LakeDiamond Documents

LakeDiamond
Nov 29, 2018 · 19 min read

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Disclaimer

LakeDiamond SA is a company limited by shares having its registered office at Rue Galilée 7, 1400 Yverdon-les-Bains, Vaud, Switzerland, and registered as such with the Swiss Commercial Registry under reference CHE-141.951.583.

LakeDiamond SA is a commercial and an operational entity whose sole activity is manufacturing, transforming, selling, marketing and distributing lab grown diamonds. In its Swiss-based labs, LakeDiamond SA grows diamonds and transforms them into diamond plates for high-tech applications, as well as round brilliant diamonds, thanks to its proprietary technology. LakeDiamond SA General Terms and Conditions for Sale shall apply to the sale of any diamond products.

LakeDiamond SA especially sold diamond-production hours (Diamond Grown Production Hours) to customers, thus allowing customers to use labs and to grow diamond plates or round brilliant diamonds respectively according to the customers’ needs. Actual owners of Diamond Grown Production Hours do not have any enforceable right against LakeDiamond SA to receive, acquire or convert Diamond Grown Production Hours into LKD Tokens.

At its sole discretion, LakeDiamond launched an ICO to sell LKD Tokens. LKD Tokens Owners (or potential LKD Tokens Owners) are aware, understand and accept that growing diamonds rough, and transforming such roughs into plates or round brilliant diamonds respectively is at an early stage and is a long process and that Purchasers’ needs and expectations with respect to delivery timing may not be guaranteed and may be subject to delay, in particular but not limited to high demand and/or outage and/or labs sizing and/or other production issues. LakeDiamond SA shall not be held liable for any delay and/or postponement and/or impossibility to use LKD Tokens (or Diamond Grown Production Hours).

LKD Terms and Conditions shall apply to LKD Tokens. LKD Tokens Owners understand that they are bound by the LKD Tokens Terms and Conditions available on this website and as updated from time to time. LKD Tokens are not intended to give Tokens Owners any other right like, for instance, equity, assets, bond, security, interest, yield, debt, right to repayment, or intellectual property right.

LKD TOKENS WILL NOT QUALIFY AS PURE CRYPTOCURRENCIES LIKE FOR INSTANCE BITCOIN OR ETHEREUM AND MAY NOT BE USED AS SUCH IN ANY WAY. THEY WILL ALSO NOT AND SHALL NOT BE USED IN ANY WAY AS EQUITY, ASSETS, BONDS, SECURITIES, DERIVATIVES OR ANY OTHER FINANCIAL INSTRUMENTS.

LakeDiamond SA is neither a bank, a private bank, an exchange, a securities dealer, a fund, a collective scheme investment manager or distributor, a financial intermediary, an asset manager or otherwise a financial institution and is neither authorized to act as such nor monitored by any financial market supervisory authority, including the Swiss Financial Market Supervisory Authority FINMA. Neither this document nor any other information material relating to LakeDiamond SA and/or the LKD Tokens, including but not limited to the Terms and Conditions of the LKD Tokens, have been or will be filed with or approved by any Swiss regulatory authority. In particular, this document will not be filed with the Swiss Financial Market Supervisory Authority FINMA (FINMA). The LKD Tokens and the ICO are not and will not be subject to any supervision and/or authorization by the FINMA and LKD Tokens Owners or Potential LKD Tokens Owners will not benefit from protection or supervision by such authority.

Any ICO involves risks, which are described in the ICO offering documentation, in particular but not limited to the Terms and Conditions of the LKD Tokens.

Furthermore, each LKD Tokens Owner or Potential LKD Tokens Owner is aware, understands and accept the inherent risks associated with the Blockchain technology and cryptocurrencies in general and the LKD Tokens in particular, including, but not limited to, those listed hereinafter. More comprehensive risk factors describing risks associated with LKD Tokens are set out in the ICO offering documentation in particular but not limited to the Terms and Conditions of the LKD Tokens.

