Introduction

These specific Terms and Conditions govern your use of the Datacultr website and / or Platforms hereinafter referred to as the “Platform.” By accessing or using the Website and/or our Platforms, you agree to abide by these Terms and Conditions. These Terms and Conditions are subject to change without notice, so please review them periodically for updates.

Data Subject

The term “Data Subject” refers to an individual whose personal data is being collected, processed, or stored. This includes any user or individual whose information is provided or obtained through the use of the platform.

Processor

The term “Processor” pertains to any entity or organization that processes personal data on behalf of the Data Controller (or Principal) in accordance with their instructions. This typically involves activities such as data storage, analysis, or transmission. The Processor acts under the authority of the Data Controller and does not make independent decisions regarding the use of the data.

Principal

In the context of data processing, the “Principal” refers to the Data Controller or the entity that determines the purposes and means of processing personal data. The Principal is typically the owner or operator of the platform and is responsible for ensuring compliance with data protection laws and regulations.

Data Protection

1. Your privacy is important to us. We are committed to protecting your personal information in compliance with the Data Protection Law DIFC Law No. 5 of 2020 in the Dubai International Financial Centre (DIFC).
2. By using the Datacultr Platform, you acknowledge that we may collect, store, and process your personal information in accordance with these Terms and Conditions and our Privacy Policy.
3. We collect personal information provided voluntarily by you, such as your name, email address, and any other information you choose to provide when using the Platform.
4. We may also collect certain non-personal information automatically, such as your IP address, device make and model, browser type, and operating system, to improve the functionality of the Platform and better understand how users interact with it.
5. Your personal information will only be used for the purposes for which it was collected, unless we obtain your consent to use it for other purposes or are required by law to do so.

Use of Personal Information

1. We may use your personal information to provide you with the services offered or via the Platform, respond to your inquiries or requests, and communicate with you about your transactions, support requests, etc.
2. We may also use your personal information to improve the Platform functionality, personalize your experience, and analyze trends and usage patterns.
3. We will not sell, rent, or lease your personal information to third parties unless we have your permission or are required by law to do so.

Data Security

1. We are committed to ensuring the security of your personal information and have implemented appropriate technical and organizational measures to protect it from unauthorized access, disclosure, alteration, or destruction.
2. However, please note that no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee the absolute security of your personal information.

Your Rights and Our Responsibilities

• Provision of Information:

At the time of collecting your personal information, we are committed to providing you with comprehensive details regarding its usage, the legal basis for processing, disclosure practices, retention period, data origin, and your associated rights. These particulars are available within this Privacy Policy.

• Request for Access to Personal Data:

If you are a data subject and wish to request access to your personal data held by Datacultr, you may do so by sending an email to our Data Protection Officer (DPO) at dpo at datacultr.com. Please note that such requests will be processed in accordance with applicable data protection laws and regulations, including the Data Protection Law of DIFC UAE and all applicable direct and/or indirect contracts that may be applicable to your data.

• Right to Rectification:

Should you identify any inaccuracies within your information, you possess the authority to request corrections. We undertake prompt amendments upon receipt of substantiated evidence.

• Right to Erasure (‘Right to Be Forgotten’):

You reserve the prerogative to request the deletion of your personal data under circumstances including, but not limited to, its perceived redundancy, absence of legitimate processing grounds, unlawful utilization, or legal mandate for deletion. If you wish to request the deletion of your personal data held by Datacultr, and such data is not subject to ongoing agreements, you may do so by sending an email to our Data Protection Officer (DPO) at dpo at datacultr.com. Please note that deletion requests will be processed in accordance with applicable data protection laws and regulations, including the Data Protection Law of DIFC UAE and all applicable direct and/or indirect contracts that may be applicable to your data. Data Deletion requests are reprocessed at 30, 60, and 90 days to ensure a full deletion. You must submit any data deletion requests in all connected systems and Datacultr clouds.

• Right to Restrict Processing:

You maintain the option to halt the processing of your personal data if deemed inaccurate, unlawfully handled, required for legal proceedings, or if our legitimacy in its utilization is under question and your objection is being considered.

• Notification Obligation:

Upon request, we shall inform all recipients of your personal information about any modifications, deletions, or restrictions pertaining to its usage.

• Right to Data Portability:

If your data processing is consent-based or necessitated for contractual obligations, you possess the right to receive your personal data in a structured, commonly used, machine-readable format or transmit it to another data controller.

• Right to Object:

In instances where we utilize your personal data to serve our legitimate interests, you retain the right to object. We commit to providing a mechanism for objection whenever such utilization is intended.

• Right to Withdraw Consent:

You reserve the right to revoke consent under circumstances where data processing lacks a lawful basis, consent was not obtained for specific purposes, or adequate information regarding your rights was not provided.

• Right to Human Intervention:

In cases where automated processes influence decisions, such as loan applications, you may request a human review of the outcome.

• Exceptions:

Situations may arise where fulfilling your rights becomes unfeasible due to compelling legitimate grounds or legal/regulatory obligations necessitating data retention.

• Consent

By accessing the Platform provided by Datacultr Fintech Limited, you hereby provide consent to the collection, retention, and processing of your personal information in conformity with the stipulations outlined in these Terms and Conditions and our Privacy Policy.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC).  Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, or arising from or related to use of the platform, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (DIFC). For disputes under 1,000,000 AED in value, the parties agree to exclusively hear the matter in the Small Claims Tribunal at the DIFC Courts.

Changes to Terms and Conditions

We reserve the right to modify or revise these Terms and Conditions at any time, and such changes will be effective immediately upon posting on the Website. Your continued use of the Datacultr Fintech Limited Website or its associated Platforms after any such changes constitutes your acceptance of the new Terms and Conditions.

Please read these Terms and Conditions carefully before using the Datacultr Fintech Limited Platform. If you do not agree with any part of these Terms and Conditions, you should not use the Platform.