Privacy Policy

1.Introduction

1.1This privacy policy explains how MOG CAPITAL CORPORATION, a company incorporated in the Republic of Panama (MOG CAPITAL CORPORATION, we, us or our), handles information relating to identified or identifiable individuals in connection with the website, web application and related interface through which Mog Markets is made available (the Interface).

1.2MOG CAPITAL CORPORATION is the person responsible for the handling of information described in this policy. Where the applicable law uses the expression controller, or an equivalent expression, MOG CAPITAL CORPORATION is the controller in respect of that handling.

1.3This policy should be read together with our Terms of Service, which govern access to and use of the Interface. Capitalised expressions used in this policy and not defined in it have the meanings given in the Terms of Service.

1.4The Interface is a means of composing instructions and transmitting them to smart contracts deployed on a public distributed ledger. That structure has a consequence for privacy which you should understand before you use the Interface, and which is explained in clause 4. In short, the record of what you do is public, permanent and outside our control.

2.Scope

2.1This policy applies to the Interface and to our direct dealings with you, including correspondence with us.

2.2This policy does not apply to the distributed ledger on which the Protocol is deployed, to the smart contracts comprising the Protocol, to any digital wallet or wallet software you use, to any node or remote procedure call service you choose to use, to the issuer of the Settlement Asset, to any attestation network or price source, or to any third-party website, platform or service, including any messaging or social platform on which we or others maintain a presence. Each of those is operated by a third party under its own arrangements, and you should review the relevant third party privacy notice.

2.3This policy does not apply to information that does not relate to an identified or identifiable individual, including information relating to a body corporate as such.

3.Information we may handle

3.1What is actually collected depends on how the Interface is configured from time to time, on the technical measures then in operation, and on how you choose to interact with us. This clause 3 therefore describes the categories of information we may handle rather than categories we necessarily handle in every case or at every time.

3.2Wallet and network information. We may handle the public address of a digital wallet you connect to the Interface, together with the internet protocol address from which you access the Interface and the country, region or other coarse location derived from it. A wallet address is not, by itself, information that identifies you by name, but it may become associated with you through your own disclosures or through analysis performed by others, and we treat it as information relating to you where that association exists or can reasonably be made.

3.3Device and technical information. We may handle information about the device and software by which you access the Interface, including browser type and version, operating system and version, device and screen characteristics, language and locale settings, time zone, and the referring page or source from which you arrived.

3.4Usage information. We may handle information about how the Interface is used, including the pages, screens and functions accessed, the actions taken within it, the sequence of those actions, and the date, time and duration of access. Where you compose an instruction, we may handle information about the instruction as composed, which is in any event recorded publicly if it is transmitted.

3.5Screening information. Where a wallet address is screened against sanctions, terrorism financing, proliferation financing or comparable restricted party data, or against risk indicators derived from activity recorded on distributed ledgers, we may handle the address submitted for screening, the result returned, and the records supporting that result.

3.6Correspondence. Where you contact us, or where we contact you, we may handle the name or handle you use, the electronic address or account from which you contact us, the content of the correspondence, and any information you choose to include in it. You should not send us information you do not wish us to hold, and in particular you should never send us a private key, a seed phrase or any other material by which your wallet can be controlled.

3.7Community channel information. Where you engage with us through a third-party messaging or social platform, we may handle the identifier you use on that platform and the content of what you send. That platform handles your information under its own arrangements, over which we have no control.

3.8Information we do not seek. We do not require identity verification in order to access the Interface, and we do not request, and do not intend to handle, identity documents, government identification numbers, national insurance or social security numbers, dates of birth, residential addresses, payment card or bank account details, biometric data, or any information revealing racial or ethnic origin, political opinion, religious or philosophical belief, trade union membership, genetic or health data, sex life or sexual orientation. You should not provide any such information to us. Where you provide it unsolicited we may delete it.

3.9We do not knowingly handle information relating to any individual under the age of eighteen. See clause 13.

4.Information recorded on the distributed ledger

4.1Instructions transmitted through the Interface are recorded on a public distributed ledger. That record typically includes the wallet address, the nature of the instruction, the amounts involved, and the time at which it was recorded. Once recorded, it is publicly visible to anyone, is replicated across every participant in the network, and is permanent.

4.2We do not control that record, we did not create the ledger, and we cannot alter, correct, delete, restrict, anonymise, pseudonymise or render inaccessible anything recorded on it, whether at your request, at the request of any authority, or otherwise. The same is true of every other participant in the network.

4.3It follows that the rights described in clause 11, and in particular any right to erasure, rectification or restriction, cannot extend to information recorded on the distributed ledger. Where you ask us to exercise such a right in respect of that information we will explain that we are unable to do so.

4.4Information recorded on a distributed ledger can be analysed. Third parties, including commercial analytics providers, may connect a wallet address to other addresses, to activity on other services, and in some cases to a named individual, whether by their own analysis or by combining ledger data with information obtained elsewhere. That analysis is performed independently of us and is outside our control. You should assume that the use of a single wallet address across services reduces your privacy, and you should form your own view as to how you manage that.

