• Privacy Policy

    Last Updated: 23 May 2019

    SWARM Foundation is the creator of SWARM, an infrastructure builder that allows digital securities issuers, AML/KYC providers, exchanges, and other applications to interact with individuals in a decentralized regulatory compliant ecosystem. To learn more about SWARM, please visit www.swarm.fund.
    SWARM allows token issuers (“Issuers”) to create and define digital assets that receive capital from accredited investors (“Investors”).
    SWARM Foundation values the privacy of individuals and businesses who use our infrastructure, platform, our other websites and applications (collectively, the “Services”). This Privacy Policy is designed to explain how we collect, use, and share information from SWARM users, including Issuers and Investors. The terms “SWARM,” “we,” and “us” include SWARM Foundation, our affiliates, and subsidiaries. By using the Services, you agree to the terms and conditions of this Privacy Policy. Beyond the Privacy Policy, your use of the Service is also subject to our Terms of Service https://www.swarm.fund/terms.


    Information We Collect 


    Information You Provide Us

    Customer Information:

    When you sign up to create a SWARM account, you provide us with information about yourself, including

    • Name
    • Address
    • Email address

    If you sign up as an Investor, you also provide the token issuer with KYC/AML information which helps them ascertain your status as an investor, including accreditation status (where applicable). Specifically:


    Personal Investors

    • Date of birth
    • Proof of identity, such as driver’s license or passport
    • Proof of residence, such as utility bill or rental agreement
    • Proof of Investor Accreditation
    • Source of funds
    Business Investors
    *All of the above, plus:
    • Name of organisation
    • Organisation registration number
    • Organisation address
    • Nature of business
    • Company formation documents
    If you sign up as a Manager, you also provide us with information about your fund, including
    • A description of the fund
    • Fund name
    • Legal structure
    • Profile picture of the fund

    Financial Information

    You may deposit fiat currency or cryptocurrency, such as SWARM token (SWM), Bitcoin, or Ethereum, from your digital wallet to make an investment in a fund. If you choose to transfer money from your digital wallet, we will also collect information about your bank account, such as routing number and account number, to facilitate the transaction.



    If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.


    Information We Collect Automatically From Your Use of the Services

    When you use our Services, we and our third party service providers may collect information from you through automated means, such as cookies, web beacons, and web server logs. To help us better understand and improve the user experience, we may also record clicks, mouse movements, scrolling, and typings (except sensitive information). By using the Services, you consent to the placement of cookies, beacons, and similar technologies in your browser and on emails in accordance with this Privacy Policy. The information collected in this manner includes IP address, browser characteristics, device IDs and characteristics, operating system version, language preferences, referring URLs, and information about the usage of our Services.

    We may use this information, for example, to ensure that the Services function properly, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud. We also work with analytics providers which use cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. If you do not want information collected through the use of cookies, there is a procedure in most browsers that allows you to automatically decline cookies or to be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconveniences during your use of the Services.

    How We Use Your Information

    We may use the information we collect:

    • To verify the status of accredited investors, we perform an API-call to 3rd party providers of accreditation information, to facilitate investments in listed funds.
    • To operate, maintain, enhance and provide features of the Services, to provide services and information that you request, to respond to comments and questions, and otherwise to provide support to users.
    • To operate, maintain, enhance and provide features of the Services, to provide services and information that you request, to respond to comments and questions, and otherwise to provide support to users.
    • To contact you for administrative or informational purposes, including by providing customer service or sending communications, including changes to our terms, conditions, and policies.
    • For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest.
    • To personalize your experience on the Services by presenting products and offers tailored to you.
    • We may aggregate data collected through the Services and may use and disclose it for any purpose.
    • For our business purposes, such as audits, security, compliance with applicable laws and regulations, fraud monitoring and prevention.
    • To enforce our Terms of Service or other legal rights.

    How We Share Your Information

    We disclose information that we collect through the Services to third parties in the following circumstances:

    • To credit bureaus and other third parties who provide Know Your Customer and Anti-Money Laundering services, including verifying users as accredited investors.
    • To our third party service providers who provide services such as website hosting, payment processing, data analysis, information technology and related infrastructure provision, customer service, email delivery, online advertising, auditing, and other services.
    • To a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in bankruptcy or similar proceedings).
    • If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

    We may use and disclose aggregate information that does not identify or otherwise relate to an individual for any purpose, unless we are prohibited from doing so under applicable law.

