Terms of Use (Apex Track.Racing):

1. Acceptance of Terms

Welcome to Apex Track.Racing. By accessing or using our platform, you agree to be bound by these Terms of Use ("Terms"). If you disagree with any part of these Terms, you may not use our platform.

2. Description of Services

Apex Track.Racing provides a platform facilitating fractional ownership of race cars. We connect investors with opportunities to own a share of a professionally managed race car. We are not a financial institution and do not offer investment advice.

3. User Accounts

You must create an account to participate in Apex Track.Racing offerings. You are responsible for maintaining the confidentiality of your account credentials and providing accurate information. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Investor Terms

You acknowledge that fractional race car ownership carries inherent risks, including potential loss of investment.
You are responsible for conducting your own due diligence before investing.
Apex Track.Racing is not responsible for any disputes between investors and race car management teams.
Review offering documents carefully for details on ownership structure, fees, potential returns, and risk factors.

5. Intellectual Property

Apex Track.Racing owns all intellectual property rights to the platform and its content. Users retain ownership of any content they contribute, subject to a non-exclusive license granted to Apex Track.Racing for promotional purposes.

6. User Conduct

You agree not to use Apex Track.Racing for any illegal or harmful activities, including posting offensive content or engaging in fraudulent practices.

7. Disclaimers and Limitations of Liability

Apex Track.Racing provides the platform "as is" and "as available," without any warranties. We are not liable for any damages arising from your use of the platform.

8. Indemnification

You agree to indemnify and hold Apex Track.Racing harmless from any claims arising from your use of the platform.

9. Dispute Resolution

These Terms are governed by the laws of Luxembourg. Disputes will be resolved through [Specify Dispute Resolution Method, e.g., arbitration in Luxembourg].

10. Modifications to Terms

Apex Track.Racing may modify these Terms at any time, providing notice of material changes.

11. Termination

Apex Track.Racing may terminate your account for violations of these Terms.

12. Privacy Policy

Refer to our Privacy Policy for details on how we collect and use your personal data.

13. Contact Information

GDPR Data Privacy (Apex Track.Racing):

1. Data Controller

Apex Track.Racing Aethos Holding SA, located at 24 rue Saint Mathieu Luxembourg, the data controller is responsible for processing your personal data. Contact our Data Protection Officer at contact@apextrack.racing.

2. Personal Data We Collect

Account Information: Name, email, username, password, contact details.
Identification Data: Copies of government-issued IDs, proof of address (for KYC/AML compliance).
Financial Information: Payment details, transaction history, bank account information.
Investment Data: Information on your investment preferences and portfolio.
Communication Data: Records of communication between users and Apex Track.Racing.
Technical Data: IP address, browser type, device information, cookies.
Marketing Data: Preferences for receiving marketing communications.

3. Legal Basis for Processing

Contractual Necessity: To provide our services and fulfill our contractual obligations.
Legal Obligation: To comply with applicable laws and regulations (e.g., AML/KYC).
Consent: For marketing communications and certain data processing activities.
Legitimate Interests: To improve our services, prevent fraud, and ensure security.

4. Purposes of Processing

To create and manage user accounts.
To facilitate fractional ownership transactions.
To verify user identity and comply with AML/KYC requirements.
To communicate with users and provide customer support.
To improve our platform and develop new features.
To send marketing communications (with consent).
To prevent fraud and ensure security.
To comply with legal obligations.

5. Data Sharing

We may share your personal data with:

Payment processors and financial institutions.
Service providers who assist us with our operations (e.g., hosting, analytics).
National competent authorities (for legal compliance).
Race car management teams (for investor information, when applicable).

6. Data Transfers to Third Countries

If we transfer your personal data outside the EEA, we will implement appropriate safeguards, such as Standard Contractual Clauses.

7. Data Retention

We retain your personal data as long as necessary to fulfill the purposes for which it was collected and as required by applicable laws.

8. Your Rights

You have the following rights under GDPR:

Right to Access, Right to Rectification, Right to Erasure (Right to be Forgotten), Right to Restriction of Processing, Right to Data Portability, Right to Object, Right to Withdraw Consent, Right to lodge a complaint with a supervisory authority.

9. Cookies and Tracking Technologies

We use cookies and similar tracking technologies. Refer to our Cookie Policy for more information.

10. Security Measures

We implement appropriate technical and organizational measures to protect your personal data.

11. Changes to this Privacy Policy

We may update this Privacy Policy from time to time, notifying you of material changes.

12. Contact Information

Investor Protection (Apex Track.Racing):

Apex Track.Racing prioritizes investor protection. We comply with Regulation (EU) 2020/1503 and implement measures to safeguard your interests:

Due Diligence: We conduct thorough due diligence on race car management teams and investment opportunities.
Transparency: We provide comprehensive information about investment terms, risks, and potential returns.
Risk Warnings: We clearly display risk warnings, emphasizing the potential for investment loss.
KYC/AML Compliance: We adhere to Know Your Customer and Anti-Money Laundering regulations to prevent fraud.
Secure Platform: We maintain a secure platform to protect your personal and financial information.
Complaint Handling: We have a clear process for addressing investor complaints and disputes.

Investing in fractional race car ownership carries inherent risks. Apex Track.Racing empowers you to make informed decisions by providing transparent information and a secure platform.

