Privacy Policy

As a company based both in the USA and the UK, we are required to adhere to separate privacy standards, namely, the New Mexico Data Breach Notification Statute ("Section 57-12C-1") and the UKğ Data Protection Act which implements the General Data Protection Regulation ("GDPR"). Given that the Section 57-12C-1 requirements are enshrined in the GDPR, we have for the sake of consistency elected a üniversal approach and ensure the processing of your personal data in line with the GDPR across ali our business operations.

What is personal data?
Personal data' means any information reIating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data. an online identifier or to one or more factors specific to the physical, physiological. genetic. mental, economic, cultural or social identity of that natural person.

The Data Controller
The entity responsible for processing personal data is:

Blugency LLC
530-8 Harkle Road, STE 100,
Santa Fes NM 87505. USA

and

Blugency LTD
7 Beli Yard,
London WC2A 2JR, UK

Web: www.blugency.net
E-mail: legal@blugency.net

Each mandate is exclusively handled by one of the above-mentioned firms - depending on the geographical location area of the mandate.

This privacy policy applies to the joint Offer Of Blugency LLC and Blugency LTD (hereinafter " Blugency"), which can be accessed under www.blugency.net (hereinafter "our website").

General Principles

Blugency processes your personal data for the purpose of fulfilling our (pre-) contractual obligations towards our clients. in this context, we process, for example, information such as your name, age, address, telephone number, date of birth, e-mail address, IP address or user behavior on our website.

The processing of personal data (e.g., collection, retrieval, use, storage or transmission) always requires a legal basis or your consent.

Processed personal data Will be deleted as soon as the purpose of the processing has been achieved and there are no longer any legaliy required retention obligations.
if we process your personal data for the provision Of certain Offers or services, we Will inform you below about the specific procedures, the scope, and purpose Of the data processing, the legal basis for the processing, and the respective Storage period. For further details on data processing when using our services please refer to our Data Processing Addendum.

Data processing of users of our website

Log Files

When you access and use our website. we collect the personal data that your browser automatically transmits to our server, i.e„ every access to our website and every retrieval of a file stored on the website are logged. This information is temporarily stored in a so-called log file. When you use our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security:

● name of the website accessed
● name of the retrieved file
● date and time of the retrieval
● amount of data transferred
● message about successful retrieval
● browser type and version
● the user's operating system
● the website from which you accessed our site
● IP address and the requesting provider

We only use the log data for statistical evaluations for the purpose of the operation, security and optimization of the offer as well as for other administrative purposes. However, we reserve the right to check the log data retrospectively if there is a justified suspicion of unlawful use on the basis of concrete indications.

Art. 6 para. 1 lif. f GDPR serves as the legal basis for the aforementioned data processing. The processing of the aforementioned data is necessary for the provision of a website and thus serves to protect the legitimate interest of our company. in no case do we use the collected data for the purpose of drawing conclusions about your person.

As soon as the aforementioned data is no longer required to display the website, it is deleted. The collection Of data for the provision Of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to Object.

Contacting us (e-mail and other contact options on our website) We provide you with various options for contacting us. Ali information collected when contacting us (Name, e-mail address, telephone number, and the content of your message) is necessary at the time in order to prepare a reply to your message and to be able to perform our service for you.

The user's details are stored for the purpose of processing the inquiry and for arranging and preparing a response. in addition, the information that you provided to us additionaI data may be stored insofar as this is necessary to answer and further process your inquiry. if a mandate is subsequently issued, this data Will be transferred to your file. The provision is voluntary. We need the data in order to be able to answer your inquiry.

Art. 6 para. 1 lif. b GDPR serves as the legal basis for the aforementioned data processing. The processing of the aforementioned data is necessary for the implementation of pre-contractual measures, which are carried out at your request. If, in addition, your consent has been obtained, the processing of the personal data set out is based on Art. 6 para. 1 fit. a GDPR.
The duration of the storage of the above-mentioned data depends on the background of your contact. Your data Will be deleted regularly if the purpose of the communication no longer applies, and storage is no longer necessary.

Registration, Services, and Purchases

if you register on our website, we Will request personal data and, where applicable, non-personal data for example (Name and E-mail address) and information about you and Other information that you elect to provide and Other information that you choose to disclose in accordance with cur registration form.

