Privacy Notice

Last Updated

04.11.2024

Welcome! This Privacy Notice explains how Xocolatl Finance (“Xocolatl,” “Company,” “we,” “us,” or “our”) collects, uses, discloses, and otherwise processes personal information in connection with our websites, including https://www.xocolatl.finance and other websites we own and operate that link to this Privacy Notice (collectively, the “Sites”). It also covers the related services, products, and other functionalities offered through our online platform (collectively, the “Services”). This notice does not cover our privacy practices relating to employees or other personnel.

Blockchain Participants

Please note that due to the public nature of the blockchain, the holdings and transactions associated with your cryptocurrency wallet address are publicly available and accessible to third parties. This may include, but is not limited to, your public sending and receiving addresses, transaction amounts, and any other data you choose to include in a transaction. Blockchain data is immutable and cannot be modified or deleted, which may allow third parties to correlate information now or in the future. Please carefully consider how privacy and transparency on the blockchain function before transacting.

1. Our Collection of Personal Information

We collect personal information in connection with your visits to and use of the Services. This may include information you provide, data from third parties, and information collected automatically through cookies and other technologies.

Personal Information Collected from Individuals

We may collect the following personal information directly from you:

Account Information: To use certain features of our platform, such as interacting with lending or borrowing functionalities, you may need to establish an account. This may involve collecting your email address, public blockchain address, and social media handle, if applicable. We use this information to administer your account, provide services, and communicate with you regarding your account and the Services.
Transaction Information: If you use our lending or borrowing features, we may collect data related to transactions, including your public blockchain address, asset balances, transaction amounts, and metadata associated with transactions.
Communications: When you communicate with us through email or other forms, we may collect your name, email address, and any other personal information you choose to provide. This helps us respond to inquiries, improve our services, and support users.
Marketing Communications: If you sign up for updates or newsletters, we may collect your email address to send you relevant information. You can opt out of these communications by clicking “unsubscribe” at the bottom of the email.

Personal Information Automatically Collected

As with most online platforms, we and our third-party providers may collect information from your device and usage patterns automatically, including:

Log Data: This may include your IP address, browser type, operating system, referring URL, time spent on our Services, and errors encountered.
Analytics Data: Information about how you navigate our Services, including pages visited and time spent, may be collected to improve our platform.
Location Data: General geographic location based on your IP address.

To manage cookies, you can change your browser settings to control how cookies are used on your device. Disabling cookies may impact your experience with some features on our Services.

Personal Information from Third Parties

We may also collect information about you from third parties, including:

Blockchain Data Providers: If you connect a crypto wallet, we may collect your wallet address and related transaction data through third-party blockchain analytics providers.
Social Media or Other Platforms: If you interact with us on social media or other platforms (e.g., Twitter, Discord), we may collect information shared by the platform based on your privacy settings.
Business Partners: Information from business partners may include account or transaction data necessary to provide or improve our Services.
Other Sources: Publicly available sources, blockchain networks, or analytics providers may also provide additional information, which we use to provide or improve Services and understand our user base better.

2. Our Use of Personal Information

We may use personal information collected to:

Fulfill Service Requests: Meet the reason for which the information was provided, such as fulfilling contractual obligations and delivering our Services.
Business Operations: Manage and support our daily operations.
Authentication and Security: Authenticate account credentials, ensure account security, and identify users as necessary for secure access.
Communication: Connect with individuals via email or social media, including sending surveys about our Services.
Marketing and Advertising: Conduct marketing activities to promote products or services that may be of interest.
User Collaboration: Enable communication and file sharing among designated users.
Service Improvement: Test, enhance, monitor, and troubleshoot our Services.
Customer Support: Provide customer benefits and support, including via our command center.
Usage Analysis: Identify and analyze how users engage with our Services.
Research and Analytics: Conduct research and analytics to improve Services and better address user needs.
Safety and Security: Maintain the security, safety, and integrity of our technology, assets, and Services.
Employment Processing: Process employment applications, communicate during recruitment, and facilitate onboarding.
Legal Compliance and Enforcement: Fulfill legal and contractual obligations, resolve disputes, enforce agreements, and protect our interests and rights.
Transaction Auditing: Audit transactions linked to our Services.
Fraud Prevention: Detect, investigate, and notify of fraud or unlawful activity.
Other Purposes: Use for any lawful purpose, or as otherwise consented to.

Additional privacy information may be provided if a request falls outside the scope of this Privacy Notice.

3. Our Disclosure of Personal Information

We may disclose personal information as follows:

Affiliates: Share with companies under common ownership with us (ZeroEx subsidiaries or parent companies) when collaborating to provide Services.
Blockchain Participants: By nature of the blockchain, crypto wallet holdings and transactions are publicly accessible.
Contests and Surveys: Share with third parties that help administer contests, sweepstakes, and surveys.
Ad Networks and Partners: Share with advertising networks to deliver targeted ads and related services like reporting and market research (see our Cookie Notice for more).
Marketing Providers: Coordinate with marketing partners to communicate about our Services.
Customer Service Providers: Share with third parties that assist in handling customer inquiries.
Service Providers: Share with providers offering IT, website hosting, infrastructure, analytics, payment processing, and employment services on our behalf.
Business Transactions: Disclose information during business transitions like mergers, acquisitions, or asset sales, including in cases of bankruptcy or insolvency.
Legal Requirements: Disclose information for legal claims, compliance, fraud prevention, and the protection of rights and property.
With Consent: Disclose information publicly or to third parties with the individual’s consent or direction, such as posting testimonials.

