PRIVACY POLICY

Last Updated: March 31, 2025

This Privacy Policy describes the types of information gathered by Nanoconda LLC, and its affiliates or subsidiaries (hereinafter “Nanoconda,” “Service Provider”, “we” or “us”) in the process of providing this website (https://nanoconda.com/) (the “Site”), access to a co-located server, equipped with specialized software designed to support Client's high-frequency trading activities and access to a dedicated environment suitable for developing, testing, and deploying trading algorithms, this includes access to necessary development tools and software (the “Software”) and the data, services, information, tools, functionality, updates and similar materials (collectively, the “Platform”), how we use it, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information and our efforts to protect the information you provide to us through the Platform.

By using the Platform, you hereby consent to allow us to process information in accordance with this Privacy Policy (“Policy”). Please also refer to our Terms of Service, available here http://nanoconda.com/termsofservice , which are hereby incorporated as if fully recited herein. Any defined terms found, but not defined herein, shall have the same definition as in the Terms of Service.

Territoriality

Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not provide the same level of protection as in other parts of the world. BY VISITING THE SITE AND USING THE PLATFORM, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND, TO THE EXTENT POSSIBLE, THAT U.S. LAW SHALL GOVERN ANY SUCH COLLECTION AND PROCESSING.

This Privacy Policy is subject to the provisions of the General Data Protection Regulation ("GDPR"), the California Consumer Privacy Act of 2018, as amended, (“CCPA”), and other applicable privacy laws. Nanoconda agrees that under the GDPR, it is a data “processor” or a data “controller”, and you, if you are an individual and reside in the United Kingdom, the European Economic Area, or Switzerland (collectively, and for the purposes of this Policy, the “EEA”), are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.” Similarly, under the CCPA, we are a “Service Service Provider” or a “Business”, and you, if you are an individual residing in California, a “Consumer” with certain protected privacy rights concerning your “Personal Information”. We will take commercially reasonable steps to maintain compliance with GDPR and CCPA requirements. Your Personal Data and Personal Information may identify you as a person, and thus may be referred to as Personally Identifiable Information ("PII").

Collection of Personal Information on our Platform

We intend to record the absolute minimum of your personal information, and only as much of your other information as needed to deliver the best possible service for all Users of the Platform; and to never share your information with anyone without your explicit consent. By using the Platform, you consent to our processing of your information.

The information we collect on or through the Platform may include:

• Information that you provide by filling in forms on our Platform, such as your name, phone number, and email. This includes information you share when schedule a call with us or make an inquiry. You also may provide us contact information, such as name and email, of a third-party (guest) when scheduling a call. You are responsible for obtaining consent of the person whose name and email you provide with us. In no event we shall be responsible and liable for your misconduct in this regard.
• Records and copies of your comments, inquiries, requests and other correspondence, if you contact us.

As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Platform and other communication data and the resources that you access and use on the Platform.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

Personal information such as your name and IP address will be treated with the utmost care.

We get your data from:

1. Browser

Your internet browser (such as Mozilla Firefox, Google Chrome, etc.) automatically transmits some information to us every time you access content on one of our internet domains. Examples of such information include the URL of the particular Web page you visited, the IP (Internet Protocol) address of the computer you are using, or the browser version that you are using to access the website.

1. Directly from you

We may obtain PII directly from you, e.g. when you contact us.

1. Third parties

We may also obtain your PII from third parties when our cookies are enabled on their websites, if you communicate with such third parties in connection with our Platform or the services provided through our Platform.

Who can access your information

When you submit an inquiry or appoint a call (or meeting) with us, you are required to provide certain information including your (and, if any, your guest’s) name, email, phone number and your inquiry, if applicable. Our staff may access and use such information to contact you back. Moreover, Platform administrators may have the technical capability to access your information (by directly inspecting the database or network requests, for example), but endeavor never to do so. Our staff will also ordinarily be prevented from being able to access User data entirely unless their duties require such access.

For what purposes we collect and process your information

We will only collect personal data about you insofar as is necessary to achieve the purposes for which such data were collected. These purposes may include without limitation:

• Processing operations at our Site.
• Monitoring User activity at our Site to improve its performance and to ensure its security (necessary cookies).
• Sending notifications.
• Detecting fraudulent activities.
• Verifying User’s email and phone number.
• Informing Users about services in which they may be interested.
• Sending news and updates of our services, Terms of Use and this Policy.
• Answering incoming technical support questions.

We collect and process your personal data under one or more of the following legal bases:

• Processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• To perform the contract that we are about to enter with you (e.g. our Terms of Service);
• To comply with a legal obligation; and/or
• If we have your consent to do so.