We process personal data in relation to our services for specific purposes and the provision of our services. This may include but is not limited to the following: Your Full Name, Residential and Billing Address, Phone Number, Date of birth, TAX ID, SSN, OR iTiN if required. To make a purchase, you may need to provide a valid payment method (e.g., credit card). Your payment information Will be collected and processed by our authorized payment service provider Stripe. Please note we do not directly collect or store credit or debit card numbers in the ordinary course of processing transactions.

The legal basis for the processing of your data is Art. 6 para. 1 lit. b GDPR for the fulfillment of the service contract. For the fulfillment of legal obligations, the legal basis is Art. 6 para. lit. c GDPR. For operational purposes and ongoing business relationships with our clients, our legitimate interest in data processing is based on Art. 6 para. I lit. f GDPR. if you have given us your consent to process personal data relating to you for specific purposes, the legal basis is Art. 6 (1) lit a GDPR.

Where we are obliged to retain client files and depending on the specific statutory provisions this may require storage for up to ten years after completion of the assignment. in addition, we reserve the right to retain Client files and the data contained therein until the expiry of the maximum period of limitation, in order to defend against possible claims for damages.

Categories of data recipients and transfer to third countries

We only pass on your personal data to third parties if:

● you have given your express consent to this in accordance with Art. 6 para. 1 p. 1 lit. a GDPR; or

● if there is a legal obligation for the transfer according to Art. 6 para. 1 p. 1 lit. c GDPR, or

● this is legaliy permissible and necessary according to Art. 6 para. 1 p. 1 fit. b GDPR for the fulfillment of a contractual relationship, or for the implementation of pre-contractual measures after your request, or

● the disclosure is necessary in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR to protect legitimate business interests and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data.

the disclosure is necessary for the assertion, exercise, or defense of legal claims pursuant to Art. 6 para. 1 sentence 1 lif. f GDPR and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data. in particular, after you have given and recorded your consent to our privacy policy by ticking an appropriate box. we may disclose your personal data for the purposes of market research, information about products and services. and for advertising purposes. The transfer of data to third parties or our cooperation partners is exclusively for the purpose of carrying out advertising measures for our own products and services, as well as for measures that enable the performance of our services (e.g., obtaining offers for litigation financing). The consent given can, of course, be revoked at any time by contacting us.

in order to fulfill our contractual and legal obligations, your personal data could be disclosed to various public or internal bodies, as well as external service providers:

● IT service provider
● Web hosting service providers
● Service providers for file management
● Auditors, tax consultants, lawyers
● Certified Public Accountants
● Certified Accepted Agents
● Registered Agents, and other companies

in the following cases, we partially disclose your personal data to the aforementioned service providers:

Where appropriate, for the purposes described in the section "Prcxessing Purposes and Legal Basis", including disclosure within Blugency

● if we believe that such disclosure is appropriate to enforce or apply terms of engagement and other agreements or otherwise protect and defend the rights, property, or safety of Blugency
● to comply with any judicial proceeding, court order or other legal process, or to comply with any governmental or regulatory investigation, or
● with your consent.

As a matter of policy, we only work with third-party service providers who provide an appropriate level of privacy, security, and confidentiality and who comply with ali applicable legal requirements for the transfer of personal data outside the country in which it was originally collected.

Data security and security measures

We are committed to protecting your privacy and keeping your personal data confidential. To prevent manipulation or loss or misuse of your data stored with us, we take extensive technical and organizational security precautions, which are regularly reviewed and adapted to technological progress.

These include, among Other things, the use Of recognized encryption procedures (SSL). However, we would like to point Out that, due to the structure Of the internet, it is possible that the rules Of data protection and the above-mentioned security measures are not observed by Other persons or institutions outside our area Of responsibility. in particular, data disclosed unencrypted - e.g., if this is done by e-mail - can be read by third parties.

We have no technical inffuence on this. it is the user's responsibility to protect the data he or She provides against misuse by encrypting it or in any other way.

Where do we store your information?

The personal data we collect in our offices is stored on the servers of our data storage provider Amazon AWS. in addition, technical and organizational security measures are used to protect the personal data you have provided against accidental or intentional manipulation, los, destruction, or access by unauthorized persons.

Websites of other providers

On our website there are so-called hyperlinks to the websites Of Other providers. When you activate these hyperlinks, you Will be redirected from our website directly to the website of the Other provider. You Will recognize this by the change Of URL, among Other things.

We cannot accept any responsibility for the confidential handling of your data on these third-party websites, as we have no inffuence on whether these companies comply with data protection regulations. Please inform Yourself about the handling of your personal data by these companies directly on these websites.

