Herity Network 

PRIVACY NOTICE 

Last revised:  July 2023

The following Privacy Notice was designed for Herity Network and it will be reviewed and updated periodically 

according to all applicable laws and regulations.

The purpose of this Privacy Notice is to easily inform you about:

1. The definitions of the terms provided by the GDPR.
2. Who is Herity Network
3. Where can you find us and how can you contact us
4. What personal data Herity Network may process about you, how your personal data are processed by Herity Network, the purpose, legal basis and period of the processing
5. The disclosure of your personal data to third parties
6. Which are your rights and how can you effectively exercise them
7. Children’s personal data – we do not process data for children under 16 years old
8. What security precautions does Herity Network have in place to protect your personal data
9. Links to other websites
10. Updates to the privacy policy
11. Information concerning Data Protection Supervisory Authority
12. Definitions according to the GDPR

NSAPDP represents The National Supervisory Authority for Personal Data Processing, the Romanian

independent public authority responsible for the compliance with the protection of personal data

requirements;

Personal data represents any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

Processing represents any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization,

structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission,

dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Restriction of processing represents the marking of stored personal data with the aim of limiting their processing in the future;

Controller represents the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the European Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

Processor represents a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

Recipient represents a natural or legal person, public authority, agency or another body, to which the

personal data are disclosed, whether it is a third party or not. However, public authorities which may

receive personal data in the framework of a particular inquiry in accordance with the European Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing; 

Third party a natural or legal person, public authority, agency or body other than the data subject,

controller, processor and persons who, under the direct authority of the controller or processor, are

authorized to process personal data;

Data Breach represents a breach of security leading to the accidental or unlawful destruction, loss,

alteration, unauthorized disclosure of, or access to, personal data. This means that a breach is more than just losing personal data.

1. Who is Herity Network

Herity Network is the owner and administrator of the website herity.io and associated platforms: staking platform, seed financing platform and NFT Marketplace.

According to the GDPR regulation, considering the personal data processed by our platforms, we (Herity Network) are considered data controller and our visitors and users are considered data subjects.

Herity Network observes the confidentiality and security of the personal data constantly ensuring that all personal data are processed only for specific, explicit and legal purposes, according with the principles and provisions of the GDPR.

2. Where can you find us and how you can contact us

With respect to any information regarding the personal data we process you e-mail us at info@herity.io

3. What personal data Herity Network may process about you, how your personal data are processed by

Herity Network, the purpose, legal basis and the period of the processing

In general, we collect personal data directly from you in view of ensuring your control over the type of information you provide to us.

Please bear in mind that personal data is considered any data that could directly or indirectly identify you, as a person. Although a personal data such as your YouTube video preferences collected through our cookies is not considered, per se, a personal data because it could not lead to your identification. For example, such data, only combined with other data (for example any data that you provide to us on social media, YouTube channel, etc) could eventually identify you.

Even so, you have nothing to worry about as we have in place all the security measures to protect any personal data that we collet through our website, described in section 7 below.

To easily identify the personal data we process, we have combined them in several categories according to the purpose of processing.

Herity Network processes the users’ personal data who visit the Platforms, as follows:

CATEGORY 1 – USING OUR WEBSITE AND ABOVE MENTIONED PLATFORMS

Personal data – YouTube video preferences, ads that raised your interest, any other preferences revealed by cookies existing on our website;

For more information regarding the implemented Cookies please visit our Cookie Policy where you can find a link to the Privacy Policy of the cookie’s provider.

The purpose of processing – the personal data are processed for the purpose of providing you with

personalised and tailored content based on the data that our cookies collected from you;

The legal Basis – art. 6 para. 1 letter a) of the GDPR Regulation, which allows us to process personal data based on your consent given to us.

The collection method – directly from you, when you access and use our website and platforms;

The retention period – as a rule we try to keep less data as possible.

The personal data that we collect through our cookies are kept in accordance with our Cookie Policy.

