LAST UPDATE: August 7, 2023
Welcome to Airtm!
Welcome to the website operated by Airtm Inc., Airtm Ltd., and any affiliated companies (collectively, and hereafter referred to as “Airtm,” “we,” “us,” or “our”).
These Terms of Service (these “Terms”) are an agreement that describes your rights and responsibilities as an Airtm user. These Terms explain the terms by which you may access and use our online and/or mobile services, website, software, and documentation provided on or in connection with the service (collectively, the “Services”).
By integrating with various service providers including digital infrastructure, identity verification, web services and financial institutions, we are able to offer our Services which include access to a digital wallet (the “End User Wallet”) offered, operated, and maintained by The Badger Technology Company Limited, company Incorporated in Gibraltar better known as “Bitso International” or other financial institutions (“Financial Institution(s)”). In some instances, our Services are offered directly to you by our service providers in which case you will be notified of the entity providing the service and asked to accept that entities’ terms of service (“Service Provider Terms”).
Through our Services, you will be able to view, manage and access your End User Walletand the Exchange Services from Financial Institutions and the services provided by the Service Provider (as defined below). As used throughout, “Digital Currency” means only those particular digital currencies listed as available to trade or custody in your End User Walletor in the Services. You will access and manage your funds and End User Wallet(s)) through Airtm. We do not provide any Exchange Services.
By accessing or using the Services, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy available here, whether or not you are a registered user of our Services. Airtm reserves the right to modify these terms and will provide notice of these changes as described below. These Terms apply to all visitors, users, and others who access the Services (“Users”).
We invite you to join our global network of members who value FREEDOM to hold and move their legally-earned money in ways that are most convenient, safe, and reliable. If your money has been legally earned, then welcome to a new world of opportunity and freedom.
1. Eligibility and Agreement
The Services are offered from the U.S. and are intended for use from the U.S. Airtm may not make the Services available in all markets and jurisdictions. Airtm may restrict or prohibit use of the Services from certain U.S. states or foreign jurisdictions (“Restricted Locations”). If your location or place of residence is listed below, please consider that there are regulatory restrictions in place that prevent us from offering our Services in these regions:
Note: This list is administered by the related regulatory entities and Airtm, and may receive sudden changes.
If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf and bind such entity to these Terms, and you agree to these Terms on such entity’s behalf.
You must read and agree to these Terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with Airtm, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.) or an institution embodied by its duly authorized representatives; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (d) are not located in and not under the control of a national or resident of (i) any Restricted Locations, or (ii) any country to which the U.S. prohibits the use of the Services; (e) are not identified as a “Specially Designated National;” (f) are not placed on the Commerce Department’s Denied Persons List; (g) are not under any order from any judicial, regulatory or governmental authorities preventing you to use the Services, and (h) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms. For the avoidance of doubt, the countries in which the use of the Services are prohibited are listed in the following link. Airtm reserves the right to update the countries listed therein at any time without prior notice.
You agree that these Terms govern your access to and use of the Services, unless a different policy provided by one of our third party vendors or Financial Institution is provided on a particular site, application or service, in which case such different policy shall govern and control. As a part of the Services, Airtm uses Onfido Limited (“Onfido”) and Persona Identities Inc. (“Persona”) to verify your identity and to perform required regulatory screenings. By signing up to use the Services, or otherwise continuing to use this service you agree that you have read, understand, and accept Onfido’s Facial Scan Policy and Release, Privacy Policy and Terms of Service and Persona’s Privacy Policy all which can be found by clicking on the hyperlink words.
While using the Airtm Services you may connect your End User Wallet with other service providers, such as Payoneer Global Inc., Moon Pay PTE Limited, Dlocal Corp LLP, and others (the “Service Provider(s)”). In some instances, our Services are offered directly to you by those Service Providers in which case you will be informed of the entity providing the service and asked to accept that entities’ terms of service.
We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Services after any update constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service; your sole and exclusive remedy is to terminate your use of the Services and close your Account by notifying [email protected]. You agree that we shall not be liable to you or any third party for any modification or termination of the Services, or suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein.
2. The Airtm Services
2.1 Registration. In order to use our Services, you must register for and maintain an account with us (your “Account”). Registration requires you to submit to Airtm certain personal information including documents that verify your identity; depending on your use of the Services and know your customer (“KYC”) screening results, more information may be required on an ongoing basis. You understand and agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or if the documentation provided does not meet Airtm’s standards. In addition, you agree to maintain accurate, complete, and up-to-date information with Airtm. Your failure to maintain accurate, complete, and up-to-date information may result in your inability to access and use the Services or Airtm’s termination of these Terms with you. You can only have one Account at any given time.
2.2 Account Access. You are responsible for maintaining the confidentiality of your Account information, including your password and all activity including transactions that occur under your account. You agree to immediately notify Airtm of any unauthorized access to and use of your Account or password, or any other security violation via email to [email protected]. You may not authorize third parties to use your Account. You are solely responsible for all acts performed through the platform using your password or account whether authorized or not. You should not attempt to gain unauthorized access to Services, and any attempt to do so or to help others to do so, or distributing instructions, software or tools for this purpose will result in the termination of your account and other associated accounts, without prejudice to other rights, remedies, and actions Airtm may take. You cannot create or use an Account other than your own.
2.3 Financial Institution Partner Services. Airtm’s Services facilitate access to various financial services, including the End User Wallet, Exchange Services and person-to-person exchanges of value (“P2P”). The Services are offered by Financial Institutions (such financial services, the “Financial Institution Services”) or by another Airtm User. Please be aware that: (i) Financial Institution Services provided by Financial Institutions may require separate signup, identity verification and agreement; and (ii) P2P transaction involves value held with Financial Institutions and are subject to such Financial Institutions own terms and conditions.
When funding your End User Wallet, you authorize Financial Institutions, us or any of such party’s respective payment processors to debit your Linked Account and credit your End User Wallet according to your instructions as provided by you via our Services (and to the extent funds are not received, returned, reversed, or charged back from your Linked Account but are made available in your End User Wallet, you authorize Financial Institutions, us or any of such party’s respective payment processors to debit your End User Account for such funds made available to you). When transferring funds or Digital Currency out of your End User Wallet, you also authorize Financial Institutions to debit your End User Wallet and credit your Linked Account or any other digital wallet or account you provide to us according to your instructions as provided by you via our Services. Subject to any delays caused by financial institutions independent of the Exchange Services or delays due to fraud or compliance reviews initiated by Financial Institutions, us or any third party partner providing you with services, transfers will normally process in the following time frame: 3 to 4 business days for transfers from a Linked Account to the End User Wallet, or less, depending on factors such as payment type and funds availability. Transfer times are not guaranteed in any way.
