Last Updated: 21st September 2018
In providing you with our website (our “Website”), enabling you to purchase tokens (the “Tokens”) and providing you with our virtual currency exchange and other related services (collectively, the “Services”), we naturally collect information about you.
References in this notice to “personal data” describes information that can be associated with a specific person and can be used to identify that person (including information about that person’s activities, such as use of the Website, Services and their purchase of Tokens).
Please read the following information carefully to understand our practices regarding your personal data.
2.Collection, Processing and Use of Your Information
A.How we collect your personal data
The personal data we collect or have about you will come from different sources. Some of it will be provided by you and others will be collected from your activity on our Website, use of our Services or when you go through the authorisation process and purchase Tokens.
B.How we use your personal data
The main areas of collection of your personal data arise in the following circumstances and for the following main purposes:
- The personal data we collect when you use our Website, which we primarily use on the basis of our legitimate interest to provide you with and improve the Website, monitor and analyse trends, usage and activity in connection with our Website and provide third parties with aggregated and anonymized statistical information about the users of our Website.
- The personal data we collect in order to verify your information and authorize you to purchase tokens and use the Services, which is collected as it is necessary for compliance with governmental rules, anti-money laundering (“AML”) or “know-your-customer” (“KYC”) policies and legal obligations. We process this data in furtherance of the contract we are entering into with you for the sale of Tokens and use of the Services.
- The personal data we collect in order to provide you with the Tokens you have purchased, which is collected as it is necessary in order for us to perform our contract with you for the purchase of the Tokens or in order to take steps at your request relating to the purchase of the Tokens prior to the purchase of the Tokens.
- Where you have opted to receive marketing from us, we may use your information to send you promotions, news and events about our products and services.
At a more granular level, we use personal data to:
- Identify our users;
- Administer and provide the Tokens;
- Send technical notices and support and administrative messages;
- Communicate with our purchasers about the Tokens, and our products and services, including the EXC Platform, promotions, events and other news and information which may be of interest to you;
- Monitor and analyze trends, usage and activities in connection with our Website;
- Prevent potentially prohibited or illegal activities, and enforce our terms and conditions;
- Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Excor, Global Monetary Foundation (“GMF”), GVE Ltd. and others;
- Customize, measure, and improve the content and layout of our Website;
- Deliver targeted marketing, service update notices, and promotional offers based on communication preferences;
- Compare information for accuracy and verify it with third parties;
- Verify status and/or confirm information provided to us in order to authorize the purchase of the Tokens;
- Distribute and account for Tokens; and/ or
- Provide third parties with statistical information about our users of the Website and customers (but those third parties will not be able to identify any individual user from that information).
C.What personal data and information we collect and how we use it
We collect and use the following information about you:
Information we collect when you access our Website
When you visit the Website, we collect the information sent to us by your computer, mobile phone, or other access device. This information is:
- Your IP address.
- Device information: identifier, name, and type of operating system.
- Standard web information: your browser type and the pages you access on our Website.
When you access the Website, we place small data files called cookies on your computer or other device. We use these technologies to recognize you as having visited the Website previously, customise our Website for and to monitor usage of our Website.
In addition to the information collected when you access our Website, we collect your full name, telephone number, address, email address, phone number, IP address, survey responses, your status as a non-U.S. Person, your digital wallet address, and any other information you choose to provide when you:
- fill out any form; and/or
- request customer support or communicate with us in any manner.
Information we collect when you request authorisation to purchase Tokens and to purchase Tokens
When you open your account, you will be asked to complete a form for AML/ KYC purposes. When we undertake AML or KYC verification, we will ask you to provide information about yourself, scanned or depicted documents from you, such as a photo/copy of your passport of other identity card to show proof of identity as well as documentation that evidences your proof of address or documents or online database information to confirm the status, your date of birth, place of birth, country of legal residence. We will also ask how much you plan to invest.
You may also choose to provide further information (such as a link to a public profile) but this is optional.
We also collect information about your computer or other access devices for fraud prevention, KYC or AML purposes and other information where required by terms of the Token Purchase Agreement.
We are sometimes required to compare the personal data you provide with third party databases in order to verify its accuracy and confirm your identity to comply with relevant AML regulations and KYC regulations.
We collect this information so:
- we can verify your identity;
- we can comply with law; and
- we can facilitate and record the purchase of Tokens in accordance with the Token Purchase Agreement.
Please note, that such data and documentation is gathered for the purposes of compliance with law and international security practices and regulations.
We do not intentionally collect any sensitive personal information, such as information about your religion, race, ethnicity and/or political views. Please do not provide us with such information.
Account & Services data
We collect the information you provide to us when you open an account for the Services and when you make any transactions using the Services or otherwise administer your account. We collect this information for the purpose of providing you with the Services and to fulfil our obligations as a service provider. The information you provide in the course of opening an account includes your full name, date of birth, telephone number, address, email address, IP address, survey responses, your status as a non-U.S. Person, your digital wallet address after we provide it to you.
When you use a location-enabled device to access our Website or request the purchase of Tokens, we may collect geographical location data or use various means to determine the location, such as sensor data from your device that may, for instance, provide data on nearby cell towers and wi-fi access spots.
We do this so that we can verify your location to ensure compliance with applicable laws including AML and KYC rules. This may include the blocking from certain countries where the usage of our Website and/or buying of Tokens are prohibited by that country.
Information We Collect Automatically
Information about your hardware and software may be automatically collected by us. This information can include usage information that includes your interactions with the Website, device information, such as unique device identifiers, operating system information, internet service provider, IP address, screen resolution, language, the date and time of each of your log-ins and requests. This information is used for the operation of the Website, to maintain quality of the Website, and to provide general statistics regarding use of Website and can be received otherwise.