Facebook Remarketing

Our site uses the Facebook pixel and Signals, also known as the "conversion pixel" or visitor action pixel, from Meta Platforms Inc, ("Facebook"). When you visit our site, your browser Ioads this pixel. As a result, Facebook can recognize whether a Facebook ad was successful, e.g., led to a certain interaction on our site. This data is provided to us by Facebook anonymously and without reference to a specific person. Using this statistical data, we can evaluate the effectiveness of Facebook ads and record them for market research purposes. The legal basis for the data processing is your consent pursuant to Art. 6 (1) lif. a GDPR.

Google Analytics

On our website we use Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about the use of this website by the users is usually sent to a Google server in the USA.

In the event that iP anonymization is activated on this website, however, Google Will shorten the user's IP address beforehand within member states Of the European Union and the UK. Only in exceptional cases Will the full iP address be transmitted to a Google server in the USA and shortened there. iP anonymization is active on this website.

The iP address transmifted by your browser as part of Google Analytics Will not be merged with other Google data. Users may refuse the use of cookies by selecting the appropriate settings on their browser, however, please note that if you do this you may not be able to use the full functionality of this website. The legal basis for the data processing is your consent pursuant to Art. 6 (1) lit. a GDPR.

Your rights in connection with data processing

You are entitled to the following Data Subject Rights:

● Right to Object to processing
You are entitled to Object to the processing Of your personal data in certain cases.

● Right of access
You have the right to be informed whether and, if so, to what extent we are processing your data.

Right of access
Subject to certain exceptions, you have the right to obtain confirmation as to whether or not we are processing your personal data. if this is the case you have a right of access to your data.

● Right to rectification
if the personal data we process is incomplete or inaccurate, you have the right to request that we complete or rectify the data at any time. if the personal data we process is incomplete or inaccurate, you have the right to request that the data be completed or corrected at any time.

● Right to erasure ("right to be forgotten")
Subject to certain exceptions, you have the right to request the erasure of all or some of your personal data if you consider that processing should cease. However. there may be reasons why immediate erasure is not possible (for example, where retention is required by legal or regulatory obIigations).

● Right to restrict processing
You are entitled to request us to restrict the processing of your personal data in certain cases:

o if you dispute the accuracy of your personal data, you may request that its processing be restricted while we verify its accuracy.

o if the processing of your personal data is deemed to be unlawful but you refuse to erase your personal data.

o if we no longer need the data for the purposes of its processing but you need it for the assertion, exercise or defense of legal claims.

o if you Object to our processing of your data on the basis of our legitimate interests.

● Right to data portability
You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or you can request that it be transferred to another controller.

● Right to complain
if you suspect that there may have been a data protection breach by Blugency, you can contact us at any time.

You also have the right to lodge a complaint with the competent data protection authority. As a rule, you can contact the supervisory authority of the federal State of your usual place of residence, your place of work, or our company headquarters for this purpose.

● Right to restriction of processing
You are entitled to request that we restrict the processing of your personal data in certain cases:

o if you dispute the accuracy of your personal data, you may request that its processing be restricted while we verify its accuracy.

o if the processing of your personal data is deemed to be unlawful but you refuse to erase your personal data.

o if we no longer need the data for the purposes of its processing but you need it for the assertion. exercise, or defense of legal claims.

o if you Object to our processing of your data on the basis of our legitimate interests.

● Right to withdraw your consent
if your personal data is processed on the basis of your consent, you have the right to withdraw your consent at any time. Withdrawing your consent Will not affect the lawfulness of the processing based on your consent until you withdraw it.

Miscellaneous and Closing

Section 57-12C-I Disclosure

It is in the nature of the internet that databases storing personal data may be breached inadvertently or through wrongful intrusion, we Will, upon becoming aware of a breach notify all affected individuals without undue delay, along with the required notices, actions taken by us, and remedies considered.

Automated Decision Making and Profiling

No automated decision making, and profiling takes place at Blugency.

Do Not Sell

We do not sell personal data

Children

We do not process or collect personal data of children.

Accuracy

Pease discloses ali relevant information necessary for us to provide services to you and ensure all information submitted to us is up-to- date, complete, and accurate.

Changes to this Privacy Policy

We reserve the right to change this privacy policy at any time in compliance with the applicable data protection regulations or any other change in the factual or legal situation. Therefore, please inform Yourself at the beginning of each use of our website about the privacy policy applicable at that time.

This Privacy Policy was last updated on Wednesday, October 19, 2022