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Privacy Policy

Privacy Policy

Last modified: 01.08.2022

Introduction

This Privacy Policy outlines Magic Square Int Ltd’s (“we”, “our” or “the Company“) practices with respect to information collected from users who access Magic Square’s website at https://magicsquare.io/ (the “Site“), register to or use any of the Services (as defined in our Terms of Use), or communicate with us in any other way (collectively: “Users“).

We encourage Users to carefully read the Privacy Policy and use it to make informed decisions. The Privacy Policy should be read alongside our Terms of Use, including with regard to the definitions set therein.

In this Privacy Policy you can read about:

What type of information we collect
Legal basis for processing
How we receive information
How we use and with whom we share the information
User rights
For how long we retain the information
How we safeguard the information
How to contact us

What Information we collect?

We collect two types of data and information from Users who access the Services.

The first type of information is non-identifiable information pertaining to a User(s), which may be made available or gathered via your access to the Services (“Non-personal Information”). We are not aware of the identity of a User from which the Non-Personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. browser type, language preference, access time, etc.) which may be collected in order to enhance the functionality of the Services. We may also collect such information on your activity on the Services (e.g. clicks, actions, etc.) as required to provide them.

The second type of information is individually identifiable information, namely information that identifies an individual or which may, with reasonable effort, identify an individual (“Personal Information”). Such information includes:

Contact information and any Magic Square account (including any account as part of Magic Affiliates network) information: When you register to the Services, or access the Services, or contact us for any other purpose, you may be asked to provide us or our trusted third party service providers with your full name, Magic Square account username, Magic Square password, email address, or phone number.
Information related to sale or delivery of cryptographic tokens: When you contact us for the purpose of participating in a sale of any cryptographic tokens, or for the purpose of purchasing or receiving of such cryptographic tokens, you may also be asked to provide us or our trusted third party service providers with your digital wallet address, full home address (country, state/province, zip code, city, street, house number), gender, date of birth, formal identification information (such as government issued identity documents, e.g. among others national identity card, Passport or passport number, driver’s license, visa, or details of any of the aforementioned documents, or any other information we, in our sole discretion, may find required), images of identification documents, images of proof-of-residence (utility bills, bank/credit card statements, government-issued letters), images of yourself (selfie photos), as well as any other information we, in our sole discretion, deem necessary for our compliance with any legal or regulatory obligations, including among others any anti-money laundering (AML) or combating the financing of terrorism (CTF) laws or regulations or securities laws or regulations, Know Your Customer (KYC) or customer due diligence (CDD) or any reporting or record keeping requirements (e.g., among others, contents of KYC questionnaire and responses thereto, employment status, profession and job title or position, field of activity of employing company or own business, name of employing company or own business, URL to the website of employing company or own business, signature sample, ultimate beneficiary of purchased cryptographic tokens, etc.), or any transaction documents related to any cryptographic token delivery, including verification of qualified or accredited investor status or any other status (including, among others, proving that you do not come from a specific country which may currently, or in the future, be restricted by the Company at Company’s sole discretion) under any applicable laws or regulations or under securities laws or regulations in any jurisdiction, as well as any other information you agreed to share with us or with our third party service providers.
Device information: We may also collect pseudonymized (which cannot directly identify you) Personal Information from your device. Such information includes IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity through the Services.
Communication information: We may collect and keep information from your communications with us.
Voluntary information which is collected from time to time (for example, through surveys) to enable us to improve our services or consider the wider needs of our users or potential users, or voluntary information that might be collected from you upon request and subject to your specific consent, for the purpose of provision of any of the Services to you.

If we associate Non-Personal Information with Personal Information, we will treat such information as Personal Information.

Information from Other Sources

We are working closely with third parties (including, for example, our business partners, sub-contractors, etc.) and may receive information about you from them to the extent permitted by applicable laws. For example, we may receive your data from third party providers who help us with the provision and maintenance of our Services, such as social networks (for example your name and user name, when you register or log-in to our Services), traffic analytics vendors, fraud prevention agencies and others. In particular, digital wallets and their providers may provide us with your digital wallet address and certain other information you choose to share with digital wallets or their providers. We may also receive your data from third party providers, which may conduct KYC, or CDD, or any other screening or AML or CTF-related procedures on our behalf. We may combine this information with the information we have already collected from you via the Service in order to provide you with, and to and improve, our Service.