LKD Tokens Owners are aware, understand and accept that any smart contract, and/or any underlying software application and/or any blockchain are part of a new technology that is still in an early stage. LKD Tokens Owners are aware, understand and accept that the blockchain may be interrupted or may contain errors. LKD Tokens Owners are aware, understand and accept that there is an inherent risk that the smart contract, and/or the software and/or the blockchain could contain weaknesses, vulnerabilities, virus or bugs causing, inter alia, the complete loss of ETH, other (financial) means and/or support and/or LKD Tokens. LKD Tokens Owners are aware, understand and accept that any smart contract and/or underlying protocols and/or any other software, and/or any blockchain may either delay and/or not execute and/or not execute properly an order due to various factors, including, but not limited to the overall traffic volume, mining attacks, virus and/or similar events. LakeDiamond SA shall not be held liable for any suspension, theft, fraud, loss of LKD Tokens.

LakeDiamond SA shall not be liable for the technical risks related to, among others, power outage, disconnection, time-out or system failure, delays, transmission errors, disturbance or the overloading or locking-up of the systems or networks involved therewith. If LakeDiamond SA detects any security risks, it reserves the right to freeze ongoing smart contracts for the protection of LKD Tokens Owners at any time until the risk is removed. LakeDiamond SA shall not be liable for any damages incurred as a result of such interruption. LakeDiamond cannot guarantee the availability of the internet.

The information thereof are exclusively made available to interested persons visiting the website upon their own request.

This website does not purport to contain all information relating to LKD Tokens. Information on this website are based on facts available on the date hereof. No representation or warranty, express or implied, is made as to the fairness, accuracy, completeness or correctness of the information or opinions contained herein by LakeDiamond SA and its advisors. The information set out herein may be subject to updating, completion, revision, verification and amendment, without notice, all of which may impact this presentation. It should be understood that subsequent developments may affect the information contained in this document, which neither LakeDiamond SA nor any of their advisors are under an obligation to update, revise or affirm.

This website contains general information on LakeDiamond SA and is intended for general informational purposes only, upon request of interested persons. With respect to the sale of any LKD Tokens, LKD Tokens Owners (or Potential Tokens Owners) must rely on the relevant ICO offering documentation, in particular but not limited to the Terms and Conditions.

This website contains information concerning the actual business and expected future business of LakeDiamond SA, potential growth prospects and other future events or developments of the existing industrial equipment. These forward-looking information are based on the current expectations, estimates and projections of LakeDiamond SA management. They are subject to assumptions and involve known and unknown risks, uncertainties and other factors that may cause actual results and developments to differ materially from any future results and developments expressed or implied by such forward-looking statements. Therefore, LakeDiamond SA cannot provide any assurance with respect to the correctness of such forward-looking statements and their effects on the situation of LakeDiamond SA or the LKD Tokens issued. LakeDiamond SA has no obligation to update or release any revisions to the forward-looking statements contained in this website to reflect events or circumstances after the date of this website.

THE CONTENT OF THIS WEBSITE DOES NOT CONSTITUTE AN INVESTMENT ADVICE OR A RECOMMENDATION OR INVITATION FOR PURCHASING, HOLDING OR SELLING ANY LKD TOKENS. IN PARTICULAR, IT IS NOT DEEMED TO PROVIDE (AND MUST NOT BE HELD AS SUCH) ANY ADVICE RELATING TO ANY DECISION WHETHER OR NOT TO PURCHASE LKD TOKENS AND MUST NOT BE CONSIDERED AS PROVIDING COMPLETE INFORMATION IN RELATION TO SUCH A DECISION. IF YOU ARE IN ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S).

THE CONTENT OF THIS WEBSITE DOES NOT CONSTITUTE AN OFFER OR INVITATION TO SUBSCRIBE FOR OR PURCHASE ANY LKD TOKENS. THE CONTENT OF THIS WEBSITE IS NOT INTENDED TO BE READ IN THE “PROHIBITED COUNTRIES” (AS LISTED IN SCHEDULE 1 AS AMENDED FROM TIME TO TIME). IF YOU ARE LOCATED IN THE PROHIBITED COUNTRIES, PLEASE LEAVE THIS WEBSITE IMMEDIATELY.

THE CONTENT OF THIS WEBSITE IS NOT BEING ISSUED IN THE UNITED STATES OF AMERICA AND SHOULD NOT BE DISTRIBUTED TO U.S. PERSONS OR PUBLICATIONS WITH A GENERAL CIRCULATION IN THE UNITED STATES. THIS DOCUMENT DOES NOT CONSTITUTE A PROSPECTUS ACCORDING TO ART. 652a AND 1156 OF THE SWISS CODE OF OBLIGATIONS OR A PROPSECTUS WITHIN THE MEANING OF DIRECTIVE 2003/71/EC, AS AMENDED FROM TIME TO TIME, INCLUDING BY DIRECTIVE 2010/73/EU, “THE PROSPECTUS DIRECTIVE”).