CATEGORY 2 – SOCIAL MEDIA PLATFORMS

Personal data – related to each user, such as: user’s social media accounts; any other information users decide to provide us with when they contact us on the social media platforms; any other information users decide to provide us with when they contact us by e-mail; comments and/or posts on our profiles;

Given that the internet is not a safe space, please do not send us or limit, as much as possible, the personal data communicated through social platforms or e-mail.

The purpose of processing – the personal data mentioned above are processed for customer support

purposes;

The legal Basis: Art. 6 para. 1 letter b) of the GDPR Regulation, which allows us to process personal data when necessary, for performance of a contract or for the steps prior to its conclusion;

The collection method – personal data are collected directly from users when they decide to contact us;

The retention period: personal data are stored for the purpose of proving the fulfilment of contractual

obligations between the parties for a period between 30 days and 1 year, depending on the nature of the request (complaint, request for guarantee, contractual request, general request, etc.);

Generally, personal data are kept for a limited period according to the purpose of the processing and the legal provisions applicable to each category of data.

Herity Network ensures the proper deletion of personal data when such processing is no longer necessary.

4. The disclosure of your personal to third parties

Throughout its normal course of business Herity Network will not disclose or transfer, for direct marketing

purposes, your personal data to third parties, regardless if such parties are located in Romania, in EU or outside EU.

Our employees

Herity Network employees having access to personal data have been trained to observe the security and confidentiality of the personal data they have access to in performing the business activity. Herity Network employees’ access to personal data is limited to the information required in performing their specific tasks.

Suppliers

We perform our daily activities at the highest standards thus sometimes we chose to cooperate with other companies in order to facilitate several technical or administrative processes such as: e-mail hosting services, storing data, sever hosting, legal services etc.

In case we decide to contract third parties for the supply of specific services, we will ensure that such third party complies with the provisions of GDPR and we will provide all information required for the proper performance of their services.

Legal requirements

Your personal data may be communicated to governmental authorities and/or law enforcement agencies if required by the applicable law.

5. Which are your rights and how can you effectively exercise them

Herity Network as data controller, ensures technical and organizational measures to be sure that your rights (as a data subject) are observed:

Right of access

You have the right to obtain the confirmation as to whether or not personal data concerning you are being processed by us, and, where that is the case, access to your personal data and information on how they are processed.

Right to data portability

You have the right to receive some of your personal data, which you have provided to us, in a structured, commonly used and machine-readable format and you have also the right to transmit those data to another controller without hindrance from us, where technically feasible.

Right to object

You have the right to object to processing of your personal data, when processing is necessary for the performance of a task carried out in the public interest or for the purposes of the legitimate interests pursued by us. You have the right to object at any time if your personal data are being processed for direct marketing purposes.

Right to rectification

You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. The rectification shall be communicated to each recipient to whom the data was sent unless this proves impossible or involves disproportionate (demonstrable) efforts. 

Right to erasure (‘right to be forgotten’)

You have the right to obtain from us the erasure of personal data concerning you without undue delay and we have the obligation to erase your personal data without undue delay where one of the following grounds applies: your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraws consent on which the processing is based and there is no other legal ground for the processing; you objects to the processing and there are no overriding legitimate grounds for the processing; your personal data have been unlawfully processed; your personal data have to be erased for compliance with a legal obligation; your personal data have been collected in relation to the offer of information society services.

Right to restriction of processing

You have the right to obtain from us restriction of processing where one of the following applies: you

contest the accuracy of your personal data, for a period enabling us to verify the accuracy of your personal data; the processing is unlawful and you oppose the erasure of your personal data and request the restriction of their use instead; we no longer need your personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; you has objected top processing pending the verification whether the legitimate grounds of the controller override those of the data subject.

Right not to be subject to a decision based solely on automated processing

You have the right not to be subject to a decision solely based on automated processing, including

profiling, which produces legal effects concerning the data subject or similarly affects the data subject in a

significant manner. Therefore, we hereby state that Herity Network does not use applications, algorithms, artificialintelligence or automatic process to make automatic decisions (without human intervention) that produces legal effects.

