Dapper Interface Terms of Use

Last updated July 5, 2019

These Terms of Use (these “Terms”) are an important legal agreement between you and Dapper.

For the purposes of these Terms, “Dapper”, “us”, “we”, or “our” means Dapper Labs Inc., a British Columbia company, having its registered address at #600-565 Great Northern Way, Vancouver, British Columbia, Canada, V5T 0H8, while “You” or “your” means the person or entity accepting these Terms.

By signing up to create an Account or a Dapper Interface (each as defined below), by visiting www.meetdapper.com or by using any browser extension that we may make available to you (each, our “Site”), you agree that you have read, understood and accept these Terms and our Privacy Policy. These Terms govern your use of the Site, the Dapper Interface, and any other services provided under these Terms (collectively, the “Services”), so please read them carefully.

THESE TERMS CONTAIN AN ARBITRATION PROVISION. YOU AGREE THAT ANY DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION AS MORE FULLY DESCRIBED HEREIN. YOU ALSO AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING YOUR RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT RELATED TO THE SITE, THE SERVICES OR THE DAPPER INTERFACE.

1. Definitions

The following terms have the following meanings. Any other capitalized term will have the meaning ascribed to it in these Terms:

“Account” means an account that you create on our system that allows you to use the Services.

“Approved Network” means one or more blockchains that Dapper has approved for use on the Dapper Interface.

“Dapper Interface” means those elements of the Services that enable you to create Interface Addresses, and to receive and send Supported Tokens via your Interface Address.

“Interface Address” means one or more public addresses that Dapper has approved for use with the Dapper Interface.

“Token” means a token published on the blockchain of a Virtual Currency.

“Virtual Currency” means a virtual currency based on a distributed blockchain ledger of an Approved Network over which no single issuer, holder or group of either has control.

2. The Dapper Interface: an Unhosted Non-Custodial Smart Contract Multi-Signature Interface

A Dapper Interface supplied to you through the Services is like a multi-signature Ethereum wallet, with some very important differences. Depending on your preferences, your Dapper Interface will be associated with one or more Approved Networks and Interface Addresses. The list of Approved Networks will appear on the Site or in your Account. Dapper may change the list of Approved Networks from time to time at its discretion. Dapper making a network an Approved Network does not constitute an opinion as to the legal status, security or other status of the network. Each Interface Address you create will be unique to your Account, and will not be used by Dapper other than as permitted in these Terms. We reserve the right to limit the number of Interface Addresses that you can associate with your Dapper Interface. Subject to these Terms and the ongoing operation of the Approved Network, each Interface Address will be capable of receiving deposits of either Token or Virtual Currency.

The Dapper Interface does not utilize private keys the way most other Ethereum wallets do. Instead, the Dapper Interface works through an Ethereum-based smart contract, as explained in more detail below. When these Terms state that Virtual Currency or Tokens are ‘in your Dapper Interface’, or similar wording, this means that transactions have occurred on an Approved Network, resulting in the Virtual Currency and/or Tokens being accessible from your Interface Address. It does not mean that Dapper owns, controls or has possession of any of those Virtual Currencies or Tokens.

3. Account and Personal Information

The Services include an Account that will be used to identify certain of your preferences and serve as a record of certain elements of your activity within the Services. When you sign up for an Account, we will use the information you provide to determine whether you are eligible for an Account. You understand that we may decline to grant you an Account (or, alternatively, suspend any existing Account without liability to you) for any reason. Once we decide that you are eligible for an Account, we will create your Account when you have completed all of the following steps: (i) provide your email address to us; (ii) confirm your email address through a “magic link” that we provide to you; (iii) accept these Terms and our privacy policy; and (iv) provide such other information as we may request on the sign-up page of the Site or any applicable Services. You agree not to provide false information to us. Once we create your Account, it will be accessible to you through the Site. Please be aware that your Account is different from your Dapper Interface. You will be given (or be able to create) unique ID and password credentials that you will use to access your Account (your “Account Credentials”). You agree to keep your Account Credentials confidential, and not share them with anyone else. You agree not to let anyone else use your Account or your Dapper Interface. You agree that you are ultimately responsible for any activities that take place via your Account or your Dapper Interface, even if you were not aware of them.

When you make selections or adjust preferences made available to you in the Account, such selections shall form part of these Terms.

We will collect, store, process and disclose information in your Account, all pursuant to our Privacy Policy.

4. Interface Credentials

The Dapper Interface will provide you with unique credentials that are essential for the full functionality of the Dapper Interface. These unique credentials are comprised of two elements: a Device Key, and a Rescue Kit.

a. Device Key

The “Device Key” is a key that our Services create and is securely stored on your device (e.g. your computer). Your Device Key remains on your device as long as you have the ability to access the account on your device.

b. Rescue Kit

The “Rescue Kit” is a tool to assist you in recovering the right to use and access your Dapper Interface in certain situations. Dapper recommends that you back-up your Rescue Kit, to help ensure that you have access to it when you need it. Dapper reserves the right to limit transactions on your Dapper Interface if you have not confirmed that you have backed up your Rescue Kit.

Together, your Device Key and your Rescue Kit comprise your “Interface Credentials”. Dapper never sees or controls your Interface Credentials, and the Dapper Interface will not work without them. When you get your Interface Credentials, please make a copy of the Rescue Kit and put it somewhere safe. Interface Credentials are different from your Account Credentials.

You are solely responsible for managing and maintaining the security of your Interface Credentials. You agree that you will not permit any other party to access your Interface Credentials, and you agree that Dapper will not be held responsible for any unauthorized access to your Interface Credentials, or any harm you may suffer as a result of unauthorized access to your Interface Credential or your Account.

5. Dapper Interface Recovery

Dapper may be able to provide certain limited recovery tools under a limited set of circumstances. In some cases lost Interface Credentials cannot be recovered, and you may permanently lose access to your Dapper Interface and all Virtual Currency and Tokens in it as a result (and Dapper will not be liable to you if that happens). To review the situations where Dapper may be able to provide assistance in Dapper Interface recovery, please consult Dapper’s FAQ page on the Site.

6. Security - Your Devices, Account Credentials and Interface Credentials

Dapper is not liable to you or to any third party for any interruptions to the Services, or for damage caused by computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other devices used to access the Services. Dapper is also not liable to you or to any third party for any phishing, spoofing or other attacks that may occur. SMS, email services, and other forms of two-factor authentication are vulnerable to phishing and spoofing attacks; Dapper recommends that you always use care in viewing and acting on messages purported to be sent by Dapper.

