Privacy Policy

This Privacy Policy describes the manner how Brickken Solutions, S.L (“Brickken”, “WE” or/and “Us”) collects and processes your Personal Data (as described below), and how We use and protect it. 

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“Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

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“Processing” means any operation or set of operations which is performed on Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure, dissemination or making available, alignment or combination, restriction, erasure, or destruction.

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“Data controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, who is responsible of determining the purposes and means of the processing of personal data. 

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1.      Brickken corporate information:

1.1    Brickken informs You that We will collect and subsequently process your Personal Data acting as a Data Controller.

1.2    Based on the above, We hereby provide You with our corporate information in order You are able to contact Us at any time:

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Name: Brickken PFP, S.L.

Corporate Address: Llacuna Street, number 162, room 308, Barcelona (08018), Spain

Email: [email protected]

2.      What Personal Data do We collect from You?

2.1    We will collect your Personal Data only when:

• You effectively and directly provide it through contact forms;
• You register, access and/or use the dApp (that is, the decentralized application created by Brickken that runs on a decentralized network and operates autonomously, in which You will have access through the Webpage); and/or
• You register, access and/or use the payment app (the application created by Brickken to which You will have access through the Webpage and where, if You decide it, will be able to buy BKN).
• You register, access and/or use the Marketplace(the space that is interlinked with the dApp where You can list your productsor services and clients can browse and buy in one place).

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2.2    Based on the cases above, it may be possible that it is needed that You have to undertake a Know Your Customer (KYC). In some cases, You will have to undertake a KYC, when You carry out a Know Your Business (KYB) procedure.

2.3    For Your information, Brickken informs You that We will collect directly from You the following Personal Data:

Contact form

When You ask our sales team a question, or a technical question or submit your application in order to become an ambassador,partner, etc. via our contact forms, we collect the following information:

• Personal details: full name, surname, job title, and company name.
• Contact details: email address, company website URL, and in some specific cases your phone number.

This information is required to ensure that a member of our team respondsto You as soon as possible and to better understand your questions and interests.

KYC Process

In order for You being able to enter the dApp, the payment app, and engage the services that Brickken provides (as it is for instance, its tokenization services), it may be needed that, in order for Brickken to comply with relevant applicable laws regarding Anti money Laundering, You undertake

a KYC process. In this KYC process the following information will be requested from You:

• Personal details: we collect factors relating to the economic situation, nationality, age, image and address.

Financial Data

When You utilize ourmarketplace, engage in the purchase of a service (as it is for instance, atokenization service) or/and a product (as it is for instance, the BKN) ofBrickken throughthe dApp or the payment app, it may be possible that thefollowing information is requested from You in order You are able to executethe relevant payment:

• Account information: your wallet, public key, account on the blockchain or the blockchain transactions.

Online Identifiers

When You use the Webpage (the page created by Brickken that contains direct access to the dApp and has several features), the Marketplace and/or the Payment App, You hereby agree that the following information is taken automatically from You:

• Data: IP addresses and/ or blockchain transactions.

2.4    In some cases, it may be possible that We collect some information automatically. Further information about our use of Cookies and Tracking Technologies is available in our Cookies Policy.

3.      For what purposes do We treat and/or use your Personal Data?

3.1    We process your Personal Data for the following purposes:

• To provide you with the products and/or services you request from Us;
• To allow You to know and purchase our services;
• Deal with your inquiries, questions, and requests;
• Manage and protect our Website, Marketplace and IT infrastructure;
• Send You, only those relevant mails, newsletters, commercial communications, etc. related to the services or products that You have engaged from Brickken;
• For any other purpose disclosed to You at the time You have provided Us with your Personal Data; and;
• To ensure optimum compliance with the applicable legal obligations to which Brickken is subject and cooperate with regulators and law enforcement bodies when necessary. 

4.      How do we share your Personal Data and with whom?

4.1    Brickken will be able to share your Personal Data with third parties under the following circumstances:

• Service providers and business partners: our employees, service providers, and business partners that perform, amongst others, processing of secure payments, web maintenance and other IT services, marketing and communication, accounting, finance, legal verifications, audit, and other business operations needed for Brickken to provide the products and/or services that You have requested.
• Law enforcement agency, court, regulator, government authority or other third parties with compelling authority: We will be able to share your Personal Data only if it is strictly necessary due to a legal requirement, also if we believe this is necessary to comply with a legal or regulatory obligation (specifically related tothe prevention of money laundering processes), or otherwise to protect our rights or the rights of any third party; and
• Third parties: We will share your Personal Data with third parties only when you gave the consent to do so, unless it is strictly necessary for the fulfillment of the relationship you have with Us. For the avoidance of doubt, Brickken informs You that in the event it needs to provide information to a third party, it will take all the necessary legal measures regarding these third parties to be compliant with the applicable Data Protection Regulations, as it is for instance, analyzing the receiver of your Personal Data, its applicable jurisdiction, as well as signing the relevant Data Protection and Data Transfer Agreements when it is needed.