When we act in our capacity as a processor of your personal data, we do so on the basis of the applicable law, and the other persons with whom you are interacting, and/or providing your personal data to, are responsible for the legal basis (or bases) pursuant to which we process your personal data.

Personal data that we process to enter into a contract are necessary to provide you with our services. If you choose not to provide Nanoconda with your data, following obstacles may occur:

• When data are processed to contact our team, we may be unable to provide you with information about our products or services;
• When data are processed to answer incoming technical support questions, we may not be able to effectively address your technical support inquiries, which could lead to delays in resolving issues or providing assistance;
• When data are processed to contact people who have left an application on the Site, we may be unable to follow up on your application or inquiry, potentially resulting in missed communication regarding your request or interest;
• When data are processed to sign contracts, non-provision of personal data may hinder our ability to complete the contract formation process.

Data Retention Periods

Nanoconda retains personal data only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or to comply with applicable legal, regulatory, or contractual obligations. The retention periods for key data categories are as follows:

1. Financial and Transaction Data:

• Retention Period: Retained for six (6) years after the end of the financial year in which the transaction occurred, in accordance with tax and accounting regulations.
• Purpose: To meet regulatory requirements for financial reporting and audits.

1. Marketing Data:

• Retention Period: Retained until you withdraw your consent or opt out of marketing communications.
• Purpose: To provide updates, offers, and other relevant communications as per user preferences.

1. Support and Inquiry Data:

• Retention Period: Retained for two (2) years following the resolution of the inquiry or support ticket.
• Purpose: To ensure quality assurance and track repeated issues for service improvement.

1. Cookie and Analytics Data:

• Retention Period: Retained for a maximum of thirteen (13) months, unless otherwise specified by applicable laws or regulations.
• Purpose: To analyze user behavior and optimize the Platform experience.

1. Legal and Compliance Data:

• Retention Period: Retained for seven (7) years from the date of collection or as required by applicable legal and regulatory obligations.
• Purpose: To respond to legal claims, prevent fraud, and ensure compliance with applicable laws.

Deletion and Anonymization

When the retention period for specific data expires, we will securely delete, anonymize, or aggregate the data, ensuring it is no longer identifiable or linked to any individual.

You are free to remove privately supplied personal information such as your email or password from our records at any time, but IP addresses will remain in logs until purged.

User Rights

You have the right to request the deletion of your data before the expiration of the specified retention periods, subject to certain legal or regulatory obligations. To exercise this right, please contact us at support@nanoconda.com.

Sharing Your Personal Information

The following information will never be shared with or disclosed to third parties, except where we are legally compelled to do so (which we would try to inform you of prior to such disclosure if reasonably possible) or in other cases as listed below:

• Your email and phone number - your email and phone number will only be used by us to contact you regarding your use of the Platform or related matters. If you have privacy concerns about your email address, please consider using one unique to the Platform.
• Your IP address - this is only visible to our staff and moderators to control abuse, and we try to keep as few records of IP addresses as possible. Periodically we may purge our records, but it is safest to assume records of your IP address exist. We may use your IP address to infer which country you are accessing the Platform from.

We will not share your personal information except: (a) for the primary purposes for which you provided it, such as to payment processors, and as otherwise described in the Terms of Service (available here http://nanoconda.com/termsofservice, and as may reasonably or foreseeably be required to give effect to such primary purposes; (b) with your consent, or at your direction, including running analytics; (c) as may be required by law or as we think necessary to protect our organization or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); or (d) with persons or organizations with whom we contract to carry out internal operations or business activities (such as our security auditors). With your knowledge and consent, we may share your personal information with our business partners.

We may also share aggregate information with others, including affiliated and non-affiliated organizations, co-branding partners, and co-owners of the Site.

Finally, we may transfer your PII to a third party, or our successor-in-interest, in relation to, or in the event of, a merger, acquisition, sale of all or substantially all of our assets, reorganization, bankruptcy, or other change of control. After such disclosure or transfer, the third party or successor in interest may use the information in accordance with applicable law.

Data collection by third parties

If advertising is enabled, advertisers may record information derived from your viewing of their ads. This is governed by their own privacy policies. To prevent this, please disable advertising. We encourage you to get acquainted with any third party’s privacy policies before accessing any of their services or using products.

We may also use third party services to monitor the performance of our server and clients (i.e. "application performance management" software) - in this case, any of your data collected would also be controlled by their own privacy policies, but is ordinarily restricted to general performance data and should not include any personal information.

We do not include any code from third party web analytics services - so it should not be possible for any other party to track your activity over our Platform.

