Privacy Notice

Last updated: 13.08.2024

Version: 1.01

This Privacy Notice (“Notice”) describes how we collect and process your data through https://www.opendelta.com website (the “Website”). The terms “OpenDelta”, “we”, “us”, “our” and “ourselves” refer to DIO Tech Inc., a legal person registered under the laws of the Republic of Panama.

OpenDelta’s perpetual bond (OPB) is an on-chain asset with downside protection and continuously accruing yield. We sell OPB tokens to a limited number of liquidity providers via token sale agreements.

We are committed to safeguarding the privacy of our users. We are not going to misuse your data.

Controller details:

DIO Tech Inc.

Folio No.: 155751522

Registered address: Via Espana, Delta Bank Building, 6th Floor, Suite 604D, Panama City, Republic of Panama

Contact email address: info@opendelta.com

Table of contents:

  1. Information we collect from you
  2. Sources of personal data
  3. Retention of your information
  4. Third-party access to information
  5. Your rights
  6. Security of information
  7. Children’s privacy
  8. Changes to this Notice

Information we collect from you

Account set up and provision of services

To access the services, start using our product and buy tokens, you will be required to create an account on our Website and provide us with some information. Your account will be associated with your Solana address.

Specifically, we will ask you to provide us with the following categories of information:

  • name and surname;
  • email address;
  • password;
  • wallet information (including Solana address);
  • transaction information.

The above-mentioned personal information will be processed in order to perform the contract between you and us (GDPR Art. 6.1.b).

KYC/KYB verification

As part of your registration on the Website, you will be required to go through the Know Your Customer (KYC) or Know Your Business (KYB) verification procedure from a third-party service provider where you will be forwarded from our platform.

For KYC, the KYC/KYB provider will process your:

  • passport/ID;
  • proof of address;
  • photo.

For KYB, the KYC/KYB provider will collect:

  • the data of directors and ultimate beneficial owners (UBOs) (e.g., passport, power of attorney).

In this case, processing is based on the explicit consent you have given to us and our KYC/KYB provider to process your biometric information for the purposes of KYC/KYB verification and fraud identification (GDPR Art. 9.2.a).

Communication and customer support

We may receive your information when you leave a request for support on the Website, or when you inquire about our services. We will use the information given by you to provide you with the help you might need, fix and improve the Website, and analyse our efficiency in product efforts. Additionally, we may process other communications between us and you, for example, your emails, chat logs, call recordings or inquiries regarding the services in order to provide efficient customer support, resolve issues and obtain feedback.

The applied legal basis for this is the performance of the contract between you and us (GDPR Art. 6.1.b) and our legitimate interest in improving the Website (GDPR Art. 6.1.f).

Website analytics and marketing activities

We analyse our Website in order to better understand your preferences and enhance your experience with OpenDelta. We optimise the Website performance and ensure security of the platform through the use of automatically collected data:

  • IP address;
  • device information (screen size, device type, other details);
  • other relevant technical details necessary for troubleshooting.

In addition to the data points mentioned above, we may use cookies and other technologies to analyse our Website. If you want to know more about how we use cookies and what other information we may collect, please visit our Cookie Notice.

Also, upon receiving consent from you, we will share with you our marketing and promotional materials via email and deliver our newsletters and updates. You can always opt out of this by clicking the appropriate button in our emails to you. The withdrawal of your consent will not affect the lawfulness of processing based on consent before.

Sources of personal data

We obtain personal data from such sources:

  • directly from data subjects:
    • individuals who register on the Website and are interested in buying tokens through OpenDelta;
    • individuals who subscribe to our newsletters, updates, or other communications, visit our Website;
    • individuals who contact our customer support team for inquiries and assistance;
  • KYC/KYB providers;
  • public blockchain.

Retention of your information

We will store your KYC/KYB data for 5 years after the termination of the business relationship with us.

We retain all other categories of your personal data for 3 years after the termination of the business relationship with us, unless you explicitly ask us to delete the information earlier.

However, we may need to retain some of your personal data for longer if there is a need for it, for example, in order to comply with our tax, accounting and legal requirements. In this case, the applied legal basis for the processing of your information will be the necessity to comply with a legal obligation.

Please note that certain personal data cannot be removed or deleted at all because of the nature of the blockchain. The blockchain technology used in the provision of our services operates on a decentralised network, where transactions are recorded in an immutable and transparent manner. This characteristic ensures the integrity and security of the data stored on the blockchain. However, it also means that once data is added to the blockchain, it becomes virtually impossible to remove or delete it.

Third-party access to information

Your personal information may be shared with the following third parties:

  • survey and form-building service providers;
  • cloud computing service providers;
  • collaboration and communication platform;
  • web analytics service providers;
  • KYC/KYB and identity verification service providers;
  • blockchain infrastructure service providers.

