Effective Date: 3 November 2023
1. ABOUT THIS POLICY
1.2.1. access or use our websites and applications (including mobile and web-based applications) (collectively, “Applications”), and services; and/or
1.2.2. provide us with your personal data.
Email: [email protected]
This does not affect your statutory rights. For example, if the GDPR applies to you, you may also have a right to lodge a complaint with a European supervisory authority, in particular in the Member State in the European Union where you are habitually resident, where you work or where an alleged infringement of Data Protection law has taken place. When you contact us, we may require that you submit certain forms or provide certain information, including verification of your identity, before we are able to respond.
3. WHAT PERSONAL DATA WE COLLECT
3.1. What is personal data. “Personal data” is data that can be used to identify a natural person. Examples of personal data include wallet addresses, and user-specific information for analytical purposes, email addresses and any other information of a personal nature.
3.2. Voluntary provision of personal data. We may collect personal data (1) that you voluntarily provide to us; or (2) from third parties; or (3) through your use of our (or our services provider's) digital technologies and services (Please see Section 4 How We Collect Personal Data for further details). What personal data we collect depends on the purposes for which the personal data is collected and what you have chosen to provide. When our collection is based on consent, you can choose not to provide us with personal data. You also have the right to withdraw your consent for us to continue collecting, using, disclosing and processing your personal data, by contacting us in accordance with paragraph 1.7. However, if you do so, it may not be possible for us to fulfil the purposes for which we require the personal data, including processing your transactions or providing you with the products and services that you require.
3.4. Accuracy and completeness of personal data. You are responsible for ensuring that all personal data that you provide to us is true, accurate and complete. You are responsible for informing us of any changes to your personal data.
3.5. Minors. Our Applications and/or services are not intended to be accessed or used by children, minors or persons who are not of legal age. If you are a parent or guardian and you have reason to believe your child or ward has provided us with their personal data without your consent, please contact us.
3.6. Excluded Persons and Excluded Jurisdictions. Our Applications and/or services are also not intended for Excluded Persons, and/or access and/or use in Excluded Jurisdictions. Please refer to the relevant terms (including the Foundation Delegation Program Terms and Conditions) for the specific excluded persons and jurisdictions.
4. HOW WE COLLECT PERSONAL DATA
4.1. Personal data you provide. We collect personal data that is relevant to our relationship with you. We may collect your personal data directly or indirectly through various channels, such as when:
4.1.1. you download, access or use our Applications and services;
4.1.2. you authorise us to obtain your personal data from a third party;
4.1.3. you enter into agreements with us;
4.1.4. you transact with us, contact us or request that we contact you through various communication channels, for example, through social media platforms (such as Discord), messenger platforms (such as Telegram and Slack), face-to-face meetings, telephone calls, emails, fax and letters; your request to be included in an e-mail or our mailing list;
4.1.5. we seek information about you and receive your personal data in connection with your relationship with us; and/or
4.1.6. when you submit your personal data to us for any other reason.
4.2. Personal data provided by others. Depending on your relationship with us, we may also collect your personal data from third party sources, for example, from:
4.2.1. any third parties whom you have authorised us to obtain your personal data from;
4.2.2. entities in which you (or a party connected to you) have an interest;
4.2.3. our business partners such as third parties providing services to us;
4.2.4. your family members or friends who provide your personal data to us on your behalf; and/or
4.2.5. public agencies or other public sources.
5. WHAT WE DO WITH YOUR PERSONAL DATA
5.1. What we do. We collect, use, disclose and process your personal data where:
5.1.1. you have given us consent;
5.1.2. necessary to comply with our legal or regulatory obligations, e.g. responding to valid requests from public authorities;
5.1.3. necessary to support our legitimate business interests, provided that this does not override your interests or rights; and
5.1.4. necessary to perform a transaction you have entered into with us, or provide a service that you have requested or require from us.
5.2. General purposes. We collect, use, disclose and process your personal data for purposes connected or relevant to our business, to manage your relationship with us. Such purposes would include:
5.2.1. carrying out your transactions with us and our business partners, taking steps as may be directed by you, or to provide products and/or services to you;
5.2.2. facilitating your use of our Applications, including verifying and establishing your identity, and authenticating, operating and maintaining user accounts;
5.2.3. facilitating business asset transactions;
5.2.4. communicating with you, and assisting you with your queries, requests, applications, complaints, and feedback;
5.2.5. resolving any disputes, investigating any complaint, claim or dispute or any actual or suspected illegal or unlawful conduct;
5.2.6. administrative purposes, including finance, IT and HR purposes, quality assurance and staff training, and compliance with internal policies and procedures, including audit, accounting, risk management and record keeping;
5.2.7. carrying out research and statistical analysis, including development of new products and services or evaluation and improvement of our existing products and services;
5.2.8. security purposes, e.g. protecting our Applications and services from unauthorised access or usage and to monitor for security threats;
5.2.9. compliance with any legal or regulatory obligations, applicable laws, regulations, codes of practices, guidelines, or rules (including anti-money laundering and countering the financing of terrorism laws), or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
5.2.10. performing data analytics and related technologies on data, to enable us to deliver relevant content and information to you, and to improve our Applications and services;
5.2.11. managing and engaging third parties or data processors that provide services to us, e.g. IT services, technological services, delivery services, and other professional services;
5.2.12. carrying out our legitimate business interests;
5.2.13. such purposes that may be informed to you when your personal data is collected; and/or
5.2.14. any other reasonable purposes related to the aforesaid.
