Updated June 28, 2022
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or otherwise anonymized.
Personal Information Collected Voluntarily Provided
Personal Information Automatically Collected
Whenever you use our Platform, we may collect non-identifying information from you, such as your IP address, interactions with the Platform, query information, location information, referring URL, browser, application interaction, mobile provider information, operating system, data usage, data transferred, and Internet Service Provider
This section explains how Surplus may share or use your personal information. You consent to our use of your personal information for the following purposes:
CONTRACT ADMINISTRATION - We may use your personal information to negotiate, execute, renew and/or manage a contract with you.
ACCESS AND COMMUNICATIONS TO OUR PLATFORM AND SERVICES - We may use your personal information to (1) set-up and manage your Surplus account; (2) interact with you through our Platform (e.g. software updates, Platform announcements, etc.): (3) to allow other users to contact and communicate with you; and/or (4) manage and respond to your questions (e.g. technical, commercial or administrative) or requests for maintenance and support.
USE OF THE PLATFORM - We may use your personal information to (1) enable you to enjoy the use of, and easily navigate the Platform; and/or (2) better understand your needs and interests.
SHARING WITH THIRD PARTIES - We may use your personal information to share with other users of the Platform; to share with our partner companies or future affiliates for research, marketing, and other purposes. We may also share your information with service providers with whom we contract with such as contractors, web hosts, data providers and others so that we may provide you with any services and allow you to access the Platform.
TRAINING & IMPROVEMENTS - We may use your personal information to (1) train our employees or contractors to allow for a better Platform experience; and/or (2) improve the Platform.
DIRECT MARKETING AND INQUIRIES - We may use your personal information to contact you for additional products and services that you may be interested in or to respond to an inquiry.
Accessing and Editing Your Information
When using our Platform you may be able to access and edit some of your personal information via the Platform dashboard. If at any time, you have any questions or wish to review, change, or edit any additional personal information collected by us, please contact us at email@example.com
Removal of Information
If you wish to have any of your personal information stored within the Surplus Platform removed, please contact us at firstname.lastname@example.org. Please be aware that removal requests are not processed instantaneously. There may be a reasonable delay in removing any personal information requested. Additionally, we will retain and use your personal information (even after a removal or deletion request), where required, so that we may fulfill our legal obligations, resolve disputes, and enforce our agreements.
Opting Out and Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via text and email where you have consented. However, you may opt out of any communications and you may opt out of certain personal information submission where applicable. If you wish to opt out of certain communications or information collection, please do so via the Platform dashboard.
Surplus shall have programmatic access to your Digital Wallet through the Platform in order for you to initiate transfers of Digital Assets held in your Digital Wallet at your sole direction and instruction. At any time, subject to outages, downtime, and other applicable policies, the Wyre User Terms, or this Agreement, you may transfer your Digital Assets to and from your Digital Wallet through your use of the Platform. You should verify all transaction information prior to submitting instructions to us. Surplus is not able to reverse any transfers and will not have any responsibility or liability if you have instructed Surplus to send Digital Asset to an address that is incorrect, improperly formatted, erroneous or intended for a different type of Digital Asset. Surplus reserves the right to refuse to process or to cancel any pending transfers as required by law, at our discretion, in response to a subpoena, court order, or other binding government order, or to enforce transaction limits. We cannot control the transaction time for any requested transfers and such transaction times depend on the Blockchain Technology with which we have no control over, we will not be liable for any transfer delays or mis-processing of Digital Assets through your Digital Wallet
We currently do not offer website functionality for you to opt out of any “do not track” signals or listings.
We make reasonable attempts to protect your information by using physical and electronic safeguards in accordance with industry standards. However, as our Platform is hosted electronically we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, robust passwords, firewalls, and other precautions to protect yourself from security and privacy threats.
Your California Privacy Rights
Transfer of Your Information
If you are not a citizen of the United States please be aware that your personal information shall be transferred and processed in the United States. Please be aware that US laws may not be as protective as the laws of your local jurisdiction.
Merger and Acquisition
In the event that Surplus is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your personal information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
If you have any additional questions, please contact us at email@example.com.
40. Force Majeure
You agree that we are not responsible to You for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. Any ambiguities shall be interpreted by its plain meaning. If two or more provisions of this Agreement or any other agreement You may have with Surplus are deemed to conflict with each other’s operation, You agree that Surplus shall have the sole right to elect which provision remains in force
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, content provisions, User representations and warranties, payment provisions, ownership provisions, warranty disclaimers, indemnity, dispute, arbitration, PAGA, class action waivers, prohibitions, representations and warranties, and limitations of liability.
You may not assign Your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. The parties are independent contractors and nothing in this Agreement implies a fiduciary, agency, or other special relationship.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email You. You may refuse to agree to the amendments, but if You do, You must immediately cease using our Platform.
46. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Surplus must be sent to our agent for notice to: firstname.lastname@example.org. California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
47. Export Controls
The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone in the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, You agree to the foregoing and You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list, and that You will otherwise comply with all applicable export control laws
48. Electronic Communications
The communications between You and Surplus use electronic means, whether You visit the Platform or send Surplus e-mails, or whether Surplus posts notices on the Platform or communicates with You via email. For contractual purposes, You (1) consent to receive communications from Surplus in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Surplus provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Your statutory rights. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. The prices of blockchain assets are extremely volatile.Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Crypto Assets will not lose money".