You are responsible for securing the computers and other devices you use to access the Services. Securing devices includes doing things like maintaining adequate control of your devices and your security details, such as usernames, passwords and Interface Credentials. You are solely responsible for taking adequate steps to prevent the theft, loss or misuse of your devices, and for ensuring that your devices are password protected. You understand that any loss or compromise of your device or of your device username and password, Account Credentials, Interface Credentials, or other security details may result in unauthorized access to your Dapper Account or Dapper Interface and the loss of the Virtual Currency or Tokens held in your Dapper Interface, that you will be solely responsible for such losses, and that Dapper will not be liable to you or to any third party for such losses.

Dapper does not store your Interface Credentials associated with your Dapper Interface. You are solely responsible for remembering, storing and keeping your Interface Credentials safe. Except as otherwise expressly set forth in these Terms, we cannot assist you with Interface Credential recovery or replacement.

If you suspect that an unauthorized party has accessed your Account or your Dapper Interface, you should notify Dapper at support@meetdapper.com as soon as possible. Failure to provide us with a prompt notification of any unauthorized access may be taken into account in Dapper’s determination of the proper resolution of the matter. You agree to take any steps we reasonably require to help reduce, mitigate the impact of, manage, or report any unauthorized access to your Account or Dapper Interface.

7. Security - Dapper Interface

Your Dapper Interface is your responsibility. You control your Account Credentials and Interface Credentials. In order for a transaction to be completed, you and Dapper must each present their respective credentials (see how transactions work, described below). This multiple-signature feature is intended to increase transactional security by allowing Dapper to, for example, attempt to block transactions that appear to originate from a stolen device or which are being sent to a known scam address.

Dapper makes no representation as to the ability of Dapper or the Dapper Interface to prevent fraud or illegal transactions. However, your transactions may involve less risk if you elect to use the ‘additional security’ mode of the Services, because then your transactions will then require an additional layer of approval - Dapper must present its own credentials (the “Dapper Credentials”) - in order to be completed.

If you elect to use the ‘additional security’ mode of the Services, Dapper will not release its matching Dapper Credentials if Dapper believes that your Account or your Dapper Interface have been compromised. Even in this mode, Dapper is unable to unilaterally initiate transactions on any Interface Address in the Dapper Interface. Dapper does not back-up your Dapper Interface, or your Interface Credentials. Dapper is not a hosted Virtual Currency wallet. Transactions can only be completed on your Interface Addresses through your express Sender Transaction Initiation (described below), which requires use of your private Interface Credentials (which Dapper neither holds, nor has access to).

If Dapper believes that your Account or your Dapper Interface have been compromised, we may attempt to contact you to re-authenticate your Account. Dapper not doing that, however, is not a breach of these Terms.

8. Device Access; Electronic Communications

The Services require that you have access to a device, such as a computer or mobile device, that supports your use of the Services.

You agree that all communications from Dapper (including, without limitation, legal notices) may be provided to you via email at the address you provided when creating your Account. You are responsible for ensuring that the email address provided is accurate, and that the email address associated with your Account remains correct. Dapper will not be responsible for any harm you may suffer as a result of your failure to receive any notice or communication that Dapper sends to the email address associated with your Account.

9. Dapper Interface Transactions

a. Approved Networks and Supported Tokens

Each Interface Address can be used to receive, send, and store Virtual Currency and Tokens from Approved Networks (collectively, “Supported Tokens”). The Dapper Interface cannot receive, store, or send Virtual Currency or Tokens that are not from an Approved Network. Please make sure the Dapper Interface supports the Virtual Currency or Tokens that you send to it. If you send Virtual Currency or Tokens that are not Supported Tokens to your Dapper Interface: (i) you may lose those Virtual Currencies or Tokens forever; (ii) Dapper will not be able to help you or otherwise rectify the transaction; and (iii) Dapper will not be liable or responsible to you if that happens. If Dapper stops supporting a given Virtual Currency or Token, we will give you notice by email of that change, and you will have thirty (30) days from the date of the notice to move those Virtual Currencies and Tokens from your Dapper Interface to a Return Address, after which you will not be able to initiate any ‘send’ transactions on the Interface Address for those Virtual Currencies or Tokens.

b. Completed Transactions are Irreversible

Dapper does not control transactions that take place via the Services. Once they have been completed (as discussed below), transactions that do occur cannot be modified, and are irreversible. With that in mind, we strongly encourage you to verify all transaction information to ensure it is complete and correct prior to submitting the transaction. Dapper cannot guarantee the identity of any counterparty of any transaction.

c. Transactions – ‘Receive’

To receive Supported Tokens in your Dapper Interface, you must share your public Interface Address with the sender. After the sender posts their transaction to an Approved Network, you will see the corresponding credit of Supported Tokens to your Interface Address. Remember, sending Virtual Currency or Tokens that are not Supported Tokens to your Dapper Interface will likely result in you losing them forever (and we will not be liable to you if that happens). Make sure your sender has your correct Interface Address; if they don’t, they and you could lose the items transferred forever (and we will not be liable to you if that happens). Your Account will track your Interface Address balances.

d. Transactions – ‘Send’

If you elect to use ‘additional security’ mode, Dapper Interface ‘send’ transactions will not occur from your Interface Address unless both you and Dapper each use their private credentials. Dapper alone is not capable of initiating a ‘send’ transaction from your Interface Address. Similarly, in order for a ‘send’ transaction to be posted from your Interface Address, Dapper must present the Dapper Credentials to confirm the transactions. Dapper is the only holder of Dapper Credentials, and will not share them with you or anyone else.

  i. Send Address

In order to initiate a ‘send’ transaction from your Interface Address, you must provide a send-to Approved Network address that is either a Return Address, or another address that is not a blacklisted, dark-web-associated, or high-risk address, as determined by Dapper in its sole discretion (each, a “Send Address”). Dapper may, at its discretion, flag addresses that are not compatible with the Dapper Interface or not part of an Approved Network, and may reject them as potential Send Addresses. Dapper cannot guarantee the security or status of any Send Address. The Send Address for each transaction will be recorded in your Account. Processing of a transaction related to a given Send Address does not constitute an opinion by Dapper as to whether or not that address is blacklisted or dark-web associated. Dapper will not be liable to you for any transactions that that you engage in that involve an unsafe Send Address, or a Send Address that you use mistakenly.

  ii. Sender Transaction Initiation

To initiate a ‘send’ transaction from your Interface Address, you must: (i) identify the type and quantity of Supported Tokens that you wish to send; (ii) specify a valid Send Address; (iii) approve the amount of network fees (described below) to be spent on the transaction, which, when added to the Supported Tokens being sent, must not exceed the total amount of Supported Tokens in your Interface Address at the time of the transaction; and (iv) present your Interface Credentials. These four items are known as “Sender Transaction Initiation”.

  iii. Network Fees

Approved Networks charge network fees, sometimes called “gas fees”. These fees are often required to cover the transaction costs on Virtual Currency networks, and may apply to transactions into and out of your Dapper Interface. You are solely responsible for paying all network fees. Dapper will not be responsible should any network fee you pay be insufficient or excessive. You agree to ensure that the Interface Address from which you wish to send holds enough Supported Tokens to cover the transaction and its associated network fees, as indicated in your Sender Transaction Initiation. If you do not, you acknowledge that your transaction may be blocked, might fail, or result in some or all of your Supported Tokens being suspended temporarily or forever.