The exercising of the above rights may be performed at any time. For using these rights we encourage you to submit your written request (together with your contact details) in electronic format by mail at

info@herity.io

To exercise your rights listed above you can send us your request (accompanied by your contact

details) electronically to the e-mail address info@herity.io

6. Children’s personal data

Herity Network does not collect any Personal Data from children under the age of 16.

So, if you are under 16 please do not submit to us any Personal Data.

7. What security precautions does Herity Network takes to protect your personal data

We have assumed the responsibility to implement proper technical and organizational measures regarding the protection of privacy and security of your personal data. We have taken all reasonable measures to protect your Personal Data from damage, loss, misuse, unauthorized access, alteration,destruction, or disclosure, as following:

1. People who have access to our filing system are only those nominated by Herity Network. To accesses the

system, they use individual accounts and passwords which are changed periodically.

1. All our employees, collaborators and service providers who are in contact with personal data must act in accordance with the principles and policies regarding to the processing of personal data. They

were informed and they have assumed to respect of the GDPR by signing the Data Processing

Agreements or as an effect of the law.

1. our employees and collaborators access personal data for the performance of their professional

duties and only in accordance with the stated purpose of data collection.

1. Computers from which the filing system is accessed are password-protected and have antivirus, 

anti spam and firewall security updates.

1. Personal data is printed only by authorized users, if it is necessary to perform our activity or to fulfil our legal obligations.

Please also select carefully what personal data do you choose to submit thinking that the internet or emails are not impenetrable spaces, and a technical error can cause an unhappy event anytime with respect to your personal data.

8. Links to other websites

On our website you may find links to other organizations. This Privacy Notice do not cover the personal data processed by them.

If you decide to access other organization’s links, we encourage you to carefully read their Privacy Notices which should be found on their websites. In general, the Privacy Notice may be accessed on the bottom section of the website.

9. Updates to the Privacy Policy

Believing that we are constantly developing our services, we are confident that our platform may soon have new functions, so our Privacy Notice will be updated accordingly.

In order to keep you informed, we always publish the latest version of the Privacy Notice on our website, without any specific notice in this respect.

We assure you that the way we collect and process your personal data is in accordance with the provisions of the GDPR Regulation.

We encourage you to constantly review this Privacy Policy in order to be constantly informed with respect to the categories, purposes and manners Herity Network processes your personal data.

If you have any questions about our Privacy Policy, please contact to us at: info@herity.io

10. Information concerning Data Protection Supervisory Authority

If you consider that your rights provided by Regulation no. 679/2016 have been violated, you can address directly to us or to our Data Protection Supervisory Authority: National Authority for the Supervision of the Processing of Personal Data (Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal) ”ANSPDC” by submitting a complaint.

Contact details of the authority:

Link for compliances: https://www.dataprotection.ro/?page=Plangeri_pagina_principala 

Contact link: https://www.dataprotection.ro/?page=contact&lang=ro 

Website: https://www.dataprotection.ro/

Address: B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, cod postal 010336, Bucuresti, Romania

LEGAL OPINION AND DISCLAIMER

Herity Network, its Website and the Herity Network  token (HER) are provided on an “as is” basis without warranties of any kind, either express or implied. Herity Network disclaims all warranties, express or implied, including, without limitation, implied war-ranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the services. Herity Network does not represent or warrant that the services and the information contained therein are accurate, complete, reliable, current or error free.

Herity Network Does Not Provide Investment Advice.

This document does not advise on the merits of any particular transactions or any taxation consequences. By entering into any transaction on the Platform, the User represents that he/she has been, are, and will be solely responsible for making their own independent appraisal and investigations of the risks of the transaction.

The User represents that he/she has sufficient knowledge, market sophistication, professional advice and experience to make their own evaluation of the merits and risks of any transaction. Herity Network gives no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction. The User is solely responsible for any applicable taxes imposed on the Herity Network token (HER) purchased hereunder. Any trading recommendations, market commentary, or any other information provided by Herity Network or its representatives, are incidental to the User’s relationship with Herity Network and impose no obligation of truth or due diligence on behalf of or its representatives.

