Across - Investor Data Protection Notice

Information you provide to us. Personal information you may provide to us includes:

• Contact data, such as your first and last name and email address.
• Demographic data, such as your country of residence.
• Token exchange data, such as your ACX token holdings and your preferred exchange pathway.
• Know Your Customer (“KYC”)/Anti Money Laundering (“AML”) data, such as your residential address, your nationality, a copy of your government-issued ID, tax documents and identifiers, and other information as needed to comply with KYC/AML laws and regulations, if you choose to exchange your ACX token holdings for equity.

Third-party sources. We may combine personal information we receive from you with personal information of the kinds identified above that we obtain from other sources, such as our service providers and our KYC/AML vendors.

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Token exchange operations. We may use your personal information to facilitate your exchange of ACX token holdings to equity in accordance with your exchange pathway preference.

KYC/AML purposes. If you choose to exchange your ACX token holdings for equity, we may use your personal information to verify your identity and our ability to transact with you under KYC/AML laws and regulations.

Compliance and protection. We may use your personal information to:

• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, court orders, investigations or requests from government authorities;
• protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
• audit our internal processes for compliance with legal and contractual requirements or our internal policies;
• enforce the terms and conditions that govern the Service; and
• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

Data sharing in the context of corporate transactions, we may share certain personal information in the context of actual or prospective corporate transactions – for more information, see How we share your personal information, below.

We may share your personal information with the following parties and as otherwise described in this Investor Data Protection Notice, in other applicable notis, or at the time of collection.

Affiliates. In some cases, our corporate parent, affiliates, and subsidiaries, including but not limited to our vehicles Across SPV Cayman, LLC and Across SPV US, LLC, might have access to personal information.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting or internet service providers).

KYC/AML vendors. Third parties that perform identity verification and other related checks to verify our ability to transact with you.

Authorities and others. Law enforcement, government authorities, and private parties in litigation, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above.

Corporate transactions. We may disclose personal information in the context of actual or prospective business transactions (e.g., the sale, transfer or merger of all or part of our business, assets or shares, liquidation or reorganization). For example, we may need to share certain personal information with prospective counterparties and their advisers. We may disclose your personal information to an acquirer, successor, or assignee of AIH or a portion of our business assets as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

Exchange pathway selection. The exchange pathway you select may impact the personal information we collect about you. If you select exchange for equity, we may need to undergo KYC/AML processes to verify your identity and our ability to transact with you.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

We employ technical, organizational and physical safeguards that are designed to protect the personal information we collect. However, security risk is inherent in all Internet and information technologies, and we cannot guarantee the security of your personal information.

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country. Users outside the United States should read the information provided below about the transfer of personal information internationally.

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a minor from whom you believe we have collected personal information in a manner prohibited by law, or if information was provided on your behalf when you were under 18, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

The "Last Updated" legend at the top of this Investor Data Protection Notice indicates when this Investor Data Protection Notice was last revised. We reserve the right to modify this Investor Data Protection Notice at any time. We will notify you by updating the “Last Updated” date. Depending on the kind of change we make, we may also notify you directly or ask for your consent to the change. Any modifications to this Investor Data Protection Notice will be effective upon our posting the modified version or as otherwise indicated at the time of posting.

• Email: hello@across.to
• Website: exchange.across.to
• Address: 259 Bowery, New York, NY 10002

Where this Notice to International Users applies. The information provided in this “Notice to International Users” section applies only to individuals located outside the United States.

Personal information. References to “personal information” in this Investor Data Protection Notice should be understood to mean information about individuals from which they are either directly identified or can be identified.

Controller. Across Intermediate Holdings, Inc. is the controller in respect of the processing of your personal information covered by this Investor Data Protection Notice. See the How to contact us section above for our contact details.

In respect of each of the purposes for which we use your personal information, data protection laws of certain jurisdictions require us to ensure that we have a “legal basis” for that use.

Our legal bases for processing your personal information described in this Investor Data Protection Notice are listed below.

• Where we need to perform a contract, we are about to enter into or have entered into with you (“Contractual Necessity”).
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your personal information for is set out in the table below.
• Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
• Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).

We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your personal information – for more information on these Purposes and the data types involved, see How we use your personal information.

No Automated Decision-Making and Profiling. As part of the Service, we do not engage in automated decision-making and/or profiling, which produces legal or similarly significant effects.

General. You may request to exercise the rights listed below in relation to your personal information that we hold. We will respond to your request in accordance with applicable law. We may decline to honor your request where an exception applies. Please note that not all rights listed below may be afforded to all individuals and that if your local laws do not afford you these rights, you may not be able to exercise these rights.

• Access. Provide you with information about our processing of your personal information and give you access to your personal information.
• Correct. Update or correct inaccuracies in your personal information.
• Delete. Delete your personal information where there is no good reason for us continuing to process it - you also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• Restrict. Restrict the processing of your personal information, for example if you want us to establish its accuracy or the reason for processing it.
• Object. Object to our processing of your personal information where we are relying on Legitimate Interests – you also have the right to object where we are processing your personal information for direct marketing purposes.
• Withdraw Consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time.

Exercising These Rights. You may submit these requests to the email to or our postal address provided in the How to contact us section. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions.

Your Right to Lodge a Complaint with your Supervisory Authority. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you may be able to make a complaint to the data protection regulator in your habitual place of residence.

• For users in the Cayman Islands, the contact information for the Cayman data protection regulator is below:

• For users in the European Economic Area, the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en
• For users in the UK, the contact information for the UK data protection regulator is below:

We are a United States-based company, and many of our service providers, advisers, members of our corporate family, or other recipients of data are based in the United States. This means that, if you use the Service, your personal information will necessarily be accessed and processed in the United States. It may also be provided to recipients in other countries.

Where we share your personal information with third parties internationally, we try to ensure a similar degree of protection is afforded to it, such as through one of the following mechanisms:

• Transfers to territories with an adequacy decision. We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by a relevant government authority (as and where applicable) (from time to time).
• Transfers to territories without an adequacy decision.
  • We may transfer your personal information to countries or territories whose laws have not been deemed to provide such an adequate level of protection.
  • However, in these cases:
    • we may use specific appropriate safeguards, which are designed to give personal information effectively the same protection it has in its jurisdiction of origin – for example, standard-form contracts approved by relevant authorities for this purpose; or
    • in limited circumstances, we may rely on an exception, or “derogation,” which permits us to transfer your personal information to such country despite the absence of an “adequacy decision” or “appropriate safeguards” – for example, reliance on your explicit consent to that transfer.

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information internationally. You may have the right to receive a copy of the appropriate safeguards under which your personal information is transferred by contacting us as provided in the How to contact us section.