EZsmarts, an exempted company registered under the laws of the Estonia (”We”) are committed to protecting and respecting your privacy.
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you:
- Information you give us. This is information about you that you give us by filling in forms on the Website (https://EZsmarts.io) or by corresponding with us by phone, e-mail or otherwise. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph
- Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
- Information we receive from other sources. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) who may provide us information about you.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to comply with applicable laws and legislation;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to comply with applicable laws and legislation;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
You agree that we have the right to share your personal information with:
- Any member of our group, which means respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (“EZsmarts Team”).
- Selected third parties including business partners, suppliers, and sub-contractors for the performance of any contract we enter into with them or you;
We will disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
- If EZsmarts or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. You can also exercise the right at any time by contacting us at [email protected]
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
EZS SALE APPLICATION
- 1.I will keep confidential and will not disclose to third parties (other than my tax or other financial advisors under like conditions of confidentiality) any and all information regarding EZsmarts, a company, registered under the laws of Estonia, (“EZsmarts”) or EZsmarts OÜ (16355892), however, that this confidential treatment shall not apply to the tax treatment and tax structure of an acquisition of EZS tokens and all materials of any kind (including opinions or other tax analyses) that are provided to me relating to such tax treatment and tax structure.
- 1.Authorization and Indemnification
- 1.I hereby authorize and instruct EZsmarts to accept and execute any instructions given in relation to any EZS acquired for by me. I agree to keep each of them indemnified against any loss of any nature whatsoever arising to any of them as a result of any of them acting upon such instructions and they may each rely conclusively upon and shall incur no liability in respect of any action taken upon any notice, consent, request, instructions or other instrument believed in good faith to be genuine or to be signed by properly authorized persons.
- 2.I indemnify and hold harmless each of EZsmarts against any loss of any nature whatsoever arising to any of them as a result of any of them acting upon instructions given in relation to any EZS token purchased by me.
- 3.I indemnify and hold harmless EZsmarts and their respective directors, members, partners, shareholders, officers, employees, agents, and affiliates (collectively, the Indemnified Parties) from and against any and all losses, liabilities, damages, penalties, costs, fees and expenses (including legal fees and disbursements) that may result, directly or indirectly, from any inaccuracy in or breach of any representation, warranty, covenant or Application set forth in this Application or in any other document I deliver to EZsmarts, or from my assertion of my proper authorization to act.
- 4.I indemnify and hold harmless EZsmarts and each of its agents and delegates and each of their respective principals, members, managers, officers, directors, stockholders, employees, and agents (each a FATCA Indemnified Party) and hold them harmless from and against any withholding and any FATCA (or other withholding or information reporting) related liability, action, proceeding, claim, demand, costs, damages, expenses (including legal expenses) penalties or taxes whatsoever which a FATCA Indemnified Party may suffer or incur as a result of any action or inaction on my part (or on the part of any person related to me). This indemnification shall survive my death or the disposition of my EZS token(s).
- 5.I indemnify and hold harmless the EZsmarts against any loss arising as a result of a delay or failure to process this application or a redemption request if I have failed to provide such evidence as is required by such parties to satisfy applicable anti-money laundering rules.
- 6.I understand, acknowledge and agree that:
a) any Indemnified Party, FATCA Indemnified Party or other identifiable person who is not a party to this Application may enforce any rights granted to it pursuant to this Application in its own right as if it was a party to this Application. Except as expressly provided in the foregoing sentence, a person who is not a party to this Application shall not have any rights under the Contracts (Rights of Third Parties) Law, 2014 (as amended) to enforce any term of this Application. Notwithstanding any term of this Application, the consent of or notice to any person who is not a party to this Application shall not be required for any termination, rescission or Application to any variation, waiver, assignment, novation, release or settlement under this Application at any time;
b) EZsmarts may rely conclusively upon and shall incur no liability in respect of any action taken upon any notice, consent, request, instructions or other instrument believed in good faith to be genuine, howsoever given; and
c) EZsmarts will protect and indemnify its agents, delegates, service providers, officers, directors and other representatives against liability.
I understand, acknowledge and agree as follows:
- 1.Terms not defined herein will be as defined in the White Paper and Terms and Conditions (collectively, the Token Sale Terms) located at https://EZsmarts.io (the Website).
- 2.References to Token Sale Terms and the Articles are to those documents as they may be amended from time to time.
White Paper and/or Terms and Conditions
- 1.I have received and reviewed: (i) the Token Sale Terms and have taken appropriate legal and tax advice with respect to the same.
- 2.I understand that EZS tokens do not represent nor do they entitle the holder, in any way whatever, to
- 2.Depository Account;
- 3.Custodial Account;
- 4.Cash Value Insurance Contract;
- 5.Annuity Contract; or
- 6.Equity and/or Debt Interest in EZsmarts;
- 7.as such terms are defined in the Tax Information Authority (International Tax Compliance) (Common Reporting Standard) Regulations, 2015, BTLG1-8265751-5.
