# Imprint ## **Imprint / Legal Notice** ### Information: Swarm Markets S.r.l.\ Via del Lauro, 9 \ 20121 Milan\ Italy\ Register: MI - 2709455 #### Represented by: Philipp Pieper (Managing Director)\ Timo Lehes (Managing Director)
**Contact:**\ #### Responsible for the content: Swarm Markets S.r.l.\ Via del Lauro, 9 \ 20121 Milan\ Italy\ \ **Complaints:** If you have a complaint about our products or services, it may be submitted to Swarm via the ZenDesk help widget located on . You may also notify us of your complaint by email at **EU dispute settlement / Consumer Dispute Resolution:** The European Commission provides a platform for online dispute resolution (ODR): We are not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board. ## Regulation [Swarm Markets S.r.l. is registered as a Virtual Asset Service Provider](https://www.organismo-am.it/elenchi-registri/operatori_valute_virtuali/dettaglio_elenco.html), at the OAM in Italy (body for the management of the lists of financial agents and credit brokers), number PSV165 for: * Services functional to the use and exchange of virtual currencies and/or their conversion from or into legal tender or digital representations of value, including those convertible into other virtual currencies * Services of issuing, offering virtual currencies Transfer and clearing services in virtual currencies * Any other service functional to the acquisition, trading or intermediation in the exchange of virtual currencies (e.g., execution, receipt, transmission of orders related to virtual currencies on behalf of third parties, virtual currency placement services, virtual currency advisory services) * Digital wallet services ## Notices ### Liability for content As a service provider we are responsible for own contents on these sides according to the general laws. We as a service provider are not obliged to monitor transmitted or stored external information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under general law remain unaffected. However, liability in this regard is only possible from the moment of knowledge of a specific infringement. Upon notification of appropriate violations, we will remove this content immediately. ### Liability for links Our offer contains links to external websites of third parties on whose contents we have no influence. Therefore we can not assume any liability for these external contents. The content of the linked pages is always the responsibility of the respective provider or operator of the pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of a violation of law. Upon notification of violations, we will remove such links immediately. ### Copyright The content and works on these pages created by the site operators are subject to Liechtenstein copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are for private, non-commercial use only. As far as the contents on this side were not created by the operator, the copyrights of third parties are considered. In particular contents of third parties are marked as such. Should you still be aware of a copyright infringement, we ask for a note. Upon notification of violations, we will remove such content immediately. ### Risk notice The contractual opportunities presented on this site are not authorized for sale in all countries of the world. The information published on the Internet does not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is unlawful. Persons who are not in possession of the necessary authorizations may not make any offers or requests for offers that relate to the information published on the Internet. The information is also not directed at such persons to whom such an offer may not be made by law. The information provided does not constitute an investment recommendation or an invitation to buy or sell securities and cannot replace investment advice. Despite careful analysis, Swarm Markets S.r.l. assumes no responsibility for the content, timeliness, accuracy, completeness or quality of the information provided. Insofar as forward-looking statements are made in the information provided, in particular with regard to the price development of markets or securities, these are forecasts. Liability claims against Swarm Markets S.r.l.H, which refer to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information, are generally excluded, unless there is evidence of willful intent or gross negligence on the part of Swarm Markets S.r.l.. Swarm Markets S.r.l. and persons or companies associated with it may hold shares in the companies mentioned or buy and sell positions in day-to-day business, which may result in a possible conflict of interest. Stock exchange futures and derivatives involve risks that can lead to a total loss of the capital invested. A negative development cannot be ruled out despite the positive results of the past and the necessary diligence of those responsible for trading. An investment in the aforementioned asset classes (stock exchange futures / derivatives) should be selected with a view to asset diversification and should only represent a small proportion of total assets. Historical returns are no guarantee of future performance. Stock exchange transactions, in particular transactions in derivatives, involve considerable risks. As a content provider, Swarm Markets S.r.l. is responsible for its "own information" that it makes available for use. Swarm Markets S.r.l. carefully checks and constantly updates the information on its web pages. Despite this careful control, data may have changed in the meantime. Therefore, Swarm Markets S.r.l. does not assume any liability for the correctness, completeness and up-to-dateness of the contents of this website. Any liability of Swarm Markets S.r.l., especially for possible damages or consequences resulting from the use of the contents of this website, is excluded. The same applies to links to websites of other providers (so-called "external links") and their content, which Swarm Markets S.r.l. provides in addition to its own content. The setting of such links is not done with competitive intent. These external links are marked as such. Swarm Markets S.r.l. is not responsible for the content of websites that can be accessed via such links. Swarm Markets S.r.l. has no influence whatsoever on the content of the linked pages and accepts no liability for the content of external links. Swarm Markets S.r.l. does not initiate the transmission of information and does not select or change the addressee of the transmitted information or the transmitted information itself. Furthermore, Swarm Markets S.r.l. does not automatically store these external links for a short period of time as a result of the linking and calling method used. The responsibility for the content of the linked pages lies exclusively with the operators of the websites accessed through the external links. Binding, warranty: All offers are subject to change and non-binding. Swarm Markets S.r.l. reserves the right to change, amend or delete parts of this website or the entire offer. # Terms of Service - Custody ## **Custody Agreement for Crypto Custody Services** The following Custody Agreement applies to the Custodian's crypto custody service between Swarm Markets S.r.l. and Customer. Customers are requested to read this Custody Agreement carefully to understand which provisions apply to them and how. This Custody Agreement is to be read in conjunction with the Custodian's [Privacy Policy](/privacy-policy) and [Cookie Policy](/cookie-policy). ### GENERAL Customers are reminded that they and any and all persons authorized to initiate deposits and withdrawals are required to successfully complete the Custodian's account opening process pursuant to its AML Policy, which may be amended from time to time, before making use of the Custodian's custody services; they are solely responsible for, and shall pay, all taxes, assessments, duties, and other governmental charges, including any interest or penalty rightfully owed by Customers with respect thereto, with respect to any Custody Assets or any transaction related thereto; Supported Assets are new forms of assets