Potential and actual LKD Tokens Owners are aware and understand that certain jurisdictions restrict or may restrict in future their residents or citizens from participating in any ICO, token sales, use of cryptocurrencies, or use of any cryptocurrency exchanges for any reason. LakeDiamond SA does not bear any liability for any possible current or future impossibility to convert, hold, use or otherwise keep LKD Tokens because of the aforementioned or any other possible restrictions.

LKD Tokens may not be converted, held, used or otherwise kept if legal restrictions apply, in particular but non-exclusively, to residents or citizens from Prohibited Countries. It is the responsibility of Potential and actual LKD Tokens Owners to seek legal advice in their jurisdiction to identify any such legal restrictions. LakeDiamond SA shall have the right at any anytime, at its sole discretion and by any means, to exclude, ban or otherwise restrict the participation in the Token Sale or otherwise restrict the LKD Tokens Owners’ possibility of converting, holding, using or in any other way keeping LKD Tokens if the respective Customer does not meet eligibility requirements set forth by LakeDiamond SA for the purpose of the LKD Tokens Sale or on other grounds.

All information contained in this website are made available upon request of interested persons with the understanding that the authors, publishers, distributors and advisors are not rendering legal, accounting, tax or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. In no event shall LakeDiamond SA and/or its advisors be liable for any direct, indirect, special, incidental or consequential damages arising out of the use of any opinion or information expressly or implicitly contained in this publication.

SCHEDULE 1

The United States (including its territories and dependencies, any state of the United States and the District of Columbia), Afghanistan, Angola, Anguilla (Isle), Antigua and Barbuda (Isle), Aruba, Australia, Bangladesh, Belarus, Benin, Bhutan, Bolivia, Botswana, Brunei Darussalam, British Indian Ocean Territory, Burundi, Burkina Faso, Bosnia, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central Africa republic, Chad, People’s Republic of China, Comoros, Congo, Congo Democratic republic, Cuba, Djibouti, Dominica, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji (Isle), French Guiana (Isle), French Polynesia (Isle), Gabon, Gambia, Ghana, Guam (Isle), Guatemala, Guyana, Guinea, Guinea Bissau, Haiti, Honduras, Iran, Iraq, Ivory Coast, Jordan, Kenya, Kiribati, Kosovo, Kyrgyz Republic, Laos People’s Republic, Lebanon, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Maldives, Mauritania, Mayotte (Isle), Micronesia, Moldova, Mongolia, Montenegro, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, Nicaragua, Niger, Nigeria, Niue, Northern Mariana Islands, North Korea, Oman, Pakistan, Palau (Isle), Palestinian Areas, Papua New Guinea, Paraguay, Reunion, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Somalia, South Georgia, Serbia, South Korea, Sudan, South Sudan, Sri Lanka, Suriname, Syria, Swaziland, Tajikistan, Tanzania, Timor, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkmenistan, Tuvalu (Isle), Uganda, Ukraine, Uzbekistan, Vanuatu, Venezuela, Western Sahara, Yemen, Zambia, Zimbabwe, all countries and territories listed by the Financial Action Task Force as a “non-cooperative country or territory” and all countries, persons or entities listed on the State Secretariat for Economic Affairs’ website (SECO), as amended from time to time (sanktionsmassnahmen).


PRIVACY POLICY

Last updated: December 2018

LakeDiamond SA, having its registered office in Switzerland, CHE-141.951.583 (we, us or the Company), is committed to protecting and respecting your privacy. This Privacy Policy summarizes our practices regarding information collection, use and disclosure practices for the Company’s Website https://www.lakediamond.ch, the Company’s Initial Coin Offering (“ICO”), and the purchase of the Company’s products (“LD Products”) as provided for by the General Conditions of Sale and Delivery of the Company.

We collect and process personal data in accordance with the Federal Act on Data Protection (“FADP”) and, to the extent applicable, with the European General Data Protection Regulation (“GDPR”). Personal data that we collect and process may also be subject to contractual or professional confidentiality obligations applicable to us.

