EXPERT APP PRIVACY STATEMENT
In this Privacy Statement, the company B.V. (referred to below as “Expertier” or “we”/“us”) explains how – as the “controller” – it deals with the personal data it obtains and processes in connection with your use of the Expert App application for iOS and Android (the “App”).
Information that can be traced back to an individual is referred to as “personal data”. The collection, use, and storage of personal data is referred to as “processing”. By “you”/”you” we mean anyone who falls within the scope of this Privacy Statement, in particular people who use the App.
1. How we acquire personal data
In order to use the App, you need an account. We collect personal information from you, for example, because you provide it to us yourself when registering an account. But we also collect personal data through your use of our services, such as the App and third-party services that you use. We do not sell your personal information.
Information provided when creating an account If you want to use the App, we need certain information from you. If you don’t provide that information, you will not be able to use the App. The data about you that we process includes your contact details, name and phone number.
Data collected through your use of the App
We collect general information about how you use the App and how users of the App interact with our services, what their preferences are, and which settings they select. In some cases, we do so by means of pixel tags and similar technologies that create and store unique identifiers (see below). In addition, we may collect information about your mobile device, such as the model, operating system and version, preferred language, unique identifier, serial number, and mobile network information. When you interact with the App, we collect server logs, which may include information such as the device’s IP address, access data and times, App functions or pages viewed, App crashes and other system activities, the type of browser, and the third-party sites or services that you used before you interacted with the App. We do this in order to improve your user experience of the App. (See also section 4 below: Purposes and principles for processing personal data.)
2. Principles: the legal basis for using personal data
We are permitted to use personal data based on six different “principles” referred to in the relevant legislation:
- your consent;
- to comply with a statutory obligation;
- (exceptionally) to protect your “vital interests”;
- because of the need to process personal data to perform a public-interest task;
- because of our own “legitimate interests” or those of an organisation with which we share or may share your personal data.
3. What are “legitimate interests”?
We sometimes process personal data because of our own legitimate interests. When we do so is explained below. There are various kinds of legitimate interests. In the case of Pix, they include marketing, creating brand awareness of the organisation, communication, IT management and security, research/analysis of our own products or services so as to optimise the services that Pix offers you as a user of the App, operational management, legal matters, and internal management. We only process personal data on the basis of a “legitimate interest” if the processing does not unnecessarily impact your privacy. If you want to know how we weigh up the decision, please contact us (see also section 11: Contacting Pix).
4. Purposes and principles for processing personal data
We process your personal data (on the basis of the above principles) for the following purposes:
- to enable you to use all the functions of the App and to provide you with all the services that the App has to offer. If this involves sharing information about you with other users, then we will request your consent;
- to allow users to communicate with one another using chat and broadcast functions (this is in order to perform an agreement to which you are a party);
- to maintain and improve the App and the supporting IT systems, because of our legitimate interests;
- to enable making payments, sending receipts, providing products and services (and sending related service information), because of an agreement to which you are a party;
- to offer, organise and finalise prize campaigns and competitions, because of our legitimate interests and so as to perform an agreement;
- for advertising and marketing purposes because of our legitimate interests and when required on the basis of your consent;
- because we want to tell you about or make you aware of the work of Pix, because of our legitimate interests.
5. Sharing/acquiring data with/from third parties
Your personal data can be shared with:
- internal departments involved in the performance of our services;
- service providers that process payments on our behalf, for example because of our legitimate interests and to perform an agreement with you;
- service providers that provide communication and IT services and hosting providers;
- parties that assist us with our service provision but that are not processors (for example accountants and (legal) advisors), because of our legitimate interests;
- enforcement authorities, including investigation agencies, or other third parties, where we are required by law to do so; and
- (potential) purchasers or investors, for legitimate business purposes (such as the (potential) sale of operational activities or shares or a reorganisation).
Your data will only be passed on to the above third parties to the extent permitted by the applicable legislation and regulations.
Some of the third parties that we engage qualify as “processors” (for example hosting service providers, or parties organising or conducting campaigns or surveys). We make arrangements with such parties in accordance with the applicable statutory requirements.
The App sometimes uses information from third parties or external sources, for example in the case of certain cards relating to your use of another app or service. This is then clearly indicated.
6. Your consent
As already noted above, in a number of cases we need your unambiguous consent before we can carry out certain processing of personal data (or have it carried out). If such consent is required, we will ask you for it, outside the scope of this Privacy Statement. We may need your consent, among other things, for the following processing operations:
- if data is placed and/or read out on your device (phone, tablet, etc.) with the help of the App and that is not necessary for technical operation of the App;
You are free to decide whether or not to give your consent, if consent is applicable. If you do give consent, you can withdraw it whenever you wish. Not giving consent, or withdrawing it, may have consequences for the provision of services by Pix. For example, you won’t be able to fully use the App if you don’t share any information with other users.