that the law regarding their ownership, custody, and transfer is developing and uncertain, and that custody of such assets poses certain risks that are not present in the case of more traditional asset classes. Customers will bear such risks and the potential loss or diminution in value of Supported Assets due to changes or developments in the law or conditions under existing law in which Customer's rights in and to such Supported Assets are not adequately protected; (i) Custodian does not own or control the underlying software protocols of networks which govern the operation of Supported Assets, (ii) Custodian makes no guarantees regarding their security, functionality, or availability, and (iii) in no event shall Custodian be liable for or in connection with any acts, decisions, or omissions made by developers or promoters of such Supported Assets; the Custodian retains external server, telecommunication and other infrastructure providers that are selected with great diligence based on state-of-the-art technical capabilities. Malfunctions, failures and breakdowns of such external systems may affect the Services and the connected or underlying systems; there is a risk of hacking that even a high level of diligence cannot completely exclude. Hacking may affect the functioning of the custody service and the connected or underlying systems; they are solely responsible for obtaining all regulatory licenses, approvals and consents as applicable to their business, Custodian is only responsible for compliance with regard to their custody services. Without limiting the generality of the foregoing, the Customer may not use the services provided by the Custodian hereunder in any manner that is, or would result in, a violation of any applicable laws and regulations. ### TERMS AGREED 1\. Definitions and interpretation 1.1 Capitalized terms used in this Custody Agreement shall have the following meaning: "Assets" - any digital asset, notwithstanding other denominations such as "cryptocurrency", "virtual currency", "digital currency", which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network; "Custody Asset Balance" - the quantity of each Custody Asset denominated in the appropriate Supported Asset type; "Authorized Person" - is any person designated by the Customer to have access to the Customer's Custody Account based on the role-based permissions the Customer assigns; "Blockchain Address" - a public address on a blockchain in which Assets can be held (including, but not limited to, a Bitcoin address for the Asset commonly known as Bitcoin and an Ethereum address for the Asset commonly known as Ether); "Cold Storage System" - the proprietary offline storage system that the Custodian uses to custody the Customer's Custody Assets; "Custody Asset" - any Supported Assets that have been Delivered to the Custodian to be held in a Custody Account established by the Custodian on the Customer's behalf (as described in the 'Custody Account' section), in each case until such Custody Assets are withdrawn or cease to be Custody Assets pursuant to this Custody Agreement. Custody Assets shall also mean any Asset resulting from Forks that the Custodian, in their sole discretion, deem to be a Supported Asset; "Customer Interface" - the Custodian's interface potentially to be provided in the future on the Custodian's website at that allows for Custody Account actions including, but not limited to, the ability to view balances and request and approve withdrawals; "Cut-Off Time" - 6:00pm CET each Business Day; "Delivery" (or "Deliver", "Delivering" or "Delivered") - the transfer of Supported Assets to one or more Blockchain Addresses controlled by the receiving Party and provided by the receiving Party to the sending Party for such transfer. Supported Assets will only be considered Delivered to the Custodian after the required number of network confirmations, as determined by the Custodian in its sole discretion, have occurred on the blockchain for such Supported Assets; "Effective Date" - the date of Delivery of Supported Assets from the Customer to the Custodian; "Other Functionality" - functionality that may be associated with certain Custody Assets including, but not limited to, staking, protocol governance, smart contract functionality, and other similar uses; "Parties" - (each, individually a "Party") means the Customer and the Custodian; "Supported Asset" any Asset with regard to which Custodian offers its services "Withdrawal Request" - a request sent to the Custodian by the Customer that specifies the type and amount of Custody Assets to be withdrawn from the Customer's Custody Account and the destination Blockchain Address. 1.2 Interpretation in this Custody Agreement: 1.2.1 where the context so admits, a reference to the singular includes the plural and vice versa; 1.2.2 any reference to a defined document or provision of statutory law is a reference to that defined document or provision as amended, supplemented, restated or novated from time to time; 1.2.3 headings are for ease of reference only and shall be ignored in the construction of this Agreement; 1.2.4 where a German language term has been added to an English language term, such German term shall be decisive throughout; and ### 2. Custodian Appointment 2.1 The Customer hereby appoints the Custodian to act as the custodian of Custody Assets to be held in the Customer's Custody Account in accordance with this Custody Agreement. The Custodian accepts such appointment. 2.2 The Custodian does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes. 2.3 Unless provided explicitly in this Custody Agreement, as may be revised from time to time, we will not support any Other Functionality associated with any Custody Assets. 2.4 Custody services may not be used for any unlawful or unauthorized purpose, as determined by Custodian. ### 3. Custody Account 3.1 The Custodian shall establish a Custody Account in the name of the Customer. The Custody Account will have one or more associated unique Blockchain Addresses in which the Customer's Custody Assets will be stored. The Custodian shall provide the Customer with all Blockchain Addresses associated with the Customer's Custody Account. 3.2 The attribution of the Custody Assets to the Customer will be clearly recorded in the Custodian's books as belonging to the Customer. The Custodian's records shall at all times provide for the separate identification of the Customer's Custody Assets. The Custodian shall not loan, hypothecate, pledge, or otherwise encumber any Custody Assets in the Custody Account, absent specific instructions from the Customer. 3.3 The Custodian may use its Cold Storage System to custody its own Supported Assets and/or the Supported Assets of third parties; provided that separate Blockchain Addresses are utilized to segregate the Customer's Custody Assets from such other property. ### 4. Delivery The Custodian has no obligation with respect to any Supported Assets unless such Supported Assets have been Delivered to a Blockchain Address provided by the Custodian. In addition, the Custodian is not required to accept Delivery of any Supported Assets, and has no liability therefor (except, if Delivered by the Customer, to ensure return by Delivery of such Supported Assets to the Customer), if the Custodian believes that the acceptance thereof would or is reasonably likely to expose the Custodian or any of the Custodian's affiliates to any liability (contingent or otherwise). ### 5. Deposits 5.1 Deposits of Supported Assets to a Blockchain Address of the Customer's Custody Account may occur without the Custodian's involvement. Deposits will be credited to the Customer's Custody Account once they are Delivered. 5.2 The Customer is asked to only initiate deposits of Supported Assets to a Blockchain Address of their Custody Account when such Blockchain Address and Custody Account is active and compatible with the respective Asset and/or take into account any other notices relevant to the deposit. The Custodian is not liable for the loss of Assets due to the disregard of such obligations or loss of Assets prior to arrival in the Custody Account. 