Where personal data is used for a new purpose and where required under applicable law, we shall obtain your consent.
5.3. Legitimate business interests. We may also collect, use, disclose and process your personal data for the following purposes to support our legitimate business interests, provided that this does not override your interests or rights, which include:
5.3.1. managing our business and relationship with you, and providing services to our customers;
5.3.2. assistance of carrying out corporate restructuring plans;
5.3.3. complying with internal policies, and procedures;
5.3.4. protecting our rights and interests, and those of our customers;
5.3.5. enforcing our terms and conditions, and obligations owed to us, or protecting ourselves from legal liability;
5.3.6. managing our investor and shareholder relations; and
5.3.7. process or share your personal data to facilitate acquisitions, mergers, or transfers of our business.
Marketing purposes. In order for us to market products, updates, events and services which are of specific interest and relevance to you, we may analyse and rely on your personal data provided to us, or data collected from your interactions with us However, no marketing, using your personal data in non-aggregated and/or identifiable form would be carried out unless you have provided us with your consent to use your personal data for such marketing purposes. If you do not want us to use your personal data for the purposes of marketing you can withdraw your consent at any time by contacting us in accordance with paragraph 1.7.
5.5. Use permitted under applicable laws. We may also collect, use, disclose and process your personal data for other purposes, without your knowledge or consent, where this is required or permitted by law. Your personal data may be processed if it is necessary on reasonable request by a law enforcement or regulatory authority, body or agency or in the defence of a legal claim. We will not delete personal data if relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved.
5.6. Contacting you. When we contact or send you information for the above purposes and purposes for which you have consented, we may do so by post, e-mail, SMS, telephone or such other means provided by you. If you do not wish to receive any communication or information from us, or wish to restrict the manner by which we may contact or send you information, you may contact us in accordance with paragraph 1.7 above.
6. USE OF AUTOMATED DATA COLLECTION TECHNOLOGIES
6.1. Cookies. In order to improve our products or services, we collect data by way of “cookies”. A cookie is a small file of letters and numbers that we store via your browser on the hard drive of your computer or mobile device. There are three main types of cookies:
6.1.1. Session cookies: specific to a particular visit and limited to sending session identifiers (random numbers generated by the server) so you don't have to re-enter information when you navigate to a new page or check out. Session cookies are not permanently stored on your device and are deleted when the browser closes;
6.1.2. Persistent cookies: record information about your preferences and are stored in your browser cache or mobile device (if applicable); and
6.1.3. Third party cookies: placed by someone other than us which may gather data across multiple websites or sessions.
6.2.1. Strictly necessary: These cookies are essential for you to browse our Applications and use its features. The information collected relates to the operation of the Applications (e.g. website scripting language and security tokens) and enables us to provide you with the service you have requested.
6.2.2. Functionality: These cookies remember the choices you have made, for example the country you visit our Website from, your language and any changes you have made to text size and other parts of the web pages that you can customise to improve your user experience and to make your visits more tailored and enjoyable.
6.2.3. Performance/analytics: These cookies collect information on how users use our Website, for example which pages you visit most often, whether you receive any error messages and how you arrived at our Applications. Information collected by these cookies is used only to improve your use of our Applications. These cookies are sometimes placed by third party providers of web traffic and analysis services. We use Google Analytics. For information on how Google processes and collects your information and how you can opt out, please click here.
We may also automatically collect and store certain information about your interaction with our Applications including IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps and related data.
6.3. Other technologies. In addition to cookies, we may use some other similar technologies as follows (as and where applicable):
6.3.1. Web Beacons: small graphic images included on our Applications or emails or those of third parties to provide analytics information.
6.3.2. Social widgets: buttons or icons provided by third party social media networks which may collect browsing data and will be received by the third party and are controlled by the third party.
6.3.3. SDKs: these are mobile application third party software development kits used in our apps. They enable us to collect information about app activity and the device it runs on.
6.3.4. Local shared objects: these are sometimes called flash cookies and can be stored on your browser. They are used to maintain preferences and usage records.
6.5. Mobile Opt-out. Where applicable if we do support a mobile version of our product - If you access our Applications through mobile devices, you can enable a "do not track" feature so as to control interest-based advertising on an iOS or Android mobile device by selecting the Limit Add Tracking option in the privacy section of your Settings on iOS or via advertising preferences on Android devices (e.g. in Google Settings). This will not prevent the display of advertisements but will mean that they will no longer be personalised to your interests.
