Data Policy

Personal data (usually referred to just as "data" below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the "GDPR"), "processing" refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:
I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing

I. Information about us as controllers of your data
The party responsible for this website (the "controller") for purposes of data protection law is:
Lendary (Asia) Capital Management Ltd
Email: team@lendary-asia.com

The controller data protection officer is:
Agost A. Makszin

II. The rights of users and data subjects
With regard to the data processing to be described in more detail below, users and data subjects have the right
to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).
In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing
Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Server data
For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.
The data thus collected will be temporarily stored, but not in association with any other of your data.
The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.
The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Order processing
The data you submit when ordering goods and/or services from us will have to be processed in order to fulfill your order. Please note that orders cannot be processed without providing this data.
The legal basis for this processing is Art. 6 Para. 1 lit. b) GDPR.
After your order has been completed, your personal data will be deleted, but only after the retention periods required by tax and commercial law.
In order to process your order, we will share your data with the shipping company responsible for delivery to the extent required to deliver your order and/or with the payment service provider to the extent required to process your payment.
The legal basis for the transfer of this data is Art. 6 Para. 1 lit. b) GDPR.

Customer account/registration
If you create a customer account with us via our website, we will use the data you entered during registration (e.g. your name, your address, or your email address) exclusively for services leading up to your potential placement of an order or entering some other contractual relationship with us, to fulfill such orders or contracts, and to provide customer care (e.g. to provide you with an overview of your previous orders or to be able to offer you a wishlist function). We also store your IP address and the date and time of your registration. This data will not be transferred to third parties.
During the registration process, your consent will be obtained for this processing of your data, with reference made to this privacy policy. The data collected by us will be used exclusively to provide your customer account.
If you give your consent to this processing, Art. 6 Para. 1 lit. a) GDPR is the legal basis for this processing.
If the opening of the customer account is also intended to lead to the initiation of a contractual relationship with us or to fulfill an existing contract with us, the legal basis for this processing is also Art. 6 Para. 1 lit. b) GDPR.
You may revoke your prior consent to the processing of your personal data at any time under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.
The data previously collected will then be deleted as soon as processing is no longer necessary. However, we must observe any retention periods required under tax and commercial law.
Data Protection Statement by Anwaltskanzlei Weiß & Partner

Matomo

We use on this website the software "Matomo" (www.matomo.org), a Service of the provider InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand. The software places a cookie (a text file) on your computer, with which your browser can be recognized. Are subpages of our website is called up, the following data is stored:

• the IP address of the user, shortened by the last two bytes (anonymised)
• the called subpage and time of the request
• the page from which the user reached our website (referrer)
• which browser with which plugins, which operating system and which screen resolution is used
• the time spent on the website
• the pages that are accessed from the called subpage

The data collected with Matomo will be stored on our own servers is saved. The data will not be passed on to third parties.

The legal basis, on which we through Matomo personal data is Art. 6 para. 1 lit. f of the DSGVO.

We need the data to analyze the surfing behavior of the users and Information on the use of the individual components of the website on received. This enables us to improve the website and its user-friendliness. to constantly optimize. In these purposes lies our legitimate interest pursuant to Art. 6 para. 1 lit. f DSGVO. By making the IP address, we take into account the interest of the users in the protection of personal data Data invoice. The data will never be used to identify the user of the website personally identifiable and will not be combined with other data merged. Translated with www.DeepL.com/Translator (free version)

The data is deleted when it is no longer required for our purposes.

Against the recording of the data in the manner described above, you can appeal in three different ways:

• You can completely prevent the storage of cookies in your browser. The however, this may mean that you may not be able to use some of the features of our website, which require identification of the user, and which are (shopping cart, orders, personal settings, etc.)
• You can activate the "Do-not-Track" setting in your browser. Our Matomo system is configured to use this setting respected.
• You can create an opt-out cookie with a mouse click below that is valid for two years. As a result, Matomo will not register your further visits. Please note, however, that the opt-out cookie will be deleted if you delete all cookies."

Terms of Service

Lendaryasia.com is a service provided by Lendary Asia Ltd. (hereinafter referred to as "provider"). The provider has developed a software and intends to grant the user the right to use the software temporarily for a performance-related fee.

The following conditions apply:

1. Description of the software
1.1 The software described below relates to the following context: Some trading platforms offer market participants the function of making their assets held on the platform available to other market participants for a certain period of time and thus earning interest income (so-called "margin funding"). Market participants use this margin funding and the assets made available at short notice to engage in leveraged trading or short selling within the exchange.
1.2 The functionality of the software described below refers to the machine-based provision of short-term funding in USD for the margin accounts just mentioned. By operating the software on a permanent basis, users can achieve the highest possible efficiency in the use of their capital by continuously reinvesting incoming interest income and striving to obtain the best possible rates. The software thus primarily serves the purpose of automating the margin funding process and does not perform any other functions, in particular no trading or investment transactions.
1.3 The software refers to the implementation of the discussed functionality on the trading platform "Bitfinex" (www.bitfinex.com).
1.4 The above-mentioned scope of functions of the software refers exclusively to trading with USD.