Terms of Tokens
- 1.EZS tokens are held subject to the terms and conditions of the Token Sale Terms and this Application (this Application).
- 2.No certificate will be issued to in relation to my EZS tokens and my personal EZS token holding will not be reflected, recognized or recorded in any account or ledger maintained by EZsmarts.
Acquisition and Reversion
- 1.I understand that Acquisitions and Reversions will be processed by EZsmarts as per its Token Sale Terms. For the purposes of this Application, a "Reversion" means a transaction directly between EZsmarts and you whereby EZS token registered on your public key revert back to a public key owned or controlled by EZsmarts or its affiliates in accordance with the Terms and Conditions.
- 2.I understand that, prior to any purchase of EZS tokens, I must pay Fiat or Digital Currency (Contributed Amount) to EZsmarts in accordance with the Token Sale Terms to the cryptocurrency address indicated by EZsmarts.
- 3.Upon acceptance of my request to buy EZS tokens, the Contributed Amount will be converted for EZS tokens in accordance with the Token Sale Terms.
- 1.EZsmarts (and/or its delegate) may request such evidence as is necessary to verify the identity and source of funds of a prospective token purchaser and to confirm the AML status of any redeeming EZS token holder.
- 2.If, as a result of any information or other matter which comes to his attention, any person knows or suspects or has reasonable grounds for knowing or suspecting that another person is engaged in criminal conduct or is involved with terrorism or terrorist property and the information for that knowledge or suspicion came to their attention in the course of business in the regulated sector, or other trade, profession, business or employment, the person will be required to report such knowledge or suspicion to: (i) the Financial Reporting Authority of the Estonia, pursuant to the Proceeds of Crime Law (Revised) of the Estonia if the disclosure relates to criminal conduct or money laundering; or (ii) a police constable not below the rank of inspector, or the Financial Reporting Authority, pursuant to the Terrorism Law (Revised) of the EStonia, if the disclosure relates to involvement with terrorism or terrorist financing and property. Such a report shall not be treated as a breach of confidence or of any restriction upon the disclosure of information imposed by any enactment or otherwise.
- 3.EZsmarts prohibits acceptance of funds by any persons or entities that are acting, directly or indirectly: (i) in contravention of any U.S. or international laws and regulations, including anti-money laundering regulations or conventions; (ii) on behalf of terrorists or terrorist organizations, including those persons or entities that are included on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Treasury Department’s Office of Foreign Assets Control  (“OFAC”), as such list may be amended from time to time; (iii) for a senior foreign political  figure, any member of a senior foreign political figure’s immediate family or any close associate of a senior foreign political, unless the EZsmarts, after being specifically notified in writing that the Purchaser is such a person, conducts further due diligence, and determines that such acquisition shall be permitted; or (iv) for a foreign shell bank  (such persons or entities in (i) – (iv) are collectively referred to as “Prohibited Persons”).
Tax Information Exchange Obligations
- 1.I acknowledge that EZsmarts may be subject to certain obligations (the Tax Information Exchange Obligations) to gather and disclose to the competent authorities information relating to purchasers of EZS token under: (i) the United States Foreign Account Tax Compliance Act provisions enacted under the United States Hiring Incentives to Restore Employment Act and any guidance, or regulations relating thereto (FATCA); (ii) any other legislation, regulations or guidance enacted in any jurisdiction which seeks to implement similar tax reporting, tax information exchange, reporting and/or withholding tax regimes (including the OECD Common Reporting Standard on the automatic exchange of financial account information); (iii) any intergovernmental Application between the Estonia and the U.S., the U.K. or any other jurisdiction (including any government bodies in any other such jurisdiction), entered into, in order to comply with, facilitate, supplement or implement the legislation, regulations or guidance described in (i) and (ii), including the OECD Multilateral Competent Authority Application; and (iv) any legislation, regulations or guidance in the Estonia that give effect to the foregoing.
- 2.I shall execute properly and provide to EZsmarts in a timely manner any documentation or other information that EZsmarts or its agents may request in writing from time to time in connection with the Tax Information Obligations. I waive any provision under the laws and regulations of any jurisdiction that would, absent a waiver, prevent or inhibit EZsmarts's compliance with applicable law as described in this paragraph, including but not limited to by preventing either (i) the Purchaser from providing any requested information or documentation, or (ii) the disclosure by EZsmarts and its agents of the provided information or documentation to applicable regulatory authorities.
- 3.Without limitation, I shall provide any documentation or other information regarding myself and my beneficial owners requested by EZsmarts or its agents in connection with the Tax Information Exchange Obligations.