Herity Network Does Not Provide an Investment Offer.

This document or any other documentation available on the Herity Network website does not constitute an offer or solicitation to buy or subscribe to debentures, stocks or shares issued by any person or entity; rights, options or derivatives with respect to such debentures, stocks or shares; rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss; units in a collective investment scheme; units in a business trust; derivatives of units in a business trust; or any other security or class of securities, and shall not be interpreted in that way. No data presented is deemed to be a basis for any investment decision. The Herity Network team makes no guarantee on the increase of demand, value or any other financial benefit of the Herity Network token (HER). Herity Network offering does not constitute an opportunity to obtain a future profit and shall not be bought with an expectation of profit from the efforts of others. Herity Network does not provide the User with any intellectual property rights, or any voting or governance rights or any other right to influence the development or operation of Herity Network, and does not represent any ownership right of Herity Network.

Herity Network does not constitute a Financial Institution.

Herity Network and/or the Platform development team or any of its Affiliates are not a financial institution and currently not under supervision of any financial supervisory authority. Herity Network does not provide any licensed financial services, such as investment services, fund management or investment advice unless with a future regulated fund vehicle. This vehicle does not address the public but might only address institutional investors. The Token Generation Event is not a public offering of equity or debt and consequently does not fall under the securities or any prospectus regulation. None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended, and the Website is not and does not offer and shall not be construed as an investment or financial product. Risks: The User understands and acknowledges that the Herity Network token (HER), Blockchain based technologies, Binance Smart Chain, and other associated and related technologies are not exclusively controlled by Herity Network and adverse changes in market forces or the technology, broadly construed, may prevent or compromise the herity.io platform performance under White Paper and/ or the other Accompanying Documents. The purchase of the Herity Network token (HER) carries with it a number of risks. Prior to purchasing the Herity token (HER), the User should carefully consider the risks listed herein. If any of the following risks are unacceptable to the User, he/she should not purchase the Herity Network token (HER). By purchasing the Herity Network token (HER), and to the extent permitted by applicable law, the User is agreeing not to hold Herity Network or any affiliates liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of the Herity Network token (HER), including losses associated with the risks set forth herein. By using the Platform, the user represents/warrants and accepts that:

