01 November 2018
1. DATA PROCESSED
1.1 We shall collect and process the following personal data about You:
(a) identity and contact details (Your name, surname, citizenship, date and place of birth, place of domicile, data of passport or another identity document, e-mail address, other data obtained within identity and address verification);
(b) data about transactions completed via the Application;
(c) details of Your payment instruments (i.e. instruments used for deposit and withdrawal of funds within the Application), including details of bank cards and cryptocurrency public addresses;
(d) communication with You, including its sound- and video-recording (phone and video calls, e-mails, chats);
(e) IP address;
(f) Your device ID;
(g) Your installation ID;
(h) level of blockchain knowledge (only for Belarusian citizens);
(i) appropriateness information: trading experience and level of education (only for high-leveraged clients);
(j) Your economic profile: employment status; annual income; source of income; current value of wealth; annual investment plans; investment objectives (only for high-leveraged clients);
(k) data on how You are using the Application;
(l) any other data You voluntarily provide to Us (in particular, when communicating with Our support team).
1.2 You may also provide Us with Your telephone number, if You want to use two-factor authentication while making use of the Application.
1.3 We may collect data that does not, on its own, allow to identify You (i.e. not personally identifiable data), including data about the browser and device You are using to access the Application (e.g. type of device, operation system, language, other device attributes and settings) and data about Your usage of the Application (e.g. type of connection, data about the session). We may collect, use, transfer, and disclose such not personally identifiable data for whatever legal purpose this information may serve as long as it is not traceable to You and therefore not categorised as personal data.
2. BASIS OF PROCESSING
2.1 Processing of Your personal data, mentioned in Clause 1.1, is a contractual requirement. We either have a regulatory obligation to collect those types of data or the legitimate interest of having them in order to provide the Services. Processing of Your telephone numberis based on Your consent, which is deemed to be received by voluntarily providing Us with the number (You are free not to provide the number).
2.2 Processing of Your personal data, mentioned in Clauses 1.1 (a), (b), (c), (d) and(h), is a regulatory obligation. We are obliged to collect the above personal data under Belarusian law, We are bound by, in order to be able to provide the Services to You. As a result, unless You provide Us with the above data You will not be able to trade via the Application.
2.3 Processing of Your personal data, mentioned in Clauses 1.1 (e), (f), (g), (i), (j) and (k), is necessary for Our legitimate interests. Legitimate interests mean the interests of Our company to conduct and manage Our business effectively and to enable Us to improve the Services and Your user experience. Here are the legitimate interests We pursue when collecting Your data under this Clause:
Our Legitimate Interest
|IP address||We need to know Your IP address (i) to be able to determine Your location (the country only), which We need to know in order to comply with legal obligations that may vary depending on Your location; (ii) for marketing attribution and analytics*.|
|Your device ID||We need to know Your device ID (i) to attribute Your device to You; (ii) for marketing attribution and analytics*.|
|Your installation ID||We need to know Your installation ID for marketing attribution and analytics*.|
|Appropriateness information: trading experience and level of education||This information is collected for those clients who are planning to trade, or are trading, with high leverage. Only individuals with sufficient trading experience, level of education and economic profile are eligible to trade with this level of leverage. This is required because leverage trading carries high risk, and involves the lending of significant funds by Currency.com.|
|Your economic profile: employment status; annual income; source of income; current value of wealth; annual investment plans; investment objectives||This information is required from clients who are planning to trade, or who are currently trading with high leverage. Only individuals with stable employment, relatively high annual income or high level of wealth are eligible to trade with this level of leverage. They must also be able to confirm the source of their high income or wealth and be able to submit an annual investment plan that identifies investment objectives. This is required because leverage trading carries high risk, and involves the lending of significant funds by Currency.com.|
|Data on how You are using the Application||We need to know this information to be able to effectively provide the Services to You (maintain and monitor the proper operation of the Application, fix any problems in its operation, improve the Services and Your user experience)|
* Marketing attribution and analytics enables Us to spend Our money wisely and effectively and optimize Our marketing spend and marketing (advertising) campaigns.
2.4 We ensure that We balance any potential impact on You and Your rights before We process Your personal data for Our legitimate interests. We do not use Your personal data for activities where Our interests are overridden by the impact on You (unless We have Your consent for that or are otherwise required or permitted by law).
2.5 In case You do not provide Us with, or opt-out from processing of, appropriateness information and Your economic profile, You will not be able to trade with high leverage.In case You do not provide Us with, or opt-out from processing of, data on how You are using the Application, We will not be able to effectively provide the Services to You.
3.1 You may opt-out from Our processing of:
(a) data for marketing attribution and analytics purposes;
(b) appropriateness information and Your economic profile;
(c) data on how You are using the Application; and
(d) Your e-mail for sending marketing or newsletter communication to You (see Clause 5.1 for more details).
3.2 You can exercise the opt-out by sending a relevant e-mail to firstname.lastname@example.org.
4. METHODS OF PROCESSING
4.1 We will treat all Your personal data as confidential and will share them only on a ‘need-to-know’ basis and only with third parties, mentioned in Section 6.
4.2 We will never sell Your personal data.
4.3 We will utilize automated decision-making in one case only – (1) when You are depositing small sums of cryptocurrency to Currency.com Account, and (2) our AML assessment provider assigns low score of risk of using the cryptocurrency public address You use for funds depositing in relation to money laundering, terrorist financing, fraud, or any other financial crime. If both these conditions are fulfilled the system will automatically accept loading of Your funds (i.e. Our personnel will not conduct any further investigations and assessment). If at least one of these conditions is not met We will conduct the risk assessment “manually”.
