References to “you” or “your” in this privacy notice are to the individual who is accessing or applying to use our Services (as defined below) either on your own account or on behalf of a business. This includes, in relation to our customer or prospective customer, any sole trader and any principals, including the managing and financial directors, any other directors and officers, shareholders, partners and beneficial owners of a customer, as well as any member of staff accessing or using our Services on behalf of a customer.
This notice shows our commitment to protect your privacy rights and sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed by us. It applies to:
- the website/portal features and services provided to you when you visit our website
- your use of software including terminals, mobile and desktop applications provided by us; and
- email, other electronic messages including SMS, telephone, web chat, website/portal and other communications between you and us.
Together these are all referred to in this notice as “our Services”.
Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.
“DPL” herein means data protection law applicable to us, including the Swiss Federal Act on Data Protection (CC 235.1 Federal Act of 19 June 1992 on Data Protection (FADP)) and the EU General Data Protection Regulation 2016/679, their successors or implementing texts. Personal Data” has the meaning set forth in DPL. This notice covers our use of your Personal Data arising from use of our website (www.chainXcommerce.com) as well as registering / subscribing / buying / selling / using our products and services. If you have any questions or need any further clarity please get in touch. Contact details are set out below in the Contact Us section.
- The types of Personal Data we collect and how it may be used;
- How and why we may disclose your Personal Data to third parties;
- The transfer of your Personal Data within and outside of Switzerland and the European Economic Area (“EEA”);
- Your statutory rights concerning your Personal Data;
- The security measures we use to protect and prevent the loss, misuse, or alteration of Personal Data; and
- Our retention of your Personal Data.
Collection and use of personal information
A. Personal Information We Collect
We collect Personal Data to provide you with our Services. When we require certain personal information from users it is because we are required by law to collect this information or it is relevant for specified purposes. Any information you provide to us that is not required is voluntary. You are free to choose whether to provide us with the types of personal information requested, but we may not be able to serve you as effectively or offer you all of our Services when you do choose not to share certain information with us.
- Personal Identification Information: Full name, date of birth, age, nationality, gender, signature, utility bills, photographs, phone number, home address, and/or email.
- Account information, such as username, password, account settings and preferences;
- Financial information, such as bank account numbers, bank statement, and trading information;
- Formal Identification Information used for identity verification: Tax ID number, passport number, driver’s license details, national identity card details, photograph identification cards, and/or visa information.
- Residence verification information, such as utility bill details or similar information;
- Information regarding the way in which you use our services, such as when you used our services and the specific services used; and
- Information relating to communications with us, whether through our website or via e-mail, over the phone or via any other medium.
- Employment Information: Office location, job title, and/or description of role.
- Transaction Information: Information about the transactions you make on our Services, such as the name of the recipient, your name, the amount, and/or timestamp.
- Online Identifiers: Geo location/tracking details, browser fingerprint, OS, browser name and version, and/or personal IP addresses.
- Usage Data: Survey responses, information provided to our support team, public social networking posts, authentication data, security questions, user ID, click-stream data and other data collected via cookies and similar technologies. Please read our Cookie Statement for more information.
- Any other information that you or your customer provide to us.
We also automatically collect certain computer, device and browsing information when you access our website or use our Services. This information is aggregated to provide statistical data about our users’ browsing actions and patterns, and does not personally identify individuals. This information may include:
- Computer or mobile device information, including IP address, operating system, network system, browser type and settings. This information may be directly obtained by us or through third party services such as Google Analytics and other tracking tools. This service usage data helps us our systems to ensure that our interface is accessible for users across all platforms and can aid during criminal investigations;
- Website usage information.
We also collect information through our applications.if you download or use mobile or desk top applications provided by us, we may receive information about your location and your device or the service you are using (including where a payment transaction takes place). Some devices allow applications to access real-time location-based information (for example GPS). Our mobile and desktop apps may collect such information from your mobile device or your computer at any time while you download or use our apps, if your device has real-time location data access enabled. Where required, we will always seek to notify you if it is our intent to collect real-time location information and, also where required by law, obtain your consent. We may use such information for regulatory purposes, our own due diligence checks, to better understand transaction patterns and to optimise your experience.
We may receive information about you from other sources and add it to our account information. For example, we work closely with, and receive information from, third parties like business partners, financial institutions, merchants, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference and fraud prevention agencies. Credit reference and fraud prevention agency use is further explained below. We may also review public comments and opinions made on social networking sites (e.g. Facebook and Twitter) to better understand our customers and our provision and development of our Services.
Finally, we may collect Personal Data from third party partners and public sources, which include:
- Reputational information;
- Financial information;
- Business activities of corporate customers.