    Third Party Services

    This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.



    We use certain physical, organizational, and technical safeguards that are designed to maintain the integrity and security of information that we collect. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee the security of your data. It is important that you maintain the security and control of your account credentials, and not share your password with anyone.


    Your Choices

    From time to time, we send marketing e-mail messages to our users. If you no longer want to receive such emails from us on a going forward basis, you may opt-out via the “unsubscribe” link provided in each such email.


    Use of Services by Minors

    The Services are not directed to individuals under the age of eighteen (18), and we request that they not provide personal information through the Services.


    International Cross-Border Data Transfer

    SWARM uses servers hosted in Germany. Please note that we may be transferring your information outside of your region for storage and processing in the United States and around the globe. By using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.


    Updates to This Privacy Policy

    We may make changes to this Privacy Policy. The “Last Updated” date at the top of this page indicates when this Privacy Policy was last revised. If we make material changes, we may notify you through the Services or by sending you an email or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. Your use of the Services following these changes means that you accept the revised Privacy Policy.

    Data privacy notice

    This notice sets out how SWARM Foundation (“SWARM”) as a Data Controller will process personal information. This includes when personal data relating to persons who have registered to use the SWARM platform (the “SWARM Platform Users”) is provided to SWARM, or its associated Data Processors or other persons processing the data on SWARM's behalf. Unless otherwise provided, all defined terms used in this Data Privacy Notice shall have the meanings set forth in the General Data Protection Regulation (“GDPR”).


    Purposes of processing and legal basis for processing

    When managing and administrating a person’s use of the SWARM platform and/or holding of SWARM's ERC20 tokens and/or SWARM's SRC20 tokens SWARM or its Data Processors may process such person’s personal data to carry out anti-money laundering (“AML”) checks and related actions which SWARM considers appropriate to meet any legal obligations imposed on SWARM relating to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions.

    SWARM or its Data Processors may monitor and record calls and electronic communications for investigation and fraud prevention purposes, for crime detection, prevention, investigation and prosecution, and to enforce or defend SWARM and its Data Processors’ rights, itself or through third parties to whom it delegates such responsibilities or rights in order to comply with a legal obligation imposed on SWARM and to assist with investigations, complaints, regulatory requests, litigation, arbitration, mediation or to pursue any other legitimate interests for which SWARM or its Data Processors may be entitled.


    Recipients of data and international transfer of data

    During the course of processing personal data about the SWARM Platform User and (if applicable) its directors, officers, employees and beneficial owners in order to carry out money laundering and identity checks and comply with legal obligations, SWARM or its Data Processors may disclose the personal data to:

    • credit reference agencies and other third-party information providers; and
    • competent authorities (including tax authorities), courts and bodies as required by law or requested or to affiliates for internal investigations and reporting.

    Retention period

    SWARM will retain personal data of a SWARM Platform User for as long as is required for the purposes for which the data was collected, depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that SWARM retains the personal data.

    Data subject rights


    To the extent provided by the GDPR or any successor provision that is substantively comparable thereto, each individual has the right to request:

    • Access to their personal data.
    • Rectification or erasure of their personal data.
    • Restriction of the use of their personal data.
    • Objection to the processing of their personal data.

    Data portability (in certain specific circumstances).
    Where SWARM requires the personal data of the SWARM Platform User and (if applicable) its directors, officers, employees and beneficial owners to comply with AML or other legal requirements, failure to provide this information means the potential investor may not be able to invest in the investment opportunities available on the SWARM platform.

    If the SWARM Platform User considers that SWARM or its Data Processors have processed personal data in violation of the GDPR and failed to remedy such violation to the SWARM Platform User’s reasonable satisfaction, the SWARM Platform User may lodge a complaint with the Information Commissioner’s Office at https://ico.org.uk/ .

    Contact us

    If the SWARM Platform User has any questions about SWARM's use of personal data, please contact privacy@swarm.fund.


    Last updated: 23 May, 2019

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