ZenithWave Privacy Policy

General provisions

The objective of the present Privacy Policy (hereinafter: “Policy”) is to provide a detailed description of the methods applied by ZenithWave, with the registered office at Pikioni 10, Building: HIGHSIGHT RENTALS LTD, 3075, Limassol, Cyprus. (hereinafter: "ZenithWave", “we”, “us”) to collect and use information provided by persons using the ZenithWave's website (hereinafter: “Users”), including – where applicable – personal data. Please read this Policy carefully.
Protection of personal data and other data of portal Users

ZenithWave pays particular attention to respecting privacy of persons using our website and any applications available through the website (hereinafter: “Portal”, “Website”). Any personal data obtained through our portal are processed in compliance with applicable national regulations issued on the ground of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the EU L 119, 04/05/2016, p. 1-88) (hereinafter: “GDPR”). Our priority it to ensure protection of the rights and freedoms of individuals who provide us with their personal data. Use of the Portal in the basic scope does not require provision of the User’s personal data to ZenithWave. Provision of the personal data by the User is completely voluntary; however, provision of certain data is required for performance of the services by ZenithWave.

We understand the importance of maintaining confidentiality with regard to personal data. While providing us with his or her data, the User may be certain that we will do our best to keep it secret. We have undertaken measurable steps to ensure that users’ data remain confidential, secure and intact.
Who is the controller of the User’s data?

When you send us your personal data, ZenithWave becomes their controller within the meaning of GDPR. Access to Users’ data is only granted to those employees or partners who require that information to provide support related to execution of Users’ instructions connected with our products or services. We have implemented procedures connected with securing and using personal data.
How do we protect information?

The form filled in by the User during opening of the investment account as well as the authorization process (login) to our resources is carried out using the secure SSL protocol, which significantly increases the protection of data transmission in the Internet. The information provided by the User is stored and processed by ZenithWave with appropriate security measures that meet the requirements of GDPR.

Although ZenithWave undertakes all necessary efforts to ensure security of data provided to us, the User acknowledges that using the Internet is not completely safe and, therefore, we cannot always guarantee security or inviolability of personal data provided to us by the User(s) or to the User(s) via the Internet.
What kind of information about the User do we collect, for what purposes and on which legal basis?
1. Goal: opening a real account
  
  The scope of the data:
  
  if the User decides to open a real account, ZenithWave will require to provide certain information. The information may include among others first name and surname, address, date of birth, contact information, data for execution of payments as well as other necessary information, in particular required by anti-money laundering regulations. Periodically, we may also require provision of other information in order to improve the services performed. Most information is obtained directly from you by means of application forms or other forms as well as by maintaining registers of information provided to us during ongoing performance of services in favor of our Clients.
  
  Legal basis:
  - necessity to perform the agreement for the provision of services or in order to take steps at the request of the data subject prior to entering into a contract (article 6 (1) (b) of the GDPR);
  - necessity to fulfill the legal obligation incumbent on ZenithWave (article 6 (1) (c) of the GDPR).
2. Goal: marketing of products and services
  
  The scope of the data:
  
  if the User decides to participate in a marketing campaign or promotional campaign, in particular involving the opening of a demo account and its using, ZenithWave will require to provide certain information. This information may include first name and surname, contact details and other necessary information.
  
  Legal basis:
  - the legitimate interest of ZenithWave in marketing of products and services (article 6 (1) (f) of the GDPR).
3. Goal: statistics on the use of specific functionalities of the Portal and facilitating the use of the Portal and mobile applications and ensuring the IT security of the Portal
  
  The scope of the data:
  
  for these purposes, we process personal data regarding the User's activity on the Portal, such as for example: websites visited, frequency and duration of stay on the website and transaction activities.
  
  Legal basis:
  - the legitimate interest of ZenithWave (article 6 (1) (f) of the GDPR), consisting in facilitating the use of services provided electronically and improving the functionality of these services.
4. Goal: determination, investigation and enforcement of claims
  
  The scope of the data:
  
  In order to determine, investigate and enforce claims, we may process some of User’s personal data such as: first name, surname, date of birth, data on the use of our services.
  
