Privacy Policy

K22N PRIVACY POLICY

Last updated: 05/28/2024

1. Introduction.

1.1. This Privacy Policy notice for You (or “Client”) how the K22N, a limited liability company formed under the laws of California (Employer Identification Number (EIN): 92-0317994) (the “Company”) describes how and why Company might collect, store, use, and/or share (“Process”) Your information when You use Company services (the "Services"), such as when You:

a) Use a K22N Crypto Wallet mobile application (the “App”), or any application of the Company that links to this Privacy Policy

a) Visit Company website at https://k22n.io (the “Site”), or any website of the Company that links to this Privacy Policy;

b) Engage with Company in other related ways, including any sales, marketing, or events.

This Privacy Policy does not apply to third-party websites, products, or services, even if the Company provide links to them or they link to the Company.

1.2. If you do not agree with this Privacy Policy, in general, or any part of it, You should not use the Site or Services. This Privacy Policy is periodically reviewed to ensure that any new obligations and changes to Company business model are taken into consideration. Company may amend this Privacy Policy at any time by posting an amended version on our website.

1.3. This Privacy Policy is an integral part of the Company Terms and Conditions (the “Terms”). By using the Services, You acknowledge and agree that you have read, understood, and accepted the Terms, including this Privacy Policy.

2. Definitions.

These terms have the following definitions in this Agreement:

Anti-Money Laundering	the collection of laws, law enforcement, processes, and regulations that prevent illegally obtained money from entering the financial system
Cryptocurrency Account	a digital means by which an individual can store, send, and receive cryptocurrencies
Customer Due Diligence (CDD)	a set of procedures used by financial institutions to collect and evaluate relevant information about individuals wishing to conduct financial transactions
Customer Identification Program (CIP)	a set of procedures that financial institutions must establish and follow to verify the identity of individuals wishing to conduct financial transactions
Enhanced Due Diligence (EDD)	a set of risk-based procedures and measures that financial institutions implement to gather additional information and conduct a more thorough analysis of individuals wishing to conduct financial transactions
Know Your Client (KYC)	a set of guidelines for verifying the identity of a client and gauging the associated risk of working with them
Company Terms and Conditions	an agreement that sets forth the respective rights and obligations between the Client and the Company
Personal Information	information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household

3. Personal Information collected by Company.

3.1. Company may collect the following categories of Personal Information directly from You:

a) Identification Information, such as name, email, phone number, postal address, and/or government-issued identity documents;

b) Payment Information, such as amount you send or request, your payment instrument, card, or financial or funding account used in connection with the Services, including issuer name, card type, country code, payment account number, debit/credit card numbers, username;

c) Correspondence, such as information that you provide to us in correspondence, including account opening and customer support;

d) Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information, such as images and videos collected for identity verification, audio recordings left on answering machines;

e) Biometric Information, such as scans of your face geometry extracted from identity documents;

f) Professional or Employment-related Information, such as job title, source of wealth;

g) Institutional Information, such as for institutional customers, we may collect additional information, including: institution’s legal name, Employer Identification Number (“EIN”) or any comparable identification number issued by a government, and proof of legal existence (which may include articles of incorporation, certificate of formation, business license, trust instrument, or other comparable legal document);

h) Sensitive Personal Information, such as government-issued identification numbers (which may include Social Security Number or equivalent, driver’s license number, passport number).

3.2. All personal information that You provide to Company must be true, complete, and accurate, and You must notify Company of any changes to such personal information.

3.3. Company automatically collects these types of information when You visit, use, or navigate the Site or Services:

a) Online Identifiers, such as IP address; domain name;

b) Device Information, such as hardware, operating system, browser, screen size;

c) Usage Data, such as system activity, internal and external information related to Company pages that you visit, clickstream information.

3.4. Company also may collect necessary mentioned in Sec. 3.1 types of Personal Information from third parties and, as an addition, this information:

a) Transaction Information, such as public blockchain data (bitcoin, ether, and other Digital Assets are not truly anonymous;

b) Credit and Fraud Information, such as credit investigation, credit eligibility, identity or account verification, fraud detection, or as may otherwise be required by applicable law;

c) Additional Information, as permitted by law or required to comply with legal obligations, which may include criminal records or alleged criminal activity, or information about any person or corporation with whom You have had, currently have, or may have a financial relationship.

