PRÓSPERA PRIVACY POLICY

1. Introduction.

(a) Website Licensee. Próspera ZEDE (“PZ”), a governmental body and Honduran special regime jurisdiction, is the principal licensee of this Website (“Website”) along with its social impact subsidiary Próspera Foundation, S.A. (formerly known as North Bay Foundation, S.A.), a Honduran corporation (“PF”), its escrow trust, Próspera Trust (formerly known as the ZEDE of North Bay Trust), a Próspera ZEDE statutory trust (“PT”), its default arbitration service provider, Próspera Arbitration Center LLC, a Texas limited liability company (USA), (“PAC”), North Bay GSP, Inc, a Próspera ZEDE for-profit corporation (HN) (“GSP”), and its second and third tier subsidiaries Próspera Insurance Association LLC, a Próspera ZEDE limited liability Company (HN) (“PIA”), Próspera Insurance Company LLC, a Próspera ZEDE limited liability company (HN) (“PIC”), pursuant to the delegation of governance services to the GSP under a certain general services agreement, which was consented to by Honduras Próspera Inc. (formerly known as Honduras Próspera LLC), a Delaware limited liability Company (USA) (“P&O”), which is the Honduras-government recognized Promoter and Organizer of the PZ and a subsidiary of NeWay Capital LLC, a Wyoming limited liability Company (USA) (“NC”). As the designated principal of this Website, the PZ can be contacted by mail at c/o Technical Secretary, Beta Building, Oficina Modulo 1, St. John’s Bay, Próspera ZEDE, Island of Roatan, Bay Islands, Republic of Honduras 34101, by phone at +504 9496-7194, or by e-mail at ots@prosperazede.hn. This online Privacy Policy discloses PZ information practices for this Website, including what type of personal identifiable information is requested in order to pay fees, how the information is used, and with whom the information is shared. Note that other Websites may be governed by Privacy Policies containing different information practices applicable to those sites. Reference to PZ, PF, PT, GSP, PIA, PIC, P&O, or NC include all of their respective agents, employees, officers, directors, owners, shareholders and affiliates by majority ownership, control or contract.

(b) Website Visits. PZ, PT, PF, PAC, GSP, PIA, and PIC may collect and share between and among PZ, PF, PT, PAC, GSP, PIA, PIC, P&O and NC (the “PZ Group”) information from Website visitors and users in accordance with the Próspera Entity Registry Statute 2019, §2-1-43-0-0-0-1 through 6, Próspera Personal Registry Statute 2019, §2-1-44-0-0-0-1 through 6, and Próspera Property Registry Land Title Law 2019, §§ 2-1-22-1-0-0-1 thru 2-1-22-5-12-0-135 (collectively the “Registry Laws”). This includes, but is not limited to, the home server domain name, e-mail address, type of computer and web browser, what pages visitor accessed, and limited information about search requests, as well as the Personal Information discussed below. This information is used to solve technical problems, background checks, optimization of governance, updating and improving website and software, technical problems, furnish governance services, economic development, business promotion and development, law enforcement, contract enforcement, and to calculate overall usage statistics.

(c) Website Transactions. At times, PZ will need personal information defined below (“Personal Information”) regarding a user (including actual or prospective Residents, e-Residents, and visitors) (“User”). For example, to process an order or provide access to e-governance services, PZ may need to know a User’s name, mailing address, e-mail address and credit card details.

2. Personal Information That May Be Collected.

Identifying Information. In order to pay fees for and/or access designated e-governance services and/or restricted areas within the Website, PZ, directly or by or through PF, PT, PAC, GSP, PIA, or PIC, will request a user to provide certain personal identifying information, which may include: legal name, postal address, e-mail address, screen name, password, telephone number, facsimile number, method of payment, and, if applicable, credit card number, and any other information to collection and storage of which the Registry Laws authorize.

(a) Service Quality Monitoring. Some Website transactions may require a User to telephone or email one or more entities among the PZ Group, or for such entity to call or email the User. User should be aware that it is the PZ Group’s practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.

(b) Information from Children. PZ, PF, PT, PAC, GSP, PIA and PIC do not collect or maintain information from users actually known to be under the age of 13 except in connection with a residency application by such child’s parent or guardian or for law enforcement or contract enforcement purposes, and no part of this or other Websites are structured to attract anyone under the age of 13.