  Legal basis:
  - the legitimate interest of ZenithWave (Article 6 (1) (f) of the GDPR), consisting in determining, investigating and enforcing claims and defending against claims in proceedings before courts and other state authorities.
5. Goal: dealing with complaints and requests, answers to questions
  
  The scope of the data:
  
  for this purpose, we may process certain personal data provided by the User when opening a real or demo account, data concerning the use of ZenithWave services that result in a complaint or application as well as data contained in the documents attached to the complaint or application. In certain situations, the obligation to consider a complaint thoroughly within a specified period is imposed by law, in particular consumer law.
  
  Legal basis:
  - the legitimate interest of ZenithWave (Article 6 (1) (f) of the GDPR), which consists in improving the functionality of services provided electronically and building positive relationships with Users and Users not logged in, based on reliability and loyalty;
  - necessity to fulfill the legal obligation incumbent on ZenithWave (article 6 (1) (c) of the GDPR).
Who do we share Users’ personal data with?

Co-operators

ZenithWave may share Users' personal data with cooperating entities, i.e. companies that ZenithWave owns and/or that ZenithWave controls and/or which are jointly with ZenithWave controlled and/or which belong to the same group of companies of ZenithWave and/or remain with ZenithWave in permanent cooperation (banks, investment companies, auditors, companies providing other financial services, IT companies, advisory or courier companies).

Location

The provision of services by ZenithWave may require the transfer of personal data to entities providing services to ZenithWave in other countries, including countries outside the European Economic Area. In the case of transfer to countries that do not provide adequate protection of personal data, ZenithWave applies safeguards in the form of standard data protection clauses adopted by the European Commission. The data subject has the possibility to obtain a copy of his or her data.
How long do we store personal data of the User?

ZenithWave stores personal data of the User for the period of duration of the agreement between the User and ZenithWave for the purpose of provision of service and functionalities associated with it as well as for marketing purposes. After the expiry of the contractual relationship, the User’s data are anonymized, with the exception of the following data: first name, surname, e-mail address, transaction history and information on given consents (this data ZenithWave will store for a period of 10 years from the expiry of contractual relationship for the purpose of dealing with complaints and claims related to the use of our service, and in the absence of a contractual relationship for the purposes of dealing with complaints and claims related to participation in promotional campaigns).

ZenithWave stores not logged Users’ personal data for the period of time corresponding to the life cycle of cookies saved on their devices. Details related to use of cookies are specified in part III. Using cookies – COOKIE FILES.
What are User’s rights in connection with processing his or her personal data?
1. Right to object to the using of data
  
  Pursuant to the article 21 GDPR, the User has a right to object at any time to the use of his or her personal data, if ZenithWave processes his or her data based on its legitimate interest e.g. in connection with the contract performance, marketing of products and services, keeping statistics on the use of particular functionalities of the Portal and facilitation of the use of the Portal.
  
  If the User’s objection turns out to be well founded and ZenithWave will have no other legal basis to process User’s personal data, ZenithWave will delete User’s personal data against the use of which opposition has been directed.
2. Right to restriction of data processing
  
  According to the article 18 GDPR, the User may request the restriction of processing of his or her personal data when the User contests the accuracy of his or her personal data (then ZenithWave limits their use for the time needed to verify User’s data accuracy, no longer than 14 days), when the processing of the User’s data is unlawful, and the User instead of the erasure of the personal data requests the restriction of their use, if the User’s personal data are not necessary for the purposes for which they were collected, but they are required by the User for the establishment, exercise or defense of claims and also when the User has objected to the use of his or her data (then ZenithWave limits data processing for time needed to consider whether the User’s protection of his or her interests, rights and freedoms prevails over interests that ZenithWave performs when processing User’s personal data).
3. Right to access, rectification and erasure of information about the User
  
  Article 15 GDPR states that the User has a right to obtain from ZenithWave confirmation whether his or her personal data are being processed. Where that is the case, the User has the right to access to his or her personal data and obtain information among others about purposes of the processing, categories of processed personal data, envisaged period for which the personal data will be stored, or the criteria used to determine that period, rights of the User under GDPR and right to lodge a compliant with a supervisory authority. Furthermore, the User has a right to receive a copy of all personal data about him or her held by ZenithWave and to inform ZenithWave about any inaccuracies noted. However, exceptions are provided for in this respect.
  