We need to collect certain types of information for compliance with legal requirements relating to our anti-fraud/anti-money laundering/counter financing of terrorism/know your customer obligations. If this information is not provided we will not be able to provide a service for you. Your Personal Data may also be processed if it is necessary on reasonable request by a law enforcement or regulatory authority, body or agency or in the defense of legal claims. 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. We may perform behavioral tracking of a customer’s activities on our website or across different websites, or allow third-party data collection through our Service.
It is important to note that the Personal Data we collect on you when you create an account will be retained for the mandatory retention period set forth by applicable law and as necessary for us to maintain an exhaustive documentation of our operations as required from us as regulated financial sector professionals, even if your account has not been successfully activated (e.g., if account verification has not been completed) or no transaction has been made using it.
Our privacy notice has incorporated elements from the General Data Protection Regulation (GDPR) as we act in accordance to its personal information processing rules within the European Economic Area (EEA). For individuals who reside in the European Economic Area (including the United Kingdom) or Switzerland (collectively “EEA Residents”), pursuant to Article 6 of the EU General Data Protection Regulation (GDPR) or any equivalent legislation (collectively “EEA Data Protection Law”), we process this personal information to comply with our legal obligations.
- Technical information, including the Internet protocol (IP) address used to connect your computer or device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system platform;
- Information about your visit or whether you opened an email, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products or services you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs) and methods used to browse away from the site page and any phone number used to call our customer service number.
We use third party service provider(s), to assist us in better understanding the use of our website. Our service provider(s) will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our site, what products are browsed, and general Transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors’ interests in our website and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using the Platform. Our service provider(s) is/are contractually restricted from using information they receive from our website other than to assist us.
If you want to avoid using cookies altogether, you can disable cookies in your browser. However, disabling cookies might make it impossible for you to use certain features or our website or services, such as logging on to your Account with us or making transactions. Your use of our website or service with a browser that is configure to accept cookies constitutes an acceptance of our and third-party cookies.
For more information about cookies, the types of cookies we use and how we use them please see our Cookie Statement.
C. How We Use Your Personal Information
We collect and use your information for a variety of reasons. We need some information to enter into and perform our contract – for example your contact and payment details. Some information processing is required by law due to our anti-fraud screening obligations or in the public interest such as making sure we verify our customers’ identities.
Some information is processed because you’ve given your consent to that, which can be withdrawn in your account preferences and settings. Other information we collect and use because we have legitimate business interests to so, having taken into account your rights, interests and freedoms.
We may use your Personal Information to:
- Create and administer your account with us and generally for accounting, billing, maintenance of legal documentation and claim and dispute management. Related processing operations are necessary for the performance of a contract with you (or to take steps at your request prior to entering into a contract), and for compliance with legal obligations to which we are subject;
- Process your transactions through us. Related processing operations are necessary for the performance of a contract with you and for compliance with legal obligations to which we are subject;
- Personalise your Services experience with us. Related processing operations are necessary for purposes of our legitimate interests (that is, improving our services);
- Analyse our website usage, and improve our website and website offerings. Related processing operations are necessary for purposes of our legitimate interests (that is, improving and promoting our services);
- Help us respond to your customer service requests and support needs. Related processing operations are necessary for the performance of a contract with you, and for purposes of our legitimate interests (that is, improving our services and offering you the best experience);
- Contact you about our Services. The email address you provide may be used to communicate information and updates related to your use of our Services.
Automated Decisions Making
Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without our human review. We may make automated decisions on certain matters. For example, we may do this to decide whether we can provide our services to you based on a credit check/risk profiling. Depending on the outcome of the credit check/risk profiling, a decision will be reached automatically as to whether we are able to provide products or services to you based on your credit worthiness.
If you disagree with the decision you are entitled to contest this by contacting us at following email address: [email protected]
We may also occasionally communicate company news, updates, promotions and related information relating to similar products and services provided by us. We may also administer a contest, promotion, survey or other site features as will be more explained on the website. We shall only do this where you have given us your consent or otherwise where we are permitted to do so under the DPL in pursuit of our legitimate interests (that is, promoting our services).
We may share Personal Data with third parties to help us with our marketing and promotional projects, or sending marketing communications.
If you want to opt out of receiving promotional and marketing emails, text messages, post and other forms of communications from us [or our promotional partners] in relation to which you might receive in accordance with this section, you can best opt out by using one of the following ways:
- Log into your account and update your profile.
- Click “unsubscribe” at the bottom of an email we sent you.
- contact us at [email protected] to opt-out.
If you do opt out of receiving promotional and marketing messages, we can still contact you regarding our business relationship with you, such as account status and activity updates, survey requests in respect of products and services we have provided to you after you reserve from us, reservation confirmations or respond to your inquiries or complaints, and similar communications.