5.3 The Custodian reserves the right to refuse to process, cancel or reverse, any deposit in their sole discretion in accordance with applicable law and this Custody Agreement, even following deposit of Supported Assets in the Customer's Custody Account. ### 6. Withdrawals 6.1 The Custodian offers (i) a full custody solution and (ii) a multi-sig solution. 6.2 Full custody solution 6.2.1 The Customer submits a Withdrawal Request to the Custodian via 6.2.1.1 the Custodian's Customer Interface; or 6.2.1.2 Email to the following address , followed by a confirmation of the transaction data via a pre-agreed telephone connection. 6.2.1.3 Or any other method agreed to and verified by the Parties 6.2.2 Following either method, the Authorized Person will receive an email notification or other communication previously agreed to informing them of the Withdrawal Request. The Authorized Person must approve the Withdrawal Request through the Custodian's Customer Interface or via email, depending on the form of Customer's submission ("Withdrawal Confirmation"). 6.3 Multi-sig solution 6.3.1 Upon submission of a Withdrawal Request via the Custodian's Customer Interface, all Authorized Persons will receive an email notification informing them of the Withdrawal Request. An Authorized Person (other than the Authorized Person who initiated the Withdrawal Request) must then approve the Withdrawal Request via the Custodian's Custody Interface ("Withdrawal Confirmation"). 6.3.2 If only one Authorized Person is designated on an Account, a Withdrawal Request will be approved. 6.4 Once a Withdrawal Confirmation has been made, the Customer's Withdrawal Request will be processed within one Business Day of the next Cut-Off-Time. 6.5 With respect to the Custodian's Customer Interface and use of correct email address and other credentials, the Custodian cannot authenticate whether or not the Withdrawal Request originated from an Authorized Person. As such, Custodian may rely upon any action that they believe in good faith to have been taken by an Authorised Person. It is the Customer's sole responsibility to protect and secure their user name, password and other credentials from unauthorized use and disclosure. 6.6 Any Withdrawal Request from Customer's Custody Account shall only request delivery of Custody Assets to a wallet that is attributed and has previously been verified to the Customer or an Authorized Person and controlled by these. The Customer shall upon the Custodian's request evidence such attribution and control. 6.7 The Custodian has the right to refuse to execute any Withdrawal Request that the Custodian believes to (potentially) be in violation of any Applicable Laws and Regulations. ### 7. Fees 7.1 The fee denominated in the respective Custody Asset type (the "Custody Fee") is: (i) calculated on a daily basis at 4:00pm CET; and (ii) accrues each calendar day against the respective Custody Asset Balance beginning on the day the Supported Assets were Delivered to the Custodian (i.e., becoming Custody Assets). 7.2 The Custodian will deduct the Custody Fee from the Custody Assets the Custodian holds on the Customer's behalf on a monthly basis, on or around the last Business Day of every calendar month, or more frequently, in the Custodian's sole discretion. The Custodian will deduct the accrued and uncollected Custody Fee from the Assets the Custodian holds on the Customer's behalf any time the Customer's Custody Asset Balance falls below the accrued but uncollected Custody Fee, including when the Customer withdraws its Custody Assets. 7.3 The Custodian may deduct an administrative withdrawal fee (the "Administrative Withdrawal Fee") in connection with a Withdrawal Request and in accordance with the Custody Fee Schedule. 7.4 The Custody Fee Schedule is incorporated by reference and is made available individually to Customers. 7.5 The Custodian reserves the right to change, modify, or increase the Custody Fee Schedule at any time. Any change to the Custody Fee Schedule will be posted at least three calendar days prior to taking effect and no change will be in effect for less than 30 calendar days. 7.6 The Custodian maintains the right to retain or set-off any matured obligation due from a Customer against any Custody Assets (or the value thereof, as reasonably determined in the Custodian's sole discretion) or any other satisfiable (erfüllbar) obligation (within the meaning of Section 387 German Civil Code (Bürgerliches Gesetzbuch)) against any obligations that the Customer may have to the Custodian. If the obligations are in different currencies or Supported Assets, the Custodian may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off. ### 8. Forks 8.1 Forks may result in Forked Networks and the Custodian holding an identical amount of Custody Assets associated with each Forked Network. 8.2 Underlying protocols of Supported Assets are subject to changes in operating rules (each a "Fork") that may result in more than one version (each, a "Forked Network") and the Custodian holding an identical amount of Custody Assets associated with each Forked Network. Forks may materially affect the value, function, and/or name of the Custody Assets. 8.3 In the event of a Fork, Custodian may temporarily suspend the operations of the custody service (with or without advance notice to Customers) while the Custodian chooses, in its sole discretion, except as described herein, which Forked Networks to support. In our best estimation the Custodian is unlikely to support most Forked Networks and the Custody Assets of most Forked Networks will likely not be made available to Customers. 8.4 Digital asset values can fluctuate substantially which may result in a total loss of the value of digital assets held by the Custodian on the Customer's behalf. The supply of digital assets available to the Custodian to provide to Customers as a result of a forked network and our ability to deliver digital assets resulting from a forked network may depend on third party providers that are outside of the Custodian's control. The Custodian does not own or control any of the protocols that are used in connection with digital assets and their related digital asset networks, including those resulting from a forked network. Accordingly, the Custodian is not liable regarding such protocols and any change in the value of any digital assets (whether of a forked network or otherwise), and does not make any guarantees regarding the security, functionality, or availability of such protocols or digital asset networks. 8.5 The Custodian shall deduct a Daily Fee from the Custody Assets of each Supported Forked Network held by the Custodian on the Customer's behalf pursuant to the Custody Fee Schedule. ### 9. Account Statements The Custodian provides the Customer with an itemized account statement ("Custody Statement") monthly via the Custodian's Consumer Interface or via email, which will list the accrued Daily Fees for the Custody Assets. ### 10. Refund and Cancellation Policy for Deposits and Withdrawals 10.1 The Custodian may cancel the deposit or withdrawal process at any time. Reasons for cancellation include, but are not limited to, technical error, market abuse, manipulation, prohibited activities and other circumstances referred to in Section 11 of this Custody Agreement. 10.2 Customers are entitled to refunds. Refunds may not be granted where the Customer is solely responsible for the cancellation or Assets are linked to criminal activity. The Custodian may deduct all fees and charges due from any refund. 