(c) Lost or Stolen Information. Help keep your Personal Information accurate. If a User’s Personal Information has changed, please e-mail the new information to PZ at the e-mail address shown in Paragraph 1(a). If a User would like to review the Personal Information PZ has in its files regarding the User, e-mail your request to PZ.

(d) Chat Rooms, Forums and Bulletin Boards. If User participates in a chat room, discussion forum, or posts messages to a bulletin board, User should be aware that the information disclosed and shared will be broadly available to other persons, both inside of and/or outside PZ, who have access to that chat room, forum or bulletin board. Some individual PZ chat rooms, forums or bulletin boards have additional rules and conditions regarding participation. Also, participant’s expressed opinion is his or her own and should not be considered as reflecting the opinion of any of the PZ Group.

(e) Links to Other Websites. A Website may contain links to other websites. None of the PZ Group are responsible for the privacy practices or the content of those other Websites by virtue of your use of this Website.

3. Uses Made of the Information.

(a) Limited Uses Identified. Personal information collected by PZ, PF, PT, PAC, GSP, PIA, and PIC will be used by PZ Group for the following purposes: solving technical problems, securing background checks, optimization of governance, updating and improving website and software, technical problems, furnish governance services, economic development, business promotion and development, law enforcement, contract enforcement, and to calculate overall usage statistics.

(b) Marketing Uses. PZ, PF, PT, PAC, GSP, PIA, PIC, and P&O reserve the right to provide User with information about the Website, as well as other products and services, and related information in which User has indicated an interest through email, phone, mail or any other medium of communication.

(c) Stored Information Uses. PZ directly or by or through PF, PT, PAC, GSP, PIA, or PIC stores and retains the information provided by User. Stored information is used by PZ Group for the following purposes: solving technical problems, securing background checks, optimization of governance, updating and improving website and software, technical problems, furnish governance services, economic development, business promotion and development, law enforcement, contract enforcement, and to calculate overall usage statistics.

(d) Online Advertising. Some companies that help PZ, PAC, GSP, PIA, or PIC deliver interactive on-line advertising, such as banner ads, may collect and use information about PZ’s Users for the following purposes: solving technical problems, securing background checks, optimization of governance, updating and improving website and software, technical problems, furnish governance services, economic development, business promotion and development, law enforcement, contract enforcement, and to calculate overall usage statistics.

4. Disclosure of the Information.

(a) Within PZ Group. PZ is located in the Republic of Honduras but also retains the services of multinational organizations, such as the P&O, with legal entities, business processes, management structures, and technical systems that cross both jurisdictional and national borders. PZ may share your Personal Information within the PZ Group, and may transfer the information to countries in the world where PZ affiliates conduct business. Some countries and jurisdictions may provide less legal protection for User Personal Information than others. In such countries and jurisdictions, PZ will still handle User Personal Information in the manner described herein.

(b) Resource and Asset Sharing. For the purpose of implement, developing and expanding its jurisdiction and network, PZ may share, rent, sell or buy various assets. In such transactions, User information can be one of the transferred assets.

(c) Agents. PZ employs or engages other companies and individuals to perform business and governmental functions on behalf of PZ, such as the PT, PF, PAC, GSP, PIA, PIC, and P&O. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes.

(d) Affiliated Agencies and Businesses. The PZ Group works closely with affiliated governmental institutions, agencies and independent businesses. User information related to a transaction with an affiliated business is shared with that affiliated business.

(e) Marketing Analysis by Third Parties. The PZ Group reserves the right to disclose to third parties Personal Information about Users for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual User.

(f) Disclosure to Governmental Authorities. One or all of the PZ Group releases personal identifying information when it is believed such release is appropriate to comply with law, to enforce contracts, or to protect the rights, property or safety of Users. PZ Group may also release such information in an exchange of information with other companies and/or organizations for the purposes of fraud protection and credit risk reduction.

5. Use of Computer Tracking Technologies.

(a) Use of Cookies. A cookie is a small amount of data that is sent to User’s browser from a Web server and is stored on the computer’s hard drive. Any of PZ Group may use non-identifying cookies to provide easier site navigation. PZ Group’s Website(s) can still be used if User’s browser is set to reject cookies. PZ Group’s cookies do not generate personal data, do not read personal data from your machine and are never tied to anything that could be used to identify you.

