown or abandonment of the Binance Smart Chain Protocol, the
Herity Token token (HER), Blockchain based technology, Binance Smart Chain and
other related technologies may dissolve, disappear, be abandoned or otherwise
no longer operate, or operate with material impairments.
b. Any cryptocurrency
that possesses value in public markets, such as BNB, have demonstrated extreme
fluctuations in price over short periods of time on a regular basis. A
purchaser of the Herity Network token (HER) should be prepared to expect
similar fluctuations, both down and up, at the price of the Herity Network
token (HER) denominated in respective cryptocurrency (BNB). Such fluctuations
are due to market forces and represent changes in the balance of supply and
demand. Herity Network cannot and does not guarantee market liquidity of the
Herity Netwok token (HER).
c. Herity Network and
any of its Affiliates shall not be held liable to and shall not accept any
liability, obligation or responsibility whatsoever for any change of the value
of the Herity Network token (HER) or cryptocurrency. By purchasing the Herity
Network token (HER), the user expressly acknowledges and represents that he/she
fully understand that they may experience volatility in pricing and will not
seek to hold Herity Network liable for any losses or any special, incidental,
or consequential damages arising from, or in any way connected to, the sale of
the Herity Network token (HER).
d. Should the User
proceed to purchase any Herity Network token (HER) and the product fails to be
suitable for the special or particular purpose as intended by the User, Herity
Network or its affiliates will not be liable to the User for such unsuitability
(including but not limited to accepting the return of, or refunding to the User
the purchase price of the respective Herity Network token (HER).
e. It is possible that
the platform will not be used by a large number of individuals, and other
entities and that there will be limited public interest in the mentioned
project and dissemination of equity. Such a lack of interest could impact
further development of the platform and potential use of it. Therefore, the
success of the mentioned project cannot be predicted.
f. The User recognizes
that the Platform is currently under development and may undergo particular
changes in the future. The User acknowledges that any expectations regarding
the form and functionality of the Platform held by the User may not be met upon
release of the mentioned project, for any number of reasons, including a change
in the design and implementation plans and execution of the implementation of
the Platform.
g. It is possible that
after the Token Generation Event threshold is met, and stages of sale are
launched, and if the insufficient funds will not be feasible for developing the
Platform, possibly causing the effect that the Users may not be able to
participate in any intended or implied projects. Herity Network shall not
provide to the User any refund possibility (payout liquidity cryptocurrency
and/or fiat) for the purchased Herity Network token (HER).
h. To the maximum extent
permitted by the applicable Law, Herity Network or its Affiliates do not accept
any liability for any damage or loss, including loss of business, revenue, or
profits, or loss of or damage to data, equipment, or software (direct,
indirect, punitive, actual, consequential, incidental, special, exemplary or
otherwise), resulting from any use of, or inability to use, this Website or the
material, information, software, facilities, services or content on this
website, from the buying of the Herity Network token (HER), its value loss or
project failure, nor their use by the User, regardless of the basis, upon which
the liability is claimed.
i. Herity Network shall
not be liable for uninterrupted availability of the Website at all times, in
all countries and/or all geographic locations, or at any given time.
j. There may be
additional risks that cannot be anticipated or foreseen due to the incipience
of cryptographic token technology, Blockchain-based technology, Binance Smart
Chain and related technologies, Performance of the Services: Herity Network
development team does not support any unfair or fraudulent practices. However,
there are some risks associated with the cryptocurrency and digital tokens
market, the User understands and accepts that while the Platform development
team will make reasonable efforts to maintain the mentioned project, Herity Network
or its Affiliates make no representations or warranties, whether express or
implied, and assume no liability or responsibility for the proper performance
of any services, online cryptocurrency services, assets or platforms and/or the
information, images or audio contained or related to the Website. Herity
Network will take reasonable steps to exclude any viruses or defects from the
Website, but cannot guarantee or warrant that any material available for
downloading from the Website will be free from infection, viruses and/or other
code that has contaminating or destructive properties, defects will be
corrected and accordingly no liability is accepted for defects and viruses.
Herity Network is not responsible for the proper and/or complete transmission
of the information contained in any electronic communication or of the
electronic communication itself, nor for any delay in its delivery or receipt.
Security measures have been implemented to ensure the safety and integrity of
any of the services related to the Token Generation Event. However, despite
this, information that is transmitted over the Internet or Blockchain may be
susceptible to unlawful access and monitoring. Jurisdictions: The marketing and
sale of the Herity Network token (HER) are being made in the permitted
jurisdictions on the basis that the Herity Network token (HER) do not
constitute a security, financial instrument or otherwise regulated investment
in those jurisdictions, such that the prospectus or other disclosure
requirements and other investor safeguards that would apply to a securities
offering will not apply to the issuance and sale of the Herity Network token
(HER) in the permitted jurisdictions. In addition, the Herity Network token
(HER) are not regulated in the permitted jurisdictions and are not required to
be registered with, or licensed or authorized by, relevant authorities in the
permitted jurisdictions. If applicable law does not allow all or any part of
the above limitation of liability to apply to you, the limitations will apply
to the User only to the extent permitted by applicable law. The user
understands and agrees that it is the User's obligation to ensure compliance
with any legislation relevant to your country of domicile concerning use of the
website, and that the User should not accept any liability for any illegal or
unauthorized use of the website. Herity Network should not accept any liability
for any illegal or unauthorized use of this Website and use and buying of the
Herity Network token (HER).
k. Herity Network shall
not be liable for any actions taken by the seed financing projects’teams. They
are fully responsible to fulfill the legal obligations and the provisions of
all there public communications (including but not limited to their websites,
social media etc.).
Specific Worldwide
Regulation.
Certain jurisdictions
restrict or have specific regulation concerning the offer, sale and/or purchase
of cryptocurrencies and/or tokens through the Token Sale. The Herity Network
token (HER) shall not be marketed, offered, or sold to the residents of the
People's Republic of China (excluding the special administrative regions of
Hong Kong and Macau, and Taiwan), North Korea, Puerto Rico, and/ or any
jurisdiction where token sales might not be allowed, Specific Worldwide
Regulation, Certain jurisdictions restrict or have specific regulation
concerning the offer, sale and/or purchase of cryptocurrencies and/or tokens
through the Token Sale.
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