10.3 In case the Custodian transfers to the Customer any excess Supported Assets that the Customer is not entitled to, the Customer agrees to inform the Custodian and transfer back that excess amount without undue delay. ### 11. Suspension or Termination The Custodian has the right to suspend and/or terminate the custody services under this Custody Agreement pursuant to the account suspension and account termination provisions of the [Terms of Service](broken://pages/-MR_g4vBkh0Fx461VOm4) and updated from time to time. ### 12. Liability and Liability Limitations 12.1 The Custodian accepts liability for intent and gross negligence. The Custodian's liability is limited to contract-typical damages foreseeable at conclusion of this Custody Agreement in case of mildly negligent breach of a main obligation or a secondary obligation, the breach of which endangers the achievement of the contract's purpose, or the fulfillment of which is essential for the proper execution of this Custody Agreement, and on the observance of which Users could reasonably rely ("Essential Secondary Obligation"). 12.2 Towards other corporations, the Custodian is only liable for intent or gross negligence on its part, by their lawful representatives, executive employees or other vicarious agents, except in the case of breaches of material contractual obligations. In the event of a breach of material contractual obligations, the Custodian shall be liable for any culpable act of its lawful representatives, officers or other employees. 12.3 The Custodian is not liable for the mildly negligent violation of secondary obligations that are not Essential Secondary Obligations. 12.4 With the exception of tort claims, the Customers' claims for damages with limited liability shall become statute-barred one year after the beginning of the statutory limitation period. As far as the liability of the Custodian is excluded or limited, the statute of limitations also applies to the personal liability of its employees, other staff and vicarious agents. 12.5 The Custodian takes all necessary and prudent precautions to safeguard Custody Assets from hacking. 12.6 Force Majeure: The Custodian is not liable for any damages due to Force Majeure. 12.7 The Custodian takes all necessary and prudent efforts to provide the Customer with high-level custody services, including applying the necessary diligence in retaining third-party services. The Custodian accepts no liability for interferences with the normal service level that are not under the control of the Custodian. It will inform Customers on the website if the service level is interrupted for more than 24 hours. ### 13. Back-Up Systems 13.1 The Custodian keeps and maintains, or causes to be kept, accurate books and records with respect to any Custody Account and Custody Assets, including with respect to the receipt and withdrawal or transfer thereof. 13.2 The Custodian maintains a commercially reasonable system for (i) recovery, in case of disaster, of all of its records associated with the Customers' Custody Accounts, and (ii) the continued provision of the services under this Custody Agreement in the event of any Downtime and Maintenance. ### 14. Transfer; third-party involvement 14.1 The Customer shall not assign or transfer any of its rights, claims or obligations under or in connection with this Custody Agreement without prior consent of the Custodian. 14.2 The Customer may at any time assign and transfer its rights, claims and obligations, including by way of assumption of contract (befreiende Vertragsübernahme), under or in connection with this Custody Agreement to a person appointed as successor Custodian under the terms of this Custody Agreement. The Customer hereby consents to any such transfer. 14.3 The Custodian may perform any of their duties or obligations under this Custody Agreement through subcontractors or agents (including affiliates), whenever and on such terms and conditions as the Custodian, in its sole discretion, deems necessary or appropriate to perform such duties or obligations or liabilities; provided, however, that no arrangement with such subcontractor or agent shall discharge the Custodian from its obligations hereunder. ### 15. Miscellaneous 15.1 Sections “Your Account”, “International Users”, “Indemnification”, “Disclaimer of Certain Liabilities” of the [Terms of Service](/terms-of-service-custody) and updated from time to time apply mutatis mutandis to this Custody Agreement. 15.2 The English language version of this Custody Agreement is authoritative and shall prevail over any translation. 15.3 The Custodian reserves the right to change or extend services, notably its Customer Interface. 15.4 The Custodian strives to continuously improve and extend its custody services. Thus, the Custodian reserves the right to adapt this Custody Agreement from time to time. The updated version of the Custody Agreement as published on the website [here](/terms-of-service-custody)[ ]()and made known to Customers via email will automatically become part of this agreement if the Customer does not object to the changes within four weeks. 15.5 For all disputes arising from the contractual relationship between the Parties, the Customer agrees that the laws of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. 15.6 The courts of Berlin, Germany have exclusive jurisdiction to settle any dispute arising out of or in connection with this Custody Agreement (including a dispute relating to the existence, validity or termination of this Custody Agreement \[or any non-contractual obligation arising out of or in connection with this Custody Agreement]. 15.7 Should any of the provisions of this Custody Agreement be or become invalid or unenforceable in whole or in part, the validity or the enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The invalid or unenforceable provision shall be replaced by a provision that, to the extent legally possible, provides for an interpretation in keeping with the meaning and the economic purposes of this Custody Agreement. If this Custody Agreement proves to be incomplete, a supplementary interpretation in accordance with the meaning and the purposes under due considerations of the legitimate interest of the Parties shall be applied. 15.8 The Custodian hereby informs the Customer that business-related and business necessary data will be collected, stored and processed within the scope of the German data protection laws. For further information on data protection please refer to the [Privacy Policy](/privacy-policy) as published on the website. ## **Questions** For questions, feedback, or more information about the Crypto Custody Services, please feel free to email us at [swarm@swarm.com](mailto:swarm@swarm-capital.com?subject=Swarm%20Capital%20Website%20-%20Terms) # Privacy Policy **Privacy Policy** Pursuant to Article 13 of EU Regulation No. 2016/679 (hereinafter the "**GDPR**") Swarm Markets S.r.l., as data controller, hereby informs you that the data provided by users (the "**Data Subject**" or the "**User**") through the website (the "**Website**") will be processed in the following manner and for the following purposes, regardless of the manner and instrument used. 1. **Data Controller** The Data Controller is **Swarm Markets S.r.l.** (hereinafter referred to as "**Company**" or also the "**Data Controller**"), having its registered office in 20121 Milano, Via del Lauro n. 9. The Data Controller provides the following e-mail address for any communication: m***.*** The Data Controller has appointed a Data Protection Officer (DPO) (Andre Stahl, Landstr. 37, 9490 FL-Vaduz) who can be contacted at: . The Data Controller may designate one or more data processors pursuant to Article 28 of the GDPR, who, on behalf of the Data Controller, provide specific processing services or related, instrumental or support activities by adopting all those technical and organisational measures that are appropriate to protect the rights, freedoms and legitimate interests recognised by law to the Data Subjects. 2. **Description of the processing** The processing shall relate to individual operations, or to a set of processing operations (such as, but not limited to: collection, recording, organisation, storage, processing, communication, modification, selection, use) of the following data (the “**Personal Data**” or also the “**Data**”) relating to you. | **Type of Data** | **Purpose** | **Legal basis** | **Retention period** | | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------- | |

Identification and contact data of the Data Subject:

name, email, address, date of birth, place of birth, nationality.