(b) Use of Web Beacon Technologies. Any of PZ Group may also use Web beacon or other technologies to better tailor its Website(s) to provide better User service. If these technologies are in use, when a visitor accesses these pages of the Website, a non-identifiable notice of that visit is generated which may be processed by any of PZ Group. Web beacons usually work in conjunction with cookies. If User does not want cookie information to be associated with User’s visits to these pages, User can set its browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.

(c) Collection of Non-Identifiable Information. PZ, directly or by or through PF, PT, PAC, GSP, PIA, or PIC may collect non-identifiable information from user visits to the Website(s) in order to provide better User service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on Website(s); Website and system administration; user analysis; and business decision making. Such information is sometimes known as “clickstream data.” PZ, directly or by or through PF, PT, GSP, PIA, or PIC, or its contractors may use this data to analyze trends and statistics.

(d) Collection of Personal Information. PZ, directly or by or through PF, PT, PAC, GSP, PIA, or PIC, collects personal identifying information from User during a transaction.

6. Information Security.

(a) Online Security. PZ Group intends to protect User Personal Information and to maintain its quality. To achieve information security and quality, PZ may implement appropriate measures and processes, such as using encryption when transmitting certain sensitive information.

(b) No Liability for Acts of Third Parties. The PZ Group shall not be liable for unauthorized disclosure of Personal Information including, but not limited to, errors in transmission and unauthorized acts of PZ staff and third parties.

7. Privacy Policy Changes and Opt-Out Rights.

(a) Changes to Privacy Policy. This Privacy Policy was last updated on or about May 17, 2021. PZ or GSP reserve the right to change this privacy policy statement at any time. A notice of any material change will be posted on the Website on page for ten (10) days prior to the implementation of such change.

(b) Opt-Out Right. If User has not become a Resident, e-Resident or contractual visiting permittee of the PZ, User has the right at any time to cease permitting Personal Information to be collected, used or disclosed by PZ, directly or by or through PF, PT, PAC, GSP, PIA, PIC, P&O or NC, and/or by any third parties with whom any of the PZ Group has shared and/or transferred such Personal Information. Right of cancellation may be exercised by contacting PZ via e-mail at ots@prosperazede.hn, telephone or postal mail. After processing the cancellation, PZ and GSP will delete or cause the deletion of User or prospective User’s Personal Information from their database(s) unless they have a law enforcement or contract enforcement basis to retain such information.

8. Access Rights to Data.

(a) Information Maintained by PZ Group. Upon User’s request, PZ or GSP will provide a reasonable description of User’s personally identifiable information that PZ or GSP maintains under the Registry Laws subject to law enforcement considerations. PZ can be contacted by e-mail at ots@prosperazede.hn, telephone at +504 9496-7194, or postal mail at c/o Technical Secretary, Beta Building, Oficina Modulo 1, St. John’s Bay, Próspera ZEDE, Island of Roatan, Bay Islands, Republic of Honduras 34101.

(b) Corrections and Changes to Personal Information. If User’s Personal Information changes, or if User notes an error upon review of User information that PZ has on file, please promptly e-mail PZ and GSP at ots@prosperazede.hn and provide the new or correct information.

9. Accountability.

(a) Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about PZ Group compliance with this privacy policy, you may contact PZ and GSP by e-mail at ots@prosperazede.hn.

(b) Terms of Service. If User chooses to access the Website or pay for e-governance services, User’s action is hereby deemed acceptance of the terms and conditions of this Privacy Policy and PZ practices described in this policy statement. Any dispute over privacy between User and any of the PZ Group is subject to the provisions of this notice and to the Próspera Terms of Service which are hereby incorporated herein and which can be read at http://prosperazede.hn/tos.

10. Limitation of Liability/Dispute Resolution.

(a) This Privacy Policy shall be governed by the Applicable Law of the Próspera Terms of Service.

(b) None of the PZ Group shall be liable for damages of any kind, whether as a result of a loss by the User of present or prospective profits, anticipated sales, expenditures, investments, commitments made in connection with this Privacy Policy, or on account of any other reason or cause whatsoever in any way related to using the Website.