GDPR Compliance for Cross-Border Data Transfers

1. Cross-Border Data Transfers

Nanoconda is committed to ensuring the lawful and secure transfer of personal data outside the European Economic Area (EEA) in compliance with the GDPR. When personal data is transferred internationally, we rely on one or more of the following safeguards to protect your information:

1. Standard Contractual Clauses (SCCs):

Transfers of personal data to countries outside the EEA are governed by European Commission-approved Standard Contractual Clauses. These clauses are incorporated into our agreements with third-party data processors and controllers to ensure that your personal data is afforded a level of protection consistent with EU data protection laws.

2. Binding Corporate Rules (BCRs):

For transfers within our corporate group, we implement Binding Corporate Rules approved by relevant supervisory authorities. These rules establish internal policies that apply across our organization, ensuring that personal data is protected consistently regardless of geographic location.

3. Adequacy Decisions:

Where applicable, we transfer personal data to countries that the European Commission has deemed to provide an adequate level of data protection. This includes transfers to organizations in jurisdictions covered by adequacy decisions, such as Switzerland and certain other countries.

4. Additional Safeguards:

In cases where SCCs or adequacy decisions are not applicable, we may rely on explicit User consent for specific transfers or implement supplementary safeguards, such as:

• Encryption of personal data during transit and storage.
• Data minimization techniques to limit the amount of data shared.
• Robust contractual commitments with third parties to ensure data security and confidentiality.

1. User Rights and Transparency

You have the right to request information about the safeguards we apply to personal data transfers and to receive a copy of the relevant contractual clauses upon request. To exercise this right, please contact us at [support@nanoconda.com].

1. Periodic Review

To ensure ongoing compliance, we review our cross-border data transfer mechanisms annually and update our practices in response to legal developments or changes in regulatory requirements.

Who else do we share your data with and for what purposes?

• Marketing and analytics

As part of our legitimate interests, we may request your explicit consent to use your personal information, including name, or email address, for marketing purposes. You will always have the ability to opt in or out of such use by contacting [support@nanoconda.com]. We will only process your information for marketing purposes in compliance with applicable data protection laws, such as GDPR or CCPA.

After becoming a User of the Platform, you may any time revise or edit your information by sending an email to [support@nanoconda.com]. For instructions on how you can further access your personal information that we have collected, or how to correct errors in such information, please send an e-mail to [support@nanoconda.com]. We will also promptly stop using your information and remove it from our servers and database at any time upon your e-mail request. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections or removing your information.

How Do We Store and Protect Your Information?

1. After receiving your personal information, we will store it on our servers for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. Unfortunately, no data transmission over the internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service Service Providers' systems.
2. Please note that we encrypt any PII in our possession. Further, all data transfers are through secure http protocol (HTTPS), and as such are encrypted. We also restrict access to PII to key employees and log all instances of access to PII.
3. If you are visiting the Site from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our servers and internal systems located within the USA.
4. We store your personal information until you request to discontinue your use of the Platform or that we otherwise remove such information from our services, at which point we will remove all related PII from our possession, unless we are required to retain some or all of it in order to comply with applicable law. We store our logs and other technical records indefinitely.

California Privacy Rights

To the extent that the CCPA applies to our practices with respect to Personal Information, and you currently reside in California, the CCPA provides you, as a Consumer, with certain rights.

1. Right to Know/Right to Request Access to Your Collected Data. Consumers have the right to request that we disclose Personal Information we have collected about them in the previous 12 months including, but not limited to, the categories of information collected by us, the source(s) of such information by category, and the purpose for collecting such information. This right may not be exercised more than twice in a 12-month period. In the previous 12 months, we have collected the following categories of Personal Information about consumers:

• Identifiers can be your name, email address, unique personal identifiers (device identifier, IP Address, cookies), account names, and similar information; We collect the identifiers from the consumers themselves, third parties, and automatic means;
• Personal Information Under the California Customer Records Law (Cal. Civ. Code §1798.80) (“CCRLPI”);
• Internet/Network Activity. Internet Activity Information includes browsing history, cookies, search history and a consumer’s interaction with the Site.

We collect Personal Information in any or all the above categories from the consumers themselves, service Service Providers and business partners, third parties, and by automatic means for the purposes described in this Policy, and as required to comply with applicable law.

As a Consumer, you also have the right to request that we tell you which of your Personal Information we have disclosed for a business purpose, or Sold (as defined in the CCPA) in the previous 12 months. With respect to Personal Information being disclosed for a business purpose, the Consumer shall receive the categories of information disclosed and the types of entities they have been disclosed to. This right may not be exercised more than twice in a 12-month period. For Personal Information being Sold, this includes the categories of information being sold and the categories of third parties to whom it is being sold.

We disclose Personal Information to the Consumers themselves, to third parties as the Consumer may direct, service Service Providers, and government/law enforcement agencies for the purpose it was provided/provision of Platform, to comply with applicable law, and as otherwise described above in this Policy.