Legal Bases for Processing

The legal bases for processing depend on the Services you use and how you use them. This means we collect or process your Personal Information only where:

It is necessary for the performance of our contractual obligations towards you and providing you with our Services.
Subject to your consent.
When we need to process your data to comply with a legal obligation to which we are subject.
To protect and accomplish our legitimate interests and to comply with our legal obligations.

How is The Information Used? With Whom Do We Share The Information?

We do not rent, sell, or share Users’ information with third parties except as described in this Privacy Policy.

We may use the information for the following:

Providing the Services.
Communicating with you – If you have contacted us, for any reason, we will use your information in order to further communicate with you and handle issues raised by you.
Conducting statistical and analytical purposes, intended to improve the Services. Providing you with the Services.
Ensuring compliance with our terms, policies and applicable laws and regulations.

In addition to the different uses listed above, we may transfer or disclose Personal Information to our subsidiaries, affiliated companies, digital wallets or their providers, and subcontractors.

In addition to the purposes listed in this Privacy Policy, we may share Personal Information with our trusted third party providers and business partners (including, but not limited to, any affiliates or advertisers which are part of the Magic Affiliates network), who may be located in different jurisdictions across the world, for any of the following purposes:

Providing you with the Services, including providing a personalized display of our Site;
Storing and processing such information on our behalf;
Performing research, technical diagnostics or analytics;
Conducting KYC, or CDD or any other screening or AML or CTF-related procedures;
Other identification and verification purposes;
Marketing purposes.

We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable laws, regulations, legal process or governmental request; (ii) enforce our policies, including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies or in case we find it necessary in order to enforce intellectual property or other legal rights.

In any case we will conclude that disclosure of Personal Information is necessary, we will only disclose that portion of the Personal Information that is required in order to satisfy the basis for disclosure. We will share the Personal Information under appropriate safeguards.

User Rights

This section addresses the specific rights applying to residents of the EU or residents of other jurisdictions that grant the below rights.

Depending on your jurisdiction, you may request to:

Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information.
Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format.
Request rectification of your personal information that is in our control.
Request erasure of your personal information.
Object to the processing of personal information by us.
Request to restrict processing of your personal information by us.
Lodge a complaint with a supervisory authority.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements under applicable laws.

If you wish to exercise any of the aforementioned rights, or receive more information, please contact us at .

We will make an effort to reply within a reasonable timeframe. Please feel free to reach out to us at any time. If you are unsatisfied with our response, you can lodge a complaint with the applicable data protection supervisory authority.

Retention

We will retain your personal information for as long as necessary to provide the Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. We may keep records containing user Personal Information, account opening documents, communications and anything else, if and as, required by applicable laws or regulations.

Third Party Collection of Information

Our policy only addresses the use and disclosure of information we collect from you. To the extent you disclose your information to other parties or sites throughout the internet (including through our Site) or on other networks or platforms, different rules may apply to their use of the information you disclose to them, as determined by such third parties and applicable laws or regulations governing their processing. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to.

This Privacy Policy does not apply to the practices of companies including but not limited to those of digital wallets or their providers that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties which we may disclose information as set forth in this Privacy Policy.

How Do We Safeguard Your Information?

We take great care in implementing and maintaining the security of the Site and your information. We employ industry standard procedures and policies to ensure the safety of the information we collect and retain, and prevent unauthorized use of any such information, and we require any third party to comply with similar security requirements, in accordance with this Privacy Policy. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse the Services, and we make no warranty, express, implied or otherwise, that we will prevent such access.

Transfer of Data Outside the European Economic Area (“EEA”)

Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.

Cookies and Tracking Technologies

When you visit or access our Site we use (and authorize 3rd parties to use) pixels, cookies, events and other technologies (collectively, “Tracking Technologies“). Those allow us to automatically collect information about you, your device and your online behavior, in order to enhance your navigation in our Site, improve our Site’s performance, perform analytics and customize your experience. In addition, we may merge data we have with data collected through these tracking technologies and data we may obtain from other sources and, as a result, such data may become Personal Information.