We collect and process personal data for the following purposes and legal bases:

a. For the performance of contractual obligations

We collect and process personal data as necessary for the performance of a contract to which you or a related person is a party, or to carry out pre-contractual measures that occur as part of a request.

b. For compliance with a legal obligation or in the public interest

We may be subject to various legal obligations which require us to collect and process personal data, including in relation to the provision of information about products and services, the prevention of money laundering activities, bribery, corruption, tax frauds as well as other frauds and crimes, the recording of phone conversations, the satisfaction of any requirements of cooperation with, or reporting to, any competent public prosecution, supervisory, administrative or tax authority or court, as well as the assessment and management of risks.

c. For the purposes of safeguarding legitimate interests

When necessary, we collect and process your personal data for the purpose of the legitimate interests pursued by us or a third party, if such processing does not unduly affect your interest or fundamental rights and freedoms. Examples include the development of our business relationship with you, the market studies and advertising, unless you have objected to the use of your data for marketing, measures for the security of our properties and systems, the recording of phone conversations to verify instructions, improve the quality of our services or to safeguard our rights, the exercise or defense of actual or potential legal claims, or the conduct of investigations or similar proceedings, review and improvement of our internal processes and organization, the evaluation of certain characteristics of data subject on the basis of automatic processing of personal data (e.g. analytical tools).

d. On the basis of your consent

To the extent that the collecting and processing of your personal data requires that you give your prior consent thereto, we will ask for your consent in due time. Any consent granted may be revoked at any time. Please be advised that the revocation of your consent shall only have effect for the future. Any processing that was carried out prior to the revocation shall not be affected thereby. If you submit an objection, we will no longer process your personal data unless we can give evidence of a legal or contractual obligation, mandatory, legitimate reasons for processing which take precedence over your interests or rights or if processing serves to assert, exercise or defend legal claims.

The provision of personal data may be mandatory, for instance in connection with compliance with applicable laws and regulations. If the required data are not provided, this may preclude us from establishing or pursuing a business relationship or from rendering services to you.

When you visit the Company’s Website, participate to the Company’s ICO or purchase LD Products, you may provide the Company with two types of information: personal data you knowingly and voluntarily choose to disclose, and personal data that we automatically collect as you browse the Company’s Website or participate to the Company’s ICO.

A. Information you give us

This includes any personal information that you give us by filling in forms on the Company’s Website, in connection with the Company’s ICO, when purchasing LD Products or by corresponding with us by phone, e-mail or otherwise. It also includes information you provide when you register to use the Company’s Website, participate to the Company’s ICO (subject to the terms and conditions of the LKD Tokens), when you report a problem with the Company’s Website or in relation with the purchase of LD Products as the case may be. The information you give us may include your name, address, e-mail address and phone number, date of birth, financial information (e.g. utility bill; IBAN), personal description and photograph, crypto-wallets addresses and any other personal data provided to us.

B. Information we collect about you

With regard to each of your visits to the Company’s Website or your participation to the Company’s ICO, we will automatically collect the following information:

a. Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information (if applicable), browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from the Company’s Website (including date and time), information you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), methods used to browse away from the page and any information of yours related to contact our customer service team (e.g. phone number).

b. Information we receive from other sources. This is information we receive about you from public domain, third parties or other websites we operate or the other services we provide. Third parties we work with include: those assisting in know-your-customer (“KYC”) collection and processing KYC information, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies.

The Company’s Website uses cookies. A cookie is a small file of letters and numbers that we put on your computer. These cookies allow us to distinguish you from other users of the Company’s Website, which helps us to provide you with a good experience when you browse the Company’s Website and also allows us to improve the Company’s Website. The cookies we use are session or time-based. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Company’s Website or severely impact the functionality of the Company’s Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Company’s Website.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. We use Google Analytics and these cookies are likely to be analytical/performance cookies or targeting cookies.

We use your personal information to communicate with you — if and when necessary — in connection with your use of the Company’s Website, your participation to the Company’s ICO, in relation with the purchase of LD Products, to respond to your questions, or to send you material and information you request. We may also use information held about you in the following ways:

A. Information you give us

We will use this information:

a. To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and products that you request from us;

b. To provide you with information about other products we offer;

c. To provide you with information about industrial or commercial client’s offer we receive;

d. To ensure that content from the Company’s Website is presented in the most effective manner for you and for your computer.

B. Information we collect about you

We will use this information:

a. To manage the Company’s Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

b. To improve the Company’s Website to ensure that content is presented in the most effective manner for you and for your computer;

c. As part of our efforts to keep the Company’s Website safe and secure;

d. To pass information from partners who link to us and partners we link to regarding usage and users for marketing and advertising purposes;

e. To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and

f. To make suggestions and recommendations to you and other users of the Company’s Website about products that may interest you or them.

