Privacy Policy

(Last updated on February 23, 2023)

Welcome!

Welcome to the Ether Capital website at https://ethcap.co/ (the “Website”) which includes all subpages and subdomains, present and future. We also welcome you to the Ether Capital staking dashboard at https://dashboard.ethcap.ca (the “Dashboard”).  We are pleased that you have chosen to visit us and / or use the Website or Dashboard. 

Ether Capital takes your privacy and security of personal data very seriously. We have provided and will continue to provide a secure environment and this Privacy Policy (the “Policy”) that describes the limited ways your information is used and the limited access to such information. We ask that you read it carefully. 

Key Elements of this Policy

Here are the key elements of this Policy so you can know the important parts right away to make an informed decision about your consent for our collection, use and disclosure of your personal data. By submitting any personal data to us via any means, you consent to such collection, use and disclosure. You can find the details in the rest of the Policy.

Some Terms

Before we get started with the details, here are a few terms we think you should know as you read this Policy.

“Data Protection Laws” refers to the laws that are designed to protect your personal data and privacy in the place where you live. These include: (1) the “GDPR”, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council; (2) “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada; (3) the California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act which applies to our activities in the United States in certain circumstances; and (4) the “UK GDPR” which applies to our activities in the United Kingdom; please note that when this Policy refers only to the “GDPR”, this includes the UK GDPR as applicable. Ether Capital is committed to adhering to all these laws, and any other applicable Data Protection laws. 

“Personal data” – this is information we collect from you or about you and which is defined in the GDPR as “any information relating to an identified or identifiable natural person.” It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under PIPEDA and the CCPA, the equivalent concept is “personal information”, which is roughly the same. Any mention of “personal data” in this Policy shall also mean personal information. 

About Us and Contacting Us

Ether Capital Corporation (“Ether Capital”), who owns and operates the Website and Dashboard, is a Canadian corporation located in the Province of Ontario, Canada, with an office at the address listed below. Where this Policy refers to “Ether Capital”, it may refer to Ether Capital and / or its affiliates, and their respective officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to Ether Capital. In this Policy a website visitor, or a “Dashboard User” may be referred to as “you”.

Under the GDPR, Ether Capital is a “data controller”. That means we collect personal data directly from you and determine the purpose and means of “processing” that data. “Processing” is a broad term that means collection, use, storage, transfer or any other action related to your personal data; it is used in this Policy in that way.

If you want to ask us anything about what’s in this Policy, or anything else privacy- or data- related, or exercise any of your available privacy rights, you can contact:

Ether Capital Privacy and Data Protection Officer
[email protected] 

or:

Ether Capital Privacy and Data Protection Officer
130 Adelaide Street West, Suite 3100
Toronto, Ontario
Canada
M5H 3P5

Your Rights 

You have the following rights regarding your personal data held by Ether Capital, and other privacy rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws where you are located that apply to you. These rights may be exercised without affecting any prices or costs charged by Ether Capital, if any. Please note that exercising certain of these rights may affect your ability to use some or all of the Website or Dashboard. 

• The right to withdraw at any time your consent for Ether Capital to process your personal data;
• The right to have your personal data erased from Ether Capital’s records;
• The right to access your personal data and any relevant information around its processing and use; 
• The right to have a copy of your personal data given to you in an easy-to-read format so that you can transfer it to any data controller or data processor;
• The right to have your personal data corrected or updated if you believe it is inaccurate or out of date;
• The right to opt out of marketing communications we send you, at any time;
• The right to know whether Ether Capital shares your personal data (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our Privacy and Data Protection Officer if you need additional information or clarifications;
• The right to demand that Ether Capital not sell your personal data. Please note that Ether Capital does not sell your personal data;
• The right to restrict the processing of your personal data if it is inaccurate or if our processing or use of it is against the law; and 
• The right to refuse any marketing or advertising targeted at you by Ether Capital.

If you wish to exercise any of these rights, please contact our Privacy and Data Protection Officer at the contact information above, or refer to certain relevant sections further in this Policy. 

Personal Data Collected from You and What We Use It For

In the table below, please find all the personal data we may collect from you directly, what we use it for, and the legal basis under the GDPR for us having and processing this personal data. Under PIPEDA and the CCPA, the legal basis is your informed consent, and by submitting this personal data you acknowledge having granted this consent to Ether Capital.

