Privacy Policy

Effective date: 1st October 2023

1. Introduction

1.1 Overview of Privacy Policy
MS Profit Ltd, registry code 239972, address 103 Sham Peng Tong Plaza, Victoria, Mahe, Seychelles, a company incorporated under the laws of Republic of Seychelles, and its affiliated entities (collectively, "Max Swap," "we," "us," or "our"), collect, use, maintain, and disclose information collected from users (each, a "User") of the website ("Platform"). This Policy applies to the Platform and all products and services offered by MS Profit Ltd.
1.2 Importance of Privacy
MS Profit Ltd recognizes the paramount importance of privacy and is fully committed to preserving the privacy and security of the personal data collected from Users of our Platform. This Policy serves as a testament to our dedication to protecting your privacy, providing a clear and transparent explanation of our data processing practices.

2. Definitions

2.1 Definition of Key Terms
"Personal Data": Refers to any information relating 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.
Other defined terms are as stated elsewhere in this Policy or in the Terms and Conditions of MS Profit Ltd.

3. Scope of Policy

3.1 Applicability
This Policy applies to all Users of the Platform and extends to all instances where we may collect your personal data, whether through the Platform, email communications, or other related services provided by MS Profit Ltd.
3.2 Users Covered
This Policy covers all Users globally, irrespective of their country of residence.

4. Information Collection

4.1 Types of Information Collected
We may collect various types of information from Users including, but not limited to, personal identification information (such as names, email addresses, phone numbers), transaction information, and other information relevant to customer surveys, offers, or other features made available on the Platform.
4.2 Methods of Information Collection
Information may be collected during the process of account registration, transaction processing, or through other forms, email correspondence, or otherwise where Users voluntarily provide such information.

5. Use of Information

5.1 Purpose of Use
We may use the information collected from Users for various purposes including, but not limited to, providing our services, processing transactions, improving our Platform, sending periodic emails with updates or promotions, responding to inquiries, and for other purposes as disclosed at the point of collection or as required or permitted by law.
5.2 Legal Basis for Processing
The legal basis for processing personal data includes the necessity of such processing for the performance of our contractual obligations with Users, compliance with legal obligations, protection of vital interests, consent where applicable, and our legitimate business interests.

6. Information Sharing

6.1 Third-Party Sharing
We may share Users' personal data with third parties who provide services on our behalf such as payment processing, marketing, and other business-related functions. These third parties are authorized to use your personal data only as necessary to provide these services to us and are contractually obligated to keep your information confidential.
6.2 Legal Obligations
We may disclose Users' personal data if required to do so by law or in the good-faith belief that such action is necessary to comply with legal obligations, protect and defend the rights or property of MS Profit Ltd, or to protect the personal safety of Users of the Platform or the public.

7. User Rights

7.1 Access
Users have the right to access their personal data held by us, subject to certain exceptions provided by law. Users may request access to their personal data by contacting us using the contact information provided in this Policy.
7.2 Rectification and Erasure
Users have the right to request the rectification of inaccurate personal data concerning them, and to have incomplete personal data completed. Furthermore, Users have the right to request the erasure of personal data concerning them under certain conditions as stipulated by applicable data protection laws.

8. Consent

8.1 Obtaining Consent
Prior to collecting and processing personal data, MS Profit Ltd will obtain the User’s explicit consent, where required by applicable laws. Consent will be clearly requested, and Users have the option to either provide or withhold consent. The provision of certain personal data is a requirement for use of our services, and if such data is not provided, Users may not be able to use the full range of services offered by the Platform.
8.2 Withdrawal of Consent
Users have the right to withdraw their consent at any time. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. Instructions for withdrawing consent will be provided at the point of data collection and within relevant communications.

9. Data Retention

9.1 Retention Period
Personal data collected from Users will be retained only for as long as is necessary for the purposes for which the data is processed, as described in this Policy, or as required by applicable law, whichever is longer. The retention period for each category of personal data will be determined based on legal requirements and the necessity of that data for providing our services.
9.2 Deletion Policy
Upon the expiration of the data retention period or upon a User’s request for erasure, MS Profit Ltd will securely delete or anonymize the personal data, unless the retention of the data is necessary for legal reasons or for the establishment, exercise, or defense of legal claims.