We also use a tool called “Google Analytics” to collect information about your use of the Site. Google Analytics collects information such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Site and services. Google Analytics collects the IP address assigned to you on the date you visit Site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

How to manage your cookie settings – there are various ways in which you can manage and control your cookie settings. Please remember that, by deleting or blocking cookies, some of the features of the Services may not work properly or as effectively:

Google Chrome
Internet Explorer
Mozilla Firefox
Safari (Desktop)
Safari (Mobile)
Android Browser

For other browsers, please consult the documentation that your browser manufacturer provides.

Turning off third party cookies – you can turn off certain third party targeting and advertising cookies by visiting the Network Advertising Initiative opt-out webpage.

Other helpful resources – to learn more about advertisers’ use of cookies the following links may be helpful:

European Interactive Digital Advertising Alliance (EU)
Internet Advertising Bureau (US)
Internet Advertising Bureau (EU)

Corporate Transaction

We may share information in the event of a corporate transaction (e.g. sale of a part or the whole of our business, or a merger, consolidation or asset sale). In the event of the above, the transferee or acquiring company will assume the rights and obligations as described in this Privacy Policy.

Minors

The Services are intended to the use of individuals over the age of majority in the territory they reside in and in the territory of their citizenship, and in any case is not intended to the use of individuals under the age of 18 (“age of majority“). In the event that we become aware that a user under the age of majority has shared any information, we will discard such information. If you have any reason to believe that an individual under the age of majority has shared any information with us, please contact us at: .

Updates or Amendments to This Privacy Policy

We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the “Last modified” section. Your continued use of the Services, following the notification of such amendments on our Site, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.

Controlling Version

This Privacy Policy has been drafted in the English language, which is the original and controlling version of this Privacy Policy. To the extent translated, all translations of this Privacy Policy into other languages shall be solely for convenience and shall not control the meaning or application of this Privacy Policy. In the event of any discrepancy between the meanings of any translated versions of the Privacy Policy and the English language version, the meaning of the English language version shall prevail.

How to Contact Us

If you have any questions about the Services or the information we collect about you and how we use it, you can contact us at .

Terms of Use

Terms of Use

Last modified: 12 December 2021

Welcome to Magic Square!

The Services (as defined below) are provided to you by Magic Square Int Ltd (“Company“) through its website located at www.magicsquare.io (“Website“). These Terms of Use govern your use of the Services.

Please carefully read these terms of use (“Terms“) as well as our privacy policy, which we may update from time to time, a current version of which is available here (“Privacy Policy“).

By accessing the Services, you agree to the Terms, Privacy Policy and Risk Disclaimer located here. “User” means a user of the Services. If you do not agree to the Terms and Privacy Policy, you should stop using the Services immediately and not use or review any of the information that is provided through the Services.

We may revise the Terms at any time without notice by updating this Website. All updates to the Terms will be posted on this page. You are bound by any revisions or updates. You should periodically visit these Terms to review the current terms that apply to your use of the Services. Any use of the Services by you after our publication of any such changes shall constitute your acceptance of these Terms as modified. We may, at our sole discretion and at any time, discontinue providing the Services or any part thereof without notice.

Use of the Services

The Company is providing you with certain information with regards to the Magic Square project and use of the Services, which may be launched in the future, and any decision concerning the possible launch of which is in the Company’s sole discretion.

The “Services” include the Website, as well as any service, content or material provided through or related to the Website, and any service or material provided to the User by the Company.

The Services are not, nor should they be considered as the provision of investment advice, portfolio management, financial advice or any other financial service, or investment services or activities, or ancillary services under any applicable law.

Use of and access to the Services is void where prohibited by law.

The use and access to the Services is specifically prohibited for citizens, nationals, residents (tax or otherwise), or any person, legal or natural, organized in, or national card holders of each of, among others: (i) China, Ecuador, Egypt, North Macedonia, Nepal, Morocco, Canada, United States of America (USA); or (ii) a country or territory that is the subject of country wide or territory wide sanctions, embargoes, or other restrictive measures administered or enforced by any country or government or inter-governmental organization; (iii) any other jurisdiction which prohibits the possession, dissemination or communication of the Available Information or prohibits participation in the Collectibles or receipt of Collectibles or any such similar activity (collectively, the “Restricted Jurisdictions“) or any other Restricted Persons are not permitted to use or access the Services. The term “Restricted Persons” refers to any person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state or any other incorporated or unincorporated body or association, association or partnership (whether or not having separate legal personality) that is established or lawfully existing under the laws of a Restricted Jurisdiction.

