Crypto.com Ireland Privacy Notice
Effective Date: 30 October 2024
Welcome to the Crypto.com Ireland Privacy Notice
(“Privacy Notice”). Please spend a few minutes reading it carefully before
providing us with any information about you or any other person.
If you are not an Irish resident, please check
our Privacy Dashboard.
Contents
We respect your
privacy, and we are committed to protecting your personal data. This Privacy
Notice applies to the processing of personal data by Crypto.com companies
(“Crypto.com”, we, us, our), details of which are available at Section 3 below
in connection with:
●
use
of any of our products, services or applications (together the
"Services"),
●
visit
or use of our websites ("Site") or mobile application
("App").
Please note that our Services, Site and App are
not intended for minors below the age of 18 years and we do not knowingly
collect data relating to minors.
This Privacy Notice aims to give you information
on why and how we collect and process your personal data.
This Privacy Notice informs you about your
privacy rights and how the data protection principles set out in the EU General
Data Protection Regulation (“GDPR”) protect you.
It is important that you read this Privacy
Notice together with any other notice or policy we may provide on specific
occasions when we are collecting or processing personal data about you so that
you are fully aware of why and how we are using your data. This Privacy Notice
supplements other notices and policies and is not intended to override them.
Data Controller
The
controller of your personal data is the legal entity that determines the
“means” and the “purposes” of any processing activities that it carries out.
For your convenience, you may find in the table below the respective details of
the relevant data controller of your personal data.
Data
controller |
Contact
details |
Foris DAX Global Limited |
Kilmore House, Park Lane, Spencer Dock, Dublin
1, D01 XN99, Ireland |
Foris MT Limited |
St. Julians, SPK 1000, level 7, Spinola park,
Triq Mikiel ang Borg, Malta |
We have appointed a Data Protection Officer
(“DPO”) who is responsible for overseeing questions in relation to this Privacy
Notice. If you have any questions or complaints related to this Privacy Notice
or our privacy practices, or if you want to exercise your
legal rights, please
reach out to [email protected].
Complaints
You have the right to make a complaint about the
way we process your personal data to a supervisory authority. This could be the
supervisory authority in the EEA Member State of your habitual residence, place
of work or place of the alleged infringement, including:
● Data Protection
Commission (DPC), the
Irish supervisory authority;
● Information and Data Protection Commissioner (IDPC), Malta's supervisory authority.
We would, however, appreciate the chance to deal
with your concerns before you approach a data protection regulatory authority,
so please feel free to contact us in the first instance.
Our duties and your duties in case of changes
We keep our Privacy Notice under regular review.
This version is effective as of the date above written. Please check from time
to time for new versions of the Privacy Notice. We will also additionally
inform you on material changes of this Privacy Notice in a manner which will
effectively bring the changes to your attention. It is important that the
personal data we hold about you is accurate and up-to-date. Please keep us
informed if your personal data changes during your relationship with us.
Third-party links
The Site and any applicable web browser, the App or application
programming interface required to access the Services (“Applications”), may
include links to third-party websites, plugins and applications (“Third-Party
Sites”). Clicking on those links or enabling those connections may allow third
parties to collect or share data about you. We do not control these Third-Party
Sites and are not responsible for their privacy statements and policies. When
you leave our Site or Applications, we encourage you to read the privacy notice
or policy of every Third-Party Site you visit or use.
Personal data
Personal data, or personal information means any
information that relates to an identified or identifiable living individual.
This is a broad definition which includes the specific pieces of personal data
which we have described below. It does not include data which cannot be used to
identify an individual person, such as a company registration number.
A “data subject” is an individual who can be
identified, directly or indirectly, by personal data. This is usually by
reference to an identifier such as a name, identification number, location
data, an online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity of that
natural person.
Different pieces of information, which collected
together can lead to the identification of a particular person, also constitute
personal data. It does not include data where the identity has been removed
(anonymous data). More information could be found here
(attention
a link to a third-party website).
