DATA PROTECTION DECLARATION

The protection of your privacy is a high priority to us. The following declaration is intended to inform you about the details of personal data we collect while using our services. Besides, we want to brief you about how we process/protect the data and which rights you have within this context. Our Data Protection Declaration complies with the General Data Protection Regulation of the European Union (" GDPR ").  

1.1 Data Processing   

Barginex process personel information and data in order to fulfill its legal obligations. If you do not want to use the website because of processing data, you can close your account. Data collection and processing are conducted by Barginex LLC  

In the course of this registration, we collect and process:  

First name  

Surname  

E-mail Adress  

Country of origin  

IP address  

1.2 Legal Basis and Purpose of Data Processing 

The processing is necessary for the purposes of the legitimate interests pursued by Barginex in accordance with Article 6 paragraph 1 (f) of the GDPR (  legitimate interest ), namely:  

Identity verification and geolocation tracking;  

Prevention of fraud, money laundering and other illicit activities; and  

Regulatory compliance under U.S. law.  

A detailed breakdown of which data are collected and processed within the framework of which processing on what legal basis and for what purpose can be found in the record of data processing activities.  

2. Data Storage and Deletion   

Your personal data will only be kept by us as long as reasonably deemed necessary by us to achieve the purpose of performance of the contract and as permitted by applicable law. We store the personal data in any case as long as legal storage obligations exist or limitation periods for potential legal claims have not yet expired. If the storage of the data is no longer required for the purposes of the original collection (or within the scope of a legally permissible change of purpose) and there are no legal provisions to the contrary, we will arrange the data deletion. For this purpose, we have implemented a deletion concept that records all personal data.   

3. Data Transmission   

For the purposes explained in this Data Protection Declaration, we will transfer your (personal) data to recipients of the following categories:  

Within our organization, those departments or employees who need your data to fulfill their contractual or legal obligations and as a result of data processing based on our legitimate interests, we will receive it.  

Furthermore, (external) contractors to whom Barginex buy service from, receive your data if they require the data to provide their respective service (whereby access to personal data is sufficient). Such contractors cannot acquire the any kind of data (for example, your IP or how many digital assets you have).  

 All contractors are contractually obliged to treat your data confidentiality and to process it only within the scope of the provision of services. This includes the following categories of recipients:  

• Marketing  

• Software Development  

• Consulting  

• Hosting Provider  

• Customer Support  

• Payment Provider  

• IT-Support  

• Analytics  

• Social Media  

If we use contract processors, they are bound to our data protection practice as previously mentioned and will treat your personal data strictly confidential. Under no circumstances will they transmit your data to third parties or use it for purposes other than those intended to fulfill their obligations towards Barginex or in accordance with our express instructions without our express consent or if we are obligated by an authority.  

Under certain circumstances, we may be required to disclose your personal data in response to valid requests by public authorities (including law enforcement authorities in the United States) to meet national security or law enforcement requirements.  

Some of the recipients mentioned above are located outside the EU or process your (personal) data there. However, we take measures to ensure that all recipients have an adequate/necessary level of data protection. To this end, we conclude standard contractual clauses, for example, which data can be submitted on request. Alternatively, we use providers that are certified according to the EU-US Privacy Shield and for this reason, have an appropriate/necessary level of data protection according to the GDPR (according to the adequacy decision of the European Commission).    

4. Rights of the Data Subject   

A central aspect of data protection regulation is the implementation of adequate opportunities to allow for the disposition of personal data even after such data has been processed.  

   

For this purpose, a series of rights of the data subject are set in place. Barginex shall comply with your corresponding requests to exercise your rights without undue delay and in any event within 1 (one) month after receipt of the request. To exercise your rights, please contact us [email protected]  

Specifically, the following rights are entailed:  

a) If you exercise your right to information and there are no legal restrictions, we will inform you in detail about our processing of your data. To this end, we will send you (i) copies of the data (emails, database extracts, etc.), as well as information on (ii) specifically processed data, (iii) processing purposes, (iv) categories of processed data, (v) recipients, (vi) the storage period or criteria its determination, (vii) the origin of the data and (viii) further information as the case may be. Please note, however, that we cannot hand over any documents that could impair the rights of other persons.  

b) With the right to correct, you may request that we correct incorrectly recorded, incorrect or (for the respective processing purpose) incomplete data.   