  iv. Dapper Credentials

When using the Additional Security feature, subject to these Terms and any of our anti-money laundering or other related policies (collectively, our “Risk Policies”), following our receipt of a proper Sender Transaction Initiation, Dapper will present the Dapper Credentials, such that the transaction specified in the Sender Transaction Initiation is posted to the Approved Network (each, a “Complete Transaction”). Transactions will not be considered Complete Transactions while they are pending (as described below).

e. Transactions - Pending

Once a transaction has been submitted to the Approved Network, it will be considered “pending” until the transaction can be confirmed on the Approved Network. You acknowledge that Dapper does not control the length of time it takes for a pending transaction to be confirmed, or whether a pending transaction is ultimately confirmed; similarly, you acknowledge that your transactions may not become Completed Transactions, or may be delayed by the Approved Network (and that Dapper will not be liable to you if that happens). Such pending transactions will not be included in your Interface Address balance, nor will any values associated with pending transactions be available to you or to the intended recipient to conduct other transactions.

Dapper does not control any Approved Network, and cannot ensure when or if any pending transaction will be confirmed. You understand and agree that transactions may not be completed, or may be delayed by the Approved Network, and that Dapper will not be liable to you if that happens.

f. Transaction - Failure Modes

If you or the sender for a given transaction has not provided sufficient network fees, or if the Approved Network has insufficient mining capacity at the time of a transaction, the transaction may fail, take a very long time to occur, or never occur. Dapper does not guarantee the success of any ‘receive’ or ‘send’ transaction in your Dapper Interface, because we do not control any Approved Network. Dapper is also not capable of initiating any transaction in your Dapper Interface; you have to sign each outgoing transaction on each Interface Address with your Interface Credential (which we do not have access to). There may also be changes in the Approved Network on which your Interface Address relies, such as a fork or network failure, which may impede the operation of your Dapper Interface or your ability to transact with your Supported Tokens. Given that the Dapper Interface does not use private keys, your Dapper Interface cannot be recreated elsewhere.

g. Transactions - Limits

We may implement transaction limits for our Services from time to time, at our sole discretion. While we may post these transaction limits on the Site or in your Account, we are under no obligation to do so. We reserve the right to require you to provide us with certain “know-your-customer” information upon request, including but not limited to government-issued identification, proof of residence, telephone number, or interface control verification as a condition precedent to allowing you to complete any transaction on an Interface Address or in your Account.

h. Transactions - Blocked

As a general statement, Dapper does not control transactions. However, to the limited extent that Dapper has the ability, as the normal part of operation of the Services, to refuse or cancel a pending transaction, Dapper reserves the right to refuse or cancel any such pending transaction at any time, at its sole discretion.

10. Regulatory Disclosure

The Services are one way for you to manage and interact with some of your virtual assets. Your Dapper Interface is not hosted by Dapper; rather, it is hosted on an Approved Network blockchain.

Dapper is not a bank, money transmitter, virtual currency business, custodial or hosted Virtual Currency wallet, or other form of money services business. Dapper does not own, possess or control any Virtual Currency or Tokens deposited in a Dapper Interface. Dapper is not able to initiate any ‘send’ transaction on your Dapper Interface on its own. You will hold the only copy of the Interface Credentials (as described above) that are necessary to initiate any ‘send’ transaction from your Dapper Interface. Dapper is not the custodian of any Virtual Currency or Token transferred to a Dapper Interface. Dapper does not obtain or hold any legal or beneficial right, title or interest in or to any Virtual Currency or Tokens that you store in your Dapper Interface. In ‘additional security’ mode, as a fraud-prevention and risk-mitigation measure, Dapper Interface ‘send’ transactions are conditional on both: (i) you presenting your own Interface Credentials; and (ii) Dapper presenting its corresponding Dapper Credentials.

11. Risk - Virtual Currencies / Tokens

You acknowledge and agree that there are inherent risks associated with Virtual Currency and Tokens, and that such risks extend to your use of the Services. These risks include but are not limited to the failure of hardware, software or internet connections, the risk of malicious software introduction and the risk of unauthorized access to your Account Credentials, Interface Credentials and your Dapper Interface. It is your responsibility to familiarize yourself with the risks involved with Virtual Currencies, their protocols and networks, and those related to Tokens. Use of the Dapper Interface does not remove these risks. You understand and agree that Dapper is not responsible for any communication failures, disruptions, errors, distortions or delays when using the Services, however they may be caused.

You acknowledge and agree that the value of Virtual Currencies and Tokens can change rapidly and without warning, increase or decrease unexpectedly, and may even fall to zero. Dapper Interface transactions can take time to be confirmed, and may in some cases not be completed. If you attempt to send or receive Virtual Currency or Tokens that are not supported by the Dapper Interface, the Virtual Currency or Tokens may be lost entirely and not be recoverable. In no event will Dapper be liable to you or to any third party for any of the foregoing.

If the Services post a dollar value in association with a given Virtual Currency or Token in your Dapper Interface, such posting shall not constitute a representation as to the actual or projected value of such assets. Instead, such posting constitutes Third Party Content published to the Site or Account for your general information only, and you should not rely on it for any financial decision. You agree that it is your responsibility to independently ascertain the value of your Virtual Currency and Tokens, if any, without relying on the Services. Under these Terms, Dapper is not offering to purchase or sell any Virtual Currency or Token from you or to you.

You understand and accept that there are also inherent risks associated with using any Virtual Currency network, including Approved Networks. These risks include but are not limited to unanticipated changes to the network protocol, or unknown vulnerabilities which may include or result in underlying technology attacks. Other possible changes may include forks or rollbacks of Virtual Currency, networks, or blockchains. Dapper has no control over any Approved Networks, and will not be responsible for any loss you suffer when you transact via any Approved Network.

12. Fees

Dapper does not currently charge fees for the Services. If Dapper decides, in its sole discretion, to charge fees for the Services, such fees shall apply, but users will be notified in advance and given the option of whether to continue using the Services before the fees are payable.

Dapper may make third party products or services available via the Site or otherwise through the Services. Such third parties may charge fees for their services. Dapper is not responsible for the fees charged by any such third parties.

13. Return Address

Applicable law, regulation or our Risk Policies may require us to confirm, from time to time, that you remain eligible to use the Services. With that in mind, if we ask you for it, you agree to provide us with an address on an Approved Network that: (i) you own and control; (ii) is not in the Dapper Interface; (iii) is not a blacklisted, dark-web-associated or high risk address, as determined by Dapper in its sole discretion; and (iv) meets the criteria of Dapper’s then-current Risk Policies (that address being, a “Return Address”). By providing a Return Address to us, you represent that you own and control it, that it meets all other criteria above, and that the Return Address is not associated with any Prohibited Use or anyone who is not permitted by Applicable Law to access or use the Services.

