Extended Privacy Policy

This Privacy Policy describes the manner how Brickken Solutions, S.L. (“Brickken”, “WE” and/or “Us”) collects and processes your Personal Data (as described below), from several digital means, including our website (the “Website”), “dApp”, and other tools or/and services offered by Brickken, 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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“You” means any individual who accesses, uses, or interacts with our Website, dApp, services, products, developments, etc.

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1. Who we are?

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1. We are Brickken a Spain-based company that has developed a decentralized application ("dApp") provided to clients in a Software as a Service (SaaS) format for tokenizing Real-World Assets (RWAs). This dApp enables clients to conduct the entire tokenization process independently, including creating, issuing, and managing their digital tokens. Brickken has developed various tools within the dApp to create an ecosystem that allows key participants to interact seamlessly with one another. These tools include a client-owned landing page, a dashboard, an insights portal, and a “Marketplace”.

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2.  Based on the above, Brickken informs You that We will collect and subsequently process your Personal Data acting as a Data Controller and therefore 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 Solutions, S.L.

Corporate Address: Carrer del Rosselló, 25, Eixample, 08029 Barcelona, Spain

Email: [email protected]

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2. What Personal Data do We collect from You?

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We will collect your Personal Data only when:

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1. You register to the dApp; 

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2. You register and/or provide your information through the Webpage; 

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3. You provide with your information on our private and/or public channels in order to ask questions, provide information or/and feedback;

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To provide You with the products and / services you request from Us and be able to enter into the relevant precontracts and/or contracts; and/ or 

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4. You have provided your explicit consent in order to provide You with Brickken’s services commercial information. In this sense, for instance, if You have provided your consent, Brickken may share information about clients who have accessed the dApp and utilized its SaaS platform through a license agreement.

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2. Based on the categories provided in Clause 2.1, Brickken informs You that We will collect following Personal Data:

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1. Personal details: full name, surname, job title, and company name.

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2. Contact details: email address, company website URL, and in some specific cases your phone number. 

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3. Data: IP addresses and/or blockchain transactions. 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.
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In addition to the above cases, Brickken informs You that in some specific cases that You want to use the dApp, as it is for instance, engaging our SAAS or becoming a member of the Marketplace, You may be requested to undertake or/and provide:

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1. KYC: We collect the following Personal Data:

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1. Personal Details: Full name, address, and other identifying information.

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2. Identity Data: A clear and current copy of a passport, ID card, or in rare cases, a driver’s license. The document must be valid and unexpired.

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3. Biometric Data: A live test to confirm the individual’s identity, ensuring they are not under coercion and match the provided documentation.

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Brickken informs You that the data collected is verified by Sum and Substance Ltd (Sumsub) automated system. In the event of a flagged issue, Brickken's Legal Department conducts a detailed review, collaborating with Sumsub for resolution as needed

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2. Account information: bank information or/and your wallet.

In these specific cases, Brickken’s team will provide more detailed information and documentation based on the specific case in order your able to understand why, how and for what purposes We request such information.

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

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We process your Personal Data for the following purposes:

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1. To provide You with the products and / services you request from Us and be able to enter into the relevant precontracts and/or contracts;

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2. To allow You to know and purchase our services, as it is our SAAS;

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3. To personalize your experience;

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4. Address your inquiries, questions, and requests;

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5. Manage and protect our Website, Marketplace and IT infrastructure; 

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6. Send You, only those relevant mails, newsletters, commercial communications, etc. related to the services or products that You have engaged from Brickken;

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7. Send You, only when you have provided your consent, share information about clients who have accessed the dApp and utilized its SaaS platform through a license agreement;

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8. For any other purpose disclosed to You at the time You have provided Us with your Personal Data; and;

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9. To ensure optimum compliance with the applicable legal obligations to which Brickken is subject and cooperate with regulators and law enforcement bodies when necessary.

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

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

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1. 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. 

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2. 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 to the prevention of money laundering processes), or otherwise to protect our rights or the rights of any third party; and

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3. 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. 
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5. What is the Legal Basis for the treatment of your Personal Data?

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5.1 Brickken informs 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:

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1. When you register on our Webpage or dApp, Brickken processes your Personal Data under Article 6.1(b) of the GDPR, as this registration may indicate potential interest in engaging with Brickken’s services. This includes the possible hiring of our SaaS platform, participation in our Marketplace, or access to other services like APY offerings. Should there be further interest in any of these services, a specific contract will be established to formalize the relationship. Please note that this contract will outline the terms and conditions governing the particular service engagement with Brickken.

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2. Brickken informs You that regarding the Personal Data that We will treat in the KYCs , it will be done based on under the GDPR Clause 6.1, Section “c”. For your information, Brickken must undertake the KYC and KYB due to its obligations to comply with relevant applicable laws, such as Anticorruption Law.

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3. Brickken informs You that regarding the Personal Data provided to share information about clients who have accessed the dApp and utilized its SaaS platform through a license agreement Brickken will process your personal data under the GDPR Clause 6.1, Section “a”. For your information, these communications are informational in nature and are intended to keep You updated.

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6 What rights do You have over your Personal Data?

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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:

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1. To know how We are Processing your Personal Data, as well as to be able to access it;

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2. To request the rectification of inaccurate or incomplete Personal Data that Brickken may have about You;

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3. 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 with the applicable law;

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4. 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;

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5. 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

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6. To withdraw the consent, you may have granted to a specific Processing, at any time.

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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 is inaccurate. If necessary, We will contact You if we need additional information in order to comply with your requests.

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6.3 Brickken is committed to protect your Personal Data as described in this policy, 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].

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7. How do We protect your Personal Data? 

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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 and is currently pursuing the obtention of it.

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

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1. We will keep your Personal Data for as long as We have a relationship with You.  

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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; and 

- Deal with any complaints regarding the services.

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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.
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8.4 Brickken also informs you that:

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• 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 We will maintain accounting and tax documentation for business purposes (e.g. accounts, wallets, etc.) for a period of six (6) years.
• For informational newsletters, you consented to receive, about clients who have accessed the dApp and utilized its SaaS platform through a license agreement, we will retain your data for four (4) years from the collection of your consent, unless you choose to unsubscribe earlier.

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9. Contact Us

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1. Brickken is the Data Controller in respect of the Personal Data We collect and process.

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

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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. 

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10. Changes to this Privacy Policy

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

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

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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 object to 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.

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