|
  • Manage the registration of the account;
  • provide support to the user;
  • manage and process requests made by the Data Subject through the contacts indicated on the Website.
| Performance of a contract to which the Data Subject is party or performance of pre-contractual measures taken at his or her request (Article 6(1)(b) GDPR). | Until the deletion of the account and for 3 (three) years thereafter. | | **E-mail address of the User** |
  • Send newsletters and commercial communications to the User;
  • send updates and news to the User.
| Express consent of the Data Subject (Article 6(1)(a) of the GDPR). | Until consent is revoked by the Data Subject through the link provided at the bottom of each communication and/or by written communication. | | **Personal data processed in the context of AML verifications:** name, surname, date and place of birth, tax code, profession, residence address, home address if different from residence address, identity document details, email address, certified email address. |
  • Carry out customer risk assessment, client due diligence, Anti-Money Laundering ("AML") checks and Know Your Customers ("KYC") checks;
  • to manage and prevent AML and financial crime risks, to conduct sanctions screening, fraud and other background checks and to prevent re-onboarding risks in the future by compiling an internal blacklist of rejected customers;
  • to fulfill obligations established by law, regulations, EU law, or an order from the Authority.
| The processing is necessary for reasons of substantial public interest based on Union or Member State law (Article 9(2)(g) of the GDPR). | For a period of 10 (ten) years after the termination of the contractual relationship. | | **Personal Data contained in an application (CV)** |
  • Manage the personnel recruitment process;
  • contact candidates to schedule interviews and/or meetings.
| Performance of a contract to which the Data Subject is party or performance of pre-contractual measures taken at his or her request (Article 6(1)(b) GDPR). | For 6 (six) months from the end of the recruitment process. | | **Cookies and other technologies for reading/storing information on the data subject's terminal** | Please refer to the 'Cookie Policy', available at the following [link](/cookie-policy). | Please refer to the 'Cookie Policy', available at the following [link](/cookie-policy). | Please refer to the 'Cookie Policy', available at the following [link](/cookie-policy). | 3. **Processing methods** The processing of Personal Data: 1. shall be carried out by means of the operations indicated in Article 4 no. 2) of the GDPR, namely: collection, recording, organisation, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, deletion and destruction of Data. 2. will be carried out in compliance with the principles of correctness, lawfulness and transparency, with manual, paper, computer, telematic, automated tools, also suitable for storing, managing or transmitting the data, in any case suitable to guarantee the security and confidentiality of the Data. 3. **Security measures** The Data Controller has adopted a variety of security measures consistent with the measures expressed in Article 32 GDPR to protect Data against the risk of loss, misuse or alteration. The processing is carried out using IT and/or telematic tools, with organisational methods and logic strictly related to the purposes indicated. 5. **Access to Data and communication** The Data may be made accessible for the purposes set out in Article 2 above: 1. to employees, collaborators, associates and partners of the Data Controller, in their capacity as persons in charge and/or internal data processors and/or system administrators, in any country (in accordance with the provisions of Article 8 below); 2. to third party companies or other entities performing outsourcing activities on behalf of the Data Controller, in their capacity as data processors. Without the express consent of the Data Subject, the Data may not be transferred to third parties for their use for their own purposes, and therefore outside the access referred to in this Article 7. In any case, the Data shall not be disclosed, unless this is necessary to fulfil obligations provided for by law or regulations. 6. **Transfer of Data** The management and storage of the Data will take place primarily in Europe, on servers of third-party companies appointed and duly appointed as data processors. The Data Controller may also provide access to the Website and to the services therein indicated in other countries, in which case the transfer of Data to such countries is strictly limited to the actual need to be aware of it. The Data Controller will take the necessary measures to protect Users' Personal Data and prevent unauthorised access. Personal Data may be transferred to systems used by the Data Controller and/or third-party companies duly appointed as data processors also outside the European Union. In the event that such transfer takes place towards countries that do not provide the same level of protection as provided by the GDPR or applicable legislation, or in any event an adequate level of protection for personal data, the Data Controller will ensure that each recipient undertakes specific contractual obligations in accordance with applicable data protection legislation (including the signing of the Standard Contractual Clauses "SCC" approved by the European Commission Pursuant to Art. 49 GDPR, in the absence of an adequacy decision pursuant to Article 45(3) GDPR, or adequate safeguards pursuant to Article 46 GDPR, including Binding Corporate Rules, the Data Controller will proceed to the transfer of personal data to a Third Country after obtaining specific consent from the Data Subject. In any case, the User may request further information regarding the transfer of Personal Data by writing to the e-mail address . 7. **Data retention and deletion** The retention period of Personal Data is indicated in the table in Section 2 above. At the end of the retention period, the Personal Data will be deleted. Therefore, at the end of this period, the User will no longer be able to exercise his or her right of access, cancellation, rectification and the right to Personal Data portability. Personal Data will be stored by means of computerised archives, including portable devices, adopting appropriate measures to guarantee their security and to allow access to them exclusively to personnel authorised by the Data Controller and strictly for the purposes indicated above. 8. **To whom we may disclose Personal Data** For the purposes set out above, Personal Data may be made accessible or communicated to: 1. employees and contractors of the Data Controller, in their capacity as authorised processors, within the scope of their respective duties and in accordance with their instructions. These individuals are in any case subject to the obligations of confidentiality and privacy; 2. to third parties carrying out outsourcing activities on behalf of the Data Controller whose activities are connected, instrumental or in support of those of the Data Controller (e.g. management software); 3. to all those public and/or private entities, natural and/or legal persons (such as, by way of example, legal, administrative and tax consultancy firms, funds or funds, including private welfare and assistance funds, Judicial Offices, Chambers of Commerce), if the communication is necessary or functional to the proper fulfilment of the contractual obligations undertaken, as well as the obligations arising from the law; 4. to all those entities (including Public Authorities) that have access to Personal Data by virtue of regulatory or administrative measures; In any case, the Personal Data collected will not be disclosed except for the purposes listed above. 