SecondaryDAO Terms of Service and Privacy Policy
https://www.secondarydao.com/termsofservice
https://www.secondarydao.com/privacypolicy
Terms of Service
Last Updated: Tuesday, 4/21, 2025
Welcome to SecondaryDAO.com (SD), operated by Secondary DAO SA de CV, ISAOA ATIMA. Please review the following terms
carefully as they govern your use of our services. By accessing this site and any of its pages, you agree to be bound by
the Terms of Service and Privacy Policy.
1. General Disclaimers
- Secondary DAO SA de CV is not a registered broker-dealer or investment advisor and does not provide investment
advice, endorsements, or recommendations for any properties listed on this site.
- The content on this website is not an offer to sell, solicitation to buy, or a recommendation regarding any
security.
- You are solely responsible for evaluating whether an investment aligns with your objectives, financial
circumstances, and risk tolerance. Consult with qualified legal and financial advisors for professional advice.
2. Account Requirements
- You must open a SecondaryDAO Account to use our services.
- During registration, accurate and complete information must be provided. You are fully responsible for all activity
under your account.
- Secondary DAO SA de CV reserves the right to suspend or terminate accounts for providing false or incomplete
information.
3. Investment Risks
Investing in real estate involves inherent risks, including:
- Market volatility, which may result in partial or total loss of investments.
- The unpredictability of future property values and potential negative cash flows.
Before investing, carefully review all information and consult with tax and legal advisors.
4. Policies and Procedures (Articles 28–35 of the Regulation)
4.1 Spot Operations (Article 28)
SecondaryDAO facilitates immediate transactions for tokenized real estate assets. Once the buy and sell sides agree on
terms, transactions are settled instantly. This supports seamless trading and enhanced liquidity in our marketplace.
4.2 Forward Operations (Article 29)
Currently, SecondaryDAO does not support forward operations. However, we may explore adding this feature in the future
based on market demand and regulatory considerations.
4.3 Optional Purchase or Sale Operations (Article 30)
Our platform does not yet support optional purchase or sale operations. Future updates may include these features
depending on legal and operational advancements.
4.4 Settlement of Operations (Article 31)
The SecondaryDAO Escrow Contract ensures secure and efficient settlements of digital asset transactions, maintaining
compliance with applicable regulations.
4.5 Seizure, Arbitration, and Protection of Acquirers Assets (Articles 32–34)
- Embargo (Article 32): SecondaryDAO has robust protocols to comply with legal embargoes on digital assets. While we
provide self-custody wallets, our platform fosters a secure user environment.
- Arbitration (Article 33): We adhere to international best practices for dispute resolution, offering an arbitration
process for conflicts involving clients or the company.
- Protection of Acquirers’ Assets (Article 34): Our Market Integrity Policy ensures operational transparency and
fosters trust among participants.
4.6 Investments (Article 35)
SecondaryDAO focuses on optimizing client returns while managing risks. We evaluate market conditions to make informed
investment decisions responsibly.
5. Custodial Wallets
SecondaryDAO does not offer a custodial wallet feature through its platform:
- Users retain full control of their funds.
- Funds are not used for any purposes without user consent.
- Users must self-custody wallets and their contents at all times.
6. Withdrawal Limits
There is a $50,000 USD weekly withdrawal limit for cash and cash equivalents, excluding property tokens. This limit is
subject to change, but we strive to maintain liquidity.
7. Property Escrows
Escrow accounts may be held in an IOLTA account managed by Secondary DAO SA de CV ISAOA ATIMA. Any accrued interest may
be used to offset account management fees.
8. Third-Party Content
Hyperlinks or reproduced content from third-party sources do not constitute endorsements by Secondary DAO SA de CV.
9. Contract Voting
Any votes not made within timelimits will be proxied to the contract creator or contract manager ISAOA ATIMA.
Acknowledgment of Risks
By accessing this site, you understand and acknowledge:
- The risks associated with real estate investments.
- The potential for unpredictability in property performance and market value.
Section X: Token Buyer Disclosures & System Governance Framework
This section outlines the foundational disclosures, operational rules, and governance procedures applicable to all token
buyers and users of the SecondaryDAO system. These terms are binding upon participation in any offering or transaction
on SecondaryDAO.
1. Token Mechanics and Ownership
- Property Tokens represent fractional economic rights in real estate-backed smart contracts but do not confer
ownership or equity in the physical asset.
- Tokens are issued to self-custodied ERC-20 wallets (e.g., MetaMask) and are non-custodial in nature.
- Ownership entitles the holder to defined distributions (e.g., rental income), resale rights, and participation in
governance votes, as applicable to each Property Contract.
2. Contract Evolution & Defaults
Smart contracts govern all token interactions, and default behaviors may evolve.
- New property deployments may:
- Inherit default behaviors,
- Override specific settings,
- Or implement entirely new governance rules.
- Unless otherwise stated, newly deployed contracts do not retroactively apply changes from earlier governance votes.
3. Governance Participation
Token holders are granted governance rights over operational decisions including:
- Property maintenance approvals
- Distribution logic changes
- Contract upgrades
- Escrow reserve policies
Default Voting Rules:
- Any proposed action involving > $3,000 USD or 2% of the Initial Property Sale (IPS) value (whichever is greater)
requires a vote.
- Voting outcomes may be calculated as:
- Simple majority (Yes vs. No votes)
- Majority of total token supply (e.g., >50% of token holders voting Yes)
- Specific rules are defined in the property’s smart contract.
Proxy Voting:
- If a holder does not vote within the designated timeframe, their vote is automatically proxied to the contract
creator or manager (ISAOA ATIMA) unless explicitly opted out via wallet signature.