4. How does Company process Personal Information.

4.1. Company process Your Personal Information for a variety of reasons, depending on how You interact with Services, including:

a) To facilitate account creation and authentication and otherwise manage Client accounts. Company may process Your information so You can create and log in to your account, as well as keep Your account in working order.

b) To provide You with Services. Company may use your Personal Information to provide You with Services pursuant to the terms of the Company Terms and Conditions Agreement.

c) To comply with legal and regulatory requirements. Company may process Your Personal Information as required by applicable laws and regulations, in particular to complete KYC, including CIP, CDD and EDD procedures.

d) To detect and prevent fraud. Company may process Your Personal Information to detect and prevent fraud on Your account, which is especially important given the irreversible nature of cryptocurrency transactions.

e) To send administrative information to You. Company may process Your information to send You details about Company products and Services, changes to Company Terms and policies, and other similar information, or to provide You with Client’s support, or to optimize Services.

f) To send You marketing and promotional communications. Company may process the Personal Information that You send for Company marketing purposes, if this is in accordance with Your marketing preferences. You can opt out of our marketing emails at any time.

g) To protect Services. Company may process your information as part of our efforts to keep Services, Site or App safe and secure, including fraud monitoring and prevention.

h) For other business purposes. Company may use Your Personal Information for additional purposes in the operation of our business, that would be reasonably expected based on context, and as permitted by law or required to comply with Company legal obligations.

5. How does Company share Personal Information

5.1. Company may share your data with third-party vendors, service providers, contractors, agents and etc., who perform services for Company or on its behalf and require access to such information to do that work. The categories of third parties Company may share personal information with are as follows:

a) Ad Networks;

b) Affiliate Marketing Programs;

c) Cloud Computing Services Communication & Collaboration Tools Data Analytics Services;

d) Data Storage Service Providers Government Entities;

f) Finance & Accounting Tools;

g) Order Fulfillment Service Providers Payment Processors;

h) Performance Monitoring Tools Product Engineering & Design Tools Retargeting Platforms;

i) Sales & Marketing Tools;

j) Social Networks;

k) Testing Tools;

l) User Account Registration & Authentication Services Website Hosting Service Providers;

m) Professional Advisors.

5.2. Company also may need to share Personal Information in the following situations:

a) Business Transfers. Company may share or transfer Your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of Company business to another company.

b) Affiliates. Company may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include Company parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with Company.

c) Business Partners. Company may share Your information with its business partners to offer You certain products, services, or promotions.

6. Cookies and tracking technologies.

6.1. When You access Company Site, Company may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (the “Cookies”) on your computer or other devices used to visit Company Site.

6.2. Company uses Cookies for the purposes listed in Sec. 4.1.

6.3. Company may make use of third-party Cookies or analytics services. Third-party tracking technologies are not controlled by Company and statements regarding Company practices do not apply to these third-parties or their use of information. Company makes no representations regarding the policies or practices of such third parties. Company is not responsible for effectiveness of or compliance with any third-parties’ opt-out options.

7. Direct Marketing.

7.1. Subject to applicable laws and regulations, Company may from time to time send direct marketing materials promoting services, products, facilities, or activities to You using information collected from or about You. You may opt-out of such marketing communications at any time by visiting the Your Account Settings page. You may also opt-out of such communications by following the directions provided in any marketing communication. If You opt out of marketing communications, please note that Company may still send you necessary information about transactions or our business relationship. It is Company policy to not provide your Personal Information to third parties for their own direct marketing purposes without your consent.

8. Protection of Personal Information.

8.1. Company has implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any Personal Information Company process. However, despite Company safeguards and efforts to secure Your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so Company cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify Your information. Although Company will do its best to protect Personal Information, transmission of personal information to and from Services is at Your own risk. You should only access the Services within a secure environment.