9. **Rights of the data subject** The Data Subject may exercise the rights provided for by the GDPR within the limits and under the conditions laid down therein: 1. **access to the Data**: the Data Subject has the right to obtain from the Data Controller confirmation as to whether or not Personal Data concerning him/her is being processed and, if so, to obtain access to the Personal Data in a commonly used electronic format and certain information on the processing (e.g. purposes, categories of Data processed, recipients, transfers outside the EU, implementation of profiling activities, etc.); 2. **rectification of Data**: the Data Subject has the right to obtain the rectification of inaccurate Personal Data concerning him/her without undue delay and/or the integration of incomplete Personal Data, also by providing a supplementary declaration; 3. **deletion of Data or "right to be forgotten"**: the Data Subject has the right to obtain from the Data Controller the deletion of Personal Data concerning him/her without undue delay and the Data Controller has the obligation to delete Personal Data without undue delay; 4. **limitation of processing**: the Data Subject has the right to obtain from the Data Controller the limitation of the processing; 5. **portability of the Data**: the Data Subject has the right to receive in a structured, commonly used and machine-readable format the Personal Data concerning him/her provided to the Data Controller and has the right to transmit such Data to another data controller without hindrance from the data controller to whom he/she provided them; 6. **objection to processing**: the Data Subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of Personal Data concerning him or her pursuant to Article 6(1)(e) or (f) of the GDPR, including profiling on the basis of those provisions. By virtue of the type of service offered, the Company cannot guarantee the full exercise of certain Data Subject Rights - such as the right to erasure - with respect to Personal Data processed through the blockchain. In fact, the Data entered within a blockchain is an integral part of the logical ledger and cannot be modified and/or deleted in any way. 10. **Right to complain** Data Subjects who believe that the processing of their Personal Data is in breach of the provisions of the GDPR have the right to lodge a complaint with the Italian Data Protection Authority (Garante Privacy) by email, at or , by fax 06.696773785, or by post to the Garante Privacy per la protezione dei Dati Personali, based in Rome (Italy), Piazza Venezia n. 11 - Cap 00187, or alternatively by bringing a claim before the Judicial Authority. 11. **How to exercise rights** The Data Subject may exercise its rights at any time by sending: 1. an e-mail to ; 2. a registered letter with return receipt to Swarm Markets S.r.l., with registered office in 20121 Milano, Via del Lauro n. 9. The Data Controller undertakes to provide the Data Subject with information regarding the action taken in respect of a request to exercise rights without undue delay and, in any case, at the latest within a period of 30 (thirty) days from receipt of the request itself, extendable up to 3 months only in particularly complex cases. Any rectification or cancellation or limitation of processing carried out at the express request of the Data Subject (unless this proves impossible or involves a disproportionate effort) shall be communicated by the Data Controller to each of the recipients to whom the Personal Data have been transmitted. The Data Controller may inform the Data Subject of the contact details of the recipients, if so requested. 12. **Amendments to this policy** This privacy policy may be subject to changes and additions over time, as necessary due to new legislation on the protection of Personal Data, or due to the evolution/modification of the Data Controller's services. The User may at any time request the Data Controller to receive the updated privacy policy. Whenever possible, the Data Controller will endeavour to inform the Data Subject of the changes made to the privacy policy and their consequences, acquiring, if necessary, the User’s consent to carry out new processing activities. Date of update: July 2024. # Cookie Policy **Cookie Policy** **Who are we and what do we do with your personal data?** **Swarm Markets S.r.l.**, with registered office in 20121 Milano, Via del Lauro n. 9 (hereinafter the “**Data Controller**”), as Data Controller, is concerned about the confidentiality of your personal data and to guarantee them the necessary protection from any event that may put them at risk of violation. We’ve written this cookie policy to inform you how we use “cookies” (“**Cookies**”) and similar technologies on our website at ("**Website**”) and to assist you in making informed decisions when browsing our Website. Please take a moment to read and understand this cookie policy, which should be read in conjunction with our privacy policy . You can contact the Data Controller at [privacy-it@swarm.com](mailto:privacy@swarm.com). **What are Cookies and for what purposes they can be used** A Cookie is a small text file created by some websites on the user’s computer when he accesses a particular site, with the purpose of storing and transporting information. Cookies are sent from a web server (which is the computer on which the visited website is running) to the user’s browser (Internet Explorer, Mozilla Firefox, Google Chrome, etc.) and stored on your computer of the latter; they are then sent back to the website at the time of subsequent visits. Some operations could not be performed without the use of Cookies, which, in some cases, are therefore technically necessary. In other cases, the site uses Cookies to facilitate navigation by the user or to allow them to take advantage of services specifically requested. Cookies can remain in the system even for long periods and may also contain a unique identification code. This allows sites that use them to keep track of the user’s navigation within the site itself, for statistical or advertising purposes, that is, to create a personalized profile of the user to starting from the pages that the same has visited and then show him and/or send him targeted advertisements (*so-called Behavioural Advertising*). **Which cookies are used and for what main purpose** We use the following types of Cookies across our Website: #### Analytics and Performance Analytics Cookies provide information about the website’s metrics, such as the number of visitors the site gets and which features of a website are most popular. We use this information to improve the Website and our services. In general, the use of this type of Cookie