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LegalLegal Disclaimer

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LEGAL DISCLAIMER, TERMS OF USE, COOKIE POLICY, PRIVACY NOTICE, AND RELATED INFORMATION

LEGAL DISCLAIMER
‍ The information contained on this website (the “Site”) does not constitute or form part of any offer for sale or subscription of or solicitation or invitation of any offer to buy or subscribe for any securities nor shall it or any part of it form the basis of or be relied on in connection with any contract or commitment whatsoever.

‍ None of the information contained on the Site constitutes a recommendation, solicitation or offer by BITKRAFT Ventures Management LLC (“BITKRAFT”) or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.

‍ The information contained on this Site has been prepared without reference to any particular user’s investment requirements or financial situation. Certain transactions give rise to substantial risk and are not suitable for all investors. BITKRAFT will not act for you (or any other investor) and will not be responsible to you for providing protections afforded to the clients of BITKRAFT’s investment services. Without prejudice to the generality of the foregoing, BITKRAFT does not provide any investment service to you (including, without limitation, the provision of investment advice, or the reception and transmission of orders). The Site is not, and must not be treated as, investment advice, investment recommendations, or investment research. Users of the Site must not take (or refrain from taking) any investment decision on the basis of the information set out in the Site.

‍ Prior to the execution of any transaction by you involving information you received from this Site, you should consult your business advisor, attorney and tax and accounting advisors with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. BITKRAFT accepts no duty of care to you in relation to investments.

‍ Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. The information and services provided on this Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where BITKRAFT is not authorized to provide such information or services. Some products and services described in this Site may not be available in all jurisdictions or to all clients.

The information contained on this Site should not be construed as either projections or predictions. BITKRAFT makes no representation or warranty, express or implied, except as required by law or in the case of fraud, regarding the accuracy, completeness or adequacy of the information. Past performance cannot be relied on as a guide to future performance.

‍Notice for persons in other jurisdictions

‍ Access of this Site may be further restricted by law. Accordingly, this Site may not be accessed in any jurisdiction except under circumstances that will result in compliance with any applicable laws and regulations. Persons who access this Site should inform themselves about and observe any such restrictions. Any failure to comply with these restrictions may constitute a violation of applicable securities law.

TERMS OF USE

‍ BITKRAFT is incorporated in the State of Delaware and its registered office is c/o Incorporating Services, Ltd., 3500 South Dupont Highway, Dover, Delaware 19901. References to “Management Company”, “we”, “us” and “our” are references to BITKRAFT. 

‍ The terms of use govern your access to or use of this Site (the “Agreement”). Please read the Agreement carefully. By using or accessing this Site, you agree to be bound by the Agreement. We may change or update the Agreement at any time without notice. You are responsible to check the Agreement whenever you access or use the Site. The latest version of the Agreement will govern your access to or use of this Site.

Content

All intellectual property, including but not limited to, trademarks, trade names, logos, publications, images, sounds, designs, text, photographs, and other images contained on this Site are the property of the Management Company, its affiliates or their respective third-party owners, and this Agreement grants no license to them. Our intellectual property may not be reproduced, or provided to any third party without our prior written consent. 

Links 

The Site may contain links to other websites owned and operated by third parties. We are not responsible for and have no liability to you in relation to the availability, accuracy, or completeness of any material contained in the linked websites.

Compliance

This Site contains general information about our products and services and its contents are not intended to constitute investment or any other advice (nor any solicitation to participate in investment or other business) in any country in the world. You agree to enquire yourself about any restrictions in your jurisdiction. You must only use the Site for lawful purposes in compliance with all applicable laws, statutes, and regulations.

Disclaimer of warranties

You agree that the use of the Site is at your own risk. We expressly disclaim any warranties, express or implied, or statutory, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We make no warranties or representations with respect to any content of this Site. We make no warranty as to the accuracy, correctness, or completeness of any information or communication obtained through use of this Site. We shall not be liable for the consequences of any errors, failures, interruptions, losses or damages related to the information obtained through use of this Site.