5.Purposes for which we handle information

5.1We handle information for the following purposes: making the Interface available and operating it, including displaying state and enabling you to compose and transmit instructions; applying access restrictions and screening measures, and determining whether to refuse, suspend, restrict or withdraw access; maintaining the security, availability and integrity of the Interface, and detecting, investigating, preventing and responding to fraud, abuse, unauthorised access, manipulation, exploitation and other conduct prohibited by the Terms of Service; diagnosing and correcting technical faults; understanding how the Interface is used in aggregate and improving it; responding to your correspondence and providing assistance; complying with any legal or regulatory obligation to which we are subject, and responding to any lawful request from a competent authority; and establishing, exercising and defending legal claims and enforcing the Terms of Service.

5.2We do not use information handled under this policy in order to make automated decisions producing legal effects concerning you, save that access to the Interface may be refused, suspended, restricted or withdrawn automatically on the basis of a location indicator or a screening result. The consequence of such a decision is that you are unable to use the Interface. It does not affect any Position, Collateral or Claim recorded on the distributed ledger, as explained in the Terms of Service.

5.3We do not use information handled under this policy for advertising, and we do not build or maintain profiles for advertising purposes.

6.Grounds on which we handle information

6.1Where the applicable law requires us to identify a ground for handling information, we rely on the following: the performance of the agreement between us, being the Terms of Service, and the taking of steps at your request before entering into it; our legitimate interests in operating, securing and improving the Interface, in applying access restrictions and screening measures, in preventing and investigating abuse, and in establishing, exercising and defending legal claims, where those interests are not overridden by your interests and rights; compliance with a legal obligation to which we are subject; and your consent, where we ask for it and you give it, which you may withdraw at any time without affecting anything done before withdrawal.

7.Persons to whom we may disclose information

7.1We may disclose information handled under this policy to the following categories of recipient: providers of hosting, cloud, content delivery, domain and network infrastructure services; providers of analytics and product measurement services; providers of wallet connection services; operators of nodes, remote procedure call services and indexers; providers of sanctions, restricted party and illicit finance screening services; providers of security, monitoring, logging and abuse prevention services; providers of communication, correspondence and support tooling; our professional advisers, including legal, accounting, audit and insurance advisers; our affiliates, where they perform a function described in clause 5; and any competent authority, court or regulator where disclosure is required by law or is necessary in order to establish, exercise or defend a legal claim.

7.2We may also disclose information in connection with any actual or proposed reorganisation, merger, sale, acquisition, financing or transfer of all or part of our business or assets, to the extent necessary for that purpose, and to the transferee, which will then handle it in accordance with this policy or with a policy no less protective.

7.3Where we engage a service provider to handle information on our behalf, we do so on the basis that it acts on our instructions for the purpose for which it is engaged, and we impose obligations of confidentiality and security by contract.

7.4We do not sell information handled under this policy, we do not share it for cross-context behavioural advertising, and we do not disclose it in exchange for money or other valuable consideration.

7.5We may prepare, use and disclose aggregated or otherwise non-identifying information, including statistics about usage of the Interface, for any purpose. Such information does not relate to any identifiable individual and is not subject to this policy.

8.Cookies, local storage and analytics

8.1The Interface uses only cookies and equivalent technologies that are strictly necessary in order to make it work, together with browser local storage used to retain your wallet connection state and interface preferences between sessions so that you are not required to re-establish them each time.

8.2The Interface does not use advertising cookies, cross-site tracking cookies or third-party marketing tags, and we do not permit third parties to place any such technology through the Interface.

8.3Where we measure usage of the Interface, we do so using techniques that do not require a cookie and that do not assign a persistent identifier to an individual browser or device. Because no cookie requiring consent is used, no consent banner is presented. If we later introduce any technology requiring consent, we will present an appropriate consent mechanism before it operates and will update this policy.

8.4You may block or delete cookies and clear local storage using your browser settings. Doing so is likely to impair the operation of the Interface, including by requiring you to reconnect your wallet and by discarding your saved preferences.

9.How long we keep information

9.1We keep information handled under this policy only for as long as is necessary for the purposes described in clause 5, and thereafter for as long as is necessary in order to comply with a legal obligation, to resolve a dispute, or to establish, exercise or defend a legal claim.

9.2In determining that period we have regard to the purpose for which the information was obtained, the sensitivity of the information, the risk of harm from unauthorised use or disclosure, whether the purpose can be achieved by other means, and any applicable legal requirement or limitation period.

9.3When information is no longer required we delete it or render it non-identifying. Information recorded on the distributed ledger is not capable of deletion, as explained in clause 4.

10.Handling of information outside your jurisdiction

10.1We are established in the Republic of Panama, and our service providers are established in a number of jurisdictions. Information handled under this policy may therefore be handled in, and accessed from, jurisdictions other than the one in which you are located, including jurisdictions whose law does not provide protection equivalent to that of your own.

