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Privacy Policy

This policy sets out:

(1) the information “we” or “MindWave Overeas Ltd.  collect about you when you visit our website, use our products or services, or otherwise interact with us;

(2) how we use, share, store, and secure the information; and

(3) how you may access and control the information.

In this policy, “MindWave Overeas Ltd” or “we” refers to MindWave Ltd. of BVI, and “Platform” means our website at https://www.mindwavedao.com and our software, namely MindWave

In this policy, “personal information” refers to any data, information, or combination of data and information that is provided by you to us, or through your use of our products or services, that relates to an identifiable individual.

  1. WHAT INFORMATION WE COLLECT ABOUT YOU

1.1 We collect the following types of information about you:

(a) account and profile information that you provide when you register for an account or sign up for our products or services, for example full name, email address, wallet address, organization, country of residence, etc (collectively, “Account Data”);

(b) information you provide through support channels, for example when you report a problem to us or interact with our support team, including any contact information, documentation, or screenshots (collectively, “Support Data”);

(c) content you provide through use of our products or services, for example connect wallet, registering interest in project participations, perform transactions, browse project details, etc (collectively, “User Content”);

(d) communication, marketing, and other preferences that you provide us set when you set up your account or profile, or when you participate in a survey or a questionnaire that we send you (collectively, “Preference Data”);

(e) details of any transactions, purchases, or orders that you’ve made with us (collectively, “Transaction Data”);

(f) payment information, for example Personal digital assets wallet address (collectively, “Financial Data”);

(g) information about your device or connection, for example IP address, UUID, etc and information we collect through cookies and other data collection technologies (collectively, “Technical Data”); and

(h) Information about your use of or visit to our Platform, for example wallet connection, perform transactions, etc (collectively, “Usage Data”).

 

1.2 We collect the above information when you provide it to us or when you use or visit our Platform. We may also receive information about you from other sources, including:

(a) our personnel, agents, advisors, consultants, and contractors based over the world in connection with our operations or services, for example our staff engaged in the fulfillment of your order, processing of your payment, and provision of support services;

(b) other users of our products or services, for example mailing list, reward drops, etc;

(c) other services linked to your account, for example wallet interaction with other services, etc;

(d) our group companies or overseas offices that provide any of the above services and more; and

(e) our business partners and service providers based around the world who provide any services, etc.

1.3 We do not collect sensitive data or special category data about you. This includes details about your race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, or sexual orientation.

 

  1. HOW WE USE INFORMATION WE COLLECT

2.1 We only use your personal information where the law allows us to. We use your personal information only where:

(a) we need to perform the contract we have entered into (or are about to enter into) with you, including to operate our products or services, to provide customer support and personalized features, and to protect the safety and security of our Platform;

(b) it satisfies a legitimate interest which is not overridden by your fundamental rights or data protection interests, for example for research and development, and in order to protect our legal rights and interests

(c) you’ve given us consent to do so for a specific purpose, for example we may send you direct marketing materials or publish your information as part of our testimonials or customer stories to promote our products or services with your permission; or

(d) we need to comply with a legal or regulatory obligation.

2.2 If you have given us consent to use your personal information for a specific purpose, you have the right to withdraw your consent any time by contacting us (please refer to paragraph 9. for contact information), but please note this will not affect any use of your information that has already taken place.

2.3 We do not share your personal information with any company outside our group for marketing purpose, unless with your express specific consent to do so. 2.4 For visitors to or users of our Platform who are located in the European Union, MindWave Ltd. has full discretion to decide matters related to Global Data Protection Rights (GDPR).

  1. HOW WE SHARE INFORMATION WE COLLECT

3.1 We may share information with third parties that help us operate, provide, support, improve, and market our products and services, for example third-party service providers who provide KYC, AML verification services, token staking, token swaps, DEX, token sale, online support platform, social media platforms, etc.

3.2 Third-party service providers have access to your personal information only for the purpose of performing their services and in compliance with applicable laws and regulations. We require these third-party service providers to maintain confidentiality and security of all personal information that they process on our behalf and to implement and maintain reasonable security measures to protect the confidentiality, integrity, and availability of your personal information.

3.3 We take reasonable steps to confirm that all third-party service providers that we engage process personal information in the manner that provides at least the same level of protection as is provided under this policy. Where any third-party provider is unable to satisfy our requirements, we will require them to notify us immediately and we will take reasonable steps to prevent or stop non-compliant processing.

3.4 We may share personal information on aggregated or de-identified basis with third parties for research and analysis, profiling, and similar purposes to help us improve our products and services.

3.5 If you use any third-party software in connection with our products or services, for example any third-party software that our Platform integrates with, you might give the third-party software provider access to your account and information. Policies and procedures of third-party software providers are not controlled by us, and this policy does not cover how your information is collected or used by third-party software providers. We encourage you to review the privacy policies of third-party software providers before you use the third-party software.