DISCLOSING AND TRANSFERRING PERSONAL DATA
We may disclose your Personal Data to third parties and legal and regulatory authorities, and transfer your Personal Data outside the UAE, as described below.
A. Disclosures to Third Parties
There are certain circumstances where we may transfer your Personal Data to employees, contractors and to other parties.
- We may also share your information with certain contractors or service providers. They may process your Personal Data for us, for example, if we use a marketing agency. Other recipients/service providers include advertising agencies, IT specialists, database providers, backup and disaster recovery specialists, email providers or outsourced call centres. Our suppliers and service providers will be required to meet our standards on processing information and security. The information we provide them, including your information, will only be provided in connection with the performance of their function;
- We may also share your information with certain other third parties. We will do this either when we receive your consent or because we need them to see your information to provide products or services to you. These include credit reference agencies, anti-fraud databases, screening agencies and other partners we do business with.
- We may share your information to improve and develop our business, including without limitation to optimise our websites/portals, products and services. This may include using information you insert into forms but do not submit to us, for example by using that information to optimise our website(s) and contacting you for customer services purposes in relation to that form. We can also use your personal information to develop and test new products and services.
Your Personal Data may be transferred to other third party organisations in certain scenarios:
- If we’re discussing selling or transferring part or all of our business – the information may be transferred to prospective purchasers under suitable terms as to confidentiality;
- If we are reorganised or sold, information may be transferred to a buyer who can continue to provide services to you;
- If we’re required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority – for example the Police;
- If we are defending a legal claim your information may be transferred as required in connection with defending such claim.
- To comply with local and national laws;
- To send marketing messages, to provide you with the information on products and services you have requested or we think may be of interest to you; to obtain your views on our goods, services and our website(s); in respect of marketing, market research and similar activities, we may use your personal information for such purposes whether or not you are accepted as or continue to receive our Services. If you no longer wish to receive marketing or promotional information from us, you can always stop it;
- To prevent, detect and prosecute fraud or crime, we may participate in anti-fraud initiatives, which involve assessing you (and/or your customers) and monitoring your transactions and/or locations, to detect patterns requiring investigations or otherwise profile and assess the likelihood of fraud occurring. We can do so utilizing products and services from third parties. Besides, if you give us false or inaccurate information about you, or we identify or suspect a fraud or a crime, we may pass your information to fraud prevention agencies and to law enforcement agencies, and we may decide to take legal action against you;
- To prevent or mitigate information security risk;
Your Personal Data may be shared if it is made anonymous and aggregated, as in such circumstances the information will cease to be Personal Data.
Your information will not be sold, exchanged, or shared with any third parties without your consent, except to provide our Services or as required by law.
Our third party service providers are contractually bound to protect and use such information only for the purposes for which it was disclosed, except as otherwise required or permitted by law. We ensure that such third parties will be bound by terms complying with DPL.
B. Disclosures to Legal Authorities
We may be required by law to pass information about you to regulatory authorities and law enforcement bodies worldwide, or we may otherwise determine that it is appropriate or necessary to do so. Such disclosures may also include requests from governmental or public authorities, or with commercial organizations with whom you may have had dealings and whom are seeking to mitigate fraud risk, or for the purposes of litigation or legal process, national security or where we deem it in the national or public interest or otherwise lawful to do so. As such, we may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:
- Compelled by court order, or other legal procedure.
- Disclosure is necessary to report suspected illegal activity.
C. International Transfers of Personal Data
We store and process your Personal Data in data centers around the world, wherever our facilities or service providers are located. As such, we may transfer your Personal Data outside of Switzerland and the European Union. Some of the countries to which your Personal Data may be transferred for these purposes that are located outside the EU do not benefit from an adequacy decision issued by the EU Commission regarding protection afforded to Personal Data in that country. Details of these specific countries can be found here:https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. Such transfers are undertaken in accordance with our legal and regulatory obligations and appropriate safeguards under DPL will be implemented, such as standard data protection clauses with data recipients or processors approved by competent authorities. A copy may be requested at the address set out in the Contact Us section.
YOUR STATUTORY RIGHTS
You have many rights concerning your Personal Data under DPL as mentioned below, and can exercise them by emailing us at [email protected]
Access: you are entitled to ask us if we are processing your information and, if we are, you can request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and certain other information about it to check that we are lawfully processing it. We process a large quantity of information, and can thus request, in accordance with the DPL, that before the information is delivered, you specify the information or processing activities to which your request relates.
Correction: you are entitled to request that any incomplete or inaccurate Personal Data we hold about you is corrected.
Erasure: you are entitled to ask us to delete or remove Personal Data in certain circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the Personal Data is required for compliance with law or in connection with claims.