7. Transfer of data to countries outside the EEA
Your personal data may sometimes also be transferred to (or stored by) a recipient outside the European Economic Area (EEA), for example our service provider Google Cloud, which stores data in the US. The countries where such recipients are located may have different rules regarding the use and protection of personal information. If those rules do not ensure an appropriate level of protection, we will make sure that additional safeguards have been agreed on. For example, we will use US service providers (such as Google) that have voluntarily submitted to the EU-US Privacy Shield, and in other cases we will normally use EU model agreements for the transfer of personal data. Please contact us if you want a copy of the relevant safeguards.
8. Your rights, including the right of objection
You have the right to know what personal data we hold about you and for what purposes. You also have the right to access that data and correct it where necessary. If you have given your consent, you can withdraw it at any time, with the relevant processing then being stopped from that point on. In certain cases, you may have the right to object to processing that relates to direct marketing and processing based on the “legitimate interest” principle, and to ask us to restrict the use of your personal data or to delete or transfer it (“data portability”). You also have the right to lodge a complaint with the (Dutch) Data Protection Authority [Autoriteit Persoonsgegevens] (the “DPA”). You can only exercise these rights to the extent that the applicable legislation grants them to you.
You can exercise the above rights (with the exception of the right to lodge a complaint) by sending a request by email to email@example.com. We reserve the right to reject certain requests if that is legally permissible.
9. Retention period
We basically retain your personal data no longer than is necessary for the purposes for which it was obtained and to comply with our statutory obligations. This generally means that your personal data will be retained for as long as one of the following situations applies:
- your personal data is needed because you have an account, or because we provide you with services in some other way;
- your personal data is necessary so as to protect our rights (normally for the duration of the applicable statutory limitation period); or
- we are required by law, for example tax legislation, to retain your personal data, in which case a period of 7 years after the end of our relationship with you will often apply.
10. Amendments to this Privacy Statement
We can amend or supplement this Privacy Statement unilaterally. If required by law, we will announce the relevant changes.
11. Contacting Us
If you have questions and/or remarks regarding this Privacy Statement or the processing of personal data, you can contact Expertier by email at firstname.lastname@example.org.
This Privacy Statement was most recently updated on 1 July 2023.
Legal Disclaimer Website
This website and the whitepaper published on this website do not constitute advice nor a recommendation by Expertier B.V., its officers, directors, managers, employees, agents, advisors or consultants, or any other person to any recipient of this document on the merits of the participation in the ITO.
Participation in the ITO carries substantial risk and may involve special risks that could lead to a loss of all or a substantial portion of such an investment. Do not participate in the ITO, unless you are prepared to lose the entire amount you allocated to purchasing TOE tokens.
TOE tokens should not be acquired for speculative or investment purposes with the expectation of making a profit or immediate resale. No promises of future performance or value are or will be made with respect to TOE tokens, including no promise of inherent value, no promise of continuing payments, and no guarantee that TOE tokens will hold any particular value. Unless prospective participants fully understand and accept the nature of Expertier B.V. and the potential risks inherent in TOE tokens, they should not participate in the ITO.
TOE tokens are not being structured or sold as securities. TOE tokens are sold as a Utility Token, a functional good and all proceeds received by the Expertier B.V. may be spent freely by it, absent any conditions set out in this whitepaper. This whitepaper is not a prospectus or disclosure document and is not an offer to sell, nor the solicitation of any offer to buy any investment or financial instrument in any jurisdiction and should not be treated or relied upon as such. This whitepaper is for information only. Written authorisation is required for distribution of any or all parts contained herein.
All information here that is forward-looking, is speculative in nature and may change in response to numerous outside forces, including technological innovations, regulatory factors, and/or currency fluctuations, including but not limited to the market value of cryptocurrencies. This whitepaper is for information purposes only and is subject to change. Expertier B.V. cannot guarantee the accuracy of the statements made or conclusions reached in this document. Expertier B.V. does not make, and expressly disclaims, all representations and warranties (whether express or implied by statute or otherwise) whatsoever, including but not limited to:
• any representations or warranties relating to merchantability, fitness for a particular purpose, suitability, wage, title or non-infringement;
• any representation or warranties to the effect that the contents of this document are accurate and free from any errors; and
• any representations or warranties that claim, explicitly or implicitly, that such contents do not infringe any third party rights.