Below is a general description of the Financial Institution Services:
(a) Exchange Services. Airtm Services may enable you to access Exchange Services through and where Financial Institutions are licensed to provide such Exchange Services. Using the Exchange Services, you may send fiat currency from your financial account (“Linked Account”) and receive funds in your End User Wallet through the services offered by Financial Institutions . Subject to the Financial Institution Terms and these Terms, you may, through the Service, use the Exchange Services offered by the aforementioned exchange the fiat currency deposited in your End User Walletto Digital Currency (to the extent the funds deposited in your End User Wallet are collectable and settled) or to convert any Digital Currency deposited in your End User Walletto fiat currency. Subject to the Financial Institution Terms and these Terms, you may remit any fiat currency deposited in your End User Wallet to your Linked Account or another users linked account (provided the financial institution holding such account supports transfers in the currency you desire to remit), you may remit any Digital Currency deposited in your End User Wallet to another user’s End User Account or you may remit any Digital Currency deposited in your End User Wallet to any digital wallet you link to your End User Walletor otherwise provided to us. Any Digital Currency transfers or processing effected through the Services are conducted by Financial Institutions. Your use of the Services constitutes your acceptance of these Terms and the Financial Institution Terms.
You understand and agree your use of Exchange Services (i) are restricted where prohibited by law and (ii) may require separate signup, identity verification and agreement by the Financial Institutions providing the Exchange Services. You also acknowledge that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are lent through the applicable protocol. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the Exchange Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Exchange Services and interacting with the applicable protocol. You further understand and agree that Airtm or Financial Institution may discontinue the Exchange Services in their respective sole discretions, at any time, and that in such an event, Airtm or Financial Institution may require that you (1) transfer any cryptocurrencies held with Financial Institutions or (2) exchange any such cryptocurrencies to another form of value supported by Financial Institutions and Airtm. In the event that you fail to complete either of these options on a timely basis, Airtm or Financial Institution may force exchange of the cryptocurrencies held and provide you with the equivalent in supported value, minus any transactional fees and expenses.
(b) End User Wallet. If you open, obtain or otherwise access an End User Wallet, you will be able to manage your End User Wallet, view your transaction history and other account information, perform certain transactions, and access various features of your End User Wallet using the Services. Your use of the Services is governed by these Terms, but the End User Walletand any transactions you make in connection with your End User Wallet (including transactions you initiate through the Services) are covered by the Financial Institution Terms.
The Services allows you to perform certain functions and transactions on or related to your End User Wallet, including, viewing your balance and transaction history, and submitting transaction instructions to Financial Institution, including instructions to transfer funds between your End User Wallet and any bank account you link using the Services. Through the Services, you may direct us to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). We work with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other products and services that may be of interest to you. By requesting an account link, you authorize us to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. You also agree that you are responsible for keeping any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the Services. We do not review the Third-Party Account Information for accuracy, legality, or non-infringement, and we are not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity. Any transfer between your End User Wallet and linked account are governed by the Financial Institution Terms. Certain transaction limitations may apply to the linked account transfers.
By using the Services, you agree that we and Financial Institution are entitled to act on transaction or any other instructions we receive under your login ID and password for the Services, and you agree that any actions taken under your login ID and password will have the same effect as a signature authorizing the transaction or other action. Subject to applicable law, we reserve the right to deny transactions or any other actions you authorize through the Services without notice to you.
2.4 Transaction Limits. You understand and agree that Airtm or Financial Institutions may impose transaction limits or restrictions based on review of your account, suspected violations of the terms of these Terms or any other reason. Airtm is under no obligation to notify you of any such transaction limits or restrictions.
2.5 Transaction Governance. Airtm may validate users and performing, as appropriate, regulatory reviews and checks, restricting Services based on Airtm’s own Trust Rating system and, in the event of compliant of fraud, conducting investigations to resolve those claims.
You understand that certain Users that comply with required qualifications may become Advance Users (“Advanced Users”) of the Services. Advanced Users have the ability to accept requests for Exchange Services from other Users on a regular basis. Advanced Users are subject to these Terms and are not employees, agents, representatives, and do not constitute a joint venture in any way or partnership with Airtm. Airtm does not purport to provide any investment or financial advice to Users or Advanced Users pursuant to section 9.1 of these Terms.
2.6 The safety and security of your money is very important. We will at all times act in good faith to provide our Services. You acknowledge and agree, however, that Airtm does not guarantee the successful execution of all transactions you request and that Airtm or Financial Institution may also cancel a transaction in its reasonable discretion. You may be requested to provide additional information when initiating an Airtm or Financial Institution transaction including providing proof of source of funds. You agree to comply with such requests and understand and acknowledge that Airtm or Financial Institution may cancel any transaction should you fail to comply with such requests and further may restrict access and use the Services or terminate these Terms and your Account permanently.
Your commitment and acceptance of the present Terms of Services represent an acknowledgement that you have taken the time to read and understand our Best Practices and Marketplace Rules.
2.7 Charges. You understand that use of the Services may result in charges to you for the services you receive from Airtm or one of its Financial Institution (“Charges”). Any Charges assessed by Airtm for its Services will be displayed before you initiate a service request and if the service request is approved by you, the Charges will be deducted directly from your End User Walletor Linked Account. Any Airtm Charges paid by you are final and non-refundable, unless otherwise determined by Airtm. Airtm reserves the right to establish, remove and/or revise Airtm Charges for specific service requests in its sole discretion. Airtm may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar service requests, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Airtm Charges applied to you. Financial Institution may assess Charges for its services pursuant to Financial Institution Terms. Airtm is not responsible for Financial Institution Charges. Additionally, you might incur fees for sending or receiving funds on the Platform.
2.8 Chargebacks. In addition to the Charges described above, you understand and agree that you are responsible for any fees, costs, expenses, losses, charges and the like (collectively, “Chargebacks”) incurred by Airtm or Financial Institution as a result of transactions you initiated and that were reversed, failed, were fraudulent or resulted in errors when processed. You also understand that you may be subject to Chargebacks by Financial Institutions for transactions you initiated and understand and agree that such Chargebacks by Financial Institutions are your sole responsibility.
3. Promotions Programs
3.1 General. Airtm may have promotional offers and programs from time to time (“Airtm Promotions”). You understand and agree that Airtm may establish, in its absolute discretion, terms and conditions, including eligibility, for Airtm Promotions, and may change or terminate the Airtm Promotions at any time, with or without notice. Your participation in Airtm Promotions is prohibited where void by applicable law or regulation.
3.2 Airtm Loyalty Rewards. Airtm provides Users with loyalty rewards equal to 1% per annum of the average monthly balance of Digital Currency Users hold through Airtm in the User’s End User Wallet(“Loyalty Rewards”). Average monthly balance is based on the average of the daily account balance calculated as of 11:59pm UTC. Loyalty Rewards are provided as a Digital Currency designated by Airtm within ten (10) days following the end of each calendar month. In order to participate in the Loyalty Rewards a User must: (1) Not be a Residents of Mexico or the United States of America (2) Must have made a transaction within the withdraw or add option within Airtm during the particular month into their Airtm’s account (3) Not have a signed partnership agreement with Airtm. Airtm will only deposit the rewards if the amount is .01 Digital Currency or higher.