10.2Where we transfer information to a service provider in another jurisdiction we take steps we consider reasonable to require it to handle the information confidentially, securely and only for the purpose for which it is engaged, including by contract. Where the applicable law requires a particular mechanism for such a transfer, we will use a mechanism permitted by that law.

10.3Information recorded on the distributed ledger is replicated globally by participants in the network. That replication is inherent in the technology, is not a transfer arranged by us, and is not within our control.

11.Your rights and how to exercise them

11.1Subject to the applicable law and to clause 4, you may ask us to confirm whether we handle information relating to you and to provide a copy of it; to correct information that is inaccurate or incomplete; to delete information we no longer have a proper basis for holding; to restrict how we handle information while a question about it is resolved; to provide information you gave us in a portable form, or to transmit it to another person, where that is technically feasible; to stop handling information where we rely on our legitimate interests and you object; and to withdraw any consent you have given.

11.2To exercise any of these rights, or to raise any question about this policy, contact us at the privacy address published on the Interface for that purpose. Please describe what you are asking for as clearly as you can, and identify the wallet address, correspondence or period to which your request relates, so that we are able to locate the relevant information.

11.3We will respond within thirty days of receiving your request. Where a request is complex, or where you have made a number of requests, we may need longer, in which case we will tell you within that thirty-day period and explain why.

11.4We may ask you for information reasonably necessary in order to satisfy ourselves that the request is made by, or on behalf of, the person to whom the information relates. We may ask you to demonstrate control of a wallet address by signing a message with it. Where we are unable to verify a request to a reasonable standard we may decline it, because responding to an unverified request would itself create a risk to the person concerned.

11.5We may decline a request, in whole or in part, where the applicable law permits or requires us to do so, including where responding would adversely affect the rights of another person, where the information is subject to legal privilege or to an obligation of confidentiality, where retention is required by law, or where the request is manifestly unfounded or excessive. Where we decline a request we will tell you why, unless the law prevents us from doing so.

11.6We do not charge for responding to a request, unless the applicable law permits a charge and the request is manifestly unfounded or excessive or is a repeat request, in which case we may charge a reasonable fee reflecting the administrative cost of responding, or decline to respond.

11.7Exercising a right under this clause does not close any Position, does not release any Collateral, does not affect any Claim, and does not alter anything recorded on the distributed ledger.

12.Application of particular privacy laws

12.1Where the handling of information described in this policy is subject to Law 81 of 2019 of the Republic of Panama, to Regulation (EU) 2016/679 (the General Data Protection Regulation), to the United Kingdom General Data Protection Regulation, to the California Consumer Privacy Act as amended, or to any other applicable data protection or privacy law, you have the rights that the relevant law confers on you, whether or not those rights are described in clause 11, and you may exercise them by contacting us in accordance with clause 11.2. Nothing in this policy is intended to limit, and nothing in it should be read as limiting, any right you have under such a law.

12.2Where such a law confers a right to complain to a supervisory or regulatory authority, you may complain to the authority competent in respect of you. We would ask that you raise the matter with us first, so that we have an opportunity to address it, but you are not obliged to do so.

12.3We will handle a request made under any such law within the period that law prescribes, or within thirty days, whichever is the shorter.

13.Children

13.1The Interface is not directed at, and must not be used by, any person under the age of eighteen. We do not knowingly handle information relating to any such person.

13.2If you believe that a person under the age of eighteen has provided information to us, or has used the Interface, contact us at the privacy address published on the Interface and we will take steps to delete the information we hold.

14.Security

14.1We take steps we consider appropriate in order to protect information handled under this policy against unauthorised or unlawful access, use, alteration, disclosure, loss and destruction, having regard to the nature of the information, the harm that might result, and the state and cost of available measures. Those steps include restricting access to information to those who require it, encrypting information in transit, and engaging service providers we consider to apply appropriate measures.

14.2No method of transmission over the internet, and no method of electronic storage, is completely secure. We cannot and do not guarantee the security of any information you transmit to us or that we hold, and you transmit information to us at your own risk.

14.3The security of your wallet, keys, seed phrase and devices is your responsibility and is outside our control. We will never ask you for a private key or a seed phrase, and any communication purporting to come from us and requesting either is fraudulent and should be disregarded and reported to us.

15.Changes to this policy

15.1We may amend this policy at any time. An amendment takes effect when the amended policy is posted on the Interface bearing a revised version number and effective date.

15.2Where an amendment is material we will take steps we consider reasonable in order to draw it to your attention. It remains your responsibility to review this policy before each use of the Interface, and your continued use of the Interface after an amendment has taken effect indicates your awareness of the amended policy.

16.Contact

16.1MOG CAPITAL CORPORATION is a company incorporated in the Republic of Panama. Questions about this policy, and requests under clause 11, should be sent to the privacy address published on the Interface for that purpose.