When we assess the eligibility of a given Return Address, we may directly, or through third parties, attempt to verify the information you have provided to help reduce the chances of you being a victim of fraud or other financial crime. We may require a waiting period before approving a given Return Address in order to make such verifications. You agree to provide such additional information as we may request to help us verify a Return Address, including but not limited to a test transaction from the Return Address.

The fact that we approve a given Return Address does not constitute a representation by Dapper that it is a safe address, or that we have confirmed the identity of the person or entity who actually controls such address. We will not be liable to you in any way for your selection or use of any Return Address.

From time to time, we may review your Return Address to confirm that it continues to meet the above criteria. If it does not, we reserve the right to remove that Return Address from your Account and require you to provide another Return Address that meets the above criteria in order to continue using the Services.

You can initiate a Dapper Interface transaction to a valid Return Address at any time. Transactions are discussed in the “Dapper Interface Transactions” section, above.

14. Relationship of the Parties

Nothing in these Terms is intended to nor shall create any partnership, joint venture, agency, consultancy or trusteeship relationship between the parties. You and Dapper are independent contractors for the purposes of these Terms. Each party shall be responsible for their respective expenses associated with performing under these Terms.

15. Continuity of Services

The Services may evolve over time. This means that Dapper may change, replace, or temporarily or permanently discontinue the Services or any part of them at any time for any reason, with or without notice to you or consent from you. In any of these scenarios, you may be prevented from accessing or using the Services. If Dapper, in its sole discretion, decides to permanently discontinue the Services, we will attempt to provide you with reasonable notice and the ability to withdraw Virtual Currency and Tokens from your Dapper Interface to a Return Address.

16. Intellectual Property Rights and License

Dapper and its licensors retain all right, title and interest (which include, without limitation, all copyright, trademark, patent, trade secrets and all other intellectual property rights anywhere in the world) in and to the Services, all components and aspects of the Services, and the content on our Services. For the purposes of the foregoing sentence, the Services shall be deemed to include the “Dapper Materials”, which means all information provided to you in the course of your use of the Services (excluding Interface Credentials), content posted to the Site or within the Services (excluding Interface Credentials), trademarks, service marks, designs, logos, slogans, URLs and trade names displayed on the Services.

Dapper grants you a personal, revocable, non-transferable, non-exclusive, limited, non-assignable and non-sublicensable right to access the Site-based Dapper Materials and to use the Services for lawful purposes pursuant to these Terms. You may not and shall not permit anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise extract the source code of the Services, or any part thereof. You may not resell, or comingle the Services or Dapper Materials with any third party service, other than as expressly permitted in these Terms. You may not engage in the distribution, public performance or public display of the Dapper Materials or Services, or at portion thereof, except in the course of ordinary Dapper Interface transactions. You may not use the Services or Dapper Materials other than for their intended purpose. No title to or ownership of any proprietary rights related to the Services or Dapper Materials are transferred to you pursuant to these Terms. Your right to use the Services and Dapper Materials ceases on any termination of these Terms.

Should you provide questions, comments, suggestions, ideas, original or creative material and/or feedback to Dapper about any part of the Services (collectively, “Feedback”), Dapper will own the exclusive rights, including all intellectual property rights, to such Feedback. Dapper will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Dapper reserves all rights not expressly granted herein.

17. User Content

As a user of the Services, you may be allowed to create, post, store or share content which may include messages, texts, photos, videos, software, usernames, profiles and other materials (collectively, “User Content”). You are solely responsible for any User Content that you provide or make available through the Service. Except for the license granted below, you retain all rights in and to your User Content (as between you and Dapper). Dapper will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any User Content. If we terminate or suspend your Account or your access to the Services, you may no longer have access to the User Content, and we will not be liable to you if that happens.

You hereby grant Dapper and its licensors, contractors and affiliates the right to use, modify, adapt, reproduce, distribute, transmit, translate, display and disclose User Content as reasonably necessary to provide and improve the Services, and as otherwise permitted by these Terms. You represent and warrant that you have the right to provide any User Content that you provide to us, and that your User Content does not infringe or misappropriate the intellectual property rights of any third party. You represent and warrant that you have the right to grant us this license and that Dapper’s storage, use, display, reproduction, distribution, modification, adaption or transmission of the User Content does not and will not violate these Terms, any intellectual property right, or any law or regulation, and does not and will not cause injury to any person or entity. You will be solely responsible for the nature, quality and accuracy of the User Content, and you will ensure such User Content complies with these Terms and any Applicable Law. You will maintain appropriate security, protection and backup copies of User Content. While we have no obligation to screen, edit or monitor User Content, we reserve the right to delete or remove any User Content at any time, for any reason, without notice or liability.

18. Third Party Content and Services

In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (collectively, “Third Party Content”). We do not control, endorse, or monitor any Third Party Content and have no responsibility for such Third Party Content or the providers of third party services, whether or not they are integrated with the Services. Your dealings with third parties are solely between you and the third parties. Where indicated by Dapper as available in your Account, the Services may also be able to integrate with certain third party services. Whenever you accept such integration with respect to your Account, you consent for Dapper to retrieve information from such third parties and add it to your Account, as well as to disclose information from your Account and provide it to such third parties. Dapper does not warrant as to the ability, capacity, or legality of any Third Party Content or any third party service in any way. Dapper shall have no liability for any Third Party Content, and Dapper will not be liable to you or to any third party for any loss or damage of any kind resulting from or incurred as a result of dealings you have with a third party (whether via the Services or otherwise). You understand that you use Third Party Content at your own risk, and under the terms and conditions between you and the provider of the Third Party Content, which are different and separate from these Terms.

19. Term and Termination

These Terms come into effect on the earlier of your first visit to the Site, the creation of an Account, or your first use of the Services.

You may close your Account at any time. Prior to closing your Account, you may be required to take certain actions to complete pending transactions, empty your Dapper Interface, or provide further information that Dapper may request.

You understand that closing your Account may not result in the deletion of information we hold about you. Closing your Account will not undo transactions which have already posted to an Approved Network. When you close your Account, you will no longer be able to use any Interface Address, your Account, or any of the Services.

You acknowledge and agree that Dapper reserves the right, in its sole discretion, to immediately suspend, freeze, or terminate your Account, your Dapper Interface, or your use of any part of the Services, at any time and for any reason, without liability to you.

20. Lost or Unclaimed Property is Lost Forever / Dapper Has No Ability to Escheat

If you lose your Interface Credentials and cannot recover them, the assets in your Dapper Interface will be locked there forever, and we will not be liable to you if that happens.