Restriction: you are entitled to ask us to suspend the processing of certain of your Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
Transfer: you may request the transfer of certain of your Personal Data to another party.
Objection: where we are processing your Personal Data based on a legitimate interests (or those of a third party) you may challenge this. However we may be entitled to continue processing your information based on our legitimate interests or where this is relevant to legal claims. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
Automated decisions: you may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered.
You also have a right to lodge a complaint with a supervisory authority, in particular in the EU Member State where you reside, in Switzerland where we are based, or where an alleged infringement of Data Protection law has taken place. In Switzerland, you can make a complaint to The Federal Data Protection and Information Commissioner (FDPIC), which is the competent authority for data processing by federal bodies and private persons, including enterprises. As far as data processing by cantonal or communal authorities is concerned, the supervision is up to the cantonal and communal data protection commissioners. You can find all contact information by canton here: privatim.ch/de/privatim/
Please consider that, depending on the country from where you use our Services, not all the above rights may be available to you. Also, there might be cases where these rights cannot be enforced: for example, you cannot object to us using your information when it is required by the law, or to manage a complaint; similarly you cannot ask us to delete your information if you want to continue using our Services.
SECURITY OF PERSONAL DATA
We use a variety of security measures to ensure the confidentiality of your Personal Data, and to protect your Personal Data from loss, theft, unauthorised access, misuse, alteration or destruction. These security measures include, but are not limited to:
- Password protected directories and databases;
- Secure Sockets Layered (SSL) technology to ensure that your information is fully encrypted and sent across the Internet securely;
- PCI Scanning to actively protect our servers from hackers and other vulnerabilities.
All financially sensitive and/or credit information is transmitted via SSL technology and encrypted in our database. Only authorised members of our staff are permitted access to your Personal Data, and these personnel are required to treat the information as highly confidential. The security measures will be reviewed regularly in light of new and relevant legal and technical developments.
You are responsible for keeping your account passcode, membership numbers and pin numbers safe and secure. Do not share those with anyone. If there is an unauthorised use or any other breach of security involving your information, you must notify us below as soon as possible.
Please note, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to our site, unless you are communicating with us through a secure channel that we have provided. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
RETENTION OF PERSONAL DATA
- How long you have been our customer;
- whether there are contractual or legal obligations that exist that require us to retain the data for a certain period of time;
- whether there is any ongoing legal or financial claim that relates to your relationship with us;
- whether any applicable law, statute, or regulation allows for a specific retention period; and
- what the expectation for retention was at the time the data was provided to us.
While you use our Services, we will retain your personal information as long as necessary to provide you with the services of your choice. That would generally mean we retain your personal information as long as you are our customer and for a period of time afterwards. When our relationship with you ends, we still need to retain certain of your personal information for a time that depends on the legal and regulatory requirements of the country where you are located. For example, we will retain your information for the time allowed by the local laws to start a legal claim (so called “statute of limitation”), or for as long as we are ordered pursuant to on an order from the courts, or by law enforcement agencies or our regulators. In accordance with our record keeping obligations, we will retain Account and other Personal Data for at least five years (and some up to ten years, as required by applicable law) after an Account is closed.
DPL. means data protection law applicable to us, including the Swiss Data Protection Act, draft of September 2017, its successors or implementing texts as well as equivalent legislation, which is applies to the processing of Personal Data by us.
Personal Data. Information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. Personal Data does not include anonymised and/or aggregated data that does not identify a specific user;
Service(s). The technological platform, functional rules and market managed by us to permit Sellers and Buyers to perform purchase and sale transactions of Bitcoins and/or other Cryptocurrencies.
Transaction. Includes the following:
- The action between the Member to Buy and/or Sell cryptocurrencies through the Service for currencies at the market rate.
- The transfer of cryptocurrencies between Members (“Transfer Transaction”);
- The transfer of currencies among Members (“Currency Transfer Transaction”); and
- We may not offer all these transaction types at this time.
This notice is global in scope, but is not intended to override any legal rights or prohibitions in any territory where such rights or prohibitions prevail. In such event, the rights and obligations set out in this notice will apply, subject only to amendment under any applicable local law having precedence.
Attn: Data Protection Officer
You may also contact us at: +971XXXXXXXX.
You can also complain about our processing of your personal information to the relevant data protection authority. You can complain in the state where you live or work, or in the place where the alleged breach of data protection law has taken place. In Switzerland, The Federal Data Protection and Information Commissioner (FDPIC) is the competent authority for data processing by federal bodies and private persons, including enterprises. As far as data processing by cantonal or communal authorities is concerned, the supervision is up to the cantonal and communal data protection commissioners.