In addition, we will combine information we receive from other sources with information you give us and information we collect about you and (depending on the types of information we receive) use it as described above.

You agree that we have the right to share your personal information:

a. With any member of our group and selected third parties including:

i. Third parties that assist with KYC collection of information or process KYC information, suppliers and vendors necessary for the performance of the products we provide;

ii. Google Analytics, other analytics providers and search engine providers that assist us in the improvement and optimisation of the Company’s Website; and

iii. Fraud and crime prevention agencies for the purpose of assessing the risk of crime, fraud and money laundering and this is a condition of us entering into any contract with you. This is not an automated decision-making process.

b. To fulfill the purpose for which you provide it.

c. For any other purpose disclosed by us when you provide the information.

d. With your consent.

We will also disclose your personal information to third parties:

a. As required by law.

b. In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.

c. If the Company, or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

d. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Website’s terms of use, the LKD Tokens T&Cs, the terms and conditions of a sale, and other agreements; or to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, money laundering prevention and credit risk reduction.

e. To ensure that we can successfully seek to complete our ICO and to meet our legal and contractual obligations to you related to the ICO.

f. To avoid crime, money laundering and the risk of fraud allegations by sharing the information with lawyers, accountants and other professionals assisting us in these kinds of matters.

g. To ensure that we have relevant information on persons wishing to contribute to our ICO by disclosing the information to third-parties assisting us in verifying and processing customer information like a KYC processing vendor.

h. In order to provide relevant information to regulators, government agencies and banks that may request information on the ICO.

All information you provide to us is stored on our and third parties performing KYC procedures servers. We do not intend to keep personal data any longer than is necessary for the purposes for which the personal data is processed and used. In addition, we might process your personal data after the termination of our business relationships for operational purposes in accordance with the applicable laws as well as pursuant to various retention and documentation obligations.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA), including in particular, Israel, Canada and the United States as well as to countries which are deemed to have privacy/data protection rules that are not equivalent to FADP and/or GDPR and for which no appropriate contractual guarantee and/or binding corporate rules will be implemented. It may be processed by staff operating outside the EEA who works for us or for one of our suppliers. This includes staff engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure an adequate level of data protection and that your data is treated securely and in accordance with this policy.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Company’s Website or in connection with the Company’s ICO; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Subject to any applicable restrictions or requirements, you have the right to (i) request access to, and receive copy of, your personal data, (ii) request rectification of your personal data if they are inaccurate, (iii) request erasure of your personal data when the processing is not or no longer necessary for the Purposes, subject to applicable retention records, (iv) request a restriction of the processing of your personal data subject to the restrictions, (v) object to the processing of your personal data, in which case we will no longer process your personal data unless we have compelling legitimate grounds to do so and if applicable, (vi) receive your personal data in structured, commonly used and machine-readable format (data portability). You may exercise these rights by submitting a request to the following address: dataprotection@lakediamond.ch. In addition, you have the right to be informed about the personal data stored and the purpose of the processing at any time. You may also lodge a complaint with the competent data protection supervisory authority if you believe that our processing of your personal data infringes applicable data protection laws.

The Company’s Website provides users the opportunity to opt-out of receiving communications from the Company at the point where we request information about the visitor. You have the option of reviewing or removing your information from our database, and to no longer receive communication from us. If you request your account information be deleted from our database, we may maintain information about individual sales transactions for the purpose of recordkeeping and servicing.

You can send your request via e-mail to dataprotection@lakediamond.ch, or by mail to LakeDiamond SA, Rue Galilée 7, 1400 Yverdon-les-bains, Switzerland.

By using the Company’s Website, you consent to our collection and the use of your personal information as described in this Privacy Policy. This Privacy Policy is not a contractual binding document. We reserve the right to amend it from time to time. If this Privacy Policy has been updated, we will take steps to inform you of the update by appropriate means.

Questions, comments and requests regarding this Privacy Policy and/or your personal data are welcomed and should be addressed to us at dataprotection@lakediamond.ch or by mail to LakeDiamond SA, Rue Galilée 7, 1400 Yverdon-les-bains, Switzerland.


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LakeDiamond

Ultrapure lab-grown diamonds for high tech applications

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