1. It is possible that due to a number of reasons outside of the Herity Network ‘s control, including but not limited to, changes in regulatory or intellectual property law, technological advancements, decreases in token or cryptocurrency utility, social or economic reforms, the failure of commercial relationships, or the malfunction, breakdown or abandonment of the Binance Smart Chain Protocol, the Herity Token token (HER), Blockchain based technology, Binance Smart Chain and other related technologies may dissolve, disappear, be abandoned or otherwise no longer operate, or operate with material impairments.
2. Any cryptocurrency that possesses value in public markets, such as BNB, have demonstrated extreme fluctuations in price over short periods of time on a regular basis. A purchaser of the Herity Network token (HER) should be prepared to expect similar fluctuations, both down and up, at the price of the Herity Network token (HER) denominated in respective cryptocurrency (BNB). Such fluctuations are due to market forces and represent changes in the balance of supply and demand. Herity Network cannot and does not guarantee market liquidity of the Herity Netwok token (HER).
3. Herity Network and any of its Affiliates shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any change of the value of the Herity Network token (HER) or cryptocurrency. By purchasing the Herity Network token (HER), the user expressly acknowledges and represents that he/she fully understand that they may experience volatility in pricing and will not seek to hold Herity Network liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected to, the sale of the Herity Network token (HER).
4. Should the User proceed to purchase any Herity Network token (HER) and the product fails to be suitable for the special or particular purpose as intended by the User, Herity Network or its affiliates will not be liable to the User for such unsuitability (including but not limited to accepting the return of, or refunding to the User the purchase price of the respective Herity Network token (HER).
5. It is possible that the platform will not be used by a large number of individuals, and other entities and that there will be limited public interest in the mentioned project and dissemination of equity. Such a lack of interest could impact further development of the platform and potential use of it. Therefore, the success of the mentioned project cannot be predicted.
6. The User recognizes that the Platform is currently under development and may undergo particular changes in the future. The User acknowledges that any expectations regarding the form and functionality of the Platform held by the User may not be met upon release of the mentioned project, for any number of reasons, including a change in the design and implementation plans and execution of the implementation of the Platform.
7. It is possible that after the Token Generation Event threshold is met, and stages of sale are launched, and if the insufficient funds will not be feasible for developing the Platform, possibly causing the effect that the Users may not be able to participate in any intended or implied projects. Herity Network shall not provide to the User any refund possibility (payout liquidity cryptocurrency and/or fiat) for the purchased Herity Network token (HER).
8. To the maximum extent permitted by the applicable Law, Herity Network or its Affiliates do not accept any liability for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), resulting from any use of, or inability to use, this Website or the material, information, software, facilities, services or content on this website, from the buying of the Herity Network token (HER), its value loss or project failure, nor their use by the User, regardless of the basis, upon which the liability is claimed.
9. Herity Network shall not be liable for uninterrupted availability of the Website at all times, in all countries and/or all geographic locations, or at any given time.
10. There may be additional risks that cannot be anticipated or foreseen due to the incipience of cryptographic token technology, Blockchain-based technology, Binance Smart Chain and related technologies, Performance of the Services: Herity Network development team does not support any unfair or fraudulent practices. However, there are some risks associated with the cryptocurrency and digital tokens market, the User understands and accepts that while the Platform development team will make reasonable efforts to maintain the mentioned project, Herity Network or its Affiliates make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of any services, online cryptocurrency services, assets or platforms and/or the information, images or audio contained or related to the Website. Herity Network will take reasonable steps to exclude any viruses or defects from the Website, but cannot guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties, defects will be corrected and accordingly no liability is accepted for defects and viruses. Herity Network is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself, nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of any of the services related to the Token Generation Event. However, despite this, information that is transmitted over the Internet or Blockchain may be susceptible to unlawful access and monitoring. Jurisdictions: The marketing and sale of the Herity Network token (HER) are being made in the permitted jurisdictions on the basis that the Herity Network token (HER) do not constitute a security, financial instrument or otherwise regulated investment in those jurisdictions, such that the prospectus or other disclosure requirements and other investor safeguards that would apply to a securities offering will not apply to the issuance and sale of the Herity Network token (HER) in the permitted jurisdictions. In addition, the Herity Network token (HER) are not regulated in the permitted jurisdictions and are not required to be registered with, or licensed or authorized by, relevant authorities in the permitted jurisdictions. 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 the User only to the extent permitted by applicable law. The user understands and agrees that it is the User’s obligation to ensure compliance with any legislation relevant to your country of domicile concerning use of the website, and that the User should not accept any liability for any illegal or unauthorized use of the website. Herity Network should not accept any liability for any illegal or unauthorized use of this Website and use and buying of the Herity Network token (HER).
11. Herity Network shall not be liable for any actions taken by the seed financing projects’teams. They are fully responsible to fulfill the legal obligations and the provisions of all there public communications (including but not limited to their websites, social media etc.).

Specific Worldwide Regulation.

Certain jurisdictions restrict or have specific regulation concerning the offer, sale and/or purchase of cryptocurrencies and/or tokens through the Token Sale. The Herity Network token (HER) shall not be marketed, offered, or sold to the residents of the People’s Republic of China (excluding the special administrative regions of Hong Kong and Macau, and Taiwan), North Korea, Puerto Rico, and/ or any jurisdiction where token sales might not be allowed, Specific Worldwide Regulation, Certain jurisdictions restrict or have specific regulation concerning the offer, sale and/or purchase of cryptocurrencies and/or tokens through the Token Sale.

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