3.6 Our Platform may contain links to third-party websites over which we have no control. If you follow a link to any of these websites or submit information to them, your information

will be governed by their policies. We encourage you to review the privacy policies of third-party websites before you submit information to them.

3.7 We may share your information with government and law enforcement officials to comply with applicable laws or regulations, for example when we respond to claims, legal processes, law enforcement, or national security requests.

3.8 If we are acquired by a third party as a result of a merger, acquisition, or business transfer, your personal information may be disclosed and/or transferred to a third party in connection with such transaction. We will notify you if such transaction takes place and inform you of any choices you may have regarding your information.

 

  1. HOW WE STORE AND SECURE INFORMATION WE COLLECT

4.1 MindWave Overeas Ltd., hereinafter referred to as (MindWave), utilizes multiple data providers (“Data Providers”) across various jurisdictions globally (“Territories”).

4.2 We have adopted the following measures to protect the security and integrity of your personal information:

(a) information is encrypted using TLS/SSL technology;

(b) access to your personal information is restricted to personnel or service providers on a strictly need-to-know basis, who will only process your information on our instructions and who are subject to a duty of confidentiality; and (d) our information collection, storage, and processing practices are reviewed regularly.

4.3 We have put in place procedures to deal with any suspected privacy breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

4.4 While we implement safeguards designed to protect your information, please note that no transmission of information on the Internet is completely secure. We cannot guarantee that your information, during transmission through the Internet or while stored on our systems or processed by us, is absolutely safe and secure.

4.5 We only retain personal information for so long as it is reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We periodically review the basis and appropriateness of our data retention policy.

 

  1. HOW WE TRANSFER INFORMATION INTERNATIONALLY

5.1 We collect information globally and primarily store that information in databases(s) and/or smart contracts. We transfer, process, and store your information outside your country of residence where we or our service providers operate for the purpose of providing our products and services to you.

5.2 Some of the countries in which our companies or service providers are located may not have the privacy and data protection laws that are equivalent to those in your country of residence. When we share information with these companies or service providers, we make use of contractual clauses, corporate rules, and other appropriate mechanisms to safeguard the transfer of information.

 

  1. YOUR RIGHTS

6.1 Our Platform enables you to update certain information about yourself, for example email address, etc.

6.2 You may opt out of receiving marketing materials from us by emailing, contact@mindwavedao.com. Please note, however, that even if you opt out from receiving marketing materials from us, you may continue to receive notifications or information from us that are necessary for the use of our products or services.

6.3 As a security measure, we may need specific information from you to help us confirm your identity when processing your privacy requests or when you exercise your rights.

6.4 We will respond to all legitimate requests within one (1) month. Occasionally, it may take us longer than a month if your request is particularly complex or if you have made a number of

requests. However, we may charge a reasonable administration fee if your request is clearly unfounded,

 

  1. CHANGES TO THIS POLICY

We may amend this policy from time to time by posting the updated policy on our Platform. By continuing to use our Platform after the changes come into effect, you agree to be bound by the revised policy.

 

  1. POLICY TOWARDS CHILDREN

Our products and services are not directed to individuals under the age of 18 years old. We do not knowingly collect personal information from individuals under 18 years old. If we become aware that an individual under 18 years old has provided us with personal information, we will take steps to delete such information. Contact us if you believe that we have mistakenly or unintentionally collected information from an individual under.

 

  1. CONTACT US

9.1 Please contact us at contact@mindwavedao.com or submit any written request to:

MindWave Overeas Ltd.

P.O.Box 3444 Road Town, Tortola , BVI

 

Attn: Chief Data Officer

9.2 Please contact us in the first instance if you have any questions or concerns. If you have unresolved concerns, you have the right to file a complaint with a data protection authority in the country where you live or work or where you feel your rights have been infringed.

Last updated: “MindWave Overeas Ltd

 

COOKIES POLICY

Cookies are small text files that are placed on your device by a web server when you access our Platform. We use cookies to identify your access and monitor usage and web traffic on our Platform to customize and improve our products and services.

We use both persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to our Site or a partner site that uses our services. Session cookies only last for as long as the session lasts (usually the current visit to a website or a browser session).

We use the following types of cookies:

(a) Strictly necessary cookies – these are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our website.

You can block cookies by activating the setting on your browser that allows you to refuse the use of all or some cookies. However, if you do so, you may not be able to access all or parts of our site.

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Our Office
P.O.Box 3444
Road Town,
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Disclaimer

No Investment Advice

The information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice and you should not treat any of the website’s content as such. MindWave Ltd., hereinafter referred to as  (MindWave) does not recommend that any cryptocurrency, should be bought, sold, or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions. Crypto currency investments are volatile and high risk in nature. Don’t invest more than what you can afford to lose. If you had never participated before or are not familiar with this industry, we strongly recommend that you avoid any future transactions. Please also obtain your own legal advice before participating in any of the projects listed on MindWave.