  The User may at any time notify ZenithWave that his or her data has changed or that he or she wishes ZenithWave to rectify or erase User’s personal data held by ZenithWave. In accordance with the instruction we will change, improve or erase data from our database, except, however, the extent to which we are obliged to store them under regulation or provisions of law for the purpose of providing services for the User which he or she requested us for or keep relevant business records.
4. Right to data portability
  
  Pursuant to the article 20 GDPR, the User has a right to receive his personal data, which he or she has provided and then transmit those data to another controller chosen by him or her.
  
  9. At what time do we comply with the User's request?
  
  If the User requests us to exercise any of the above-mentioned rights, we shall comply with this request or refuse to comply with it immediately, but no later than one month from the date of its receipt. In the event that we cannot meet the User's request within a month due to the complexity of the request or the number of requests received, we will meet it within the next two months. The User will be informed in advance about the intended extension of the deadline.
  
  10. How to contact us?
  
  In order to submit a request regarding access to the data, the user ought to contact us, verify his or her identity and specify the information in question.
  
  The User may contact our Data Protection Officer at the following e-mail address: [email protected]
  
  11. Use of cookies - COOKIE FILES
  
  ZenithWave uses cookies files to gather information.
  
  Cookie files are small data files, in particular, text files, which are stored in the terminal equipment (hard disc) of the Portal User and are destined for the use of Portal websites. Cookie files usually contain the name of the website, which they originate from, the duration of their storage in the terminal equipment as well as the unique number.
  
  11.1 Why do we use cookies?
  
  ZenithWave uses cookies files for the following purposes:
  1. to provide the User with more precise and comfordiv use of the Site, tailoring the content of the ZenithWave internet websites to the User’s preferences as well as to optimize the use of the Portal. In particular, such files enable to detect the equipment of the User of the Internet Service and properly display the internet website adjusted to the User’s individual needs;
  2. to examine the activity of the Portal’s User in order to create anonymous, aggregated statistics, which help us to understand in what way the Portal’s Users use the internet websites, which contributes to the improvement of the structure and content of those sites as well as identification of the source, which the User has used to enter the Site;
  3. to maintain the session of the Portal’s User (after logging-in).

The cookies are often used by many sites in Internet. The User may elect whether and in what way the cookie will be accepted through the change of preferences and options in his/her browser. If the User decides to shut down the cookies support in his/her browser, the access to some parts of the Site may be impossible.

ZenithWave uses two main kinds of cookie files:

persistent cookies are stored in the User’s terminal equipment for the period of time defined in the parameters of the cookies files, or by the time they are deleted by the User;
session cookies are stored in the User’s terminal equipment by the time of logging-out or closing the browser's window.

Managing browser’s settings

In many cases the software which is used for viewing the internet websites implicitly allows the storage of cookies files in the User’s terminal equipment. The Users of the Site may, at any time, change the settings regarding cookies files. Such settings may be changed, in particular, in such a way, so as to block the automatic processing of cookies files in the settings of the internet browser, or inform each time about their placing in the User’s equipment. The detailed information about the possibility and ways of processing cookies files, including, the disabling, blocking and deleting cookies files, is available in the settings of the software for a concrete internet website.