We also collect transaction data relating to your use of the Services. This includes information about your balance, trades, withdrawals, exchanges and any other activity. We maintain logs relating to your use of the Services, including access times, log-in attempts and pages visited.
D.How we might share your personal data
Why we share your personal data:
- We need to in order to operate the Website and the Services and facilitate the purchase of Tokens.
- We have a public or legal duty to do so (e.g., to assist with detecting fraud, tax evasion, financial crime prevention, regulatory reporting, litigation or defending legal rights).
- We have asked for your permission to share your information for a specified purpose and you have agreed.
- When we believe that the disclosure of personal information is necessary to report suspected illegal activity or to investigate violations of our terms and conditions or Token Purchase Agreement.
- We may also share anonymous and aggregated information, which cannot reasonably be used to identify you.
Who we share your personal data with
- With will share information with:
- KYC/AML service providers in the EU, such as Comply Advantage, Thomson Reuters and Onfido, which provide us with KYC and AML checks as described above. Your personal data will be processed in the EU;
- Cloud storage and hosting service provides in the EU, such as Amazon Web Services, which process your personal data in the EU;
- Financial institutions in the EU, Switzerland and Japan, such as GS Bank (in Switzerland) and Sumitomo Mitsui Bank (in Japan), who provide our banking services.
- Our partner brokers who could provide FX brokerage services and provide similar function as financial institutions.
- Law enforcement, government officials or other state bodies in response to a request for information, if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
- Law enforcement or our legal advisors if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Excor, GMF or others; or
- Companies that we plan to merge with or substantially all or part of our assets are to be acquired by, or where we are financing all or a portion of our business by another company.
- Where we use service providers outside of the EU, particularly in the US and Japan, and we will ensure that they participate in and have certified compliance with the EU-U.S. Privacy Shield Framework (for US companies) or another valid mechanism to export data from the EU (such as the standard contractual clauses). We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this policy.
3.Links to Third Party Websites
- Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates (including, but not limited to, websites on which the Website is advertised).
- If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
4.Retention of Personal Data
We store your personal information for as long as you have an account with us. We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about our typical retention periods for different aspects of your personal information are described below.
Contact Information such as your name, email address and telephone number for marketing purposes is retained on an ongoing basis until you un-subscribe. Thereafter we will add your details to our suppression list indefinitely.
Information collected via technical means such as cookies, webpage counters and other analytics tools is kept for a period of up to one year from expiry of the cookie.
6.Security – How we Keep Your Personal Data Safe
We use relevant electronic and procedural safeguards to protect the privacy of the information you provide to the Company from loss, misuse, disclosure, alteration and destruction. Please note that transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure.
7.Children – Notice to parents
Our Website and Services are not designed or targeted toward users who might be under the age of 18 years old. If you are under 18 years old (or the age of majority in your country), you should not use our Website or Services or purchase, or attempt to purchase, Tokens.
To Parents or guardians: We need help to guard your children’s privacy. We encourage you to talk to your children about safe and responsible use of their and your personal information while using Internet.
Our web-resources and web-resources of our affiliates, licensees, agents etc. in the part they use under our license or assignment does not publish any data that is targeted to children. We advise you to refrain your children from using web-resources, mentioned in this paragraph and ask them not to use them.
In certain circumstances you have rights in relation to the personal data we hold about you. We set out below an outline of those rights and how to exercise them. Please note that we will require you to verify your identity before responding to any requests to exercise your rights.
To exercise any of your rights, please email email@example.com. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.
- Access: You have the right to know whether we process personal data about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.
- Portability: You have the right to receive a subset of the personal data you provide us if we process it on the bases of our contract with you or with your consent and a right to request that we transfer such personal data to another party. If you wish for us to transfer the personal data to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the personal data or its processing once received by the third party.
- Correction: You have the right to require us to correct any personal data held about you that is inaccurate and have incomplete data completed.
- Erasure: You may request that we erase the personal data we hold about you in the following circumstances: where you believe it is no longer necessary for us to hold the personal data, we are processing it on the basis of your consent and you wish to withdraw your consent, we are processing your data on the basis of our legitimate interest and you object to such processing, you no longer wish us to use your data to send you marketing or you believe we are unlawfully processing your data. Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure.
- Restriction of Processing to Storage Only: You have a right to require us to stop processing the personal data we hold about you other than for storage purposes in the following circumstances: you believe the personal data is not accurate for the period it takes for us to verify whether the data is accurate, we wish to erase the personal data as the processing we are doing is unlawful but you want us to simply restrict the use of that data; we no longer need the personal data for the purposes of the processing but you require us to retain the data for the establishment, exercise or defence of legal claims; and you have objected to us processing personal data we hold about you on the basis of our legitimate interest and you wish us to stop processing the personal data whilst we determine whether there is an overriding interest in us retaining such personal data.
- Objection: You have the right to object to our processing of data about you on the basis of legitimate interest, including profiling and we will consider your request. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it in relation to legal claims.
- Objection to Marketing: At any time you have the right to object to our processing of data about you in order to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.
- Withdrawal of Consent: Where you have provided your consent to us to market to you, you can withdraw your consent at any time.
In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at firstname.lastname@example.org and we will endeavour to deal with your request. This is without prejudice to your right to launch a claim with the Information Commissioner’s Office or the data protection supervisory authority in the EU country in which you live or work where you think we have infringed data protection laws.
10.Changes to This Notice
If we make changes to this privacy notice, we will post the new policy on our website. Where the revised version includes any material changes to how process your data, we will notify you. We encourage you to periodically check back to remain up to date on our privacy practices.