Your request will then be reviewed and the data processing concerned may be restricted upon request for the hall period of active inquiry.  

c) The right to (data) deletion may be exercised (i) in the absence of any need for processing purposes, (ii) in the event of the revocation of a consent granted by you, (iii) in the event of a special objection, provided that the data processing concerned is based on the legitimate interests of Barginex, (iv) in the event of unlawful data processing, (v) in the event of a legal obligation to delete and (vi) in the event of data processing by minors under 16 years of age.  

d) In special cases, there is an accompanying right to restrictions, after the exercise of which the data concerned may be stored. In addition to the possibility of restricting the examination period for data corrections, (i) the unlawful data processing (if no deletion is requested) and (ii) the duration of the examination of a special request for objection are covered.  

e) With the right to data portability, you may request to receive the data in a structured, commonly used and machine-readable format and transmit those data to another controller.  

f) In addition, you have a right to object to data processing. However, this only applies if the processing is not based on the legitimate interest/legally binding issues of Barginex.    

g) You may also exercise your right of appeal to the related Supervisory Authority.  

Please also note that we may not be able to comply with your request due to compelling reasons worthy of protection for processing (balancing of interests) or processing due to the assertion, exercise or defense of legal claims (on our part). The same applies in the case of excessive requests, whereby a fee may be charged here as well as in the processing of manifestly unfounded requests.  

5. Data Security   

Barginex takes all appropriate technical and organizational measures to ensure that only personal data whose processing is absolutely necessary for business purposes are processed by default. The measures we have taken concern both the amount of data collected, the processing scope and its storage period and accessibility. On the basis of these measures, we ensure that personal data by default is only made available to a narrowly limited and necessary number of persons. Under no circumstances will other persons be granted access to personal data without the express consent of the data subject. We also use various protection mechanisms (backups, encryption) to secure the Website and other systems. This should serve to protect your (personal) data as best as possible from loss or theft, destruction, unauthorized access, alteration, and dissemination.  

All Barginex employees have been sufficiently informed of all applicable data protection regulations, internal data protection regulations and data security precautions and are required to keep secret all information entrusted or made available to them in the context of their professional employment. The requirements of the GDPR are strictly observed and personal data is only made available to individual employees insofar as this is necessary with regard to the purpose of data collection and our obligations arising therefrom. If we use contractors, they are also obliged to comply with all applicable data protection regulations on the basis of specific framework agreements. Furthermore, when handling your (personal) data, they are strictly bound to our guidelines, in particular with regard to type and scope.  

6. links to Websites of Third Parties   

As far as the Website contains external links, we hereby indicate that these third-party websites are not subject to the influence and control of Barginex.   

We disclaim all liability for losses or obligations related to the use of these third-party websites. We are not responsible for the contents, availability, correctness, or accuracy of these websites, nor for their offerings, links, or advertisements.  

7. Right of Appeal   

If you are of the opinion that we violate applicable data protection laws when processing your data, you have the right to file a complaint with the relevant national data protection authority.  

The requirements for such a complaint are based on the respective national implementation law of the GDPR, as the GDPR itself does not provide for any regulation in this respect. However, we kindly ask you to contact us in advance in order to clarify any questions or problems.  

8. Changes of this Data Protection Declaration   

We may amend or revise our data protection declaration at any time due to changes in legislation, company data policy or etc. In the event of such a change, you will be notified by email in due time to the address provided by you. You will be asked to agree to these changes. If you do not agree to such changes, you will be prohibited from further use of our services.  

In such a case we remain committed to protecting your information and data.   

9. Contact Details Regarding Data Protection Issues   

In case you have any questions or requests concerning our data protection practices or if you would like to exercise your right of information, rectification or deletion, please send us a written request to [email protected]