Last updated: December 2018
1. Information we collect and process from you
We collect and process personal data in accordance with the Federal Act on Data Protection ("FADP") and, to the extent applicable, with the European General Data Protection Regulation ("GDPR"). Personal data that we collect and process may also be subject to contractual or professional confidentiality obligations applicable to us.
We collect and process personal data for the following purposes and legal bases:
a. For the performance of contractual obligations
We collect and process personal data as necessary for the performance of a contract to which you or a related person is a party, or to carry out pre-contractual measures that occur as part of a request.
b. For compliance with a legal obligation or in the public interest
We may be subject to various legal obligations which require us to collect and process personal data, including in relation to the provision of information about products and services, the prevention of money laundering activities, bribery, corruption, tax frauds as well as other frauds and crimes, the recording of phone conversations, the satisfaction of any requirements of cooperation with, or reporting to, any competent public prosecution, supervisory, administrative or tax authority or court, as well as the assessment and management of risks.
c. For the purposes of safeguarding legitimate interests
When necessary, we collect and process your personal data for the purpose of the legitimate interests pursued by us or a third party, if such processing does not unduly affect your interest or fundamental rights and freedoms. Examples include the development of our business relationship with you, the market studies and advertising, unless you have objected to the use of your data for marketing, measures for the security of our properties and systems, the recording of phone conversations to verify instructions, improve the quality of our services or to safeguard our rights, the exercise or defense of actual or potential legal claims, or the conduct of investigations or similar proceedings, review and improvement of our internal processes and organization, the evaluation of certain characteristics of data subject on the basis of automatic processing of personal data (e.g. analytical tools).
d. On the basis of your consent
To the extent that the collecting and processing of your personal data requires that you give your prior consent thereto, we will ask for your consent in due time. Any consent granted may be revoked at any time. Please be advised that the revocation of your consent shall only have effect for the future. Any processing that was carried out prior to the revocation shall not be affected thereby. If you submit an objection, we will no longer process your personal data unless we can give evidence of a legal or contractual obligation, mandatory, legitimate reasons for processing which take precedence over your interests or rights or if processing serves to assert, exercise or defend legal claims.
The provision of personal data may be mandatory, for instance in connection with compliance with applicable laws and regulations. If the required data are not provided, this may preclude us from establishing or pursuing a business relationship or from rendering services to you.
When you visit the Company's Website, participate to the Company's ICO or purchase LD Products, you may provide the Company with two types of information: personal data you knowingly and voluntarily choose to disclose, and personal data that we automatically collect as you browse the Company's Website or participate to the Company's ICO.
A. Information you give us
This includes any personal information that you give us by filling in forms on the Company's Website, in connection with the Company's ICO, when purchasing LD Products or by corresponding with us by phone, e-mail or otherwise. It also includes information you provide when you register to use the Company's Website, participate to the Company's ICO (subject to the terms and conditions of the LKD Tokens), when you report a problem with the Company's Website or in relation with the purchase of LD Products as the case may be. The information you give us may include your name, address, e-mail address and phone number, date of birth, financial information (e.g. utility bill; IBAN), personal description and photograph, crypto-wallets addresses and any other personal data provided to us.
B. Information we collect about you
With regard to each of your visits to the Company's Website or your participation to the Company's ICO, we will automatically collect the following information:
a. Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information (if applicable), browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from the Company's Website (including date and time), information you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), methods used to browse away from the page and any information of yours related to contact our customer service team (e.g. phone number).
b. Information we receive from other sources. This is information we receive about you from public domain, third parties or other websites we operate or the other services we provide. Third parties we work with include: those assisting in know-your-customer ("KYC") collection and processing KYC information, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies.
2. Cookies and analytical tools
3. Uses made of the information
We use your personal information to communicate with you – if and when necessary – in connection with your use of the Company's Website, your participation to the Company's ICO, in relation with the purchase of LD Products, to respond to your questions, or to send you material and information you request. We may also use information held about you in the following ways:
A. Information you give us
We will use this information:
a. To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and products that you request from us;
b. To provide you with information about other products we offer;
c. To provide you with information about industrial or commercial client's offer we receive;
d. To ensure that content from the Company's Website is presented in the most effective manner for you and for your computer.
