Terms of Use

Last Updated: August 1st, 2017

Terms of Website and App Use

This Terms of Use Policy (together with the documents referred to in it) tells you the terms of use on which you may make use of our website https://colony.io (our site) and any of our applications from time to time (apps), whether as a guest or a registered user. Use of our site and apps includes accessing, browsing, downloading from, uploading to, creating material on or registering to use our site.

Please read these terms of use carefully before you start to use our site or apps, as these will apply to your use of our site and apps.

In particular we draw your attention to the section on user relationships that explains you alone are responsible for any relationship or arrangement you enter into with other users of the site.

We recommend that you print a copy of this for future reference.

By using our site and apps, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site or apps.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of our site and apps:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site or apps, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our site.

Information About Us

Our Site is a site operated by The Colony Foundation Limited (we, our or us). We are registered in the Cayman Islands under company number 325182, and have our registered office at 5th Floor, Genesis Building, Genesis Close, PO Box 446, Grand Cayman, KY1-1106

We are a limited company and Colony is our trading name.

Changes to Our Site and Apps

We may update our site and apps from time to time, and may change the content at any time. However, please note that any of the content on our site or apps may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site and apps, or any content on them, will be free from errors or omissions.

Accessing Our Site and Apps

Our site is made available free of charge.

We do not guarantee that our site and apps, or any content on them, will always be available or be uninterrupted. Access to our site and apps is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our site or apps without notice. We will not be liable to you if for any reason our site or apps are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site and apps.

You are also responsible for ensuring that all persons who access our site and apps through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your Account Password, and Passphrase

If you choose, or you are provided with, a user identification code, password, passphrase or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Where possible, we have the right to disable any user identification code or password or passphrase, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password or passphrase, you must promptly notify us at hello@colony.io.

It is your responsibility to keep your passphrase secure and safe. Should you lose it, we have no ability to recover it nor provide you with access to your account and we will therefore not be liable in any way for any loss or damage suffered by you as a result of your losing or misplacing your passphrase and your not being able to access your account.

Our Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, apps, and their underlying technology. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. This strictly does not include user-generated material uploaded to or created on the site or apps.

You must not use any part of underlying technology for commercial purposes without obtaining a licence to do so from us or our licensors or as permitted under these terms.

If you use any part of our site or apps in breach of these terms of use, your right to use our site and apps may be removed and you may be required, at our option, to return or destroy any copies of the materials you have made.

Limitation of Our Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site or apps; or
  • use of or reliance on any content displayed on our site or in our apps.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of funds, profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or apps or to your downloading of any content on them, or on any website linked to them.

We assume no responsibility for the content of websites or apps linked on our site or our apps. Such links should not be interpreted as endorsement by us of those linked websites or apps. We will not be liable for any loss or damage that may arise from your use of them.

Our Role as Facilitator

We facilitate access to, but we are not responsible for the way users make use of, our site or apps.

You make use of our site and apps at your own risk and nothing in these terms of use or other policies should be taken as indemnifying you for any loss arising from your use.

User Relationships

We will not be responsible for any disputes that arise in relation to the ownership rights of content uploaded to or created on our site or apps.

This extends to disputes between co-creators and any expected reward for work you carry out at the direction of other members including tokens used within the site or apps or any arrangements external to the site or apps.

You alone are responsible for any relationship or agreement you enter into with other users and we will not intervene in your relationship for whatever reason.

You warrant that you will not seek to involve us in any dispute or hold us liable for any loss whatsoever resulting from your relationship with other users of the site.

Uploading Content to or Creating Content on Our Site

Whenever you make use of a feature on our site or apps that allows you to upload content, create content, or make contact with other users, you must comply with these terms of use.

You warrant that any such contribution complies with these terms of use, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to or create on our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store, and copy that content and to distribute and make it available to other users.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site or apps.

You warrant that you have and will continue to have all necessary rights, consents, licenses and permissions required for other users of the site to collaborate with you and your content. You also agree that you will not upload or create content that contains any third-party copyright material unless you have a formal license or permission.

We have the right to remove any content you make on our site if, in our opinion, it is inappropriate or breaches these terms of use.

The views expressed by other users on our site do not represent our views or values.

Acceptable Use

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national, or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree not to access without authority, interfere with, damage, or disrupt:

  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Viruses

We do not guarantee that our site or apps will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes, and platform in order to access our site and apps. You should use your own virus protection software.

You must not misuse our site or apps by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or apps, the server on which our site is stored, or any server, computer, or database connected to our site or apps. You must not attack our site or apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act of 1990.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and apps will cease immediately.

Linking to Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

Third Party Links and Resources in Our Site and Apps

Where our site or apps contain links to other sites, apps, and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites, apps, or resources.

Applicable Law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Changes to the Terms of Website Use Policy

We may revise this Terms of Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Contact Us

To contact us, please email hello@colony.io. Thank you for visiting our site.

Privacy Policy

Colony Foundation Limited of c/o McGrath Tonner Corporate Services Limited, 5th Floor, Genesis Building, Genesis Close, PO BOX 446, Grand Cayman, KY1-1106 Cayman Islands ("we" or “us”) are committed to protecting and respecting your privacy.

This policy (together with our terms of use) sets out the limited basis on which any personal data we collect from you, or that you provide to us, will be processed by us when you use our decentralised network built on the Ethereum Blockchain (“Colony”). Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

This privacy policy (the “Policy”) applies to personal data that we collect from you for the purposes set out below. To the extent that use of Colony for the purposes described in the whitepaper results in us processing personal data for additional limited purposes this Policy shall apply to such further purposes.

It is important that you read this Policy so that you are fully aware of how and why we are using your data. We do not knowingly collect data relating to children.