(c) Any dispute arising under and in connection with this Privacy Policy, shall be brought exclusively to the default Arbitration Service Provider established for the PZ or the International Centre for Dispute Resolution of the American Arbitration Association serving as the arbitration administrator in accordance with the PZ Arbitration Statute, §§2-1-37-1-0-0-1 through 2-1-37-8-0-0-64, as amended from time to time.

11. Relationship to Other Agreements.

(a) Nothing in this Privacy Policy shall be construed to override or modify any Agreement of Coexistence (Resident or e-Resident) between the User and PZ.

(b) An Agreement of Coexistence and any related side letter between User and PZ, if any, shall control this Privacy Policy in the event of any conflict between the two.

(c) The Próspera Terms of Service Agreement shall control this Privacy Policy in the event of any conflict between the two.

(d) This Privacy Policy may be translated into Spanish and other languages; however, the English version of this Privacy Policy shall be controlling.

12. Special Considerations for U.S. and E.U. Visitors

(a) EUROPEAN VISITORS: Please exercise your rights under the General Data Protection Regulation (GDPR) by first calling the GSP’s General Counsel at 1-602-228-2582 (ask for Nicholas C. Dranias) so that we are able to process your inquiry properly. Also, feel free to contact supervisory authorities within the EEA, including in your own Member State, about concerns you have related to our privacy practices. We recommend contacting the Dutch Data Protection Authority, also known as the Autoriteit Persoonsgegevens. Further: (i) PZ Group complies with all GDPR requirements for the Personal Information that it processes (although when acting in a governmental capacity, PZ Group claims certain jurisdictional exemptions, exclusions, and immunities from the same under international law); (ii) this Privacy Policy sets out how we handle Personal Information and our legal basis for doing so. You have the following rights under the GDPR (subject to the aforesaid jurisdictional exemptions, exclusions, and immunities, as well as the express terms and conditions of this Privacy Policy): (1) The right of access to Personal Information; (2) The right to rectification or correction of any errors in Personal Information; (3) The right to request deletion of Personal Information; (4) The right to restrict or object to the processing of Personal Information; (5) The right to withdraw consent to the processing of Personal Information; (6) The right of portability in Personal Information; and (7) The right to lodge a complaint with a supervisory authority.

(b) UNITED STATES VISITORS: Federal or state law may require the following additional policies; to the extent not inconsistent with PZ Rule and an Agreement of Coexistence, PZ agrees to the following:

(i) CalOPPA (California Online Privacy Protection Act):

(1) Users can visit our site anonymously.

(2) Users will be notified of any privacy policy changes on our Privacy Policy Page.

(3) Users are able to change their Personal Information: By calling or emailing us.

(4) PZ honors do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. However, we cannot control the policies of our third party hosting services.

(5) PZ allows third-party behavioral tracking.

(ii) COPPA (Children Online Privacy Protection Act)

PZ will comply with the U.S. Federal Trade Commission’s COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under 13.

(iii) CAN SPAM Act

(A) PZ will comply with the U.S. CAN SPAM Act.

(B) PZ may collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions.

• Process requests services and to send information and updates pertaining to orders.

• Send Users additional information related to our services.

• Market to our mailing list or continue to send emails to Users after the original transaction has occurred.

(C) PZ will NOT use false or misleading subjects or email addresses.

(D) PZ will identify the message as an advertisement in some reasonable way.

(E) PZ will include the physical address of our business or site headquarters.

(F) PZ will monitor third-party email marketing services for compliance, if one is used.

(G) PZ will honor opt-out/unsubscribe requests quickly.

(H) PZ will allow Users to unsubscribe by using the link at the bottom of each email.

(I) If at any time you would like to unsubscribe from receiving future emails, you can email us at privacy@prospera.hn and we will promptly remove you from ALL correspondence.

(c) Privacy Officer for All Privacy Questions

General Counsel
North Bay GSP, Inc.
Email: privacy@prospera.hn
1-602-228-2582
Beta Building, Oficina Modulo 1, St. John’s Bay, Próspera ZEDE, Roatán, Islas de Bahia, Honduras