4. Additional App Store Terms
4.1 We may make available software to access the Services via a mobile device (the “App”). To use the App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
4.2 App from Apple App Store. The following applies to any App you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Airtm, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple- Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Airtm as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Airtm as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Airtm, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third- party beneficiary thereof.
4.3 App from Google Play Store. The following applies to any App you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Airtm, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Company’s Google-Sourced Software.
5. General Use, Prohibited Use, and Termination
5.1 Limited License. We grant you a limited, nonexclusive, non transferable license, subject to the terms of these Terms, to access and use the Services, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by Airtm from time to time. Any other use of the Services or Content is expressly prohibited and all other rights, title, and interest in the Services or Content is exclusively the property of Airtm and its licensors. You agree that you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “Airtm”, “Airtm.io”, “Airtm.com” and all logos related to the Airtm services or displayed on the Services are either trademarks or registered marks of Airtm or its licensors. You may not copy, imitate or use them without Airtm’s prior written consent.
5.2 Website Accuracy and Third Party Links. Although we intend to provide accurate and timely information, the Services (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Services are your sole responsibility and we shall have no liability for such decisions.
The Services may contain links to third-party materials that are not owned or controlled by Airtm. Airtm does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Airtm’s Privacy Policy do not apply to your use of such sites. You expressly release Airtm from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Airtm shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
5.3 Prohibited Activities. You agree that you will not use Airtm Services to perform any type of illegal activity of any sort or to take any action that negatively affects the performance of the Services or Financial Institution Services. You may not engage in any of the following activities via the Services or Financial Institution Services, nor may you help a third party in any such activity: (1) which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Airtm or Financial Institution conducts business, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; (2) undertaken to try and gain unauthorized access to our Services, another user’s account or Financial Institution Services; (3) designed or which operates to defraud Airtm, Financial Institution, Airtm users, or any other person; (4) that results in providing false, inaccurate, or misleading information to Airtm; (5) designed to attempt to bypass or circumvent any security features; (6) that reproduces, duplicates, copies, sells or resells our Services for any purpose except as authorized in these Terms or that reproduces, duplicates, copies, sells or resells our Financial Institution Services for any purpose except as authorized in Financial Institution Terms; (7) that is abusive or interferes with or disrupts our Services or Financial Institution Services; (8) that discloses or misuses information of another Airtm User; (9) that hides or misrepresents the true origin of assets and resources which are the object of the services contracted with Airtm or which is not conducted in your true name and identity. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Activity. If you are blocked by Airtm from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
In accordance with the requirements of the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG, this notification is to inform you that restricted transactions are prohibited from being processed through your account or relationship with Airtm. Restricted transactions are transactions in which a person accepts credit, funds, instruments or other proceeds from another person in connection with unlawful Internet gambling. By maintaining an account with our institution, you certify that you do not engage in unlawful Internet gambling and you agree to notify us if your account is ever used for unlawful Internet gambling of any kind. If you do not, we may terminate your access to various payment methods or close your account.
5.4 Suspension, Termination, and Cancellation. Airtm may, at its sole and absolute discretion, and without notice: (a) suspend, restrict, or terminate your access to any or all of the Airtm Services, and/or (b) deactivate or cancel your Airtm Account, for any reason including:
We also reserve the right to log off accounts that have been inactive for periods of six (6) months or more, or to modify or discontinue the Services. You agree that we are not liable to you or third parties for the suspension or termination of your account or access to the Airtm Services.
If Airtm suspends or closes your account or terminates your use of Airtm Services for any reason, we will provide you with notice of our actions to the extent required by law, unless a court order or other legal process prohibits Airtm from providing you with such notice. You acknowledge that Airtm’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Airtm’s risk management and security protocols. You agree that Airtm is under no obligation to disclose the details of its risk management and security procedures to you.
The suspension or termination of your account does not affect any obligation you have to Airtm or Financial Institution for Charges or Chargebacks relating to transactions executed prior to the suspension or termination date.
In the event of termination of your account, you need to provide Airtm or the Financial Institution with a valid bank account to allow the Financial Institution to transfer the funds available in your End User Wallet. Such bank account must belong to you and must be located in the same country in which the funds originated. (And in cases where the funds originate from several countries, transfers will only be permitted to a valid bank account from which originated the majority of funds). Notwithstanding anything to the contrary, you understand that Financial Institution may transfer all funds in your End User Wallet to your Linked Account.
Unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order, Airtm will instruct Financial Institution to use reasonable effort to transfer the funds in legal tender as soon as possible after receiving such a request; however, each Airtm and Financial Institution has the right to hold the funds for such time period, as either such party reasonably determines, is necessary to address any potential Chargebacks or regulatory or legal issue relating to the funds or transactions executed from the User account.
5.5 Unclaimed Property. If Airtm is unable to contact you and has no record of your use of the Services for a period designated under law (dormancy period), applicable law may require Airtm to report your assets with us (if any) as unclaimed property to the applicable jurisdiction. If this occurs, Airtm will try to locate you at the address shown in our records, but if Airtm is unable to locate you, it may be required to deliver any such assets to the applicable state or jurisdiction as unclaimed property. Airtm reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
5.5.1(Reserved).
5.6 Dormancy Fees. Starting on October 1, 2022, your account will be deemed as dormant after 12 months of inactivity. Activity is defined as performing a transaction in your account, (i.e. sending, receiving, or creating a transaction) . Airtm will count from the day in which you last performed an Activity. Airtm may charge a monthly inactivity fee equivalent to $1 of the platform’s primary digital asset on all dormant accounts. The inactivity fees will be deducted from any available balance in the dormant account within the first seven (7) days of every calendar month. If there is no available balance on your account, Airtm will not deduct further monthly inactivity fees from that account, in other words, a dormant account will not incur negative balance as a result of deducting the monthly inactivity fee. We may apply the inactivity fee to your account without prior notice. [This clause does not apply to residents of the United States].
6. User Content
Some areas of the Services allow Users to submit, post, display, provide, or otherwise make available content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Airtm a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Airtm’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
Airtm takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Airtm shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
7. Customer Feedback, Queries, Complaints, and Dispute Resolution
7.1 Contact Airtm. You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Airtm under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Airtm does not waive any rights to use similar or related ideas previously known to Airtm, or developed by its employees, or obtained from sources other than you. You may contact us via any supported customer support link, service or via email at [email protected]. When you contact us, please provide us with your name, address, and any other information we may need to identify you, your Airtm Account, and the transaction on which you have Ideas, questions, or complaints.