5.      What is the Legal Basis for the treatment of your Personal Data?

5.1    Brickkeninforms You that, at all times, We will comply with the content of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/E, hereinafter, “GDPR” and any other relevant regulation in this regard. Particularly, your Personal Data will be processed and treated by Brickken according to the following Clauses and Sections included in such Regulation:

• In the event You are purchasing engaging one of ourservices (as it is for instance, a tokenization service) or products (as it isfor instance, the BKN), as well as when you become a partner of Brickken,Brickken will process your Personal Data according to Clause 6.1, Section“b” included in GDPR. The reason why this treatment will be based on suchClause and Section is that You could be entering: (1) a pre-contractualrelationship or (2) a direct contractual purchase (when You buy the BKN) or (3)a commercial relationship with Brickken (when You engage in a tokenizationand/or when you become one of our partners and therefore you use ourMarketplace in order to promote your services in favor of our clients). These relationshipswill be governed by the content of the following documentation:
• If You are engaging in the tokenization services of Brickken, the relationship between You and Brickken will be governed by the specific Terms and Conditions that You will find in the dApp;
• If You engage in the use of the Marketplace, therelationship between You and Brickken will be governed by the specific Termsand Conditions that You will find in the Marketplace.
• If You are purchasing the BKN, the relationship between You and Brickken will be governed by the specific Terms and Conditions that You will find in the payment app; or
• It may be possible that if You decide to enter a partnership, buy or hire products or services of Brickken different than the ones described above, any other contract or precontact will be put inplace.  If this situation arises, You will be immediately informed in this regard.

Therefore, based on the specific relationship that You have with Brickken, We strongly recommend that You review the content of the relevant documentation applicable to You.

• Brickken informs you that regarding the Personal Data that We will treat in the KYCs or the KYBs where a specific KYC is undertaken, it will be done based on under the GDPR Clause 6.1, Section “3”. For your information, Brickken must undertake the KYC andKYB due to its obligations to comply with relevant applicable laws, such as Anticorruption Laws.

6.      What rights do You have over your Personal Data?

6.1    Brickken hereby informs You that GDPR and any other applicable Data Protection Regulation, which may be applicable to You, recognizes and guarantees that You are able to exercise and enforce the following rights:

• To know how We are processing your Personal Data, as well as to be able toaccess it;
• To request the rectification of inaccurate or incomplete Personal Data that Brickken may have about You;
• To request the removal of your Personal Data when such data is no longer necessary for the initial purposes for which it was been initially collected, in accordance withthe applicable law;
• To restrict and/or object to the processing of your Personal Data. For the avoidance of doubt, Brickken will be able to keep your Personal Data with the aim We are able to exercise our legal rights;
• To request the portability of your Personal Data, which will allow you to obtain and reuse the Personal Data in a usable electronic format for your own purposes and across different services without hindrance to usability, including its transmission to another third party; and
• To withdraw the consent, you may have granted to a specific processing, at any time. 

6.2    Brickken strongly encourages You to contact Us to update or correct your information if it changes or if the Personal Data We hold about You isinaccurate. If necessary, We will contact You if we need additional information in order to comply with your requests.

6.3    Brickken is committed to protect your personal data as described in thispolicy, and as required by applicable laws. If you have any inquiries or wish to request additional information on how to exercise your rights or to effectively submit such a request, feel free to contact Us at [email protected].

7.      How do We protect your Personal Data?

7.1    We implement technical and organizational measures to ensure a level of security appropriate to the risk to the Personal Data we process. These measures are aimed at ensuring the on-going integrity and confidentiality of the Personal Data. We evaluate these measures on a regular basis to ensure the security of the processing. Furthermore, Brickken has implemented an Information Security Management System following the ISO:27001 guidelines.

8.       For how long do We store your Personal Data?

8.1    We will keep your personal data for as long as We have a relationship withyou.  

8.2    Once our relationship with you has come to an end, We will retain your personal data for a period of time that enables Us to:

• Maintain business records for analysis and/or audit purposes;
• Comply with record retention requirements under the law;
• Defend or bring any existing or potential legal claims;
• Deal with any complaints regarding the services.

8.3    We will delete your personal data when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, We will put in place appropriate measures to prevent any further processing or use of the data.

8.4    Brickken also informs you that:

• For our relevant newsletters and/or promotional e-mails, related to the services or products that You have engaged from Brickken, We will keep your data for four (4) years from the collection of Personal Data.
• If you are requested to undertake a KYC process, We will retain your KYC data for the duration of your business relationship with Us and for an additional five (5)years after termination and, in certain cases, for up to ten (10) years after termination if required by any applicable competent authority.
• If you provided your financial data through the payment app and/or the Marketplace, We will maintain accounting and tax documentation for business purposes (e.g. accounts, wallets,etc.) for a period of six (6) years.

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9.       Contact Us

9.1    Brickken is the Data Controller in respect of the personal data We collect and process.

9.2    If you have questions or concerns regarding the way in which your personal data has been used, please contact: [email protected]

9.3    We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that We have not been able to assist with your complaint or concern, you have the right to make a complaint to the relevant Data Protection Agency.

10.      Changes to this Privacy Policy

10.1    You are entitled to request a copy of this Privacy Policy from us using the contact details set out above.

10.2    This Privacy Policy will be subject to changes, as deemed necessary from time to time.

10.3    If We change this Privacy Policy, We will notify you of the changes. Where changes to the Privacy Policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, We will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g. among other, to objectto the processing). Moreover, and to the extent that Brickken relies on consent for the performance of any of its processing activities, We will make sure to request your consent where the aforementioned changes may have a substantial impact on the relevant processing before these changes are made effective.

       I accept this Privacy Policy.