Limitation of liability

We shall not be liable to you or any third parties under any circumstances for any indirect, direct, incidental, consequential, special, punitive, or exemplary damage or loss, including, but not limited to, damages for lost of revenue, profits, software or data, however caused, arising in connection with the use of or inability to use this Site, downloads of any information, software, or other material through this Site, or any claim or cause of action based upon breach of warranty, breach of contract, tort, negligence, strict liability, product liability, or any other legal theory.

Indemnity

You agree to indemnify, defend and hold us, our officers, agents, partners, and employees, harmless from and against any and all costs, claims, demands, losses, and expenses, including penalties, interest, and attorneys’ fees, incurred by us in connection with any claim made by any third party arising out of your feedback, your use of this Site, including any use by your employees, connection to this Site, any violation of any third party rights, or infringement of any intellectual property rights, including trademarks, copyrights, or any other proprietary rights.

Termination

You may access or use this Site in accordance with the Agreement. We may, at our own discretion and at any time, suspend or terminate your access to or use of this Site without notice for any reason. We have no liability to you if this Site is suspended or your access to it is terminated. Termination of your access to and use of the Site shall not relieve you of any obligations arising prior to such termination or limit any liability that you otherwise may have to us.

Miscellaneous

This Agreement constitutes the entire agreement between you and us and governs access and use of this Site. In the event any provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deleted but that will not affect the validity and enforceability of the rest of the Agreement. Our failure to exercise or enforce any rights or provisions of this Agreement does not constitute a waiver of such rights or provisions. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law rules, and you consent to the non-exclusive jurisdiction of the courts of the State of Delaware.

WEBSITE COOKIES

Cookies are small text files that many internet sites automatically download to a user's computer, phone or tablet. Cookies are primarily used in helping websites recognize a user that has visited the website previously. Most web browsers automatically accept cookies. Our Site uses cookies so that we can improve and better service our visitors.

You may control the use of cookies on your device, including deleting and blocking the cookies we use, through the browser settings on your device. Without cookies you may be unable to access certain parts of our Site. This practice seeks to provide you with a positive experience when you browse our Site and allows us to improve our Site and deliver a better service.

PRIVACY NOTICE

About this privacy notice 

This privacy notice applies to you if you are a client or prospective client of the Management Company (including an investor or prospective investor in a vehicle or entity that we manage or advise (“Funds”), a service provider to us or to a Fund. This privacy notice sets out the basis on which personal data about you that you provide to us, that we create about you or that we obtain about you from other sources, will be processed by us. Please take the time to read and understand this privacy notice.

Personal data that we might use

We might process the following personal data about you: 

(a) information provided to the Management Company or to a Fund or its administrator by you or (if different) the applicant for interests in a Fund: this might include your name and address (including proofs of name and address), contact details, date of birth, gender, nationality, photograph, signature, copies of identity documents, occupational history, job title, income, assets, other financial information, bank details, investment history, tax residency and tax identification information. Such information might be provided in an application form or in other documents (as part of an application process or at other times), face-to-face, by telephone, by email or otherwise. 

(b) information that the Management Company collects or generates: this might include information relating to your (or an applicant’s) investment in a Fund, emails (and related data), call recordings and website usage data.

(c) information that the Management Company obtains from other sources: this might include information obtained for the purpose of our know-your-client procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically-exposed-person checks, sanctions checks, among other things), information from government or public bodies, public websites and other public sources and information received from the applicant’s advisers or from intermediaries.