7.2 Complaints. If you have a dispute with Airtm (a “Complaint”), you agree to contact us through our support team to attempt to resolve any such dispute amicably. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps. Pursuant to any dispute relating to your use of the Services, Airtm will initially conduct its own investigation. You agree to cooperate reasonably with Airtm’s investigation, provide information as requested and, if it is reasonably determined by Airtm that amounts are owed by you due to error, fraud or otherwise, you agree to make payment to Airtm in accordance with Airtm’s determination within forty five (45) days. In the event that Airtm determines that amounts are owed to you, Airtm agrees to make payment to you of such amounts within forty five (45) days. If we cannot resolve the dispute through our internal investigation, you and we agree to use the Arbitration process set forth below.
7.3 Arbitration. You or we, or any other party that may be involved, including without limitation Onfido, Inc. or Persona (each a “Party”, collectively, the “Parties”) shall have the right to have any dispute arising between or among the Parties pursuant to or related to these Terms or that relates in any way whatsoever to your use of the Services, including, but not limited to, your use of the identity verification feature and any of Onfido’s or Persona’s products or services, be settled by means of binding arbitration. This arbitration provision expressly covers all past, present or future claims between or among the Parties. No claim hereunder may be asserted on a class, collective or representative basis or otherwise joined with the claims of anyone else. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute hereunder including, but not limited to, any claim that all or any part of the requirement to arbitrate is void or voidable. Arbitration must proceed only with and under this arbitration clause and the applicable International Chamber of Commerce’s (ICC) Rules, but the rules in this arbitration clause will be followed if there is disagreement between them and ICC’s procedures. If ICC’s rules or procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of ICC’s rules and procedures, to file a claim or for other information, please see http://www.iccwbo.org. If ICC is completely unavailable, and if the Parties cannot agree on a substitute, then a Party may request that a court appoint a substitute arbitrator. Unless otherwise agreed by the Parties, the arbitration will be conducted in Los Angeles, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Airtm submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the ICC Rules. Subject to the ICC Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Notwithstanding the provisions of the modification-related provisions above, if Airtm changes this “Arbitration” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Airtm written notice of such rejection by mail or hand delivery to: Airtm Inc, Attn: Dispute Resolutions, 8 The Green, STE 300, Dover, DE 19901, or by email from the email address associated with your Account to: [email protected], within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Arbitration” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Airtm in accordance with the provisions of this “Arbitration” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
8. Release, Disclaimers, Limitation on Liability, Indemnity
8.1 Release. By using the Services, you agree that you assume all risks in connection with your access and use of the Services. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Services. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
8.2 Disclaimer. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIRTM OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, AIRTM, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
FURTHER, AIRTM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND AIRTM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8.3 Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRTM OR ANY FINANCIAL INSTITUTION, OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL AIRTM OR ANY FINANCIAL INSTITUTION BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AIRTM NOR ANY FINANCIAL INSTITUTION ASSUMES LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRTM OR ANY FINANCIAL INSTITUTION, OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AIRTM HEREUNDER OR $50.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AIRTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8.4. Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Airtm, Financial Institution and their respective subsidiaries, shareholders, agents, licensors, managers, and other affiliated companies, and their employees, contractors, subcontractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
9. General
9.1 No Advice. Airtm does not provide investment advice. The information contained within the Airtm website is for informational purposes only, and we are not soliciting any action based upon such materials. You agree and understand that we do not purport to provide any investment advice. We do not provide any consultation on the advisability of purchasing, exchanging, lending or borrowing digital assets, trading techniques, models, algorithms, or any other schemes. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
9.2 Privacy. Protecting your privacy is very important to Airtm. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information. The Privacy Policy is incorporated herein by reference. You agree to abide by all terms set forth in the Privacy Policy.
9.3 Confidentiality. You agree to maintain in confidence any written, oral, or other information obtained through your use of the Services unless (a) such information is already known to you or such information becomes publicly available through no fault of you, (b) the use of such information is necessary or appropriate in making any filing or required for the consummation of transactions authorized through use of the Services, or (c) the furnishing or use of such information is required by or necessary or appropriate in connection with legal proceedings.
9.4 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your use of Airtm. We will not withhold any amounts from your account; provided however, that we reserve the right to withhold any amounts that we deem required under applicable law.
9.5 Notice. Airtm may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Airtm, with such notice deemed given when received by Airtm, at any time by first class mail or pre-paid post to Airtm, Inc., Attn: Airtm User Notices, 8 The Green, Suite 300, Dover, DE 19901.
9.6 No Class Proceedings. You and we agree that any Party hereto may bring claims against the other on an individual basis only and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless the Parties agree otherwise, any adjudicator of any claim may not consolidate or join more than one Party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any adjudicator of any claim may award relief, including monetary, injunctive, and declaratory relief, only in favor of the Party seeking relief, and only to the extent necessary to provide relief necessitated by that Party’s claim(s). Any relief awarded cannot affect other users of the Services.
9.7 Entire Agreement. These Terms and the Airtm Privacy Policy, incorporated by reference herein, comprise the entire understanding and agreement between you and Airtm as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), and every nature between and among you and Airtm. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
9.8 Assignment. You may not assign or transfer these Terms or any rights and/or licenses granted under these Terms. We reserve the right to assign our rights without restriction, including without limitation to any Airtm affiliates or subsidiaries, or to any successor in interest of any business associated with the Airtm Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
9.9 Severability. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
9.10 Change of Control. In the event that Airtm is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
9.11 Survival. All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms shall survive the termination or expiration of these Terms.
9.12 Governing Law. You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will exclusively govern these Terms and any claim or dispute that has arisen or may arise between you and Airtm.
9.13 Force Majeure. We shall not be liable for delays, failure in performance of our obligations or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe, and such delay, failure or interruption shall not affect the validity and enforceability of any remaining provisions.
9.14 English Language Controls. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
Electronic Communication and E-Sign Agreement
1 Electronic Transactions.
You agree to receive electronic Communications (as defined below) from Airtm Inc., Airtm Ltd., and any affiliated companies and our partners, including financial institutions that provide you financial services that may be accessed through the Services (individually and collectively, and hereafter referred to as “Airtm,” “we,” “us,” or “our”) and to transact electronically with Airtm. Airtm is required by law to give you certain information in writing. This means you have the right to receive that information physically, on paper. With your consent, we will send that information to you electronically, instead, in accordance with the federal Electronic Signatures in Global and National Commerce Act (“E-Sign Act”). By consenting to this Electronic Communication and E-Sign Agreement, you consent to receive Communications in electronic form for any Airtm products, services, and accounts that you apply for or obtain, either now or in the future. You also consent to the use of electronic signatures in your relationship with Airtm and to enter into electronic transactions with Airtm. “Communications” includes each disclosure, notice, agreement, privacy policy, statement, record, document, and other information that may be required or is otherwise provided during the business relationship between you and Airtm. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Terms of Service.