21. Prohibited Users

The Services are not available to everyone. We have mechanisms in place that allow us to block your access to the Services, and you understand and agree that we may do so at our sole discretion. You agree to comply with these Terms, even if Dapper’s methods to prevent your use of the Services are not effective or can be bypassed. You agree not to bypass or attempt to bypass any restrictions we emplace on your use of the Services.

You acknowledge and agree that you are responsible to comply with all applicable laws or regulations in your jurisdiction (“Applicable Laws”) that may relate to your use of the Services. If you are prohibited or restricted by Applicable Laws from accessing or using the Services or any part of them, you may not access or use the Services. We do not offer the Services to children. You need to be at least the age of majority in the jurisdiction where you reside in order to access or use the Services. If you are not of the age of majority in the jurisdiction where you reside, you may not access or use the Services. If you are a parent or guardian agreeing to these Terms on behalf of a child, then you agree to and accept full responsibility for that child’s access and use of the Services, including all financial charges and legal liability that the child may incur.

22. Prohibited Activities

You acknowledge and agree that you may not use the Services: (i) to facilitate any activity that is illegal in any jurisdiction where you are a national, domiciled or located; (ii) in a manner that may expose Dapper or any third party to security, financial or reputational risk, as determined by Dapper from time to time; (iii) for purposes other than that for which they were intended; (iv) as a wallet used to support a virtual currency exchange, virtual currency purchase or sale business or other virtual currency business or money services business; (v) in breach or contravention of any of our Risk Policies, as we may update them from time to time; or (v) in support of any of the prohibited activities that are listed in Section 39, below (the “Prohibited Activities”). You represent that you have the right to transact in each Virtual Currency or Token transaction carried out in your Dapper Interface, and that you are not carrying out any such transaction in violation of your legal obligations to any third party or Applicable Law.

23. Taxes

You are solely responsible for determining what taxes apply, if any, to your use of the Services. It is also your sole responsibility to report and remit the correct taxes to the correct authorities. For the sake of clarity, Dapper is solely responsible for taxes assessed against Dapper for its income, property and employees.

24. Force Majeure

Should a Force Majeure Event prevent Dapper, either in whole or in part, from complying with these Terms, then such delay shall not be deemed a breach of the Terms, and you may not claim loss or damage from us as a result. “Force Majeure Events” are any events that are beyond Dapper’s reasonable control and include, but are not limited to extraordinary weather conditions such as floods, hurricanes, earthquakes, acts of God, fire, war, riot, insurrection, accidents, actions of government, labor disputes, communications or power failures, or equipment or software malfunctions. Included in Force Majeure Events are network splits, forks, or other unexpected changes to a computer network upon which the Services rely.

25. INDEMNIFICATION AND LIMITATION OF LIABILITY

a. Indemnification

You will defend, indemnify and hold harmless Dapper, its parents, affiliates, licensors, suppliers, contractors and its and their respective shareholders, directors and officers, assigns, and successors-in-interest from and against any and all liabilities, damages, losses, claims, demands, actions, causes of action and costs (including, without limitation, attorneys’ fees and expenses) arising out of or resulting from: (i) your failure to comply with these Terms; (ii) your use of the Services, or any part of them; (iii) your alleged or actual negligent or willful acts or omissions, or those of your agents or employees; (iv) any taxes or other liabilities related to any product or service that you may provide or sell; (v) your operation of a business; (vi) any activity in or through your Account, your Dapper Interface, any Interface Address, or via your Account Credentials or Interface Credentials; (vii) any claim by any third party that relates to you; (viii) any costs that Dapper incurs in responding to a subpoena or other court order related to you or a third party with whom you have any relationship; (ix) any termination or suspension of your access to the Services; (x) any third party’s use of your Account or your Dapper Interface; and (xi) any Prohibited Activities that are attributable to you, your agents, or employees.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF DAPPER, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, LICENSORS, EMPLOYEES OR REPRESENTATIVES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, LOSS OF VIRTUAL CURRENCY, TOKENS OR USER CONTENT), HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE), EVEN IF ANY OF THE FOREGOING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF DAPPER, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES ARISING FROM OR RELATING TO THESE TERMS EXCEED ONE HUNDRED (100) CANADIAN DOLLARS.

Dapper will not be responsible or liable to you or to any third party for any loss, and takes no responsibility for damages or claims arising in whole or in part, directly or indirectly, from your misuse of the Services, including but not limited to: forgotten passwords, transaction construction errors, mistyped virtual currency addresses, server failure, data loss, corrupted or non-performing interfaces or their files, unauthorized access, unauthorized activities on the Services, or Approved Network outages, failures, or corruption.

The limitations of liability in this section will survive any termination or expiration of these Terms, and will survive and apply even if the limited remedies in these Terms are found to have failed their essential purpose.

Some jurisdictions do not allow certain warranty disclaimers or limitations of liability. Only the disclaimers or limitations that are lawful in the applicable jurisdiction will apply to you, and Dapper’s liability in all other cases will be limited to the maximum extent permitted by law.

26. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE LIMITS PERMITTED BY APPLICABLE LAW, DAPPER DISCLAIMS ALL WARRANTIES THAT THE SERVICES OR ANY PART OF THEM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA OR CONTENT WILL BE SECURE. DAPPER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DAPPER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY OR ERROR-FREE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE ON ANY WARRANTY OR REPRESENTATION OTHER THAN THOSE SET OUT IN THESE TERMS.

Dapper makes no warranty that the Services are free of viruses or errors, that any data or content used or provided is accurate, that defects in the Services will be corrected, or that communications to or from Dapper will be secure. Dapper is not responsible or liable to you or to any third party for any loss of any kind arising out of or related to actions taken in reliance on material or information that is contained on or through the Services.

Dapper does not represent or warrant that the Dapper Interface is or will be compatible with any particular network, Virtual Currency, or Token, nor does Dapper provide any legal opinion or make any representation or warranty of any kind related to the legal status of any particular network, Virtual Currency, or Token as electronic money, prepaid issuing, security or other status. You agree to look only to the issuers of the Virtual Currency or Supported Tokens for those legal opinions and comfort. Some Virtual Currencies, Tokens, or their issuers may be classified as illegal money services businesses, or unregistered securities issuers or exchanges. You are exclusively responsible for ascertaining the legal status and business logic, if any, associated with a given network, Virtual Currency, or Token.

27. Technical Support

We will use commercially reasonable efforts to supply email based technical support services, but cannot guarantee response times, especially during times of high volume. We do not guarantee resolution times.

28. Complaints

In the event that you have a complaint, please notify us in writing of the cause of your complaint, how you would like the complaint resolved, and any other relevant information. A member of the Dapper customer service team will consider your complaint without prejudice based on the information you have provided and any information we may have. Within a reasonable time of our receipt of your complaint, a Dapper customer service representative will (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. If for some reason we cannot resolve your complaint within a reasonable time, we will inform you of this and specify the new deadline for which we will try to respond to your complaint.