Uses of your personal data

We collect your personal information to fulfil our contractual obligations, our statutory and regulatory obligations and/or the legitimate business interests of the Management Company or a Fund and for other purposes for which the Management Entity has a lawful basis under the privacy laws, including:

  1. Compliance with legal and regulatory obligations and industry standards, including know-your-client procedures, the automatic exchange of tax information and legal judgments.
  2. General business administration, including communicating with investors, communicating with service providers and counterparties, accountancy and audit services, risk monitoring, the administration of IT systems and monitoring and improving products.
  3. Assessing and processing applications for interests in a Fund and other dealings with the Management Company, including performing know-your-client procedures, issuing and redeeming interests, receiving payments from and making payments to the applicant, calculating net asset value, and overseeing these processes.
  4. Business activities, such as investor relations, discussions with our or a Fund’s service providers and counterparties, decision-making in relation to the Funds, and business strategy, development and marketing. 

We are entitled to process your personal data in these ways for the following
reasons:

(a) you may enter into an investment contract with the Management Company or a Fund and some processing will be necessary for the performance of that contract, or will be done at your request prior to entering into that contract.

(b) processing may be necessary to discharge a relevant legal or regulatory obligation.

(c) the processing is necessary for the legitimate business interests of the Management Company or a Fund or its administrator or another person, such as: 

(i) carrying out the ordinary or reasonable business activities of the Management Entity, a Fund or its administrator or other persons, or other activities previously disclosed to you or referred to in this privacy notice;

(ii) ensuring compliance with all legal and regulatory obligations and industry standards, and preventing fraud;

(iii) establishing, exercising or defending legal rights or for other purposes relating to legal proceedings; and

(iv) ensuring the security of information systems.

(d) in respect of any processing of sensitive personal data falling within special categories, such as any personal data relating to the political opinions of a politically exposed person, the processing will be necessary for reasons of substantial public interest.

Disclosure of your personal data to third parties 

We may from time to time, in accordance with the purposes described above, disclose your personal data to other parties, including (a) our affiliates, (b) a Fund’s administrator and its affiliates, (c) professional advisers such as law firms and accountancy firms, (d) other service providers of the Management Company or a Fund or its administrator, including technology service providers, (e) counterparties and (f) courts and regulatory, tax and governmental authorities. Some of these persons will process your personal data in accordance with our instructions and others will themselves be responsible for their use of your personal data. These persons may be permitted to further disclose the personal data to other parties. 

The provision of certain personal data is necessary for us to provide services to you or for interests in a Fund to be issued to any applicant and for compliance by the Management Company and the Funds and our and their respective service providers with certain legal and regulatory obligations. Accordingly, if certain personal data is not provided when requested, we may not be able to provide services to you and/or an application for interests might not be accepted or interests might be compulsorily redeemed.

Retention of personal data

How long we hold your personal data for will vary. The retention period will be determined by various criteria, including the purposes for which we are using it (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which we have to keep your personal data).

Your rights

You have a number of legal rights in relation to the personal data that we hold about you. These rights include the following:

(a) the right to obtain information regarding the processing of your personal data and to access to the personal data that we hold about you.

(b) in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and the right to request that we transmit that data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to us.

(c) the right to request that we rectify your personal data if it is inaccurate or incomplete.

(d) the right to request that we erase your personal data in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal data but we are legally entitled to retain it.

(e) the right to object to, and the right to request that we restrict, our processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, its processing of your personal data but we are legally entitled to continue processing your personal data or to refuse that request.

(f) the right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by us.

You can exercise your rights by contacting us using the details set out under “Website Help” below. Depending on where you are based, you can find out more information about your rights by contacting the ICO or an EU data regulator or by searching the relevant regulator’s website.

Changes to our privacy notice

We keep our privacy notice under regular review and may amend it from time to time. Any material changes we make to our privacy notice in the future will be posted on this Site and, where appropriate, notified to you by email. We encourage you to check back frequently to see any updates or changes to our privacy notice.

ACCESSIBILITY

This Site meets internationally recognized standards of accessibility. We believe this will improve the experience of users who face accessibility challenges and will make using our Site easier for all our visitors.

WEBSITE HELP

If you encounter any technical difficulties using our Site or wish to receive further information about the content of this Site, please contact us at tech@bitkraft.vc