5. PURPOSES OF PROCESSING
5.1 We shall process Your personal data for the following purposes:
Type of data
For delivering the Services to You (including, maintaining and monitoring the proper operation of the Application, fixing any problems in its operation, dealing with Your enquiries, complaints and requests, processing Your deposits, withdrawals and transactions, conducting AML checks and other identification and verification procedures, communication with You, multi-level protection of Your funds, etc.)
For any purposes, going beyond those for which We have received Your data, when (1) We have legitimate interests for their processing and (2) Our interests are not overridden by Your interests, rights and freedoms.
In particular, Our legitimate interests shall involve:
· ensuring and protecting the safety and security of the Application, protecting Our Intellectual Property Rights and other rights;
· sending marketing or newsletter communication to Your e-mail. The communication will relate solely to the updates or changes in the Application, Our other products and news with respect to cryptocurrency trading. We will never use Your e-mail for sending You any advertising of third parties and third-party products. You are always able to opt-out from receipt of such communication by clicking “Unsubscribe” link in the e-mail text or by sending a relevant e-mail to email@example.com.
IP address, Your device and installation IDs
For marketing attribution and marketing automation
Your telephone number
To enable the two-factor authentication while using the Application.
6. SHARING OF DATA
6.1 You agree that We may share Your personal data when this is needed for the purposes of processing with the following categories of recipients:
(a) banking institutions and other payment service providers;
(b) the companies being in the same corporate group with Us;
(c) advertising platforms (networks) and analytics service providers (unless You opt-out from processing of Your data for marketing attribution and analytics purposes);
(d) geolocation providers;
(e) data storage providers;
(f) customer support automation providers, i.e. those processing enquiries, complaints, requests and other communication received from You;
(g) communication providers, i.e. those engaged for sending marketing, notification, news, transactional and other communication to You;
(h) AML risk assessment providers;
(i) verification providers (i.e. those verifying the information provided by You to Us, or those enabling to makesure that it is You who is accessing the Application or initiating requests via it);
(j) any other providers assisting Us with delivering and improving the Services for You.
6.2 If You do not want Us to share Your personal data with advertising platforms (networks) and analytics service providers You can turn off such sharing by sending an e-mail to firstname.lastname@example.org.
6.3 We may also share Your personal data when it is required by law and/or any regulatory authority. In particular, We may provide any information about You to High Technology Park of the Republic of Belarus (Our crypto exchange regulatory authority) when requested.
6.4 You acknowledge and agree that We and some of Our third-party providers with whom We share Your data (including those who directly collect such data via integration with the Application) are located out of European Union, in the countries where data protection and privacy regulations may be different from Your home country and offer a lower (even non-adequate) level of protection. You acknowledge and give Your explicit consent to such transfer and processing of Your data out of European Union in the countries where data protection and privacy regulations may be different from Your home country and offer lower (even non-adequate) level of protection.
6.5 All the third parties with which We share Your personal data only get the minimum amount of personal data that are reasonably required in order for them to provide their service to Us and therefore to You. The use of the shared information by such third parties is strictly limited to the purposes of processing outlined un Clause 5.1 and is not permitted for any other purpose. All third parties with which We share personal data are required to protect such personal data in accordance with all relevant laws and regulations and in a manner similar to the way We protect the same.
6.6 We will not share Your personal data with third parties which are considered as not being able to provide its clients and potential client with the required level of protection.
7. YOUR RIGHTS
7.1 You have the right:
(a) to obtain from Us transparent information regarding Our processing of Your personal data;
(b) to obtain from Us without undue delay the rectification of inaccurate personal data concerning You;
(c) to obtain from Us the erasure of Your personal data («right to be forgotten»), unless the erasure is prohibited by applicable law, We are bound by;
(d) to restrict Our processing of Your personal data, when it is permitted under applicable law;
(e) to obtain from Us Your personal data in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from Us;
(f) to object at any time to processing of Your personal data, when such processing is based on a legitimate interest;
(g) to request from Us erasure of Your personal data without undue delay after the retention period expires (Section 8);
(h) to request from Us communication of any rectification or erasure of personal data or restriction of processing to each recipient to whom Your personal data have been disclosed, unless this proves impossible or involves disproportionate effort;
(i) not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning You or similarly significantly affects You, unless such decision is necessary for entering into, or performance of, Terms and Conditions to which You are a party;
(j) to opt-out from Our processing in cases provided by Clause 3.1;
(k) to lodge a complaint against Us with a supervisory authority.
8. PERIOD OF PROCESSING
8.1 We shall store Your identity and contact details (Clause 1.1(a)), data about transactions completed via the Application (Clause 1.1(b)), details of Your payment instruments (Clause 1.1(c)) and level of blockchain knowledge (Clause 1.1(h)) for all the period of Terms and Conditionsto which You are a partyand within5 (five) yearsafter their termination, as this is the retention period required under Belarusian law, We are bound by. We shall store Your device ID for the same period to preserve the attribution of Your device to You.
8.2 We shall store communication with You (Clause 1.1(d))for the period of 5 (five) years after recording of such communication, as this is the retention period required under Belarusian law, We are bound by.
8.3 We shall store all the other personal data for all the period of Terms and Conditionsto which You are a party(unless You opt-out from their processing earlier in accordance with Section 3) and shall delete them without undue delay after termination of the Terms and Conditions.
9.2 Material Changes.
10. QUESTIONS AND COMPLAINTS
10.2 If You consider that Our collection, usage, disclosure and/or storage of Your personal data violate any applicable data protection laws We are bound by, please refer Your complaints to email@example.com. We will consider them within reasonable time and provide You with an answer.