2. Operating requirements
2.1 An active API connection with the trading platform is required to operate the software.
2.2 For this purpose, the user must provide the provider with his API key and his API secret before the software is put into operation. The configuration of this API access shall be designed in such a way that the software can only access the action categories "Orders", "Margin Trading" and "Margin Funding", but never other asset transactions or even debits from the platform.
2.3 Furthermore, in order to use the software, the user is required to transfer an amount in USD of his own choice, which can be changed at any time, to his so-called "Funding Wallet" on the trading platform.

3. Use of the software
3.1 The provider grants the user the temporary use of the software.
3.2 The user shall always decide on activity or non-activity of the software by
a) effecting activation or deactivation by informally requesting the Provider or
b) making a change to the API information or transferring USD from his "Funding Wallet". In addition, the user decides by means of a control function provided for this purpose in his personal dashboard what amount of capital is to be made available at all at a given time.
3.3 Upon request of the user to activate the software, the provider shall also be obliged to maintain and further develop the software as long as the trading platform provides the basic functionality of API-based margin funding.
3.4 The provider reserves the right to further develop the software independently, to make it available to third parties, both in the sense of a user agreement and in the sense of a permanent transfer, provided that the use of the software within the scope of this agreement is not affected by this.

4. User fees
4.1 For the use of the software the user undertakes to pay 20% (plus value added tax) of all USD returns achieved during the use of the software in the "Funding Wallet" area on the trading platform.
4.2 The fees shall be settled after the end of each month on the basis of the sum of all daily distributed "Margin Funding Payments" in the user account, which are credited in USD and which will be virtually converted to EUR on a daily basis for the purpose of invoicing.
4.3 The usage fee shall be shown in EUR and automatically (charge to the stored payment method) billed on a monthly basis.
4.4 The usage fee can be lowered through participation in the affiliate program.

5. Termination
5.1 Both parties can terminate the contract at the end of each month.
5.2 The notice period is 20 days to the end of the month.
5.3 Notice of termination must be given in writing and can also be sent by email.

6. Provider guarantees and liability
6.1 The provider guarantees by way of an independent guarantee promise in accordance with § 311 BGB that he is the owner of the software, that he can freely dispose of it and that the software is not encumbered with rights of third parties which limit the (future) use of the software by the user in any way.
6.2 The provider is not liable for technically improper use of the software, nor for interventions or further developments by the user, nor for operational errors resulting from factors outside the provider sphere of influence, such as modifications to API information.
6.3 The provider shall not be liable for financial losses resulting from financial transactions made in connection with the operation of the software. This applies in particular to the safekeeping of the capital managed on the external trading platform "Bitfinex". Reference is made to the general terms and conditions of the trading platform (https://www.bitfinex.com/legal/terms). The provider is not liable for any of the risks associated with the use of the trading platform (such as account blocking, accessibility, access to capital, continued existence of the trading platform). Irrespective of the "margin funding" functionality described above, the provider has no other access to the capital deposited by the user with the platform, the safekeeping of which is the sole responsibility of the user.
6.4 The provider does not accept any warranty claim for any returns which the user wishes to achieve with the software. This refers in particular to the interest rates offered via the "Bitfinex" trading platform as well as to the basic provision of the "margin funding" functionality described above.
6.5 The provider does not provide any assessment or advice regarding the legal and regulatory situation within which the software is used. The legal clarification of the legal admissibility of the operation of the software in the respective context is the sole responsibility of the user.
6.6 The provider provides the user with an annual report on the interest income accrued as a download, in which the income is shown in both euros and dollars. The user can also use the report to prepare his tax return. However, this does not include any tax advice from the provider.

7. Data protection
7.1 In connection with the initiation, conclusion, handling and reversal of this contract, data is collected, stored and processed by the provider. This is done within the framework of the legal provisions. The provider does not pass on any of the user personal data to third parties, unless he is legally obliged to do so or the user has given his express prior consent. The provisions of the Federal Data Protection Act are always observed. In addition, Google Analytics collects data on the users server behaviour. This data is completely anonymous and only used for internal processing by the provider.

8. Final clauses
8.1 All legal declarations and other communications in connection with the implementation of these GTCs must be in writing, unless another form is prescribed by mandatory law. Transmission by letter or fax or, if the respective other party expressly confirms receipt, by e-mail shall be sufficient for the written form.
8.2 These GTCs are subject to German law with the exception of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
8.3 The place of jurisdiction for all disputes arising from and in connection with these GTCs is, to the extent permitted by law, the registered office of the user.
8.4 Should any provision of these GTCs be void, invalid or unenforceable in whole or in part, or be declared void, invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. The parties agree to replace the void, invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic intent and purpose of the void, invalid or unenforceable provision. This applies accordingly to unintentional gaps in these GTCs.