Accuracy of Information

MindWave will strive to ensure accuracy of information listed on this website although it will not hold any responsibility for any missing or wrong information. MindWave provides all information as is. You understand that you are using any and all information available here at your own risk. We will not be responsible for any presumptions or mistakes made as a result of reliance on the information provided.

Non Endorsement

The appearance of third party advertisements and hyperlinks on MindWave does not constitute an endorsement, guarantee, warranty, or recommendation by MindWave. Do conduct your own due diligence before deciding to use any third party services.

Legal Considerations and Risks

Participants to our beneficial rights token may lose all monies that you / they have spent by purchasing of tokens. In the event that you had purchase tokens, there is no guarantee that refunds will be transferred to you smoothly should refunds be initiated.

Waivers

You are waiving your rights by agreeing to these terms and conditions and by participating in buying/selling of MindWave’s beneficial rights token, you agree that you will have no recourse for any claim, action, judgement or remedy against MindWave Ltd. We strongly urge you not to participate in the buying/selling of the NILA beneficial rights token if you are uncomfortable with any of our terms and conditions or disclaimers above.

LIMITATION OF LIABILITY

In no event shall MindWave or any of its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, joint ventures, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assignee’s (hereinafter the “Affiliates”) be responsible or accountable or liable in any way whatsoever to any purchaser of Tokens for any loss of profits or otherwise or for any lost savings or for any incidental direct indirect special or consequential damages in each case arising out of or from or in connection with any projects listed on MindWave.

The Available Information (including the Website ) and the Tokens are provided on an “as is” basis and without any representations or warranties of any kind, either express or implied. You assume all responsibility and risk with respect to your use of the Available Information and purchasing of any amount of Tokens and their use. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, you hereby irrevocably and unconditionally waive:

(i) all and any claims (whether actual or contingent and whether as an employee, office holder, trustee, agent, principal or in any other capacity whatsoever or howsoever arising) including, without limitation, claims for or relating to the Excluded Liability Matters, any payment or repayment of monies, indemnity or otherwise that you may have against MindWave or against any Affiliate; and

(ii) release and discharge MindWave and all of the Affiliates from any and all liability (of whatsoever nature or howsoever arising) it or they may have to you. If for any reason you hereafter bring or commence any action or legal proceeding in respect of any claim purported to be released and discharged pursuant to this paragraph or these Terms, or otherwise attempt to pursue any such claim against MindWave or any Affiliates then you hereby irrevocably and unconditionally undertake to indemnify, and keep indemnified MindWave and all Affiliates fully on demand from and against:

all liabilities or losses suffered by MindWave or any of its Affiliates; and

all reasonable costs, charges and reasonable expenses (including without limitation reasonable legal costs and expenses) reasonably and properly incurred by MindWave or any of its Affiliates,

in each case by reason of or in connection with the bringing or commencement of such action or pursuit of such claim by you.

If any provision or part-provision of this “Legal Considerations, Risks and Disclaimer” section is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this “Legal Considerations, Risks and Disclaimer” section shall not affect the validity and enforceability of the rest of this “Legal Considerations, Risks and Disclaimer” section.

In the event that MindWave may experience system failures, unplanned interruptions in its network or services, hardware or software defects, security breaches or other causes that could adversely affect MindWave’s infrastructure network, and/or MindWave Network that is being further developed.

MindWave and/or its Affiliates are not able to anticipate when there would be occurrences of hacks, cyber-attacks, distributed denials of service or errors, vulnerabilities or defects in: the Modex Network that is being further developed, in the smart contracts on which MindWave and/or its Affiliates relies, on any other blockchain. Such events may include, for example, flaws in programming or source code leading to exploitation or abuse thereof.

MindWave and/or its Affiliates may not be able to detect such hacks, cyber-attacks, distributed denials of service errors, vulnerabilities or defects in a timely manner, and may not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.

The network or services of MindWave and/or its Affiliates, which would include other potential Networks that is being further developed and, if successfully structured, developed, licensed and launched, the Token functionality, could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorised users, some of which are beyond the control of MindWave and/or its Affiliates. There can be no assurance that cyber-attacks, such as distributed denials of service, will not be attempted in the future or that the security measures of MindWave and/or its Affiliates will be effective. MindWave and/or its Affiliates may be prone to attacks on its infrastructure intended to steal information about its technology, financial data or user information or take other actions that would be damaging to MindWave and/or holders of the Tokens. Any significant breach of the security measures of MindWave and/ or its Affiliates or other disruptions resulting in a compromise of the usability, stability, and security of the Modex Network that is being further developed may adversely affect the utility, liquidity and/or trading price of the Tokens.

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