IN THE PAST 12 MONTHS WE HAVE NOT SOLD, AND DURING THE PERIOD OF TIME DURING WHICH THIS POLICY IS POSTED WE SHALL NOT SELL THE PERSONAL INFORMATION OF ANY CONSUMER, INCLUDING MINORS UNDER THE AGE OF 16.

1. Right to Opt-Out. You have the right to opt out of the Sale of your Personal Information, if applicable, and from sharing it with third parties. We have not, in the past twelve (12) months, Sold your Personal Information and do not anticipate doing so during the time this version of the Policy is posted.
2. Right to Deletion. You also have the right to request the deletion of the Personal Information that we have collected from you at any time. However, we may not be required to comply with such request under certain circumstances including, but not limited to, when the data is necessary for the underlying transaction, to comply with applicable law, to detect security incidents, to debug glitches, and for our internal purposes.
3. Right to be Free from Discrimination. In the event that you exercise one of your rights under the CCPA, you will not be discriminated by us in any way, including by the denial of services, providing you a different level of services, or charging you different prices or rates for the services, unless the change in price is reasonably related to the value you receive from your Personal Information.

To exercise your rights under CCPA, please email us at [support@nanoconda.com] with your name and email address with “California Do Not sell” in the subject line.

Notice to Nevada Residents

If you are a Nevada resident, we do not “sell” your “covered information” as such terms are defined in the Nevada Privacy of Information Collected on the Internet from Consumers Act as amended by Nevada Revised Statutes Chapter 603A (“Nevada Privacy Law” or “NPL”). Though we do not sell your covered information, as someone that is subject to the NPL, you have a right of access in relation to the covered information of yours that we have or process, including why we process it, and other parties with whom we may share such information. If you would like to tell us not to sell your information in the future, please email us at [support@nanoconda.com] with your name and email address with “Nevada Do Not sell” in the subject line.

Notice to Texas Residents

If you are a Texas resident, the Texas Data Privacy and Security Act grants you certain rights over your personal data, including:

• Right to know whether a company is processing your personal data and to obtain the personal data in a readable format;
• Right to correct inaccuracies in your personal data, taking into account the nature of the data and the purposes for processing the data;
• Right to delete personal data provided by you or obtained about you;
• Right to opt out of the processing of personal data for purposes of targeted advertising, sale of personal data, or profiling that has legal or significant effects;
• Right to not face retaliation or discrimination for exercising these rights. 
• Sensitive data (e.g., biometric, health, or geolocation data) cannot be processed without your explicit consent.

To exercise your Texas resident rights, please email your request to [support@nanoconda.com] (please include “Privacy Rights Request” in the subject line).

Exercising Your Rights

We will acknowledge receipt of your request to exercise your privacy rights emailed at [support@nanoconda.com] within 10 business days of receiving it, and will do our very best to respond within 30 calendar days of receipt of your request. If we are unable to provide our response within the 30 days, we shall notify you as soon as we become aware of the possible delay and provide an explanation of why additional time is needed to respond. Additional time for response may not exceed 45 days.

Before we respond to any requests relating to your personal information, we may take steps to reasonably verify the identity of the person making the request (“Requestor”) to make sure it’s you, or your authorized agent. We do this to avoid disclosing your information to third parties and bad actors, not to inconvenience you in any way. The more sensitive the information subject to the request, the more rigorous the verification may be. If the identity of the Requestor cannot be reasonably verified, either as the consumer or their agent, then in order to protect that consumer, we shall not disclose the personal information requested.

Our response to your request shall be free of charge, up to twice annually per consumer, unless the request is unfounded, excessive, or repetitive, in which case you may be charged a reasonable administrative cost. 

If we decline your request, we will provide you with notice of that decision, including a justification for the declination. For Texas residents, instructions on how to appeal the decision shall be provided.

Changes to this Policy

Because our business needs may change over time, we reserve the right to modify this Policy. If at any time in the future we plan to use your PII in a way that differs from this Policy, we will revise this Policy as appropriate. In the event of a change to this Policy, we will post the revised Policy to the Site. Your continued use of the Platform following changes to this Policy shall mean you accept such changes. Please refer to the “Last Updated” above to see when this Policy was last updated.

In the event of a merger, acquisition, or sale of assets, we will notify you via a prominent notice on our Platform of any changes to data ownership and provide options for managing your personal data.

Customer Service Address

If you have any questions or concerns about this Policy, you may contact us as follows:

The primary User support channel for all elements of the Platform is via email at:support@nanoconda.com.

General enquires may be addressed to support@nanoconda.com.

Content removal requests may be addressed to support@nanoconda.com.

Copyright © Nanoconda. All rights reserved. The Platform is the property of Nanoconda, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Platform, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.