9. Children’s Personal Information

9.1. Company does not knowingly solicit data from or market to children under 18 years of age. By using the Services, You represent that You are at least 18.

9.2. If Company team learn that Personal Information from users less than 18 years of age has been collected, Company will deactivate the account and take reasonable measures to promptly delete such data from our records. If You become aware of any data Company may have collected from children under age 18, please contact us at [email protected].

10. Retention

10.1. Company retains Personal Information for as long as is reasonably necessary to provide services to You, for Company legitimate business purposes, and to comply with Company legal and regulatory obligations. If You close your account with us, Company will continue to retain Personal Information as necessary to comply with Company legal and regulatory obligations, including for fraud monitoring, detection and prevention; and for Company tax, accounting, and financial reporting obligations.

11. International transfers.

11.1. Company servers are located in the United States. If You are accessing Services from outside the United States, please be aware that Your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom Company may share your personal information (Sec. 5.1) in the United States and other countries.

11.2. If You are a resident in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, Company will take all necessary measures to protect Personal Information in accordance with this Privacy Policy and applicable law.

12. Client’s privacy rights.

12.1. In some regions (like the EEA, UK, Switzerland, and Canada), You have certain rights under applicable data protection laws. These may include the right:

a) to request access and obtain a copy of your personal information;

b) o request rectification or erasure;

c) to restrict the processing of your personal information;

d) if applicable, to data portability;

e) not to be subject to automated decision- making.

In certain circumstances, You may also have the right to object to the processing of the Personal Information. You can make such a request by contacting us by using the contact details provided in the Sec. 19.1.

We will consider and act upon any request in accordance with applicable data protection laws.

12.2. If You are located in the EEA or UK and You believe Company is unlawfully processing Your Personal Information, You also have the right to complain to Your Member State data protection authority (URL: https://ec.europa.eu/newsroom/article29/items/612080) or UK data protection authority (https://ico.org.uk/make-a-complaint/data-protection-complaints/data-protection-complaints/).

If You are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html).

12.3. If Company is relying on Your consent to process the Personal Information, which may be express and/or implied consent depending on the applicable law, You have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the Sec. 19.1. below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of the Personal Information conducted in reliance on lawful processing grounds other than consent.

12.4. You can unsubscribe from Company marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that Company sends, or by contacting us using the details provided in the Sec. 19.1. below. You will then be removed from the marketing lists. However, Company may still communicate with You — for example, to send You service-related messages that are necessary for the administration and use of Your account, to respond to service requests, or for other non-marketing purposes.

12.5. If You would at any time like to review or change the information in your account, You can do it from Your Account settings page.

If You would like to terminate Your Account, You can contact us by using the contact details provided in the Sec. 19.1. below.

Upon Your request to terminate Your Account, Company will deactivate or delete your account and information from our active databases. However, Company may retain some information in its files to prevent fraud, troubleshoot problems, assist with any investigations, enforce its legal terms and/or comply with applicable legal requirements.

12.6. Most Web browsers are set to accept cookies by default. If You prefer, You can usually choose to set Your browser to remove Cookies and to reject Cookies. If You choose to Remove cookies or Reject cookies, this could affect certain features or services of Company Services. You may also opt out of interest-based advertising by advertisers on Company Services.

13. Specific rights of the California Residents.

13.1. Under California privacy laws, Company is required to provide certain information to California residents about Company information collection practices and about the rights/choices California residents may have concerning their Personal Information. For purposes of this section, Personal Information has the meaning provided under California privacy law.

Company collects the categories of Personal Information identified below. As indicated in the chart, some of these categories Company “sells” or “shares” (as such terms are defined in California law) for marketing purposes to business partners and third parties, such as data analytics providers, advertising technology vendors, and social media platforms as described in this Privacy Policy.