does not require the collection of your consent. #### Essential Cookies Essential Cookies are those Cookies which are essential for the operation of a website, such as login Cookies. The use of this type of Cookie does not require the collection of your consent. #### Functionality Cookies These Cookies recognise you when you return to a website, they remember your preferences and they provide personalized features. They’re also used to personalize your interaction with social media, such as Twitter, Facebook and TikTok. Such Cookies recognise users of those social media sites when you view social media content on the website. They also allow you to quickly share content across social media, through the use of simple “sharing” buttons. Some websites may also contain features that enable you to use your social media account to sign in and create/maintain an account with the website you are visiting and to enable the website operator to store your content. This involves the use of cookies. The use of the aforementioned Cookies requires the prior acquisition of your consent pursuant to Article 23 of Legislative Decree 196/2003 and the provisions of EU Regulation 2016/679. The Website acquires the aforementioned consent in compliance with the regulations in force through the banner that appears on the first visit to the Website itself. The consent can be revoked at any time. The denial of consent to the use of Functionality Cookies will not interfere with the possibility of accessing the Website, except for the impossibility of accessing those functions or content that make use of said Cookies. #### Targeting Cookies Targeting Cookies (also known as advertising Cookies) deliver adverts that are tailored to you and your interests. They are also used to limit the number of times you see an advertisement on a website and help measure the effectiveness of advertising campaigns. They remember that you’ve visited a website and this information is shared with other organizations, such as advertisers. The use of the aforementioned Cookies requires the prior acquisition of your consent pursuant to Article 23 of Legislative Decree 196/2003 and the provisions of EU Regulation 2016/679. The Website acquires the aforementioned consent in compliance with the regulations in force through the banner that appears on the first visit to the Website itself. The consent can be revoked at any time. The denial of consent to the use of Targeting Cookies will not interfere with the possibility of accessing the Website, except for the impossibility of accessing those functions or content that make use of said Cookies. The below table details the Cookies currently in use. We update this cookie policy as required, to ensure we’re transparent about our use of Cookies. We recommend you to regularly check this table and the cookie policy generally. | **Name** | **Type** | **Expiration** | **Description** | | ---------------------------------------- | ------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | Edgetag | Targeting | | Synchronizes users across web properties and consolidates cookie preferences. | | Sendinblue | Targeting | 2 years | This is a marketing company which provides software platform service for businesses. | | Twitter Advertising | Targeting | The data will be deleted as soon as they are no longer needed for the processing purposes. | This is an advertising service. | | Twitter Conversion Tracking | Targeting | The data will be deleted as soon as they are no longer needed for the processing purposes. | This is a conversion tracking service. | | adsrvr | Targeting | The data will be stored no langer than 3 years. | This service allows the opt-out of cookies. | | Google Tag Manager | Functional | The data will be deleted as soon as they are no longer needed for the processing purposes. | This is a tag management system. Via Google Tag Manager, tags can be integrated centrally via a user interface. Tags are small sections of code that can track activities. Script codes of other tools are integrated via the Google Tag Manager. The Tag Manager allows to control when a particular tag is triggered. | | Gravatar | Functional | | This is a service that provides avatars to internet users leaving comments on webpages. | | The Graph | Functional | The data will be deleted as soon as they are no longer needed for the processing purposes. | The Graph is an indexing protocol for organizing and accessing data from blockchains and storage networks. | | Thirdweb | Functional | The data will be deleted as soon as they are no longer needed for the processing purposes. | A service to simplify the process of building decentralized applications on the blockchain. | | Cloudflare | Essential | The data will be deleted as soon as they are no longer needed for the processing purposes. | This is a service providing increased security and performance for websites. Cloudflare offers for example a content delivery network („CDN“) to improve the loading times of the website. The use of a CDN enables the user to make content available for retrieval more quickly with the help of regionally or internationally distributed servers. | | Fontawesome | Essential | The data will be deleted as soon as they are no longer needed for the processing purposes. | This is a font and icon toolkit service. | | Usercentrics Consent Management Platform | Essential | The consent data (given consent and revocation of consent) are stored for one year. The data will then be deleted immediately. | This is a consent management service. Usercentrics GmbH is used on websites and apps as a processor for the purpose of consent management. | | Zendesk | Essential | The data will be deleted as soon as they are no longer needed for the processing purposes. | This is a customer relationship management service. | | cloudfront.net | Essential | The data will be deleted as soon as they are no longer needed for the processing purposes. | This is a content delivery network provided by Amazon. The use of a CDN enables the user to make content available to you for retrieval more quickly with the help of regionally or internationally distributed servers. When you access this content, a connection is established between you and the respective servers of the CDN, whereby personal data may be transmitted. | | gstatic.com | Essential | Requests for CSS assets are cached for 1 day, font files are cached for one year. Some information retained until removed by the user, some expires after a specific period of time, some is retained until the user's Google Account is deleted. | This is a domain used by Google to off-load static content to a different domain name in an effort to reduce bandwidth usage and increase network performance for the end user. | | reCAPTCHA | Essential | Data will be deleted as soon as they are no longer needed for the processing purposes. | This is a service that checks whether data is entered by a human or by an automated program. | | Blotout | Analytics and Performance | Data will be deleted as soon as they are no longer needed for the processing purposes. | Blotout Analytics is a first-party analytics platform that provides data on user behaviour to help improve our service. | **How can you disable and delete Cookies?