B. Information we collect about you
We will use this information:
a. To manage the Company's Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
b. To improve the Company's Website to ensure that content is presented in the most effective manner for you and for your computer;
c. As part of our efforts to keep the Company's Website safe and secure;
d. To pass information from partners who link to us and partners we link to regarding usage and users for marketing and advertising purposes;
e. To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
f. To make suggestions and recommendations to you and other users of the Company's Website about products that may interest you or them. In addition, we will combine information we receive from other sources with information you give us and information we collect about you and (depending on the types of information we receive) use it as described above.
4. Disclosure of your information to third parties
You agree that we have the right to share your personal information:
a. With any member of our group and selected third parties including:
i. Third parties that assist with KYC collection of information or process KYC information, suppliers and vendors necessary for the performance of the products we provide;
ii. Google Analytics, other analytics providers and search engine providers that assist us in the improvement and optimisation of the Company's Website; and
iii. Fraud and crime prevention agencies for the purpose of assessing the risk of crime, fraud and money laundering and this is a condition of us entering into any contract with you. This is not an automated decision-making process.
b. To fulfill the purpose for which you provide it.
c. For any other purpose disclosed by us when you provide the information.
d. With your consent.
We will also disclose your personal information to third parties:
a. As required by law.
b. In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
c. If the Company, or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
e. To ensure that we can successfully seek to complete our ICO and to meet our legal and contractual obligations to you related to the ICO.
f. To avoid crime, money laundering and the risk of fraud allegations by sharing the information with lawyers, accountants and other professionals assisting us in these kinds of matters.
g. To ensure that we have relevant information on persons wishing to contribute to our ICO by disclosing the information to third-parties assisting us in verifying and processing customer information like a KYC processing vendor.
h. In order to provide relevant information to regulators, government agencies and banks that may request information on the ICO.
5. Where we store your personal data / Transfer and storage abroad
All information you provide to us is stored on our and third parties performing KYC procedures servers. We do not intend to keep personal data any longer than is necessary for the purposes for which the personal data is processed and used. In addition, we might process your personal data after the termination of our business relationships for operational purposes in accordance with the applicable laws as well as pursuant to various retention and documentation obligations.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA), including in particular, Israel, Canada and the United States as well as to countries which are deemed to have privacy/data protection rules that are not equivalent to FADP and/or GDPR and for which no appropriate contractual guarantee and/or binding corporate rules will be implemented. It may be processed by staff operating outside the EEA who works for us or for one of our suppliers. This includes staff engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure an adequate level of data protection and that your data is treated securely and in accordance with this policy.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Company's Website or in connection with the Company's ICO; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
6. Your rights on your personal data
Subject to any applicable restrictions or requirements, you have the right to (i) request access to, and receive copy of, your personal data, (ii) request rectification of your personal data if they are inaccurate, (iii) request erasure of your personal data when the processing is not or no longer necessary for the Purposes, subject to applicable retention records, (iv) request a restriction of the processing of your personal data subject to the restrictions, (v) object to the processing of your personal data, in which case we will no longer process your personal data unless we have compelling legitimate grounds to do so and if applicable, (vi) receive your personal data in structured, commonly used and machine-readable format (data portability). You may exercise these rights by submitting a request to the following address: [email protected] In addition, you have the right to be informed about the personal data stored and the purpose of the processing at any time. You may also lodge a complaint with the competent data protection supervisory authority if you believe that our processing of your personal data infringes applicable data protection laws.
The Company's Website provides users the opportunity to opt-out of receiving communications from the Company at the point where we request information about the visitor. You have the option of reviewing or removing your information from our database, and to no longer receive communication from us. If you request your account information be deleted from our database, we may maintain information about individual sales transactions for the purpose of recordkeeping and servicing.
You can send your request via e-mail to [email protected], or by mail to LakeDiamond SA, Rue Galilée 7, 1400 Yverdon-les-bains, Switzerland.