Privacy Policy

Last Updated: June 28, 2024

Ember LLC (referred to herein as “Ember”, “we”, “our”, or “us”) operates the website located at https://ember.capital/ (the “Website”). We take the protection of your personal data very seriously. We collect and use your personal data in accordance with this privacy policy and in compliance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and any other relevant legislation (together, the “Data Protection Legislation”). This privacy policy (“Privacy Policy”) provides you with information about the collection and use of your personal data when using the Website.

Information Obtained When You Access the Website

When you access the Website, we and our service providers may obtain or request information about you, your computer or mobile device, and your interaction over time with the Website, as described below.

Personal information that is automatically collected:

Device data: Information such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state, or geographic area.
Online activity data: Information such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

Personal information that you may be asked to provide:

Contact and account information: Such as your first and last name, email address, phone number, date of birth, photographic identification, government-issued identification, and other contact details.
Feedback or correspondence: Information you provide when you contact us with questions, feedback, product reviews, or otherwise correspond with us online.
Usage information: Information about how you use the Website and interact with it, including information associated with any content you upload to the Website or otherwise submit to us, and information you provide when you use any interactive features of the Website.
Other information: Any additional information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Personal information that we obtain from third parties:

Cryptocurrency wallets: Where the use of a cryptocurrency wallet is used to access the Website, we may obtain information from the wallet related to your blockchain address and transactions.
Other sources: We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources, and data providers.

Blockchain transaction data: The nature of a public blockchain means that certain information is publicly available, including but not limited to: your wallet address; the address of a sender initiating a transaction; the address of a recipient (whether a wallet address or a smart contract address); the maximum amount of gas fees that the sender is willing to allocate for executing the transaction; the price the sender is willing to pay per unit of gas; the nonce (a sequential number issued by the sender’s address); the cryptographic signature generated using the sender’s private key; the IP address from the requester (visible only to remote procedure call nodes); and any additional data needed for the transaction, such as invoking functions in a smart contract or providing arguments for those functions. When you authorize (i.e., use a crypto wallet to “sign”) a blockchain transaction through the Website, you are authorizing us to collect and use all information associated with that transaction, which we will do in accordance with this Privacy Policy. Note that we are not able to control whether or how third parties use information that is stored on the blockchain, and we expressly disclaim responsibility for any such activities by third parties.

How We Use Your Personal Information

We may collect, store, and use your personal data for purposes including the following:

Performance of a contract:

Administering or managing Ember
Facilitating the continuation or termination of the contractual relationship between you and Ember
Administering and facilitating any transaction between you and Ember

Compliance with applicable legal or regulatory obligations:

Undertaking due diligence including anti-money laundering and counter-terrorist financing checks, including verifying identity and addresses (and, where applicable, in relation to beneficial owners)
Sanctions screening and complying with applicable sanctions and embargo legislation
Complying with requests from regulatory, governmental, tax, and law enforcement authorities
Surveillance and investigation activities
Carrying out audit checks, and instructing our auditors
Maintaining statutory registers
Preventing and detecting fraud

Legitimate interests:

Complying with a legal, tax, accounting, or regulatory obligation to which we or the third party are subject
Assessing and processing requests you make
Investigating any complaints, or pursuing or defending any claims, proceedings, or disputes
Providing you with, and informing you about, products and services
Managing our risk and operations
Complying with audit requirements
Ensuring internal compliance with our policies and procedures
Protecting Ember against fraud, breach of confidence, or theft of proprietary materials
Seeking professional advice, including legal advice
Facilitating business asset transactions involving Ember or related entities
Monitoring communications to/from us (where permitted by law)
Protecting the security and integrity of our IT systems

We will only process your personal data in pursuance of our legitimate interests where we have considered that the processing is necessary and, on balance, our legitimate interests are not overridden by your legitimate interests, rights, or freedoms.

Sharing Your Personal Data

Service providers: We may share your personal information with third-party companies and individuals that provide services on our behalf or help us operate the Website (such as customer support, hosting, analytics, email delivery, marketing, identity verification, and database management services).

Web3 partners: We may share your personal information with our Web3 partners as necessary to provide the Website.

Professional advisors: We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention, and safety: We may share your personal information for the compliance, fraud prevention, and safety purposes described above.

Business transfers: We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy or dissolution.

Sending Your Personal Data Internationally

Due to the international nature of our business, your personal data may be transferred to jurisdictions that do not offer equivalent protection of personal data as under the Data Protection Legislation. In such cases, we will process personal data or procure that it be processed in accordance with the requirements of the Data Protection Legislation.

Retention and Deletion of Your Personal Data

We will keep your personal data for as long as it is required by us. For example, we may require it for our legitimate business purposes, to perform our contractual obligations, or where law or regulation obliges us to. Some personal data will be retained after your relationship with us ends. We expect to delete your personal data (at the latest) once there is no longer any legal or regulatory requirement or legitimate business purpose for retaining your personal data.

Automated Decision-Making

We will not take decisions producing legal effects concerning you, or otherwise significantly affecting you, based solely on automated processing of your personal data, unless we have considered the proposed processing in a particular case and concluded in writing that it meets the applicable requirements under the Data Protection Legislation.

Your Rights

You have certain data protection rights, including the right to:

Be informed about the purposes for which your personal data are processed
Access your personal data
Stop direct marketing
Restrict the processing of your personal data
Have incomplete or inaccurate personal data corrected
Ask us to stop processing your personal data
Be informed of a personal data breach (unless the breach is unlikely to be prejudicial to you)
Complain to the Data Protection Ombudsman
Require us to delete your personal data in some limited circumstances

Changes

We reserve the right to change this policy from time to time by updating this Privacy Policy on the Website.

Contact Us

We are committed to processing your personal data lawfully and to respecting your data protection rights. Please contact us at info@ember.capital if you have any questions about this notice or the personal data we hold about you.