- 4.If I provide information and/or documentation that is in anyway misleading, or I fail to provide EZsmarts or its agents or delegates with the information and documentation that has been requested, (whether or not such action or inaction leads to compliance failures by EZsmarts, or a risk of EZsmarts or its token holders being subject to withholding tax or other penalties), EZsmarts reserves the right:
- 1.to take any action and/or pursue all remedies at EZsmarts's disposal including, without limitation, compulsory Reversion of my EZS tokens in full or in part; and
- 2.to hold back from any Reversion proceeds in respect of the Tokens so reverted, any liabilities, costs, expenses or taxes arising (directly or indirectly) from such action or inaction.
Further, I shall have no claim against EZsmarts or either of their agents or delegates, for any form of damages or liability as a result of actions taken or remedies pursued by or on behalf of EZsmarts in order to comply with the Tax Information Exchange Obligations.
Electronic Delivery of Reports and Other Communications.
- 1.I accept that such electronic communications are not secure and may contain computer viruses or other defects, may not be accurately replicated on other systems, or may be intercepted, deleted or interfered with or without the knowledge of the sender or the intended recipient. EZsmarts and Smart Contract Supporter make no warranties in relation to these matters. Each of EZsmarts and Smart Contract Supporter reserve the right to intercept, monitor, and retain e-mail messages to and from their systems as permitted by applicable law. If I have any doubts about the authenticity of an electronic communication purportedly sent by EZsmarts I am required to contact the purported sender immediately. EZsmarts's acceptance of my EZS token purchase is not conditioned on my giving consent to electronic delivery of EZsmarts related information. If I do not have reliable access to the internet or e-mail, I shall not acquire Tokens. I shall not be entitled to receive any information from EZsmarts in paper format.
- 1.Representations and Warranties
In consideration of the EZsmarts's acceptance of my offer to purchase EZS tokens and recognizing its reliance thereon, I agree, represent, and warrant to EZsmarts that:
- 1.I am fully in compliance with the Token Sale Terms.
- 2.I am acquiring the EZS tokens solely for my own account and not as nominee or custodian for another person or entity.
- 1.I am not:
- 1.acquiring EZS tokens as nominee or custodian for another person or entity 
- 2.acting on behalf of a trust which has any beneficiaries or trustees
- 3.engage (except as specifically authorized by the EZsmarts) and will not engage in any activity relating to the sale of the EZS tokens in the Restricted Territory; Capacity and experience
- 4.I am responsible for the decision to acquire EZS tokens and I have legal competence and capacity to execute this Application.
- 5.I have the knowledge, expertise, and experience in financial matters to evaluate the risks of acquiring EZS token, I am aware of the risks inherent in acquiring and the method by which the assets of the EZsmarts are held and/or traded and I can bear the risk of loss of my entire token acquisition.
- 6.I am qualified and authorized to make such acquisition decision and, to the extent deemed necessary, I have consulted my own advisors and legal counsel regarding acquisition of EZS tokens. In making the decision to acquire EZS tokens, I have not relied on any advice or recommendation from the EZsmarts nor any placement agent associated with the EZsmarts, or any of their affiliates.
- 7.To the extent that I am acting on behalf of an entity, I have the full power and authority under such entity's governing instruments to do so and that entity has the full power and authority under its governing instruments to acquire EZS tokens. Binding Application and extent of representations and warranties
- 8.This Application constitutes a valid and binding Application and is enforceable against me in accordance with its terms.
- 10.I am not, nor is any person or entity controlling, controlled by or under common control with me, a Prohibited Person, (ii) the funds paid for EZS tokens on my own behalf of any of my beneficial owner(s), were not and are not derived from activities that may contravene any U.S. or international laws and regulations, including anti-money laundering laws and regulations and (iii) to the extent I have any beneficial owners, (A) I have carried out thorough due diligence to establish the identities of such beneficial owners, (B) based on such due diligence, the I reasonably believe that no such beneficial owners are Prohibited Persons, (C) I hold the evidence of such identities and status and will maintain all such evidence for at least five years from the date of my complete redemption from EZsmarts, and (D) I will make available such information and any additional information that EZsmarts may require upon request in accordance with applicable regulations. If any of the representations, warranties or covenants in this section cease to be true or if EZsmarts no longer reasonably believes that it has satisfactory evidence as to their truth, notwithstanding any other agreement to the contrary, EZsmarts may, in accordance with applicable regulations, be obligated to freeze my token rights, either by prohibiting additional acquisition, declining or suspending any redemption requests, or my EZS may immediately be involuntarily redeemed by EZsmarts, and EZsmarts may also be required to report such action and to disclose my identity to OFAC or other authority. In the event that EZsmarts is required to take any of the foregoing actions, I understand and agree that it shall have no claim against EZsmarts and its respective affiliates, directors, members, partners, shareholders, officers, employees and agents for any form of damages as a result of any of the aforementioned actions.
- 11.Having reviewed the Token Sale Terms, I hereby agree with EZsmarts, subject to EZsmarts's provisional acceptance, to acquire for as many of the EZS tokens as the Contributed Amount shall purchase.