IMPORTANT INFORMATION AND WHO WE ARE

The data controller who is responsible for your personal data is Collectively Intelligent Ltd, 3 Butler House, 49-51 Curtain Rd, London, EC2A 3PT.

If you have any questions or concerns relating to your personal data or this Policy, please contact us using the following contact details:

Data Controller: privacy@colony.io

Collectively Intelligent Ltd,
3 Butler House,
49-51 Curtain Rd,
London EC2A 3PT,
England

Whilst you have the right to make a complaint at any time to the Informational Commissioner’s Office (www.ico.org.uk), we would like to have a chance to deal with any concerns before you approach the ICO.

CHANGES TO THIS POLICY AND YOUR DUTY TO LET US KNOW OF CHANGES

This Policy was last updated on 29th June 2018. We may need to make updates or changes to this Policy from time to time. We will inform you of any such changes.

Please let us know if your personal data changes during your relationship with us so that we can update our records.

PERSONAL DATA WE MAY COLLECT FROM YOU

Personal data means any information about an individual from which that person can be identified. We may collect, use, store and process the following types of personal data about you:

  • Identity Data includes your name, username (or similar identifier), password (where appropriate) title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account details, and cryptographic public keys.
  • Transaction Data includes details about payments to and from you and other details of tokens and any other products you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access Colony.
  • Information we collect about you . With regard to each of your visits to our site, or use of one of our apps (including on third-party sites or platforms, or when you link your profile on a third-party site or platform with your app registration account), we may automatically collect the following information:

HOW WE COLLECT YOUR PERSONAL DATA

We use different methods to collect data from and about you, including through:

Direct interactions. You may give us your Identity, Contact, Financial and Transaction Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you

  • apply to purchase Colony tokens;
  • subscribe to our newsletter mailing list;
  • give us feedback

Automated technologies or interactions.As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see below for further details.

Third partiesWe may receive personal data about you from various third parties:

(a) We may receive Technical Data from:

  • GOOGLE ANALYTICS
  • HOTJAR
  • INTERCOM

(b) We may receive Contact Data from the following providers of technical services:

  • MAILCHIMP

USES MADE OF YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation in particular where so required by regulated financial service providers.

We have set out below a description of all the ways we may use your personal data, and the legal bases we rely on to do so. Note that we may process your personal data for more than one lawful ground. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose or ActivityType of dataLawful basis for processing including basis of legitimate interest
To process your request to purchase Colony tokens(a) Identity
(b) Contact
(c) Financial Data
(d) Transaction Data
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
To send you email newsletters regarding activity and updates about Colony(a) Identity
(b) Contact
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to produce our services in accordance with your requirements and deliver them to you and to recover debts due to us)
To use data analytics to improve Colony user experience, services, marketing and customer relationships.(a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you email newsletters or service updates). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

MARKETING AND OPTING OUT

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you signed up to our mailing list or newsletter.

We will get your express opt-in consent before we share your personal data with any company outside Colony for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration or other transactions.

DISCLOSURE OF INFORMATION

We may have to share your personal data with the third parties set out below for the purposes set out in the table in above.

  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.
  • Mailchimp
  • Google Analytics
  • Hotjar
  • Intercom

We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

We may disclose information if legally required to do so, if requested to do so by a governmental entity or regulatory authority, or if we believe in good faith that such action is necessary to comply with legal requirements or process, prevent a crime or protect national security.

If you engage, or we reasonably suspect that you are engaging, in any illegal activity, we may disclose your personal information, to the extent we determine in our sole discretion is necessary to cooperate with appropriate authorities.

SECURITY

Although the transmission of data over the internet may be subject to intrusion, we protect your personal data by ensuring we have implemented appropriate physical, electronic and procedural safeguards to avoid unauthorised access or disclosure, accidental loss, use, alteration or destruction of such Information.

Where we engage third-party contractors, as far as is necessary, we may share Information in order for such parties to perform services on our behalf and in accordance with enforceable confidentiality obligations.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

MAINTENANCE AND RETENTION OF PERSONAL DATA

You have certain rights in relation to your personal data. Please contact us by email, should you wish to:

  • Request access to your personal data – enables you to receive a copy of the personal data we hold about you and check that we are lawfully processing it.
  • Request correction of your personal data – you may correct any inaccuracies or incomplete data although we may need to verify the accuracy of the new data you provide.
  • Request erasure of your personal data - where there’s no good reason for us to continue to process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your data unlawfully or where we are required to erase your personal data to comply with local law.
  • Object to processing of your personal data – where we are relying on a legitimate interest and you object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You may also object where we are processing your data for marketing purposes.
  • Request restriction of processing your personal data - This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request transfer of your personal data – you may request that we transfer data to you or a third party. This only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent to our use of your personal data – where we are relying on consent. This will not affect the lawfulness of processing that we carried out before you withdraw consent. If you withdraw consent, we may not be able to provide products or services to you.

We may need to request specific information from you to help us confirm your identity and ensure your right to exercise any of these rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex in which case we will let you know and keep you updated.

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Investment Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

OTHER WEBSITES AND PUBLIC NETWORKS

This Policy applies to our services only. Colony may contain links to third-party websites, plug-ins, public networks and applications over which we have no control. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We are not responsible for the privacy policies or practices of such websites or networks and we encourage you to review the privacy policies, if any.

Cookies are small amounts of information which we may store on your computer. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the Site for you. You may set up your computer to reject all or some cookies although, in that case, you may not be able to use certain features on the Site. If you do not wish to receive cookies in the future, please let us know.

The following cookies are used by us:

  • Google Analytics
  • Hotjar
  • Intercom

We reserve the right to modify this Policy from time to time.