4. Control Over Your Information

Email Communication Preferences: You can opt out of promotional emails by clicking "unsubscribe" in those emails. Note that you cannot opt out of service-related communications (e.g., account verification, transactional updates, technical and security notices).

Modifying or Deleting Information: For questions about reviewing, changing, or deleting your information, please reach out to us at info@xocolatl.xyz. Note that some information, especially blockchain data, may not be modified or deleted.

5. Children’s Personal Information

Our Services are not intended for children under 16. If you are under 16, please do not use our Services or provide personal information. Parents or guardians should contact us if they believe their child has provided personal information so that we can delete it. If we learn that we’ve collected information from a child under 16, we will promptly delete it.

6. Links to Third-Party Websites or Services

Our Services may link to third-party websites, plug-ins, and applications. This Privacy Notice does not cover the practices of these third parties. For information on how they handle personal information, please refer to their respective privacy policies.

7. Region-Specific Disclosures

Nevada: Nevada residents can request to opt out of the sale of certain information under Chapter 603A of the Nevada Revised Statutes. Although we do not currently sell covered information, you may submit a “Nevada Opt-Out Request” to info@xocolatl.xyz.

EEA, UK, and Switzerland: For users in the European Economic Area, United Kingdom, or Switzerland, please refer to the Additional European Economic Area, United Kingdom, and Switzerland Privacy Disclosures for region-specific information.

8. Updates to This Privacy Notice

We may update this Privacy Notice occasionally. The effective date will be updated, and for significant changes, we will notify you via email, a prominent notice on our Services, or other suitable channels. Changes take effect upon publication unless otherwise stated.

9. Contact Us

For questions or requests regarding this Privacy Notice or privacy matters, please email us at info@xocolatl.xyz.

Additional European Economic Area, United Kingdom, and Switzerland Privacy Disclosures

This section applies if you access our Services from the EEA, UK, or Switzerland:

Personal Data: “Personal data” refers to information related to an identifiable person.

Controller: ZeroEx, Inc. (575 Market St, San Francisco, CA 94105, USA) is the “controller” of your personal data, meaning we are responsible for its use in connection with our Services.

Legal Bases for Processing

We process personal information only under lawful bases:

Contract Performance: To fulfill contracts with you (e.g., when you become a customer or partner).
Legitimate Interests: For activities like responding to inquiries, analyzing service usage, and managing our marketing preferences.
Consent: Where you provide explicit or implied consent, such as signing up for newsletters or accepting cookies.
Legal Obligations: To comply with legal requirements for record-keeping, taxation, and similar regulations.

Data Retention

We retain personal information only as long as necessary based on:

Contractual Basis: Retained for the contract duration plus additional time as needed.
Legitimate Interests: Kept for a reasonable period, balancing our interests and your rights.
Consent: Retained until you withdraw consent or the agreement is fulfilled.
Legal Obligations: Stored for the required period to meet legal mandates.
Legal Claims: Information may be retained longer if there’s a potential or active legal claim.

Retention considers the amount and sensitivity of data and potential harm from unauthorized use.

Storing and Transferring Your Personal Information

Security: We employ technical and organizational measures to protect personal data. We will not contact you unsolicited to request sensitive information.

International Transfers: Personal data may be transferred outside your jurisdiction (e.g., to the U.S.). For transfers from the EEA, UK, or Switzerland, we ensure equivalent protection or use standard contractual clauses.

For more on these safeguards, contact us as indicated in the Privacy Notice.

Marketing and Advertising

We may send marketing messages by email, tailored based on your data if you’ve consented. You can opt out anytime via the unsubscribe link in emails or by contacting info@xocolatl.xyz.

Profiling

We may use your personal data to create a profile that helps us understand your interests and preferences, which allows us to enhance your experience with our services and share relevant information with you. We may also supplement this with information from external sources to improve our offerings and detect or reduce fraud. By entering data for specific purposes (detailed in the Privacy Notice), you give consent for ZeroEx personnel worldwide to view and update it.

Your Rights Regarding Personal Information

Under applicable privacy law, you have the following rights:

Access: Obtain details about our processing, including copies of your personal data.
Portability: Request a copy of your data in a machine-readable format or transfer it to another entity.
Erasure: Request deletion of your data if continued processing is not justified.
Restriction: Limit processing in certain cases, such as when data accuracy is disputed.
Withdraw Consent: If you’ve consented to processing, you may withdraw consent at any time.
Posthumous Rights: Provide instructions for your data’s handling after death or allow heirs to request deletion.
Objection: Object to processing based on legitimate interests, especially in marketing.

If you wish to exercise these rights, contact us at info@xocolatl.xyz. We may request proof of identity for security.

You may also file complaints with your local data protection authority, with contact information available for the EU, UK, and Switzerland.

Cookies and Similar Technologies

We use cookies, pixels, and other similar technologies to enhance your browsing experience, analyze usage, and customize content. Please refer to our Cookie Notice for more information on managing your cookie preferences.

Tracking in Emails

Our emails may contain tracking pixels that show when an email is opened, how many times it’s read, and any links clicked. This helps us improve the relevance of our marketing emails. Many email clients allow you to disable external images to block these pixels, and some browsers offer extensions for similar protection.

Processing Method

Personal data is processed using IT tools and/or manually, aligned strictly with specified purposes in the Privacy Notice. We also use automated mechanisms where relevant to process data according to these purposes.