Category of Personal Information	Does Company sell or share category of Personal Information
Identifiers/biographical information, such as name, email address, phone number, postal address, government-issued identity documents, IP address, domain name, mobile advertising IDs, and other similar identifiers.	Yes
Personal information categories listed in the California Customer Records statute, such as your credit or debit card number.	No
Commercial information, such as information related to trading activity, order activity, deposits, withdrawals, account balances. Company may also collect information such as records of products or services purchased, obtained, or considered.	Yes
Biometric information, such as scans of your face geometry extracted from identity documents.	No
Internet or other electronic network activity information.	Yes
Audio, electronic, visual, thermal, olfactory, or similar information, such as images and videos collected for identity verification, audio recordings left on answering machines.	No
Professional or employment-related information, such as job title, source of wealth.	No
Inferences, meaning inferences drawn from the above-listed categories of Personal Information to create a consumer profile reflecting consumer preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	No
Sensitive Personal Information, such as government-issued identification numbers (which may include Social Security Number or equivalent, driver’s license number, passport number).	No

13.2. Under the California Consumer Privacy Act (CCPA), you have the rights listed below. The California Code of Regulations defines a "residents" as:

a) every individual who is in the State of California for other than a temporary or transitory purpose;

b) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.

All other individuals are defined as “non-residents”.

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

13.3. California Civil Code Section 1798.83, also known as the "Shine The Light" law permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) Company disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If You are a California resident and would like to make such a request, please submit Your request in writing to us using the contact information provided in the Sec. 19.1. below.

13.3. Right to request deletion of the data — Request to delete. You can ask for the deletion of your personal information. If You ask us to delete your personal information, Company will respect Your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

13.4. Right to be informed — Request to know. Depending on the circumstances, You have a right to know:

a) whether Company collects and uses Your Personal Information;

b) the categories of Personal Information that Company collects;

c) the purposes for which the collected Personal Information is used;

d) whether Company sells or shares Personal Information to third parties;

e) the categories of Personal Information that Company sold, shared, or disclosed for a business purpose;

f) the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;

g) the business or commercial purpose for collecting, selling, or sharing personal information; and

h) the specific pieces of Personal Information we collected about you.

In accordance with applicable law, Company is not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re- identify individual data to verify a consumer request.

13.5. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights. Company will not discriminate against You if You exercise Your privacy rights.

13.6. Right to Limit Use and Disclosure of Sensitive Personal Information. If the business collects any of the following:

a) social security information, drivers' licenses, state ID cards, passport numbers;

b) account login information;

c) credit card numbers, financial account information, or credentials allowing access to such accounts;

d) precise geolocation;

e) racial or ethnic origin, religious or philosophical beliefs, union membership;

f) the contents of email and text, unless the business is the intended recipient of the communication;

g) genetic data, biometric data, and health data;

h) data concerning sexual orientation and sex life.

Then you have the right to direct that business to limit its use of your sensitive personal information to that use which is necessary to perform the Services.

Once a business receives your request, they are no longer allowed to use or disclose your sensitive personal information for any other purpose unless you provide consent for the use or disclosure of sensitive personal information for additional purposes.

Please note that sensitive personal information that is collected or processed without the purpose of inferring characteristics about a consumer is not covered by this right, as well as the publicly available information.

To exercise your right to limit use and disclosure of sensitive personal information, please contact us using the contact information provided in the Sec. 19.1. below.

13.7. Other privacy rights. You also may:

a) object to the processing of Your Personal Information.

b) request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.

c) designate an authorized agent to make a request under the CCPA on your behalf. Company may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

d) request to opt out from future selling or sharing of your personal information to third parties. Upon receiving an opt-out request, Company will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.

13.8. Please note that, where permitted under California law, Company may decline a request if Company is unable to verify Your identity (or an agent’s authority to make the request) and confirm the Personal Information Company maintains relates to You.

Please understand that Company is not obligated to provide you with access to your Personal Information more than twice in a 12-month period. If Your request is manifestly unfounded or excessive, we may either charge a reasonable fee or refuse to act on the request in which case we will notify you of the reason for refusing the request.

14. Specific rights of the Colorado residents.

14.1. Under the Colorado Privacy Act (CPA), You have the rights listed below. However, these rights are not absolute, and in certain cases, Company may decline Your request as permitted by law:

a) Right to be informed whether or not Company is processing Your personal data Right to access Your personal data;

b) Right to correct inaccuracies in Your personal data;

c) Right to request deletion of Your personal data;

d) Right to obtain a copy of the personal data you previously shared with Company;

e) Right to opt out of the processing of Your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling").