2 Delivery.
Electronic Communications may be posted on the Airtm website or mobile application and/or delivered to the email address you provided to us. We may also deliver Communications to you in the manner specified in any other agreement we have with you. It is your responsibility to keep current your contact information associated with your account so that we can send you electronic Communications. You can update your email address and other contact information from your account settings or by contacting us at [email protected]. We reserve the right to provide Communications in paper form.
3 Withdrawal of Consent.
You have the right to withdraw your consent to receive electronic Communications. If you withdraw your consent, we may terminate your User Account and related services. To withdraw your consent, please contact us at [email protected].
4 Physical Documentation.
You will have the right to request any Communications covered by this Agreement in physical, paper form. To receive a paper copy of any document that has been previously provided to you, please contact customer service at [email protected]. We will charge you $10 per page for requesting paper documents. Future Communications will continue to be delivered electronically unless you withdraw your consent, as described below. We reserve the right to terminate your relationship if we are unable to support certain requests for paper documents or you withdraw your consent provided hereunder.
5 Minimum System Requirements.
To access electronic Communications, you will need certain browser and encryption software that meet these requirements. Airtm’s system requirements are:
(a) A mobile device running Apple iOS 13.0+ + or Android 5.0+ (Lollipop).
(b) A computer capable of running a modern web browser like, Microsoft Edge, Safari 13 +, Chrome 48 +, or Firefox 68 +
(c) The ability to view and retain Portable Document Format (PDF) files.
(d) The ability to receive text messages to allow for two-factor authentication.
(e) Sufficient storage space to save Communications and the capability to print the Communications from your computer or mobile device.
(f) A current version of a program that accurately reads and displays Portable Document Format or “PDF” files, such as Adobe® Acrobat Reader® version 8.0 and above.
By consenting to this Electronic Communication and E-Sign Agreement (“Agreement”), you confirm that the electronic device you use to access Airtm products or services meets the minimum specifications and requirements outlined above. If a change in these hardware or software requirements creates a substantial risk that you will not be able to access or retain electronic Communications, we will provide you with notice of such change. Continued use of Airtm electronic services after any such notice signifies your acceptance of the change and reaffirmation of your consent.
6 Consent.
You consent to the electronic delivery of all Communications and to transact with Airtm electronically. You are not permitted to access or use the Service without acceptance of this Agreement. You confirm that you have access to an electronic device that satisfies our minimum system requirements, and that you have access to a printer and/or the ability to download information. By consenting to this Agreement, you also agree that we will not be providing to you any future Communications in paper form unless specifically requested by the means defined above. You should retain a copy of this Agreement and all other Communications for your records.
LAST UPDATE: August, 2023
INTRODUCTION
Thank you for choosing to be part of the Airtm community! Here at Airtm, we take privacy very seriously. Through this Privacy Policy, we are going to explain to you what information we collect, how we use it and what rights you have in relation to it; take some time to read it carefully.
If there are any terms in this Privacy Policy that you do not agree with, or if you have any questions or concerns about our policy or our practices with regards to your personal information, please contact our Privacy Officer at [email protected].
This Privacy Policy applies to all information collected through our websites (https://airtm.150porciento.com/), mobile applications (“Apps”), products, services, sales, marketing or events (we refer to them collectively in this Privacy Policy as the “Services”).
If you are a U.S. consumer and have a financial product or service with us, we will use and share any information that we collect from or about you in accordance with our U.S. Consumer Privacy Notice, check our Notice to learn how we use and share your personal information.
Airtm reserves the right to modify this Privacy Policy at any time, and when required by law, we will notify you of changes to this Privacy Policy. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on our Services before the change takes effect.
Summary
Introduction
What information do we collect?
How do we use your information?
Who will your information be shared with?
Do we use cookies and other tracking technologies?
How do we handle your social logins?
Is your information transferred internationally?
What is our stance on third-party websites?
How long do we keep your information?
How do we keep your information safe?
Do we collect information from minors?
What are your privacy rights?
Do we make updates to this Privacy Policy?
How can you contact us about this Privacy Policy?
2. WHAT INFORMATION DO WE COLLECT?
2.1 Personal information (PI) you voluntarily disclose to us.
→ In Short: We collect the personal information you provide to us such as name, date of birth, full address, contact information, passwords and security data, payment information, and social media login data.
We collect personal information that you voluntarily provide to us, both during online and offline activities, such as when registering on our website or in our Apps, expressing an interest in obtaining information about us or our Services, when participating in activities on our platform (such as posting messages in our online forums or entering competitions, contests or giveaways), events, or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use.
The personal information we collect can include the following:
• Name and contact data: when you create an account or use of our Services, we, or our providers acting on our behalf, may collect the following types of information to comply with our legal obligations: your name, date of birth, social security number, driver identification number, personal identification number, address, telephone, email, full bank account details and / or credit card numbers that you link to your Airtm account or enter when you use Airtm Services, and your country and state of residence. Airtm will use this information to satisfy your requests and provide the corresponding Services.
• Credentials: we collect passwords, password hints, and similar security information used for authentication and account access;
• Transaction data: Airtm collects transaction details related to your use of our Services, including the type of service requested, the date and time the service was provided, your financial account information, the amount charged and other details related to the transaction.
• Social Media login data: we provide you with the option to register using social media account details, like your Facebook, Google or other social media account; if you choose to register in this way, we will collect the Information described in the section called “Social Logins” below.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
2.2 Information automatically collected
→ In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our websites.
We automatically collect certain information when you visit, use or navigate the Services; this information does not directly reveal your name or contact information, but may include other information that is reasonably capable of being associated with you, such as device and usage information, IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. This information is primarily used to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
In some cases, information is automatically collected through the use of cookies, pixel tags and similar technologies that create and maintain unique identifiers. For more information about these technologies, please refer to our Cookie Statement.
2.3 Information collected through our Apps
→ In Short: We may collect information regarding your geo-location, mobile device, push notifications, and Facebook permissions when you use our Apps.
Please note: Important information about platform permissions
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that applications cannot access without their consent. These mobile platforms have different permission systems to obtain your consent. The applicable platform may notify the user the first time that the Airtm application requests permission to access certain types of data and allow the user to give his consent (or not) to that request. For example, Android devices will notify you of the permissions that our Apps request before you use them. If you do not agree to give our Apps permission to use the requested information, please do not use our Apps.
If you use our Apps, we may also collect the following information:
• Geo-Location information: if you allow the Apps to access location services through the permission system used by your mobile operating system (“platform”), we may collect the exact location of your device when the application is running in the foreground or in the background. We can also derive your approximate location from your IP address.
• Mobile device access: we may request access or permission to certain features from your mobile device. For example, if you allow the Apps to access your device’s address book through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Privacy Policy or at the time of consent or collection. If you wish to change our access or permissions, you can do it in your device’s settings.
• Mobile device data: we may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
• Communication data: the Services offered by Airtm facilitate communication between verified Airtm users. In connection with the facilitation of this service, Airtm receives communication data, including the date and time of communication and the content of the communication.