10. Security Measures

10.1 Technical Measures
MS Profit Ltd employs robust technical measures to safeguard the personal data of Users against unauthorized access, alteration, disclosure, or destruction. These measures include, but are not limited to, encryption, firewalls, and secure socket layer (SSL) technology.
10.2 Organizational Measures
We have implemented organizational measures and internal policies to ensure that personal data is processed in a manner that ensures its security and confidentiality. Our personnel and third parties engaged for the processing of personal data are bound by confidentiality obligations.

11. International Data Transfers

11.1 Transfer Mechanisms
Personal data may be transferred to, and stored in, countries outside of the User’s country of residence, which may have different data protection laws. We use approved data transfer mechanisms to ensure the lawful transfer of personal data across borders.
11.2 Compliance with International Laws
MS Profit Ltd is committed to complying with all applicable laws and regulations governing international data transfers, including the provisions set forth by the General Data Protection Regulation (GDPR) for transfers to countries outside the European Economic Area.

12. Third-Party Services

12.1 Third-Party Links
The Platform may contain links to third-party websites or services which are not owned or controlled by MS Profit Ltd. We are not responsible for the privacy practices of these third parties, and we encourage Users to read the privacy policies of every website visited.
12.2 Third-Party Data Processing
We may engage third parties to process personal data on our behalf. Such third parties are required to process personal data in accordance with this Policy and applicable laws, under a written contract.

13. Children’s Privacy

13.1 Age Limitations
The Platform is not directed towards individuals under the age of 18. We do not knowingly collect personal data from individuals under 18 without obtaining parental or guardian consent.
13.2 Parental Control
Parents or guardians who believe that their child has provided personal data to us without their consent should contact us, and we will endeavor to delete that data from our databases.

14. Rights under GDPR

14.1 Rights of EU Citizens
Users who are residents of the European Economic Area have certain rights under the General Data Protection Regulation (GDPR), including the right to be informed, the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object, and rights in relation to automated decision making and profiling.
14.2 GDPR Compliance
MS Profit Ltd has taken steps to ensure compliance with the GDPR, including the appointment of a Data Protection O cer, implementing data protection impact assessments, and ensuring data processing agreements are in place with third parties who process personal data on our behalf.

15. Rights under CCPA

15.1 Rights of California Residents
Pursuant to the California Consumer Privacy Act (“CCPA”), residents of California have certain rights regarding their personal information. These rights include:
The right to know about the personal information collected, used, disclosed, or sold;
The right to request deletion of personal information;
The right to opt-out of the sale of personal information;
The right to non-discrimination for exercising CCPA rights.
15.2 CCPA Compliance
MS Profit Ltd has established procedures to comply with the CCPA, ensuring that California residents can exercise their rights under this law. Our practices include providing clear instructions on how California residents can submit requests to exercise their rights under the CCPA.

16. Notification of Changes

16.1 Policy Updates
MS Profit Ltd may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. If we do, we will update the “effective date” at the top of this Policy.
16.2 User Notification
We will notify Users of any changes to this Privacy Policy by posting the updated Policy on our Platform. We encourage Users to review this Policy periodically to stay informed about how we process their personal data.

17. Contact Information

17.1 Data Protection Officer
We have appointed a Data Protection Officer (DPO) to oversee our data protection practices. Users may contact our DPO for all matters related to this Privacy Policy and the processing of their personal data.
17.2 Contact Details
Users may contact us for any inquiries or complaints regarding this Privacy Policy or our data protection practices at our registered address or through the contact details provided on our Platform.

18. Dispute Resolution

18.1 Contacting MS Profit Ltd
We encourage Users to contact us should they have a dispute regarding the use of their personal information. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this Privacy Policy.
18.2 Formal Dispute Resolution
Should a dispute not be resolved through the channels mentioned above, formal dispute resolution mechanisms, including mediation and arbitration, may be employed.

19. Governing Law and Jurisdiction

19.1 Governing Law
This Privacy Policy shall be governed by the laws of Republic of Seychelles, without regard to its conflict of law principles.
19.2 Jurisdiction
Any disputes arising out of or relating to this Privacy Policy or our data protection practices will be resolved in the jurisdiction of Republic of Seychelles.

20. Miscellaneous Provisions

20.1 Severability
Should any provision of this Privacy Policy be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Privacy Policy and shall not affect the validity and enforceability of any remaining provisions.
20.2 Entire Agreement
This Privacy Policy, together with any amendments and any additional agreements you may enter into with MS Profit Ltd in connection with the Platform and our services, shall constitute the entire agreement between you and MS Profit Ltd concerning the Platform.