By using the Services, you represent and warrant that you have reached the age of majority both in the territory you reside in and in the territory of your citizenship, and in addition that you have reached the age of 18, and that your use of the Services does not violate any applicable law or regulation or any obligation.

Links

Portions of the Website involve linking to websites belonging to third parties. During the use of the Services you may also be provided with links to access the websites of third party service providers. We have no control over third party sites, and all use of third party sites is at your own risk. Additionally, Company cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Company is not responsible for content available by means of such sites. Company does not endorse any products offered by third parties and we urge our users to exercise caution in using any third party sites.

Intellectual Property

Company owns (or has valid authorizations or licenses required for) the Website, as well as the materials provided through the Services, including all worldwide intellectual property rights in the Website, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services or any content appearing on the Website. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Website. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Company or any third party.

You may not or attempt to: (i) decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; (ii) circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content; (iii) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; or (iv) harvest, collect or mine information about Users of the Services.

User Content

You hereby represent that with respect to any content you may upload to the Website, including without limitation, any text, photo, or other material (“User Content“) that: (i) you own or have the right to post such User Content; and (ii) such User Content, or its use by the Company as contemplated by these Terms does not violate any agreement or any other rights set forth in these Terms, applicable law, or the intellectual property, publicity, personality, or other third party rights.

In addition, you undertake that any such User Content will not consist of: (i) false, misleading information and/or misappropriation of any information; (ii) obscene, offensive, profane, unlawful content or any content which, subject to Company’s sole discretion, may harm or risk the Company’s good name and reputation; (iii) infringe the rights of others; (iv) any action that is otherwise prohibited by any applicable laws, regulations or directives; or (v) statements about the Company or any other website connected to the Company that are untrue, malicious or damaging to the Company.

The Company assumes no responsibility in connection with any User Content, nor does it endorse or claim authenticity of any User Content that may be uploaded or used through any third party links on the Website. The Company, in its sole discretion, has the right to remove any User Content on the Website and take any further action which the Company deems necessary. This does not relieve you of your responsibility of adhering to any of the above prohibitions.

You consent to our providing the User Content to third party service providers in connection with the Services.

No Warranty

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE COMPANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE). INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (WHETHER UNDER APPLICABLE LAW OR OTHERWISE).

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR ACCESS TO THE SERVICES WILL BE ACCURATE, FREE OF ERROR, COMPLETE, UNINTERRUPTED, CONTINUOUS, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES AND BUGS. THE COMPANY MAKES NO REPRESENTATION CONCERNING THE FULL OR PARTIAL FUNCTIONALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT, INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS; OR ANY LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES. IN THE EVENT OF ANY COMPLAINT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVICES.

YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.

YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SERVICES.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE COMPANY SERVICES OR THESE TERMS OF USE, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

Indemnification

You hereby agree to indemnify and hold the Company, its officers, directors, employees, or agents harmless for any claims, matters, complaints, costs, liabilities and actions arising out of your use of the Services, including but not limited to: (i) your failure to comply with applicable laws; (ii) any claim of infringement or misappropriation of any third party rights, including but not limited to any privacy rights or intellectual property rights in the Services; (iii) your breach of these Terms; or (iv) your use or misuse of the Services. You agree to promptly notify the Company of any third party claims and fully cooperate with the Company in defending such claims at your sole expense. You further agree that, at Company’s sole discretion, Company shall have control of the defense or settlement of any such claims

Miscellaneous

These Terms shall be governed by and interpreted in accordance with the law of British Verging Islands exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms shall be brought exclusively in the courts of Road Town British Verging Islands and you irrevocably consent to their jurisdiction. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining provisions of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Company or authorizes you to act on behalf of Company. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment shall be null and void. Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Any translation of these Terms of Use is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language and in the event of a dispute, the English language version shall prevail. Any translation provided may not accurately represent the information in the original English language version of these Terms.

How to Contact us?

The best way to get in touch with is to contact us at: . We’d love to hear your questions, concerns, feedback, or complaints about our Services. When contacting us we request that you include identifying information such as your name and email address, and the issue for which you have feedback, questions, or complaints, so we can address your matter appropriately.