• Push notifications: we may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
• Registration information: when you interact with the Services, we collect server logs, which may include information such as your device’s IP address, dates and times of access, the features of the application or pages visited, application crashes and other system activity, the type of browser and the third-party site or service you were using before interacting with our Services.
• Social logins: If you log in to our Services using a third-party account such as a Facebook account or Google account, we, by default, access your basic account information made available by that third party. For example, if you log in via your Facebook account we access your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.
2.4 Information collected from other sources
→ In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.
Airtm may also receive information from other sources and combine it with the information we collect through our Services. For example, when a user requests services, other users can provide us with a user rating after making a P2P transaction.
We may also receive data about our users through third parties. This may include technical data from analytical and advertising partners such as Google, public databases, credit bureaus, identity verification partners, resellers and channel partners, joint marketing partners and social media platforms. Our identity verification partners use a combination of government records and public information available about you to verify your identity. This information includes your name, address, job function, public employment profile, credit history, status on the sanctions lists maintained by public authorities and other relevant data.
Airtm obtains such information to comply with its legal obligations, such as anti-money laundering laws.
3. HOW DO WE USE YOUR INFORMATION?
→ In Short: In general, we use personal information to create, develop, operate, deliver and improve our services, content and advertising, as well as for loss prevention and fraud prevention purposes.
We use personal information collected via our Services for a variety of business purposes described below:
• Legitimate business interests (“Business Purposes”);
• In order to enter into or perform a contract with you (“Contractual Reasons”);
• For compliance with our legal obligations (“Legal Reasons”).
We use the information we collect or receive for the following purposes:
• Account Creation. We use your full name and basic contact data, national identifiers and your credentials or your Social Media login data (as applicable) to facilitate account creation and the account login process, with your Consent. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we also use the information you allowed us to collect from those third parties to facilitate account creation and the account login process. See the section below headed “How do we handle your social logins?” for further information.
• Identity Verification. We use your full name and basic contact data, national identifiers, geolocation data, and information collected from other sources, such as our identity verification partners, in order to verify your identity. We do this for Legal Reasons such as compliance with anti-money laundering laws. For more information about our identity verification practices, please refer to the “Who will your information be shared with?” section of this Privacy Policy below.
• Marketing. We use your full name, basic contact data and geographic location to send you marketing and promotional communications. You can opt-out of our marketing emails at any time (see the “Your Privacy Rights” information below).
• Account administration. We use your full name and basic contact data, your financial and transaction data, and automatically collected data to send you administrative information. We send you this information for Business Purposes, Legal Reasons and/or in some cases for Contractual Reasons. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
• Performance of the Services. We use your full name and basic contact data, your financial and transaction data, and automatically collected data to provide our Services to you. For example, we may use your information to fulfill and manage your transactions and exchanges made through the Services. We use this information for Contractual Reasons.
• Testimonials. We use your name, email and other testimonial details you provide to us to post testimonials relating to the Services. We post testimonials on our Services that may contain personal information. If you wish to update, or delete your testimonial, please contact us.
• Targeted Advertising. We use your basic contact data, e-mail address and location to deliver you targeted advertising. We may work with third parties to develop and display content and advertising tailored to your interests and/or location and to measure its effectiveness. For more information about targeting advertising that is delivered in connection with your use of the Services, please refer to our Cookie Statement.
• Feedback. We use your full name, e-mail and transaction data to request feedback. We may use your information to request feedback and to contact you about your use of our Services.
• Safety and Security. We use your full name and basic contact data, national identifiers, your financial and transaction data and information collected from other sources, to protect our Services, for Business Purposes and/or Legal Reasons. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention) and for complying with our national and international legal obligations.
• User-to-User Communications. We use your full name and basic contact data, as well as your financial data to enable user-to-user communications, with your consent.
• Enforcement. We use your full name and basic contact data, national identifiers, your financial and transaction data, automatically collected data and information collected from other sources to enforce our terms, conditions and policies, for Business Purposes, Legal Reasons and/or in some cases for Contractual Reasons.
• Subpoenas and Other Legal Requests. We use your full name and basic contact data, national identifiers, your financial and transaction data, automatically collected data and information collected from other sources to respond to legal requests and prevent harm, for Legal Reasons. For example, if we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond. In general, we can use your information to resolve disputes, charge fees and solve problems.
• Internal Business Purposes. We use your full name and basic contact data, your transaction data, behavior data and other automatically collected data and information collected from other sources for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, our marketing and enhancing your user experience. We also use the information for quality control and staff training.
4. WHO WILL YOUR INFORMATION BE SHARED WITH?
→ In Short: We share information to comply with laws, to protect your rights, and to fulfill business obligations.
We take care of allowing your personal information to be accessed only by those who reasonably need it to perform their tasks and duties, and sharing it with third parties who have a legitimate purpose to access it. We may share the information we collect about you as described in this Privacy Policy or as described at the time of collection or processing, including for the following purposes:
• Identity – Verification: we share your information with third-party identity verification services to comply with applicable regulations and to keep track of our users and prevent illegal activities. This sharing allows Airtm to confirm your identity by comparing the information you provide us with public records and other third-party databases. These service providers may create derived data based on your personal information that can be used only in connection with the provision of identity verification and fraud prevention services. Airtm’s ID-Verification partners include:
Onfido Limited
We share your information with Onfido Limited (“Onfido”) to verify your identity and comply with regulatory requirements. Airtm only shares your information with Onfido in accordance with this Privacy Policy. The information shared with Onfido is treated by Onfido in accordance with its Privacy Policy, currently available at https://onfido.com/privacy/ .
We share your information with Persona Identities Inc. (“Persona”) to verify your identity and comply with regulatory requirements. Airtm only shares your information with Persona in accordance with this Privacy Policy. The information shared with Persona is treated by Persona in accordance with its Privacy Policy, currently available at https://withpersona.com/legal/privacy-policy.
Kount Inc.
We share your information with Kount Inc. (“Kount”) to track transactions and detect fraud. Airtm only shares your information with Kount in accordance with this Privacy Policy. The information shared with Kount is treated by Kount in accordance with its Privacy Policy, currently available at https://kount.com/legal/privacy-policy/ .
• Compliance with laws and regulations: we may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital interests and legal rights: we may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
• Vendors, consultants and other third-party service providers: we may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts.
We may also allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time: this information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. We also allow certain third-party advertising partners to collect information about the users of our Service for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting. To learn more about online advertising and how you may be able to control some of this activity, please refer to our Cookie Statement. Unless otherwise described in this Privacy Policy, we do not sell or rent your information, or trade any of your information with third parties for their promotional purposes.
• Business transfers: we 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 our business to another company.
• Third-Party advertisers: we may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you (see our Cookie Statement for more details).
• Affiliates: we may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
• Business Partners: we may share your information with our business partners to offer you certain products, services or promotions.