Personal Data Collected About You from Third Parties and What We Use It For

Ether Capital does not routinely collect personal data about you from third parties, except for the following limited situations:

1. Ether Capital uses a third-party service, HubSpot, to collect the Dashboard User information described above. So technically they are a third party collecting personal data about you, but on our behalf. You can read more about how HubSpot treats your personal data in their privacy policy; and 
2. To the extent that advertising and analytics identifiers are generated from third parties, these may be considered personal data collected from third parties, and you can find details about that further below in this Policy.

Sensitive Personal Data

We do not collect any of what the GDPR considers sensitive personal data from you, unless you voluntarily submit it to us via email or via other method, which we encourage you not to do. 

Who We Transfer Your Personal Data To

We routinely share some of your personal data with certain types of third parties who are identified in the table below along with what they do with it. Some of those third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area or the U.K. — please see the Transfer of Your Personal Data Outside of the European Economic Area section further down in this Policy for more information including on how we safeguard your personal data when this occurs.

We will share personal data with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person; or (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website or Dashboard infrastructure or the Internet in general (such as voluminous spamming or denial of service attacks). 

We may also share personal data: (1) to a parent company, subsidiaries, joint ventures, or other companies under common control with Ether Capital (in which case we will require such entities to honour this Policy); (2) if Ether Capital merges with another entity, is subject to a reorganization, sells or transfers all or part of its business or assets (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

We will never share your personal data with other third parties except under these circumstances. We do not sell or rent your personal data to any third party for direct marketing purposes or any other purpose. 

Email Communications and Compliance with Anti-Spam Laws

Ether Capital uses HubSpot to manage our mailing list and send out our general newsletter and corporate update newsletter (the “Email Service Provider”). Personal data is transferred to the Email Service Provider in order to manage the mailing list and for the newsletters to be sent out properly by email. Your newsletter information is only used to send out newsletters; the Email Service Provider does not use this personal data for any other purpose, and will not transfer or sell your personal data to any other third party. 

You may unsubscribe from the mailing list and stop receiving the newsletter at any time, by following the link at the bottom of Ether Capital newsletters. 

Ether Capital’s practices in regards to its email are designed to be compliant with anti-spam laws, including but not limited to the law unofficially called “CASL”, or Canada’s Anti-Spam Law (S.C. 2010, c. 23). If you believe you have received email in violation of these laws, please contact our Privacy and Data Protection Officer using the contact information further up in this Policy.

Ether Capital Advertising and Opting Out

Ether Capital is continuously evaluating and modifying our use of various advertising networks, which may change from time to time. In this section you will find all the advertising networks that Ether Capital currently uses and instructions for opting out of them. You may also opt out or decline such advertising by refusing or deleting the appropriate cookie, as described further in this Policy. We will always update this Policy if we use additional advertising networks.  

Ether Capital uses the Google AdWords and Display Network and by visiting the Website you consent to this use if you have accepted the cookie. Specifically, Ether Capital may use the remarketing features of interest-based advertising of Google AdWords that delivers you advertisements that will be of particular interest to you, based on your browsing and activity history interacting with the Website. These advertisements will appear on third-party websites around the web. Google uses specific cookies to allow them to serve these ads around the web. You may prevent this type of advertising by deleting the appropriate Google cookie through your browser after accepting the cookie in the first place, though this may not be permanent. For a more permanent solution, you may opt out of such Google advertising by adjusting your Google ad settings or using the WebChoices online opt-out tool. 

Ether Capital also advertises using Twitter Ads, to display advertisements to you about Ether Capital on Twitter that will be of interest to you, and by visiting or using the Website you consent to this use if you have accepted the cookie. You may opt out of such Twitter advertising by following Twitter’s instructions or using the WebChoices online opt-out tool. 

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Ether Capital automatically collects certain information using the “Third-Party Analytics Programs” HubSpot, Google Analytics, Microsoft Clarity and Amplitude to  help us understand more about our site visitors and Dashboard Users and how they use the Website and Dashboard, but none of this information identifies you personally, except via an alphanumeric string. For example, each time you visit the Website or Dashboard, we automatically collect (as applicable) your IP address, browser and computer or device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of Website visitors and Dashboard Users in the aggregate, and to serve you content in the appropriate language. Ether Capital also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and Dashboard, the specific pages on the Website and Dashboard, and users with a view to introducing improvements to the Website, Dashboard and our activities. 

We also use the Third-Party Analytics Program Sentry to monitor and analyse performance of the Dashboard generally. 

Your IP address and other relevant information we collect using the Third-Party Analytics Programs may be used in order to trace any fraudulent or criminal activity.

