Purpose and Scope

DB Cherry is a mobile digital wallet solution operated by Baer’s Crest (the Company). References to DB Cherry in these terms and conditions of use (Terms and Conditions) are to the mobile wallet solution and each related product and service, including but not limited to the software platform offered as part of DB Cherry enabling users to carry out payments and transfer funds.

These Terms and Conditions set out the contractual basis on which individual natural persons and certain merchants can access and use DB Cherry. BY USING THE DB CHERRY PLATFORM, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE PLATFORM.

If you are a merchant, your use of DB Cherry will be governed by the terms of the Merchant Agreement between you and the Company. If you are a small business merchant who has registered with DB Cherry without having been fully verified by the Company then, unless the context otherwise requires, these Terms and Conditions will also apply to your use of DB Cherry. These Terms and Conditions to do not apply to any other category of merchant. In the event of any conflict between the terms of any Merchant Agreement and these Terms and Conditions, the terms of the relevant Merchant Agreement shall prevail to the extent of the conflict.

Registered users of DB Cherry can link their debit or prepaid cards or Company accounts held with the Company or other financial institutions to their DB Cherry wallet. They may also use DB Cherry to pay bills under accounts held with certain merchants. These Terms and Conditions do not apply to the use or operation of any such cards or accounts.

For further information about how to register with DB Cherry and the services and functionality available with DB Cherry, please refer to the Frequently Asked Questions (FAQs). If there is any conflict or inconsistency between the provisions of these Terms and Conditions and the FAQs, the provisions of these Terms and Conditions shall prevail.

Eligibility

DB Cherry is available to download to persons aged 18 years and above who do not reside in any of the countries blocked by the Company and you warrant and represent that you meet these requirements. You may be required to share your ID with us as per our KYC requirements. For this purpose we may share this information with third parties as described in our Privacy Policy. You warrant and represent that all information you supply or make available to the Company is true, accurate, and not misleading.

You acknowledge that, whenever it deems such action necessary in its absolute discretion, the Company reserves the right to: decline to register you with DB Cherry; or Subject your registration with DB Cherry to any condition whether or not specified in these Terms and Conditions.

DB Cherry is part of Baer’s Crest (the Company). This privacy policy will explain how our organisation uses the personal data we collect from you when you use our website. What data do we collect? Any information which you send us via any other form on our website, such as surveys, contact form and more.

What data do we collect?

We collect any information you send us through forms on our website, such as surveys, contact forms, and more.

How do we collect your data?

You directly provide DB Cherry with most of the data we collect.

We collect data and process data when you:

• Register online or place an order for any of our products or services

• Voluntarily complete a customer survey or provide feedback on any of our posts or via email

• Use or view our website via your browser’s cookies

• Register for one of our events, voluntarily provide us with additional information during the event

DB Cherry may also receive your data indirectly from the following sources:

• Any social media which is public information or which you use to communicate with us and / or with our social media presence

How will we use your data?

DB Cherry collects your data so that we can:

• Process your order, manage your account

• Contact you with special offers on other products and services we think you might like

Sharing of personal information:

We may access, read, preserve, and disclose information when we believe it is reasonably necessary to comply with law, legal obligations, regulations, law enforcement, government, and other legal requests, court orders, or disclosure to tax authorities.

The Type of Information processed is Personal Identification Information, Institutional Information, Financial Information, Transactional Information, Browsing Information, Usage Data, Blockchain Data. We may share your Personal Information with third parties (including other DB Cherry entities) if we believe that sharing your Personal Information is in accordance with, or required by, any contractual relationship with you or us, applicable law, regulation or legal process. When sharing your Personal Information with other DB Cherry entities, we will use our best endeavours to ensure that such entities are either subject to this Privacy Notice, or follow practices at least as protective as those described in this Privacy Notice.

Third party service providers: We employ other companies and individuals to perform functions on our behalf. Examples include analysing data, providing marketing assistance, processing payments, transmitting content, and assessing and managing credit risk. These third-party service providers only have access to personal information needed to perform their functions but may not use it for other purposes. Further, they must process the personal information in accordance with our contractual agreements and only as permitted by applicable data protection laws.

Legal Authorities: We may be required by law or by Court to disclose certain information about you or any engagement we may have with you to relevant regulatory, law enforcement and/or other competent authorities. We will disclose information about you to legal authorities to the extent we are obliged to do so according to the law. We may also need to share your information in order to enforce or apply our legal rights or to prevent fraud.

Business transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the unlikely event that DB Cherry or substantially all of its assets are acquired by a third party, user information will be one of the transferred assets.

Protection of DB Cherry and others: We release accounts and other personal information when we believe release is appropriate to comply with the law or with our regulatory obligations; enforce or apply our Terms of Use and other agreements; or protect the rights, property or safety of DB Cherry, our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.

How we secure your info?

We design our systems with your security and privacy in mind. We have appropriate security measures in place to prevent your information being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We work to protect the security of your personal information during transmission and while stored by using encryption protocols and softwares. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personal information. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know.

Our security procedures mean that we may ask you to verify your identity to protect you against unauthorised access to your account. We recommend using a unique password for your DB Cherry account that is not utilized for other online accounts and to sign off when you finish using a shared computer.

Your data protection rights?

DB Cherry would like to make sure you are fully aware of all of your data protection rights. You are entitled to the following: The right to access – You have the right to request DB Cherry for copies of your personal data. We may charge you a small fee for this service. The right to rectification – You have the right to request that DB Cherry correct any information you believe is inaccurate. You also have the right to request DB Cherry complete information you believe is incomplete. The right to erasure – You have the right to request that DB Cherry erase your personal data, under certain conditions. The right to restrict processing – You have the right to request that DB Cherry restrict the processing of your personal data, under certain conditions. The right to object to processing – You have the right to object to DB Cherry’s processing of your personal data, under certain conditions. The right to data portability – You have the right to request that DB Cherry transfer the data that we have collected to another organization, or directly to you, under certain conditions. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: [email protected]

Marketing

DB Cherry would like to send you information about products and services of ours that we think you might like as well, as those of our partner companies which are part of the DB Cherry Group. If you have agreed to receive marketing, you may always opt out at a later date.

You have the right at any time to stop DB Cherry from contacting you for marketing purposes or giving your data to other members of the DB Cherry Group. If you no longer wish to be contacted for marketing purposes, you may always unsubscribe from one of the emails received by you.

What are cookies?

Cookies are text files placed on your computer to collect standard Internet log and visitor behavior information. When you visit our website, we may automatically collect data through cookies or similar technology. Learn more at allaboutcookies.org.

How do we use cookies?

DB Cherry uses cookies in a range of ways to improve your experience on our website, including:

• Keeping you signed in

• Understanding how you use our website

• Offering you information, products and services that pertain to your interests based on the cookies

What types of cookies do we use?

There are a number of different types of cookies, however, our website uses:

• Functionality – DB Cherry uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.

• Advertising – DB Cherry uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device and your IP address. DB Cherry sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

How to manage cookies?

You can set your browser to not accept cookies or remove them. Visit allaboutcookies.org for instructions. Note that some features may not function properly without cookies.

Privacy policies of other websites

DB Cherry website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

Changes to our privacy policy

DB Cherry keeps it privacy policy under regular review and places any updates on this web page.

How to contact us

If you have any questions about DB Cherry’s privacy policy, the data we hold on you or if you would like to exercise one of your data protection rights, please do not hesitate to contact us at [email protected]

Regulatory Hub

Baer’s Crest (Canada) Inc. Digital Era Ventures Ltd.