• We may disclose your personal information for any other purpose with your Consent.
• Other users and general public: with other members so that they can carry out a requested peer-to-peer transaction.
Moreover, when you share personal information (for example, by posting comments, contributions or other content to the Services) or otherwise interact with public areas of the Site or App, such personal information may be viewed by all users and may be publicly distributed outside the Site and our App in perpetuity.
If you interact with other users of our Services and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services, and view your profile.
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
→ In Short: although we do not use First Party Cookies, we do use Third Party Cookies and other tracking technologies to collect and store your information.
We may use tracking technologies to access information. For example, Localization Cookies and AWS Cloudfront help Airtm to provide a localized experience: we use them to verify if our service is provided in your country and for providing the service in your preferred language.
In addition to our tracking technologies, we may also use various Third Party Cookies and technologies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on. Please refer to our Cookie Statement for more information about our use of these technologies.
6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
→ In Short: If you choose to register or log in to our websites using a social media account, we may have access to certain information about you.
Our Services offers you the ability to register and login using your third-party social media account details (like your Facebook or Google logins): where you choose to do this, we will receive certain profile information about you from your social media provider.
The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public. If you login using Facebook, we may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.
We will use the information we receive only for the purposes that are described in this Privacy Policy or that are otherwise made clear to you on the Services; please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider, so we recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.
7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
→ In Short: We may transfer, store, and process your information in countries other than your own.
We share information globally, both internally between Airtm and its affiliates, and externally with our partners, vendors and other third parties with those with whom you and Airtm connect and share worldwide in accordance with this Privacy Policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes described in this Privacy Policy.
Please note that these data transfers are necessary to provide you with our services. If the country of destination does not have data protection or other laws as comprehensive as those in your country, we will take measures to transfer your personal information in accordance with this Privacy Policy and applicable law.
8. WHAT IS YOUR STANCE ON THIRD – PARTY WEBSITES?
→ In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.
The Services may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications.
We cannot guarantee the safety and privacy of data you provide to any third parties: any data collected by third parties is not covered by this Privacy Policy and we are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Sites Services.
You should review the policies of such third parties and contact them directly to respond to your questions.
9. HOW LONG DO WE KEEP YOUR INFORMATION?
→ In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).
In general, we keep your personal information for 5 years from the date you cease to be our client, as required by the bank secrecy and anti-money-laundering laws that Airtm must comply with. The criteria used to determine the period for which personal information about you will be retained varies depending on the legal basis under which we process the personal information:
• Consent. Where we are processing personal information based on your Consent, we generally will retain the information for the period of time necessary to fulfill the underlying agreement with you, subject to your right, under certain circumstances, to have certain of your data erased (as described in more detail in our Privacy Rights Policy).
• Business Purposes. Where we are processing your personal information for our Business Purposes, we generally will retain such information for a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of data subjects.
• Contractual Reasons. Where we are processing personal information for Contractual Reasons, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship.
• Legal Reasons. Where we are processing personal information based on a legal obligation, we generally will retain the information for the period of time necessary to fulfill the legal obligation. In some cases, we may need to apply a “legal hold” that retains information beyond our typical retention period where we face threat of legal claim. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.
In all cases, in addition to the purposes and legal bases, we consider the amount, nature and sensitivity of the personal information, as well as the potential risk of harm from unauthorized use or disclosure of your personal information. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible, we will securely store your personal information and isolate it from any further processing until deletion is possible.
10. HOW DO WE KEEP YOUR INFORMATION SAFE?
→ In Short: We aim to protect your personal information through a system of organizational and technical security measures. We have implemented appropriate security measures designed to protect your personal information.
Airtm has implemented appropriate technical and organizational security measures designed to protect the security of any personal information processed: we protect your personal information by maintaining physical, electronic and procedural safeguards. We use network safeguards such as firewalls and data encryption and authorize access to personal information only for those who require access to fulfill their work responsibilities.
However, please remember that we cannot guarantee that the Services are 100% secure and transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment, use a secure password and take personal basic security measures (for example, do not share your account details and passwords with other people and remember that Airtm never asks for your password or other account details via email, text message or similar ways).
In addition, we cannot guarantee or guarantee the security or confidentiality of the information you transmit to us or receive from us over the Internet or wireless connection, including email, telephone or SMS, since we have no way to protect that information once it leaves and until it reaches us. If you have reason to believe that your data is no longer secure, please contact us at the email address or postal address indicated in Section 14.
11. DO WE COLLECT INFORMATION FROM MINORS?
→ In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age: by using the platform, you represent that you are at least 18.
If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.
If you become aware of any data we have collected from children under age 18, please contact us as soon as possible (Section 13 for contact details).
12. WHAT ARE YOUR PRIVACY RIGHTS?
→ In Short: In some jurisdictions, such as the United Kingdom, the European Economic Area, many Latin American countries and some US states, you have rights that allow you greater access to and control over your personal information.
Depending on which country’s laws apply, your privacy rights may include:
• The right to request access and obtain a copy of your personal information;
• The right to request rectification of your personal information;
• The right to request erasure of your personal information;
• The right to restrict the processing of your personal information;
• If applicable, the right to data portability;
• If applicable, the right to object to the processing of your personal information;
• Where we rely on your consent for processing of your personal information, as described in this Privacy Policy, you may also have the right to withdraw your consent to such processing.
If you have any complaints regarding our privacy practices, you have the right to lodge a complaint with your national data protection authority (i.e., supervisory authority). If you are based in the European Economic Area, Switzerland or the United Kingdom, information about how to contact your local data protection authority is available here. However, we encourage you to first reach out to us by using the contact details set out in the Contact Us section below so that you have an opportunity to address your concerns directly and so that we may find a solution together before you lodge a complaint.
For more information about your privacy rights and how to exercise them, please see our Privacy Rights Policy.
13. DO WE MAKE UPDATES TO THIS PRIVACY POLICY?
→ In Short: Yes, we will update this Privacy Policy from time to time.
We may update this Privacy Policy 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 we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification.
We encourage you to review this Privacy Policy frequently to keep informed about our privacy practices.
14. HOW CAN YOU CONTACT US ABOUT THIS PRIVACY POLICY?
If you have questions or comments about this Privacy Policy, email our Privacy Officer at [email protected] or send us a letter at:
Airtm Inc.
8 The Green, STE 300, Dover,
DE 19901
US
We would be happy to hear any feedback and answer any questions you may have.
LAST UPDATE: May, 2023
INTRODUCTION
This Privacy Rights Policy supplements Airtm’s Privacy Policy. Terms used but not defined in this Privacy Rights Policy have the meaning set out in our Privacy Policy.
In some jurisdictions, such as the United Kingdom, the European Economic Area, many Latin American countries and some US states, you have rights that allow you greater access to and control over your personal information. Because your privacy is important to us, we grant the rights described in this Privacy Rights Policy to all individuals whose information we control, regardless of where they are located.