4. Escrow Replenishment Policy
To ensure sustainability and risk mitigation, all Property Contracts implement automated escrow funding logic.
Default Logic:
- If escrow is <15% underfunded (i.e., at least 85% funded):
- 20% of monthly rental income is allocated to replenish the escrow.
- If escrow is ≥15% underfunded:
- 50% of rental income is allocated to replenishment.
- Remainder is distributed pro-rata to token holders.
Governance Override:
- Replenishment logic may be amended per-property by:
- Voting among token holders
- Contract upgrades with prior disclosure
Transparency:
- Escrow balances are published on-chain via smart contract functions (Balance(), TotalToken()).
- Funding ratios and transaction history are publicly viewable.
5. Future Contract Deployments
Upgraded contracts may change default rules.
- Token holders will receive prior notice of any proposed changes or upgrades affecting:
- Governance rules
- Distribution policies
- Escrow mechanics
6. Legal Acknowledgments
By holding or interacting with Property Tokens:
- You acknowledge the programmable, evolving nature of SecondaryDAO smart contracts.
- You accept responsibility to review updates, vote on proposals, or opt out of proxy logic.
- You acknowledge that participation is at your own risk and that SecondaryDAO does not guarantee returns,
distributions, or asset performance.
For additional information, please consult the Docs Center or contact us at feedback@secondarydao.com.
Privacy Policy
1. Introduction
This Privacy Policy ("Policy") describes how SecondaryDAO SA de CV ("SecondaryDAO SA de CV," "we," "us," or "our")
collects, uses, and protects the personal information of users ("User," "you," or "your") who access our platform,
website, or services. By using our services, you agree to the collection and use of your information in accordance with
this Policy.
2. Information We Collect
2.1 Personal Information
We collect personal information that you provide directly to us during the registration, KYC (Know Your Customer)
process, and use of our services. This information may include, but is not limited to:
- Full legal name
- Date of birth
- Nationality
- Residential address
- Government-issued identification (e.g., passport, national ID)
- Email address
- Phone number
- Payment information (e.g., bank account details)
- Transaction history
2.2 Non-Personal Information
We may also collect non-personal information that cannot be used to identify you directly. This may include:
- Browser type and version
- IP address
- Device type and operating system
- Pages visited and the time spent on our website
- Cookies and other tracking technologies
3. How We Use Your Information
3.1 Service Provision
We use your personal information to provide and manage our services, including account creation, transaction processing,
customer support, and compliance with legal and regulatory requirements.
3.2 KYC and AML Compliance
Your personal information is used to verify your identity and assess your risk profile as part of our KYC and AML
(Anti-Money Laundering) obligations.
3.3 Communication
We may use your contact information to communicate with you about your account, service updates, or any issues related
to our platform. This includes sending you transactional emails, security alerts, and important notices.
3.4 Marketing
With your consent, we may use your information to send you promotional materials, newsletters, and other marketing
communications. You can opt-out of these communications at any time.
3.5 Analytics and Improvements
We use non-personal information to analyze how our services are used, to improve our platform, and to develop new
features. This data helps us enhance user experience and tailor our services to better meet your needs.
4. Information Sharing and Disclosure
4.1 Third-Party Service Providers
We may share your information with third-party service providers who assist us in delivering our services, such as
identity verification services, payment processors, and cloud storage providers. These third parties are required to
protect your information and use it only for the purposes for which it was shared.
4.2 Legal Compliance
We may disclose your information to law enforcement, regulatory authorities, or other governmental entities if required
by law or in response to legal requests (e.g., subpoenas, court orders).
4.3 Business Transfers
In the event of a merger, acquisition, or sale of all or part of our business, your personal information may be
transferred to the acquiring entity as part of the transaction. We will notify you of any such transfer and any new
privacy policies that may apply to your information.
4.4 Consent
We may share your information with third parties if you provide explicit consent for such sharing.
5. Data Retention
We retain your personal information for as long as necessary to fulfill the purposes outlined in this Policy, including
compliance with legal obligations, dispute resolution, and enforcement of our agreements. When your information is no
longer needed, we will securely delete or anonymize it.
6. Data Security
We implement appropriate technical and organizational measures to protect your personal information from unauthorized
access, disclosure, alteration, or destruction. These measures include encryption, access controls, and regular security
assessments.
7. Your Rights
7.1 Access and Correction
You have the right to access and request correction of any personal information we hold about you. You may update your
account information directly through our platform or contact us to request changes.
7.2 Data Portability
You have the right to request a copy of your personal information in a structured, commonly used, and machine-readable
format.
7.3 Right to Erasure
You have the right to request the deletion of your personal information, subject to certain legal or contractual
limitations.
7.4 Objection and Restriction
You have the right to object to the processing of your personal information or request that we restrict its processing
under certain circumstances.
7.5 Withdrawal of Consent
If you have provided consent for the collection, use, or sharing of your personal information, you have the right to
withdraw that consent at any time. However, this may limit your ability to use certain features of our services.
8. Cookies and Tracking Technologies
We use cookies and similar tracking technologies to enhance your experience on our website. These technologies allow us
to remember your preferences, track user activity, and analyze site traffic. You can control the use of cookies through
your browser settings.
9. International Data Transfers
Your personal information may be transferred to and processed in countries outside of your jurisdiction, including
countries that may not have the same level of data protection as your home country. By using our services, you consent
to such transfers.
10. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements,
or other factors. We will notify you of any significant changes by posting the updated Policy on our website and, if
applicable, through other communication channels.
11. Contact Us
If you have any questions or concerns about this Privacy Policy or how we handle your personal information, please
contact us at:
SecondaryDAO SA de CV
SV
josh+kyc@secondarydao.com