Expertier B.V. shall have no liability for damages of any kind arising out of the use, reference to or reliance on the contents of this document, even if advised of the possibility of such damages. Where this whitepaper may include references to third party data and industry publications, Expertier B.V. believes that this industry data is accurate and that its estimates and assumptions are reasonable: however, Expertier B.V. offers no assurances as to the accuracy or completeness of this data. Third party sources generally state the information contained therein has been obtained from sources believed to be reliable; however, there are no assurances as to the accuracy or completeness of included information. Although the data are believed to be reliable, Expertier B.V. has not independently verified any of the data from third party sources referred to in this whitepaper or ascertained the underlying assumptions relied upon by such sources.
Please note that Expertier B.V. is in the process of undertaking a legal and regulatory analysis of the functionality of its TOE tokens. Following the conclusion of this analysis, Expertier B.V. may decide to amend the intended functionality of its TOE tokens in order to ensure compliance with any legal or regulatory requirements to which we are subject. In the event that Expertier B.V. decides to amend the intended functionality of its TOE tokens, Expertier B.V. will update the relevant contents of this whitepaper and upload the latest version of this to its website.
Any TOE tokens could be impacted by regulatory action, including potential restrictions on the ownership, use, or possession of such tokens. Regulators or other circumstances may demand that the mechanics of the TOE tokens be altered, either in whole or in part. Expertier B.V. may revise mechanics to comply with regulatory requirements or other governmental or business obligations. Nevertheless, Expertier B.V. believes it has taken all commercially reasonable steps to ensure that its planned mechanics are proper and in compliance with currently considered regulations.
CAUTION REGARDING FORWARD LOOKING STATEMENTS
This section outlines Expertier B.V.’s policy regarding instances in this whitepaper which contain forward looking statements or information (collectively “forward looking statements”) relating to Expertier B.V.’s current expectations and views of future events. In some cases, but not all, these forward-looking statements can be identified by words or phrases such as “may”, “will”, “expect”, “anticipate”, “aim”, “estimate”, “intend”, “plan”, “seek”, “believe”, “potential”, “continue”, “is/are likely to” or the negative of these terms, or other similar expressions intended to identify forward-looking statements. Expertier B.V. has based these forward-looking statements on its current expectations and projections about future events and financial trends that it believes may affect its financial condition, results of operations, business strategy, financial needs, or the results of the ITO or the value or price stability of the TOE tokens.
In addition to statements relating to the matters set out here, this whitepaper contains forward-looking statements related to Expertier B.V.’s proposed operating model. The model speaks to its objectives only, and is not a forecast, projection or prediction of future results of operations.
Forward-looking statements are based on certain assumptions and analysis made by Expertier B.V. in light of its experience and perception of historical trends, current conditions and expected future developments and other factors it believes are appropriate, and are subject to risks and uncertainties. Although the forward-looking statements contained in this whitepaper are based upon what Expertier B.V. believes are reasonable assumptions, these risks, uncertainties, assumptions, and other factors could cause Expertier B.V.’s actual results, performance, achievements, and experience to differ materially from its expectations expressed, implied, or perceived in forward-looking statements. Given such risks, prospective participants in an ITO should not place undue reliance on these forward-looking statements. Risks and uncertainties include, but are not limited to those identified in the ITO’s T&Cs. These are not a definitive list of all factors associated with making a contribution to Expertier B.V. or any part of its operations.
Expertier B.V. undertakes no obligation to update any forward-looking statement to reflect events or circumstances after the date of this whitepaper. Expertier B.V.’s business is subject to various laws and regulations in the countries where it operates or intends to operate. There is a risk that certain activities of Expertier B.V. may be deemed in violation of any such law or regulation. Penalties for any such potential violation would be unknown. Additionally, changes in applicable laws or regulations or evolving interpretations of existing law could, in certain circumstances, result in increased compliance costs or capital expenditures, which could affect Expertier B.V.’s profitability, or impede Expertier B.V.’s ability to carry on the business model and the TOE token model proposed in this whitepaper.
Citizens and/or residents (including green card holders) in the following countries are ineligible to purchase TOEs in the token sale referred to in this website and whitepaper and elsewhere in Expertier B.V.’s promotional material:
• United States of America
• People’s Republic of China
• North Korea
• South Korea
This website and whitepaper, in whole or in part (including copies), should not be transmitted to or disseminated in any country or jurisdiction, where such action involving this whitepaper and/or any or all of its contents is prohibited.