6.5.1. To opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout
6.5.2. For more information on managing cookies, please go to www.allaboutcookies.org
6.6. If you are a resident in the EU. For more information on managing cookies, please visit www.youronlinechoices.eu and www.aboutcookies.org. The above links have further information about behavioural advertising and online privacy.
7. DISCLOSURE OF PERSONAL DATA
7.1 Disclosure to related parties. We may disclose or share your personal data with our related parties in order to provide our services to you, manage our shareholder and investor returns, for management and compliance purposes, and to utilise shared group IT functions.
7.2 Disclosure to third parties. We may also disclose your personal data to third parties in connection with purposes described in paragraph 5, including without limitation the following circumstances:
7.2.1. disclosing your personal data to third parties who provide services to us (including, but not limited to, data providers, technology providers, insurance providers, and other professional services (including accountants, lawyers and auditors));
7.2.2. disclosing your personal data to third parties in order to fulfil such third party products and/or services as may be requested or directed by you;
7.2.3. disclosing your personal data to third parties that we conduct marketing and cross promotions with;
7.2.4. disclosing your personal data to authorities, governments, law enforcement agencies or public agencies;
7.2.5. If we are discussing selling or transferring part or all of our business – the information may be transferred to prospective purchasers under suitable terms as to confidentiality;
7.2.6. If we are reorganised or sold, information may be transferred to a buyer who can continue to provide continued relationship with you; and
7.2.7. If we are defending a legal claim your information may be transferred as required in connection with defending such claim.
7.3. When disclosing personal data to third parties, we will (where appropriate and permissible) enter into contracts with these third parties to protect your personal data in a manner that is consistent with all applicable laws and/or ensure that they only process your personal data in accordance with our instructions.
8. TRANSFER OF PERSONAL DATA TO OTHER COUNTRIES
8.1. Transfers. We may transfer your personal data to different jurisdictions in connection with the purposes described in paragraph 5:
8.1.1. from the jurisdiction where it is collected (or where you are located) to any other jurisdictions that we operate in; and
8.1.2. to third parties in other jurisdictions.
8.2. Safeguards. Where we transfer your personal data across jurisdictions, we will ensure that your personal data is protected in accordance with this policy and applicable laws regardless of the jurisdictions they are transferred to, but in any event to a level that is no less stringent than the jurisdiction from which the personal data is transferred. When we transfer your personal data internationally and where required by applicable law we put in place appropriate safeguards including EU Model Clauses or rely on EU Commission adequacy decisions. You may obtain details of these safeguards by contacting us.
9. SECURITY AND RETENTION OF PERSONAL DATA
9.1. Unauthorised access. While we take reasonable precautions to safeguard your personal data in our possession or under our control, you agree not to hold us liable or responsible for any loss or damage resulting from unauthorised or unintended access that is beyond our control, such as hacking or cybercrimes.
9.2. Vulnerabilities. We do not make any warranty, guarantee, or representation that your use of our systems or applications is safe and protected from malware, and other vulnerabilities. We also do not guarantee the security of data that you choose to send us electronically. Sending such data is entirely at your own risk.
9.3. Period of retention. We retain your personal data only for as long as is necessary to fulfil the purposes we collected it for, and to satisfy our business and/or legal purposes, including data analytics, audit, accounting or reporting purposes. How long we keep your personal data depends on the nature of the data, e.g. we keep personal data for at least the duration of the limitation period for bringing claims if the personal data may be required to commence or defend legal proceedings. Some information may also be retained for longer, e.g. where we are required to do so by law.
9.4. Anonymised data. In some circumstances we may anonymise your personal data so that it can no longer be associated with you, in which case we are entitled to retain and use such data without restriction.
10. YOUR RIGHTS
10.1. Rights you may enjoy. Depending on the jurisdiction that you are in or where we operate, you may enjoy certain rights under applicable law in relation to our collection, use, disclosure and processing of your personal data. Such rights may include:
10.1.1. Access: you may ask us if we hold your personal data and, if we are, you can request access to your personal data. This enables you to receive a copy of and information on the personal data we hold about you.
10.1.2. Correction: you may request that any incomplete or inaccurate personal data we hold about you is corrected.
10.1.3. Erasure: you may ask us to delete or remove personal data that we hold about you in certain circumstances.
10.1.4. Restriction: you may withdraw consent for our use of your personal data, or ask us to suspend the processing of certain of your personal data about you, for example if you want us to establish its accuracy.
10.1.5. Portability: you may request the transfer of certain of your personal data to another party under certain conditions.
10.1.6. Objection: where we are processing your personal data based on a legitimate interest (or those of a third party) you may object to processing on this ground.
If you wish to exercise any of your rights, you may contact us in accordance with paragraph 1.7. We may require that you submit certain forms or provide certain information to process your request. Where permitted by law, we may also charge you a fee to process your request.
10.2. Limitations. We may be permitted under applicable laws to refuse a request, for example, we may refuse (a) a request for erasure where the personal data is required for in connection with claims; or (b) an objection request and continue processing your personal data based on compelling legitimate grounds for the processing.