Risk Warnings (Apex Track.Racing):

Investing in fractional race car ownership involves risks, including potential loss of investment. Race car performance and market values can fluctuate. Conduct thorough due diligence and understand the risks before investing. Apex Track.Racing does not provide investment advice.

GDPR Data Privacy (Apex Track.Racing):

Apex Track.Racing is part of the Aethos Holding SA group of companies , located at 24 rue Saint Mathieu in Luxembourg 2138 L, the data controller is responsible for processing your personal data. You can contact our Data Protection Officer at contact@apextrack.racing

Personal Data We Collect:

We collect the following categories of personal data:

Account Information: Name, email address, username, password, contact details, date of birth, nationality.
Identification Data: Copies of government-issued IDs, proof of address (for KYC/AML compliance).
Financial Information: Payment details, transaction history, bank account information.
Investment Data: Information on your investment preferences, portfolio, and risk tolerance.
Communication Data: Records of communication between users and Apex Track.Racing.
Technical Data: IP address, browser type, device information, cookies, operating system.
Marketing Data: Preferences for receiving marketing communications.

Legal Basis for Processing:

We process your personal data on the following legal bases:

Contractual Necessity: To provide our services and fulfill our contractual obligations to you.
Legal Obligation: To comply with applicable laws and regulations (e.g., AML/KYC, tax laws).
Consent: For marketing communications and certain data processing activities where required by law.
Legitimate Interests: To improve our services, prevent fraud, ensure security, and for internal administrative purposes.

Purposes of Processing:

We process your personal data for the following purposes:

To create and manage user accounts.
To facilitate fractional ownership transactions.
To verify user identity and comply with AML/KYC requirements.
To communicate with users and provide customer support.
To personalize your experience on the platform.
To improve our platform and develop new features.
To send marketing communications (with consent).
To prevent fraud and ensure security.
To comply with legal obligations.
To conduct market research and analysis.

Data Sharing:

We may share your personal data with the following categories of recipients:

Payment processors and financial institutions.
Service providers who assist us with our operations (e.g., hosting, analytics, customer support).
National competent authorities (for legal compliance).
Race car management teams (for investor information, when applicable).
Legal and professional advisors.
Third parties in connection with a merger, acquisition, or sale of our company.

Data Transfers to Third Countries:

If we transfer your personal data to countries outside the European Economic Area (EEA), we will implement appropriate safeguards, such as Standard Contractual Clauses or other mechanisms approved by the European Commission, to ensure an adequate level of data protection.

Data Retention:

We retain your personal data for as long as necessary to fulfill the purposes for which it was collected, and as required or permitted by applicable laws and regulations. We have specific data retention policies in place for different categories of data.

Your Rights:

You have the following rights under GDPR:

Right to Access: You can request access to your personal data.
Right to Rectification: You can request to correct inaccurate or incomplete data.
Right to Erasure (Right to be Forgotten): You can request to delete your personal data, subject to certain exceptions.
Right to Restriction of Processing: You can request to limit the processing of your data in certain circumstances.
Right to Data Portability: You can request to receive your data in a portable format.
Right to Object: You can object to the processing of your data based on legitimate interests or direct marketing.
Right to Withdraw Consent: You can withdraw your consent at any time for data processing based on consent.
Right to lodge a complaint: You have the right to lodge a complaint with a supervisory authority if you believe we have violated your data protection rights.

Cookies and Tracking Technologies:

We use cookies and similar tracking technologies to improve your user experience, analyze website traffic, and personalize content. Please refer to our Cookie Policy for more information about the types of cookies we use, how we use them, and your choices regarding cookies.

Security Measures:

We implement appropriate technical and organizational measures to protect your personal data from unauthorized access, disclosure, alteration, and destruction. These measures include data encryption, access controls, security audits, and regular staff training.

Changes to this Privacy Policy:

We may update this Privacy Policy from time to time to reflect changes in our data processing practices or legal requirements. We will notify you of any material changes by posting the updated policy on our website or through other communication channels.

Contact Information:

If you have any questions or concerns about our data privacy practices, please contact us at [contact@apextrack.racing.

Investor Warning and Risk Warnings (ApexTrack.Racing):

Investor Warning:

Investing in fractional race car ownership involves significant risks, and you could lose some or all of your investment. This is a speculative investment, and there is no guarantee of profit. You should only invest what you can afford to lose.

Risk Warnings:

Market Risk: The value of race cars can fluctuate significantly due to factors such as racing results, economic conditions, and changes in investor demand.
Performance Risk: There is no guarantee that a race car will perform well, and poor performance can negatively impact the value of your investment.
Management Risk: The success of your investment depends on the race car management team's expertise and decision-making.
Liquidity Risk: Fractional ownership interests in race cars may be illiquid, meaning it may be difficult to sell your shares quickly.
Regulatory Risk: Changes in motorsport regulations or tax laws could negatively impact your investment.
Operational Risk: Race cars are subject to mechanical failures, accidents, and other operational risks that could affect their value.
Force Majeure Risk: Events outside of our control, such as natural disasters or pandemics, could negatively impact your investment.

Before investing, you should carefully consider the following:

Investment Objectives: What are your investment goals?
Risk Tolerance: How much risk are you comfortable taking?
Financial Situation: Can you afford to lose your investment?
Due Diligence: Have you conducted thorough research on the race car, the management team, and the investment terms?

Apex Track.Racing provides a platform for fractional race car ownership but does not provide investment advice. You are solely responsible for your investment decisions. We encourage you to seek independent financial advice before investing.

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