29. Language

These Terms and all communications, information or notifications provided by Dapper shall be in English. Should Dapper provide translations into another language, such translations shall be for your convenience only. In the case of any inconsistency between the translation and the English version of these Terms, Dapper Materials or other document, the English version shall prevail.

30. Amendments

Dapper may update these Terms from time to time, at its discretion. When we do so, we will make reasonable efforts to send you an email or notify you through your Account. If you don’t terminate your Account within thirty (30) days after we have provided you with notice of an update, you will be deemed to have accepted the updated version of the Terms. If we are legally required to update these Terms without giving you prior notice, then the update will apply as soon as we send notice of the update by email or through the Account.

31. No Waiver

If we delay or fail to enforce any provision of these Terms, it does not mean we waive any of our rights.

32. Severability

If any part of these Terms is found to be invalid or unenforceable, in part or in whole, the remaining portions of these Terms will remain in full force and effect. Any headings contained in these Terms are for informational purposes only.

33. Governing Law and Language

These Terms shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to principles of conflict of laws. The parties hereto agree that this agreement is drafted and executed in the English language. (In French:) Les parties aux présentes s'entendent pour que la présente convention soit rédigée en langue anglaise.

34. Venue; Arbitration

All disputes arising out of or in connection with these Terms or the Services or in respect of any legal relationship associated therewith or derived therefrom will be referred exclusively to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre (BCICAC) pursuant to its applicable Rules posted here: http://bcicac.com. The appointing authority will be the British Columbia International Commercial Arbitration Centre. There will be a single arbitrator who shall be a practicing B.C. lawyer in accordance with the applicable BCIAC rules. Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, Dapper will pay them for you. Arbitration will take place in the English language in Vancouver, British Columbia, Canada. You may choose to have the arbitration conducted by telephone, based on written submissions. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court. Notwithstanding the foregoing, Dapper may seek and obtain injunctive relief in any jurisdiction and in any court of competent jurisdiction for any actual or threatened breach of these Terms without the necessity of posting a bond, and you agree that these Terms are specifically enforceable by Dapper through injunctive relief and other equitable remedies without proof of monetary damages. The parties expressly waive their right to a jury trial and also waive their right to participate in a class action claim related to these Terms or any part of the Services.

35. Assignment

Dapper may assign any of its rights or obligations under these Terms without your consent and without prior notice to you. You may not assign or transfer any of your rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of Dapper, which may be withheld in Dapper’s sole discretion.

36. Entire Agreement

These Terms, and the preferences that you are offered and select in your Account, form the entire agreement between you and Dapper. These Terms supersede and replace any previous or contemporaneous versions, written or oral contracts, warranties, representations or understandings that are related to the subject matter contained in these Terms.

37. Contact Dapper

If you have any feedback, comments, complaints or questions other than technical support, you can contact us using the contact information on our Site. When contacting us, please be sure to provide us with your name, contact information and any other information we may need to identify you, your Dapper Account and any transaction on which you have questions, comments, or complaints.

38. Survival

The following provisions of these Terms shall survive termination or expiration for any reason: Sections 1, 3, 4, 10, 11, 14, 16, 17, 19 through 26, 29 through 36, 38, and 39.

39. Prohibited Activities

“Prohibited Activity” means the operation of or the direct or indirect facilitation of any of the following:

Dapper Interface Privacy Policy

Latest Update: April 29, 2019

Dapper prides itself on its relationship with its users. Dapper promises to protect the privacy of users as detailed in this privacy policy. The Dapper interface is a non-custodial service that helps users to receive, hold and transmit select virtual currencies and tokens (the “Dapper Interface”). The Dapper Interface is proprietary to Dapper Labs Inc., a British Columbia company having its registered address at #600-565 Great Northern Way, Vancouver, British Columbia, Canada, V5T 0H8 (referred to in this privacy policy as “Dapper”, “we”, “us”, or “our”).

This privacy policy (this “Policy”) outlines how Dapper collects, maintains, processes, uses, discloses and protects your personal information. Personal information is any information that directly or indirectly identifies you or by which your identity could be deduced. The personal information collected does not include Interface Credentials (as defined in the Terms of Use). Protecting your privacy is important to us, and our goal is to maintain your trust and confidence when we handle personal information about you.

This Policy will apply to you if you visit our website at www.meetdapper.com (the “Site”), create an account with us (an “Account”), register for, access or use a Dapper Interface, or when you otherwise do business or make contact with us (the Site, the Dapper Interface, and each of your Accounts are hereinafter collectively referred to as the “Dapper Services”.)

The Dapper Services are intended for use by persons who are at least the age of majority in the jurisdiction where they reside. By visiting our Site, or registering for, accessing or using any of the Dapper Services, you affirm (i) you are at least the age of majority in your place of residence, (ii) you have the legal capacity to consent to this Policy, and (iii) you agree to the terms of this Policy. If you do not agree to any part of this Policy, you should not use the Site or any of the Dapper Services.

Can Dapper initiate transactions?

Dapper cannot alone initiate transactions because we do not collect sufficient information that would enable us to initiate transactions on your Dapper Interface. The Dapper Interface does not utilize private keys the way a normal wallet does. We never collect or store private keys that are associated with the Dapper Interface, or with any part of your Interface Credentials. For more information see our Terms of Use.

What information do we collect?

Dapper collects data to enable us to operate the Dapper Services effectively, and to provide you with the best experience on the Site and with the Dapper Services. You provide some of this data to us directly, such as when you create an Account or otherwise register to use the Dapper Services, subscribe to a newsletter, respond to a survey, make an enquiry through our Site, contact us for support, or contact us as a prospective user, vendor, supplier, or consultant. We get some of your data by recording how you interact with our Site and the Dapper Services by, for example, using technologies like cookies. We also obtain and process data in the context of making the Dapper Services available to you.

You have choices about the data we collect. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to enable us to make the Dapper Services available to you, you may not be able to sign up for an Account or use the Dapper Services.

The data we collect depends on the context of your interactions with Dapper and the Dapper Services, and the choices you make (including your privacy settings). The personal information we or our third party partners collect about you may include: email address, name, username, mobile phone, date of birth, proof of identity (e.g., drivers’ license, passport, or gov’t issued ID), additional personal information (at the discretion of our Compliance Officer), device information, screen information, browser information, operating system information, IP address, location information, time zone, log information, button clicks, page views, account information, virtual currency wallet information (but excluding Interface Credentials, as outlined in our Terms of Use), virtual currency transaction information, and correspondence. We never collect or store any part of your Interface Credentials, including your private keys.

Why do we collect personal information, and what do we do with it?