Airtm gives individuals rights to ACCESS, RECTIFY, RESTRICT THE PROCESSING OF, ERASE, OBTAIN A COPY OF OR OBJECT TO THE PROCESSING OF THEIR PERSONAL INFORMATION. To exercise your rights, please follow the process described in this Privacy Rights Policy.
PRIVACY RIGHTS: WHAT TO KNOW
Please see below for your rights with respect to personal information processed by Airtm. We only permit you to exercise these rights with regard to your own personal information, unless you have been expressly authorized to make a request by the individual to whom the information relates.
You have the following rights in relation to your personal information (subject to certain limitations under applicable law):
Please note that if the exercise of any of the above rights limits our ability to process personal information, we may not be able to provide our Services to you or otherwise engage with you going forward.
3. HOW TO SUBMIT A REQUEST
You can request to exercise one of the rights listed above by contacting us using the contact information set out in our Privacy Policy. Please complete the following Webform: Privacy Rights Requests Webform (if you do not hold a Google account, you please contact us and we will provide you with a PDF version of the same form above).
For certain types of requests, we may request additional information from you to help us consider the requests and respond appropriately.
In most cases, we will respond to your privacy rights requests free of charge. However, to the extent permitted by applicable law, we reserve the right not to comply with your request or to charge you a fee if your request is manifestly unfounded or excessive. We also reserve the right not to comply with your request if doing so would take disproportionate effort.
4. DEADLINES AND PROCEDURE
Within a period of 30 business days, counted from the day following the receipt of your request and we will evaluate your request and comply if and to the extent we determine we are required to do so. This period may be extended up to 60 days when there are justified causes.
We reserve the right not to comply with requests in circumstances where we are not required to do so under applicable law.
5. COMPLIANCE TEAM ASSISTANCE SUBMITTING REQUESTS
For assistance preparing your privacy rights request, please feel free to contact us.
6. NON – CONFORMITY
If you are not happy with the response of Airtm to your privacy rights request or you think Airtm is not complying with applicable law, you can follow these steps:
Contact Airtm to remind us of your request, and of our obligations under this policy. Please note that we may receive a large volume of requests and it may take us 1-2 weeks or longer to respond.
Without prejudice to any other administrative or judicial remedy, you can file a complaint with a supervisory authority, in the jurisdiction where you live or work or the jurisdiction in which the alleged violation took place. Please see below for a list of potentially applicable supervisory authorities:
|
Argentina |
AAIP https://www.argentina.gob.ar/aaip |
|
Brazil |
ANPD https://www.gov.br/anpd/pt-br |
|
Colombia |
SIC https://www.sic.gov.co |
|
Chile |
Consejo para la Transparencia
|
|
European Union |
Please refer to the following link to find the applicable Supervisory Authority: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm |
|
Peru |
ANDP https://www.gob.pe/anpd |
|
UK |
Information Commissioner’s Office https://ico.org.uk/ |
|
USA |
Consumer Financial Protection Bureau https://www.consumerfinance.gov/ |
7. HOW CAN YOU CONTACT US ABOUT THIS PRIVACY POLICY?
If you have questions or comments about this Policy, email our Privacy Officer at [email protected] or send us a letter at:
Airtm Inc.
8 The Green, STE 300, Dover
DE 19901
US
We would be happy to hear any feedback and answer any questions you may have.
Last update: May, 2023
1. INTRODUCTION
Airtm (“us”, “we”, or “our”) uses cookies and other tracking technologies on its website and Apps (“Service”), and this Cookie Policy explains what cookies are, how we and other third parties use cookies and tracking technologies, your choices regarding cookies and tracking technologies, and further information about cookies and tracking technologies.
2. WHAT ARE COOKIES?
Cookies are small pieces of data, stored in text files, and on your computer or other device when websites are loaded in a browser. They are widely used to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in.
Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
First-party & Third-party Cookies
First-party Cookies are cookies that belong to the Company and that we place on your device; and Third-party Cookies are cookies that another party places on your device through our Site.
Session Cookie
Session Cookies are temporary cookies that are used to remember you during the course of your visit to the website, and they expire when you close the web browser. Once you close the browser, all Session Cookies are deleted.
Persistent Cookies
A Persistent Cookie is a cookie that is stored by the web browser on your device until it expires or you delete it. Persistent Cookies are used to remember your preferences within the website and remain on your desktop or mobile device even after you close your browser or restart your computer. We use these cookies to analyze user behavior to establish visit patterns so that we can improve our website functionality for you and others who visit our website(s). These cookies also allow us to serve you with targeted advertising and measure the effectiveness of our site functionality and advertising.
3. AIRTM’S COOKIES, LOCAL STORAGE AND SESSION STORAGE
Although here at Airtm we don’t use any First Party Cookies, we do use Local Storage and Session Storage. Local and Session Storage are used to store data in the browser and are accessible from the client-side only; this means web servers can’t access them directly.
The main difference between Local and Session storage is that, while Local Storage has no expiration date, Session Storage is cleared when you close the browser tab – hence the name “session”.
4. THIRD PARTY COOKIES
Even if we do not use First Party Cookies, we may use various Third Party cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on. You can manage your Third Party Cookies settings through our website or our apps. Please go to Appendix A for the list of our Third Party Cookies.
5. WHAT ARE YOUR OPTIONS REGARDING COOKIES?
Most web browsers let you choose whether to accept cookies, and most also let you delete cookies already set. The choices available, and the mechanism used, will vary from browser to browser. Such browser settings are typically found in the “options”, “tools” or “preferences” menu. You may also consult the browser’s “help” menu. For example:
Cookie settings in Internet Explorer
There are online tools available for clearing all cookies left behind by the websites you have visited, such as www.allaboutcookies.org; and for users in the EEA & UK, https://www.youronlinechoices.eu/.
Most advertising networks offer you a way to opt out of Interest Based Advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.
6. OTHER IDENTIFICATION TECHNOLOGIES
In addition to Third Party Cookies, there are other identification technologies we may use or permit on our Services:
1. “Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a web page, app, or advertisement which can retrieve certain information about your device and browser, including for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information, including the small text file (the cookie) that uniquely identifies the device. Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. Facebook Pixel and Google tag are currently being used.
2. “Software Development Kits” (also called SDKs) function like pixels and cookies, but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, and thereby allow the partner to collect certain information about user interaction with the app and information about the user device and network information. Kount, Onfido and Leanplum software development kits are currently being used.
7. CONTACT US
If you have any question about how we collect and use cookies, don’t hesitate to contact us; our Compliance Officer – Privacy Officer will reply as soon as possible.
You can contact us via e-mail or post mail:
E-mail: [email protected]
Airtm Inc.
8 The Green, STE 300, Dover
DE 19901
US
APPENDIX A – THIRD PARTY COOKIES