** You can change your mind about our use of non-essential Cookies by simply changing your consent settings in the Data Controller Cookie banner. Alternatively, you can amend your browser settings to automatically determine Cookie settings on your behalf. Below is the path for managing and, if necessary, deleting cookies from the following browsers: Internet Explorer: . Safari: . Chrome: . Firefox: e. Please be aware that disabling browsing Cookies or functionality Cookies may cause an unsatisfactory functioning of the websites and/or limit the service offered by the Data Controller. **How we process your data** The processing of personal data is carried out through IT procedures by specially authorized and trained internal subjects. They are allowed access to your personal data to the extent and within the limits in which it is necessary for the performance of the processing activities that concern you. The Data Controller periodically checks the tools through which your data are processed and the security measures provided for them, of which it provides for constant updating; checks, also through the subjects authorized to process, who are not collected, processed, stored or stored personal data whose processing is not necessary; verify that the data is stored with the guarantee of integrity and authenticity and their use for the purposes of the treatments actually carried out. **Where we process your data** The data is stored in computer and telematic archives located within the European Union. The Data Controller guarantees compliance with appropriate security measures, for more information you can write to . **How long do we process your data?** We invite you to read the terms of retention of personal data as indicated in the table above. **What are your rights?** At any time, free of charge and without special charges and formalities for your request, you can: 1. obtain confirmation of the processing carried out by the Data Controller; 2. access your personal data and know its origin (when the data are not obtained from you directly), the purposes and purposes of the processing, the data of the subjects to whom they are communicated, the period of retention of your data or the criteria useful to determine it; 3. update or rectify your personal data so that they are always accurate and accurate; 4. delete your personal data from databases and/or archives, including backups of the Data Controller, if, among others, they are no longer necessary for the purposes of the processing or if this is assumed as unlawful, and always if the conditions provided for by law are met; and in any case if the processing is not justified by another equally legitimate reason; 5. limit the processing of your personal data in certain circumstances, for example where you have challenged its accuracy, for the period necessary for the Data Controller to verify its accuracy. You must be informed, in a reasonable time, even when the suspension period has been completed or the cause of the limitation of processing has disappeared, and therefore the limitation itself is revoked; 6. obtain your personal data, if received or processed by the Data Controller with your consent and/or if their processing takes place on the basis of a contract and with automated tools, in electronic format also in order to transmit them to another data controller. The Data Controller must proceed in this sense without delay and, in any case, at the latest within one month of receiving your request. The deadline may be extended by two months, if necessary, taking into account the complexity and number of requests received by the Data Controller. In such cases, the Data Controller, within one month of receiving your request, will inform you and inform you of the reasons for the extension. To exercise your rights, write to . **How and when can you object to the processing of your personal data?** For reasons related to your particular situation, you can object to the processing of your personal data at any time if it is based on legitimate interest, by sending your request to the Data Controller at the following address: . You also have the right to delete your personal data if there is no legitimate reason prevailing from the one that gave rise to your request. **Who can you file a complaint with?** Without prejudice to any other administrative or judicial action, you can file a complaint with the competent supervisory authority or the one that carries out its duties and exercises its powers in Italy where you have your habitual residence or work or if different in the Member State where the violation of Regulation (EU) 2016/679 (GDPR) took place. # Important Notice Regarding VASP Operations ### Important Notice Regarding VASP Operations of Swarm Markets S.r.l. Swarm Markets S.r.l., registered with the Commercial Court of Milan under number 13210270966 and listed in the VASP register maintained by OAM, hereby informs that it has **no active customers and has not conducted any business activities**. In accordance with Article 45, paragraph 5, of the Italian Legislative Decree No. 129 of 5 September 2024, Swarm Markets S.r.l. informs that it **does not intend to apply for authorization under Regulation (EU) 2023/1114 (MiCAR)**, neither in Italy nor in any other EU Member State. Swarm Markets S.r.l. will therefore proceed with the **orderly termination of its VASP registration and the subsequent dissolution of the company**. Since the company has no customers or active business relationships, there are **no operational impacts or customer-related obligations** arising from this termination. Until the formal cancellation of the VASP registration, the company remains subject to the existing applicable rules for Virtual Asset Service Providers under Italian law and is not governed by MiCAR during this transitional period. For any questions, please contact:\ 📧 \ 📍 Swarm Markets S.r.l., Via del Lauro, 9, 20121 Milan, Italy *** ### **Avviso Importante sull’Operatività di Swarm Markets S.r.l. come VASP** Swarm Markets S.r.l., iscritta al Registro delle Imprese di Milano al numero 13210270966 e al registro dei VASP tenuto dall’OAM, comunica che **non ha clienti attivi e non ha svolto alcuna attività operativa**. Ai sensi dell’Articolo 45, comma 5, del Decreto Legislativo 5 settembre 2024, n. 129, Swarm Markets S.r.l. informa che **non intende presentare domanda di autorizzazione ai sensi del Regolamento (UE) 2023/1114 (MiCAR)**, né in Italia né in altri Stati membri dell’Unione Europea. Swarm Markets S.r.l. procederà quindi con la **cessazione ordinata dell’iscrizione al registro VASP e con la successiva liquidazione della società.** Poiché la società non ha clienti né rapporti operativi in essere, **non vi sono impatti operativi né obblighi nei confronti della clientela derivanti da tale cessazione.** Fino alla cancellazione formale dall’elenco dei VASP, la società rimane soggetta alla normativa vigente applicabile ai prestatori di servizi relativi all’utilizzo di valute virtuali e ai prestatori di servizi di portafoglio digitale e non rientra nel campo di applicazione del Regolamento (UE) 2023/1114 durante questo periodo transitorio. Per qualsiasi informazione, contattare:\ 📧 \ 📍 Swarm Markets S.r.l., Via del Lauro, 9, 20121 Milano, Italia