We use the data we collect to operate our business, and to make the Dapper Services available to you. This includes using the data to improve the Dapper Services, and to personalize your experiences. We may also use the data to communicate with you to, among other things, inform you about your Account, provide security updates, and give you information about the Dapper Services. We may also use the data to manage your email subscriptions, improve the relevance and security of our Site, respond to user enquiries, send you periodic marketing communications about the Dapper Services, and improve the relevance of our advertising.

Examples of such uses include the following:

  • Establishing your identity through email verification
  • Facilitating your transactions
  • Facilitating the creation of your Dapper Interface address
  • Protecting you and other users and Dapper from error and fraud
  • Analyzing your use of the Dapper Services to help make the Dapper Service better for all users
  • Carrying out Dapper’s regular business activities related to the Dapper Services
  • Communicating with you regarding your Accounts and/or Dapper Interface(s)
  • Complying with legal and regulatory requirements
  • Responding to your inquiries
  • Providing the best possible user experience
  • Improving the Dapper Services
  • Providing you with technical support
  • Sending periodic emails to provide you with more details about the Dapper Services that we think you may want to be aware of
  • Inviting you to participate in contest, promotions, surveys, or other features of the Dapper Services
  • Communicating with you, and personalizing your experience with us
  • Enforcing our Terms of Use
How do we collect personal information?

We collect personal information directly from you, and we may receive certain personal information about you from third parties. We collect and update personal information throughout our relationship with you. The relationship begins the first time you visit our Site and continues through termination of your use of the Dapper Services. As such, personal information may be collected any time you visit the Site, set up an Account or Dapper Interface, use the Dapper Services, communicate with our customer service team, and any other time you communicate with us.

Each and every time you provide personal information to us though any means, you consent to the collection, use and disclosure of such information in accordance with this Policy. If you do not agree to the gathering of this information, you should not use Dapper’s Services or visit our Site.

Cookies; Pixels; Beacons

Dapper uses cookies - tiny data files placed on your device that contain a unique identifier that identify your browser. Cookies allow us to collect information about you as a user, to improve our platform, store preferences and settings, and help with sign-in. While you can manage cookies in your Account’s preferences setting, if you disable cookies you may not be able to use or access some or all of the Dapper Services.

Our web pages may contain electronic images known as web beacons (also called single-pixel gifs) that we use to help deliver cookies on our websites, and to count users who have visited those websites. We may also include web beacons in our promotional email messages or newsletters, to determine whether and when you open and act on them.

In addition to placing web beacons on our own websites, we sometimes work with other companies to place our web beacons on their websites or in their advertisements. This helps us to develop statistics on how often clicking on an advertisement on a Dapper website results in a purchase or other action on the advertiser's website.

Finally, the Dapper Services may contain web beacons or similar technologies from third-party analytics providers (like, for example, Google Analytics) that help us compile aggregated statistics about the effectiveness of our promotional campaigns or other operations. These technologies enable the analytics providers to set or read their own cookies or other identifiers on your device, through which they can collect information about your online activities across applications, websites or other products.

Consent

Consent for the collection, use and disclosure of personal information may be expressly given or implied. Your express consent, if required, may be given in writing, verbally or through electronic means. Implied consent is given by your actions, such as instances when you visit our Site or and as otherwise described herein.

Dapper can collect, use or disclose your personal information without your consent for legal, security or certain processing reasons as required by law to deter fraud and money-laundering, or for other legal purposes.

Your consent can be withdrawn by contacting support@meetdapper.com. If you do not notify us of the withdrawal of your consent, we will consider your consent to be ongoing. Should you withdraw consent, we may not be able to provide all or some of the Dapper Services to you and you are not permitted to access our Site.

How to Access and Control Your Personal Data

You can view, access, edit, delete, or request a copy of your personal data for many aspects of the Dapper Services via your Account settings. Within your user settings you can also make choices about Dapper’s collection and use of your data.

You can always choose whether you want to receive marketing communications from us. You can opt out from receiving marketing communications from us by using the opt-out link on the communication, or by visiting your Account settings or sending us an email at support@meetdapper.com.

Data Access. You can access your personal data in your Account settings.

Data Portability. You can request a copy of your personal data by submitting an email to us at support@meetdapper.com and including “Please send me a copy of my personal data” in the “Subject” line. Dapper will verify your ability to access that email, then send you a digital export of the data we hold that is associated with your email address. We will use reasonable efforts to respond to your request within 14 days, but in all events within 30 days of our receipt of the request. Dapper may be limited in its ability to send certain personal data to you.

Data Erasure. You can request that portions of your personal data be erased by submitting an email to us at support@meetdapper.com and including “Please delete my personal data” in the “Subject” line. Dapper will verify your ability to access that email, then use reasonable efforts to respond to your request within 14 days, but in all events within 30 days of our receipt of the request. Please be aware that we require certain information about you in order to make the Dapper Services available to you; this means that if you want to delete any of these critical pieces of personal data, you may be required to delete your entire Account and no longer be able to access the Dapper Services.

Data Correction. You can modify your personal data in your Account settings. Note that since some of the data we collect is specific to you – for example, your Interface address – you may not be able to modify this data without needing to create a new user profile.

Your Communications Preferences. You can choose whether you wish to receive marketing communications from us. If you receive marketing communications from us and would like to opt out, you can do so by following the directions in that communication. You can also make choices about your receipt of marketing communications by signing into your Account, and viewing and managing your communication permissions in your Account settings, where you can update contact information, manage your contact preferences, opt out of email subscriptions, and choose whether to share your contact information with Dapper and our partners. Alternatively, you can request that we withdraw consent to use your personal data by submitting an email to us at support@meetdapper.com and including “Please withdraw my consent for marketing communications” in the “Subject” line. Dapper will verify your ability to access that email, then update our systems to remove your email address from the system we use to send marketing communications. We will use reasonable efforts to respond to your request within 14 days, but in all events within 30 days of our receipt of the request. Please note that these choices do not apply to mandatory communications that are part of the Dapper Services, or to surveys or other informational communications that have their own unsubscribe method.

Data Retention

We may retain your personal information as long as you continue to use the Dapper Services, have an Account with us, or for as long as is necessary to fulfill the purposes outlined in this Policy. You can ask to close your Account by contacting us as described above, and we will delete your personal information on request.

We may, however, retain personal information for an additional period as is permitted or required under applicable laws, for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes.

We will retain your personal data for as long as necessary to make the Dapper Services available to you, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary for different types of data, actual retention periods can vary significantly.

How we share information and third-party servicers

We share your personal data with your consent, or as necessary to make the Dapper Services available to you. We also share your data with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security and integrity of the Dapper Services; and to protect our rights or our property.

Companies we have hired to provide cloud hosting services, off-site backups, and customer support may need access to personal data to provide those functions. In such cases, these companies are required to abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. If you would like to consult a list of our current vendors, or have questions or concerns about the vendors, feel free to contact us at support@meetdapper.com.