Information on disabling the handling of the cookies files for the most popular internet websites:

For internet browser Internet Explorer 11 for Windows 10 system:
1. click button Tools “ ” – the gear-wheel icon at the top right of the browser window and then click “Internet options” in the browser window;
2. then click the “Privacy” tab and in the "Settings" area select position "Advanced", then decide whether you want to allow cookie files, block them, or whether you want to be prompted with cookie files;
3. then click “ok”.
For internet browser Internet Mozilla Firefox:
1. at the top of the Firefox browser window press the menu button “ ” (in XP Windows click Menu Tools) and choose “Options”;
2. select “Privacy & Security” panel and go to the History section;
3. choose from the dropped down menu “Firefox Programme” option “Use custom settings for history”;
4. uncheck the function “Accept cookies”;
5. close the about: preferences page. Any changes you've made will automatically be saved.
For internet browser Internet Google Chrome:
1. in the upper right corner of the Chrome browser window click “ ”;
2. select „Settings”;
3. at the bottom, click “Advanced”;
4. under "Privacy and security," click “Content settings”;
5. click “Cookies”;
6. turn off “Allow sites to save and read cookie data”.

ZenithWave announces that the limitations in the use of cookies files may have an impact on the operations of some functionalities available on the Portal’s sites.

Not making changes of the settings of the internet browser for the settings blocking the writing of the cookies files is equivocal with the granting of consent for their writing.

You may find more information on cookies at the address: www.aboutcookies.org , or in section Help in the internet browser menu

This Policy refers to the use of the cookies only through this Portal and is not applicable to their use by any third party.

If a User opens an account with us, he, or she will have to use our software which makes possible for us to use cookies with regard to the User’s access to this Portal.

Links to other websites

Links to websites of other entities are available at our website. The links are provided for the User’s convenience, but we do not review, control or monitor privacy practices applied at third parties’ websites. Our Policy does not relate to websites maintained by third parties. We are not liable for the activities of websites maintained by third parties or transactions performed with such persons. We encourage Users to read the content of privacy statements posted on partner websites, in particular if the User’s personal data are collected through them.
Mobile Applications Privacy Policy

This chapter describes the privacy policy of ZenithWave mobile applications.

The mobile device stores an enciphered unique Application Identifier (the parameter is generated in the process of Application registration on the ZenithWave side) – it is stored on the device until the deletion of the mobile application from the device.

The Application Identifier referred to above and information about the brand, type and hardware token of the mobile device is transferred to ZenithWave in the registration process of the device in the Application and it is used for explicit identification of the Application and the mobile device.

The communication between the mobile application and ZenithWave system is held with the use of advanced deciphering mechanisms.

Depending on a mobile platform, ZenithWave applications may gain access to the following functions on the mobile device:
1. Internet connection;
2. Device camera to take pictures of documents and/or user’s face during real account registration;
3. Photo gallery on the device to send pictures of documents and/or user’s face during real account registration;
4. Access to user’s space to save a picture;
5. Advertising Identifier (IDFA) to monitor efficiency of our own advertising campaigns and installation of our application;
6. Chat microphone;
7. Phone mode in order to switch on the sleep mode of the application when it is in the background.
  
  Depending on the mobile application, application functions may be cancelled by changing system settings on the device or uninstalling the application.
  
  Mobile applications do not store any personal data which could allow a third party to identify a particular application user. Anonymous data concerning users’ activity on Mobile Applications may be processed
  
  by ZenithWave for statistical purposes.
  
  Additionally, ZenithWave informs that the applications have three connected services:
  1. Google Firebase – to collect statistical data of application performance and information about the way customers use the application, such data is fully anonymous,
  2. Fabric.io – to collect statistical data of application performance and information about the way customers use the application, such data is fully anonymous, additionally, this service allows ZenithWave to collect crash, i.e. applications’ errors which are also fully anonymous and deprived of any data which may enable to identify the customer or their information, and,
  3. Facebook Mobile SDK – to collect statistical data of conducted campaigns promoting the mobile application and information about the way customers use the application, such data is fully anonymous.
  If you do not consent to this privacy policy, please do not install the Application, or uninstall it.
Final provisions

ZenithWave reserves the right to amend this Policy. Amendments are performed by publication of the new Policy at the website. Amendments become effective at the time of implementation. Users are encouraged to acquaint themselves periodically with the text of this Policy in order to track amendments to its provisions.

Using this website means acceptance of this Policy. If the User does not accept it, ZenithWave will not enable access to its services and use of the services must be stopped immediately.

Any disputes regarding this Policy, if not resolved amicably, will be resolved by the court of competent jurisdiction.