Tracking Technology (“Cookies”) and Related Technologies

Ether Capital uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Website and Dashboard. Cookies are small text files placed on your computer or device when you visit a website, in order to track use of the site and to improve the user experience by storing certain data on your computer.  By visiting or using the Website or Dashboard you agree to their use, but only if you explicitly consent to such use. 

Specifically, we use cookies and related technologies for the following functions:

• To facilitate online advertising, as described above in this Policy;
• To provide general internal and user analytics and to conduct research to improve the content of the Website and Dashboard, and monitor the performance of the Dashboard, using the Third-Party Analytics Programs as described above in this Policy; 
• To facilitate your logging in to the Dashboard; and
• To assist in identifying possible fraudulent activities.

Your browser can be set to refuse cookies or delete them after they have been accepted and stored. You can refer to your browser’s help section for instructions, but here are instructions for the most commonly-used browsers and operating systems:

• Google Chrome
• Mozilla Firefox
• Microsoft Edge
• Opera
• Apple Safari
• iOS
• Android

Please note that deleting these cookies may reduce your user experience on the Website or Dashboard. Furthermore, deleting cookies may prevent certain functions from working at all. 

How We Protect Your Personal Data

We have implemented strict technical and organisational procedures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed by us. These procedures prevent your personal data from being lost; or used or accessed in any unauthorised way.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws requires us to do so, and within the time frame required by the applicable Data Protection Law.

Ether Capital uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including personal data) secure. In addition, we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Website, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Ether Capital uses Hetzner and Wix who have very strict security protocols, for hosting of the Website, Dashboard and related data, and collection and storage of data including personal data.

Finally, all information, including personal data, is transferred with encryption using Secure Sockets Layer (“SSL”) or Transport Layer Security (“TLS”), robust security standards for Internet data transfer and transactions. You can use your browser to check Ether Capital’s valid SSL security certificates on the Website and Dashboard.

Transfer of Your Personal Data Outside of the European Economic Area (EEA) and the U.K.

For our European users, we endeavour to keep your personal data inside the EEA or the U.K. (as applicable). Furthermore, the Website and Dashboard are hosted in the EEA (in Finland).

Certain of our data processors (and Ether Capital) are in other countries where your personal data may be transferred. However, these countries are limited to countries with particular circumstances that protect your data, specifically:

• Canada. We transfer personal data to our operations in Canada, but Canada has been determined to have an “adequate level of protection” for your personal data under European data protection law. 
• The United States. Your personal data is only transferred to companies in the United States that: (1) have signed agreements with us or have informed us that they are GDPR-compliant; and (2) have concluded the Standard Contractual Clauses for the transfer of personal data outside the EEA and the U.K.. 

That’s it! You have the right, however, to refuse to have your data transferred outside the EEA or the U.K. Please contact our Privacy and Data Protection Officer to make that request. Please note that making this request may prevent you from being able to use certain portions of the Website or Dashboard.

Supervisory Authorities and Complaints

If you are in the EEA or the U.K., under the GDPR you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Privacy and Data Protection Officer, or if you would like to make a complaint directly about Ether Capital’s data practices, we invite you to contact the supervisory authority in your country. 

If you are in the U.K., you should contact the Information Commissioner’s Office who is the supervisory authority. You can reach them in a variety of ways, including by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact the Commission Nationale de l’Informatique et des Libertés which is the supervisory authority there. Their contact information can be found here. 

The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA can be found here. 

If you are in Canada and you are not satisfied with the response received or the actions taken by our Privacy and Data Protection Officer, you can make a complaint to the Office of the Privacy Commissioner of Canada. Instructions on how to do so can be found on their website. 

Data Retention

Your personal data will only be kept for as long as it is necessary for the purpose needed for that processing. For example, we will only retain your Dashboard User information for as long as you continue to use the Dashboard. 

Automated Decision-Making

Ether Capital does not use any automated decision-making processes with regard to your personal data in providing the Website or Dashboard.

Children’s Privacy Statement

The Website is not intended for children under the age of 16. We do not knowingly collect any personal data from a child under 16. If we become aware that we have inadvertently received personal data from a person under the age of 16 through the Website, we will delete such information from our records.

Changes to This Privacy Policy

The date at the top of this page indicates when this Policy was last updated. Every now and then, we will have to update this Policy, and we will update it no less than once every 12 months. You can always find the most updated version at this URL, and we will always post a prominent notice on the Website if we make significant changes, and use reasonable efforts to contact you if we have your contact information, for example if you are a Dashboard User. 

© Ether Capital Corporation 2023