To submit a request to exercise these rights described above, please contact us using the contact information provided in the Sec. 19.1. below.

14.2. If Company declines to take action regarding Your request and You wish to appeal its decision, please email us at [email protected]. Within forty-five (45) days of receipt of an appeal, Company will inform You in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

15. Specific rights of the Connecticut residents.

15.1. Under the Connecticut Data Privacy Act (CTDPA), You have the rights listed below. However, these rights are not absolute, and in certain cases, Company may decline Your request as permitted by law:

a) Right to be informed whether or not Company is processing Your personal data Right to access Your personal data;

b) Right to correct inaccuracies in Your personal data;

c) Right to request deletion of Your personal data;

d) Right to obtain a copy of the personal data you previously shared with Company;

To submit a request to exercise these rights described above, please contact us using the contact information provided in the Sec. 19.1. below.

15.2. If Company declines to take action regarding Your request and You wish to appeal its decision, please email us at [email protected]. Within sixty (60) days of receipt of an appeal, Company will inform You in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

16. Specific rights of the Virginia Residents.

16.1. Under the Virginia Consumer Data Protection Act (VCDPA), You have the rights listed below:

a) Right to be informed whether or not Company is processing Your personal data Right to access Your personal data;

b) Right to correct inaccuracies in Your personal data;

c) Right to request deletion of Your personal data;

d) Right to obtain a copy of the personal data you previously shared with Company;

To submit a request to exercise these rights described above, please contact us using the contact information provided in the Sec. 19.1. below.

15.2. If You are using an authorized agent to exercise your rights, Company may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on Your behalf.

15.3. Company may request that you provide additional information reasonably necessary to verify You and Your consumer's request. If You submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.

15.4. Upon receiving your request, Company will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. Company will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.

15.5. If Company declines to take action regarding Your request and You wish to appeal its decision, please email us at [email protected]. Within sixty (60) days of receipt of an appeal, Company will inform You in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may contact the Attorney General to submit a complaint (URL: https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint).

16. Specific rights of the Australia and New Zealand residents.

16.1. Company collects and processes Your Personal Information under the obligations and conditions set by Australia's Privacy Act 19.1.88 and New Zealand's Privacy Act 2020 (Privacy Act).

This Privacy Policy satisfies the notice requirements defined in both Privacy Acts, in particular: what Personal Information Company collects from You, from which sources, for which purposes, and other recipients of the Personal Information.

16.2. If You do not wish to provide the personal information necessary to fulfill their applicable purpose, it may affect our ability to provide Services, in particular:

a) offer you the products or services that you want;

b) respond to or help with your requests;

c) manage your account with us;

d) confirm your identity and protect your account.

16.3. At any time, You have the right to request access to or correction of Your Personal Information. You can make such a request by contacting us by using the contact details provided in the Sec. 19.1.

16.4. If You believe Company is unlawfully processing Your Personal Information, You have the right to submit a complaint about a breach of the Australian Privacy Principles to the Office of the Australian Information Commissioner (URL: https://www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us) and a breach of New Zealand's Privacy Principles to the Office of New Zealand Privacy Commissioner (URL: https://www.privacy.org.nz/your-rights/making-a-complaint-to-the-privacy-commissioner/).

17. Specific rights of the South Africa residents.

17.1. At any time, You have the right to request access to or correction of Your Personal Information. You can make such a request by contacting us by using the contact details provided in the Sec. 19.1.

17.2. If you are unsatisfied with the manner in which we address any complaint with regard to our processing of personal information, you can contact the office of the regulator (URL: https://inforegulator.org.za/).

18. Updates to this Privacy Policy.

18.1. Company may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If Company makes material changes to this Privacy Policy, Company may notify You either by prominently posting a notice of such changes or by directly sending You a notification. Company encourages You to review this privacy notice frequently to be informed of how Company is protecting Your information.

19. Contact us.

19.1. If you have questions or comments about this notice, you may email us at [email protected]