The providers listed above process your information based on our instructions only. In case your personal data is provided to third parties outside the EEA, we will implement appropriate safeguards to protect your personal data, including Standard Contractual Clauses as adopted by the European Commission. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

KYCAID

All users interested in buying tokens will be required to register on the Website and undergo the KYC/KYB procedure. The KYC/KYB flow will take place through the KYC/KYB provider engaged by us – KYCAID LIMITED (https://kycaid.com/).

After successful passing the KYC/KYB procedure, OpenDelta will contact the customer and sign a token purchase agreement or, if the customer has not passed KYC/KYB or is not suitable, refuse the customer further cooperation. After passing KYC/KYB and signing a contract on the platform, the customer will be able to monitor the growth of their token portfolio.

Please read KYCAID Privacy Policy as your sharing of data with KYCAID will be in accordance with that policy.

Other disclosures

In addition to the disclosures for the purposes identified before, we may disclose information about you for the following purposes:

  • law enforcement, legal process and compliance: if we are required to do so by law, in connection with any legal proceedings or to establish, exercise or defend our legal rights, or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies. We also reserve the right to disclose personal data or other information that we believe, in good faith, is appropriate or necessary to: (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of our services and any facilities or equipment used to make our services available; or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others;
  • change of ownership or other business needs: (i) in case we sell, licence or otherwise assign our company, corporate rights, the Website or its separate parts or features to third parties; (ii) as part of a transaction, financing, or for other business needs (e.g., if we need to disclose your personal data to the prospective lender or bank, investor or prospective investor, and/or their professional advisers as part of certain due diligence processes, as the case may be); (iii) we may also disclose and otherwise transfer your personal data to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of the information commits to a privacy policy that has terms substantially consistent with this Notice.

Your rights

Depending on your country of residence or in some regions, such as the European Economic Area (EEA), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

EU/EEA

In the EU/EEA, you have certain rights under applicable data protection laws, such as the Regulation (EU) 2016/679 General Data Protection Regulation (the “GDPR”).

You may exercise GDPR rights regarding your personal data. In particular, you have the right to:

  • The right to access your information.

You have the right to know what personal data we process. As such you can obtain the disclosure of the personal data involved in the processing and you can obtain a copy of the information undergoing processing.

  • The right to verify your information and seek its rectification.

If you find that we process inaccurate or out-of-date information, you can verify the accuracy of your information and/or ask for it to be updated or corrected;

  • The right to have your personal data deleted.

If we are not under the obligation to keep your personal data for legal compliance and it is not needed in the scope of an active contract or claim, we will remove your information upon your request.

  • The right to restrict the processing of your information.

When you contest the accuracy of your information, believe we process it unlawfully or want to object to the processing, you have the right to temporarily stop the processing of your information to check if the processing was consistent. In this case, we will stop processing your personal data (other than storing it) until we are able to provide you with evidence of its lawful processing.

  • The right to have your personal data transferred to another organisation.

Where we process your personal data on the legal basis of consent you provided us or on the necessity to perform a contract, we can make, at your request, your personal data available to you or to an organisation of your choosing.

  • The right to object against the processing of your information.

If we process your information for our legitimate interests (e.g., for direct marketing emails or for our marketing research purposes), you can object to it. Let us know what you object against and we will consider your request. If there are no compelling interests for us to refuse to perform your request, we will stop the processing for such purposes. If we believe our compelling interests outweigh your right to privacy, we will clarify this to you.

You can formulate such requests or channel further questions on data protection by contacting us directly at info@opendelta.com.

If you believe that our use of personal information violates your rights, or if you are dissatisfied with a response you received to a request you formulated to us, you have the right to lodge a complaint with the competent data protection authority of your choice.

Security of information

We will take all necessary measures to protect your information from unauthorised or accidental access, destruction, modification, blocking, copying, and distribution, as well as from other illegal actions of third parties. As we use the services of third-party software providers across different countries, including outside of the European Union (EU), we may transfer the collected information to those countries for further processing. In such cases, we will make sure that relevant safeguards are in place. More information on such safeguards can be provided upon request.

We also make sure that access to your information stored in our database is only possible via a secure and closed VPN connection. Additionally, all communications exposed to the internet are TLS encrypted to provide the highest level of communications security.

Children’s privacy

Our product does not address anyone under the age of 18. We do not knowingly collect personal information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from anyone under the age of 18 without verification of parental consent, we take steps to remove that information from our servers.

Changes to this Notice

We may update this Notice from time to time by posting a new version on our Website. We advise you to check this page occasionally to ensure you are happy with any changes. However, we will endeavour to provide you with an announcement about any significant changes.