We may disclose your personal data as part of a corporate transaction such as a corporate sale, merger, reorganization, dissolution, or similar event.

Finally, we will access, transfer, disclose, and/or preserve personal data, when we have a good faith belief that doing so is necessary to:

1. comply with applicable law or respond to valid legal process, judicial orders, or subpoenas;

2. respond to requests from public or governmental authorities, including for national security or law enforcement purposes;

3. protect the vital interests of our users, customers, or other third parties (including, for example, to prevent spam or attempts to defraud users of our products, or to help prevent the loss of life or serious injury of anyone);

4. operate and maintain the security or integrity of the Dapper Services, including to prevent or stop an attack on our computer systems or networks;

5. protect the rights, interests or property of Dapper or third parties;

6. prevent or investigate possible wrongdoing in connection with the Dapper Services; or

7. enforce our Terms of Use.

We may use and share aggregated non-personal information with third parties for marketing, advertising, and analytics purposes.

We do not sell or trade your personal information to third parties.

Where we Store and Process Personal Data; International Transfers

Personal data collected by Dapper may be stored and processed in Canada or in any other country where Dapper or its affiliates, subsidiaries or service providers maintain facilities. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problem. We take steps to ensure that the data we collect is processed according to the provisions of this Policy, and the requirements of applicable law wherever the data is located.

We transfer personal data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we engage in such transfers, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections travel with your data. To learn more about the European Commission’s decisions on the adequacy of the protection of personal data in the countries where Dapper processes personal data, please visit: ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm

Protection and Security of Information

We make reasonable efforts to protect your personal information using appropriate physical, technological and organizational safeguards. No security is foolproof, and the Internet is an insecure medium. However, we work hard to protect you from unauthorized access, alteration, disclosure and destruction of your personal information collected and stored by us. As such, we have policies, procedures, guidelines and safeguards in place to ensure your personal information is protected. Only authorized employees of Dapper have access to your information, and these employees are required to keep the information confidential. Additionally, we periodically review our practices related to collection, storage and use of personal information and how such practices are utilized by our employees, contractors and agents to ensure high levels of protection.

Be aware that virtual currencies and digital assets are not necessarily truly anonymous. Generally, anyone can see the balance and transaction history of any public digital asset address. It may be possible to match your public digital asset address to other personal information about you and to identify you from a blockchain transaction. This is because, in some circumstances, personal information published on a blockchain (such as your digital asset address and IP address) can be correlated with personal information that we and others may have. This may be the case even if we, or they, were not involved in the blockchain transaction itself. Furthermore, by using data analysis techniques on a given blockchain, it may be possible to identify other personal information about you. You understand that we have no control over whether third parties utilize such techniques to identify you or obtain your personal information, and you agree that we will not be liable to you for any such activities. As part of our security, anti-fraud and/or identity verification and authentication checks, we may conduct such analysis to collect and process such personal information about you. You agree to allow us to perform such practices and understand that we do so.

How do we Ensure that our Processing Systems remain Confidential, Resilient, and Available?

We implement a variety of measures to ensure that our processing systems remain confidential, resilient, and available. Specifically, we have implemented processes to help ensure high availability, business continuity, and prompt disaster recovery. We commit to using third party services that maintain strong physical and logical access controls.

High Availability. Every part of the Dapper Services utilizes properly-provisioned, redundant servers (e.g., multiple load balancers, web servers, replica databases) in case of failure. The third parties we use take servers out of operation as part of regular maintenance, without impacting availability.

Business Continuity. We keep encrypted backups of data daily in multiple regions on Google Cloud Platform. In the rare case case of production data loss (i.e., primary data stores loss), we will restore organizational data from these backups.

Disaster Recovery. In the event of a region-wide outage, we will bring up a duplicate environment in a different Google Cloud Platform region. Our operations team has extensive experience performing full region migrations.

Physical Access Controls. The Dapper Services are hosted on Google Cloud Platform. These data centers feature a layered security model, including extensive safeguards such as custom-designed electronic access cards, alarms, vehicle access barriers, perimeter fencing, metal detectors, and biometrics. Dapper employees do not have physical access to these data centers, servers, network equipment, or storage.

Logical Access Controls. Dapper is the assigned administrator of its infrastructure on GCP, and only designated authorized Dapper operations team members have access to configure the infrastructure on an as-needed basis

Penetration Testing. We engage an independent, third-party agency to perform black box penetration testing on an annual basis. Information about security vulnerabilities that are successfully exploited through penetration testing is then used to set mitigation and remediation priorities.

Third Party Links

Dapper’s Site and the other elements of the Dapper Services may contain links to other sites. The owners of the linked sites are solely responsible for their privacy practices and content. Dapper is not responsible and does not endorse or control the content and privacy practices of third-party websites. Anytime you access a third-party website, you will be subject to the terms of their applicable privacy policies and should review them carefully.

Accessing and Keeping your Personal Information Accurate

We take reasonable and practical steps to ensure that your personal information is accurate with regards to the purpose for which it is used. It is your responsibility to provide accurate personal information about yourself. If any information that has been provided is no longer correct, it is your responsibility to contact us to update this information. Corrections can be made through your Dapper Account or by contacting us at support@meetdapper.com.

Subject to certain exceptions under applicable law, you may request access to the personal information that we hold about you in order to view, verify and correct such personal information by contacting us at support@meetdapper.com. When handing such requests, we will verify the identity of the requesting party through the same or similar methods that we use to verify a user’s email address upon Account creation to ensure that they are the person legally entitled to make the request. It is our policy to not charge for such requests, however, in the case that the requests become repetitive or unduly onerous, or there is request for copies of documents, a charge may apply. We will let you know at the time of the request if there will be a charge. Normally, such requests will be responded to within 30 days.

Changes to this Policy

Dapper reserves the right to amend this Policy from time to time. The most up to date version will be available on our Site with the most recent version’s date listed clearly at the top of the page. Changes are effective at the time we post them on the Site. While Dapper may make reasonable attempts to notify active Account and Dapper Interface holders when this Policy is updated, we nonetheless recommend that you consult this Policy each time you visit our Site or use any of the Dapper Services to be assured that you are familiar with the most current version of this Policy.

Questions, Concerns and Complaints

If you have questions, concerns or complaints regarding this Policy, the handling of your personal information or Dapper’s privacy or data protection practices, including but not limited to the use of any service providers outside of Canada, please contact support@meetdapper.com. We investigate all complaints and will generally respond within 30 days of receipt of your complaint. If we find a complaint to be justified, we will take all appropriate measures, including, as necessary, amending our policies and practices.

Please note that when you send us a message, you will be providing us with personal information, including your email address, name, and any other information provided in the message. In some cases, additional personal information may be needed in order to answer your questions, concerns or requests. Such information will be handled in accordance with this Policy.