Depending
on whether and how you use our Services, Site or App, we will collect, use,
store and transfer different kinds of personal data about you which we have
grouped in categories as follows:
Category of Personal Data |
Examples of specific pieces of personal data |
||
● first name,
● maiden name, ● last name, ● username or similar identifier, ● title, ● employment status, ● date of birth and gender, ● biometric information, including a visual
image of your face, ● video and voice recording, ● national identity card, passport, driving
license or other forms of an identification document. |
|||
Data |
● group/company data, ● information on referrals related to you, ● political background, ● close connections, ● behavioural data, ● risk assessment, ● compliance assessment. |
||
● residence details, ● billing address, ● delivery address, ● home address, ● work address, ● email address and telephone numbers, ● proof of address documentation. |
|||
● bank account, ● payment card details, ● virtual currency accounts, ● stored value accounts, ● amounts associated with accounts, ● external account details, ● annual income range, ● source of funds and related documentation. |
|||
● details about payments to and from you, ● other details of any transactions you enter
into using the Services, Site or App. |
|||
● information about your: - investment objectives (e.g. expected annual
transaction volume range), - investment experience, - prior investments. |
|||
● internet connectivity data, ● internet protocol (IP) address, ● operator and carrier data, ● login data, ● browser type and version, ● device type, category and model, ● time zone setting and location data, ● language data, application version and SDK
version, ● browser plug-in types and versions, ● operating system and platform, ● diagnostics data such as crash logs and any
other data we collect for the purposes of measuring technical diagnostics,
and ● other information stored on or available
regarding the devices you allow us access to when you visit the Site, or use
the Services or the App. |
|||
● your username and password, ● your identification number as our user, ● information on whether you have a Crypto.com
App account and the email associated with your accounts, ● requests by you for products or services, ● your interests, preferences and feedback, ● other information generated by you when you
communicate with us, for example when you address a request to our customer
support. |
|||
● information about how you use the Site, the
Services, mobile applications and other offerings made available by us,
including: - device download time, - install time, - interaction type and time, - event time, name and source. |
|||
Communications
Data |
● your preferences in receiving marketing from
us or third parties, ● your communication preferences, ● your survey responses. |
As explained above under Identity
Data, we will also
collect:
● video and voice recordings where the video
captures the individual's face for identity verification purposes and the
individual’s voice is recorded to enhance the authenticity of the verification
process. In this specific scenario, the processed personal data fall outside
the scope of special categories of data.
● a visual image of your face which we will use, in conjunction with our sub-contractors (See Section Disclosures of Your Data below), to check your identity for onboarding and fraud prevention purposes. This data falls within the scope of special categories of data.
Special categories of personal data
Certain types of sensitive personal data are
subject to additional protection under the legislation applicable to you. They
are called “special categories” of personal data. The special categories are:
● Personal data revealing racial or ethnic origin;
● Political opinions;
● Religious or philosophical beliefs;
● Trade union membership;
● Genetic data and biometric data processed for
the purpose of uniquely identifying a natural person;
● Data concerning health;
● Data concerning a natural person’s sex life or
sexual orientation.
We will only use special categories of personal
data for a specific purpose and if we are able to satisfy both the lawful
basis requirements set out below, as well as at least one of the following
additional conditions:
● You have given explicit consent.
● Processing relates to personal data which are
manifestly made public by you.
● Processing is necessary for the establishment,
exercise or defence of legal claims.
● Processing is necessary for reasons of
substantial public interest based on EU or EU Member State law. We are subject
to EU Anti-Money Laundering Directives and the relevant EU Member States’ law
implementing them which require us to process for instance information from
your ID documents including a photo of you and a specific round of frames
capturing your face (the so called “liveness check”). See also the respective row in the table below which describes the purposes
for which we will use your personal data.
If
you refuse to provide personal data
Where we need to collect personal data by law, or under the terms of a
contract we have with you, and you refuse to provide that data when requested,
we may not be able to perform the contract we have or are trying to enter into
with you – for example, to provide you Services. In this case, we may have to
cancel a product or service you have with us, but we will notify you if this is
the case at the time.
We use different methods to collect information
from and about you, including through:
Direct
interactions. You may give us
your Identity Data, Social
Identity Data,
Contact Data, Financial
Data, Profile Data and Marketing and Communications Data by directly interacting with us, including by
filling in forms, providing a visual image of yourself via the Service, by
email or otherwise. This includes personal data you provide when you:
● visit our Site or App;
● apply for our Services;
● create an account;
● make use of any of our Services;
● request marketing to be sent to you, for example
by subscribing to our newsletters;
● enter a competition, promotion or survey,
including through social media channels;
● give us feedback or contact us.
Automated
technologies or interactions.
As you interact with us via our Site or App, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this
personal data by using cookies, server logs and other similar technologies. We
will also collect Transactional Data, Investment
Data and Usage Data.
We may also receive Technical Data and Marketing
and Communications Data
about you if you visit other websites employing our cookies. You may find more
information about how we use cookies through the Cookie Preferences.
Social
media widgets and similar links.
Our Site may contain links, social media plug-ins, "widgets",
"tweet", “share" and "like" buttons linked to social
media platforms such as Facebook, X (Twitter), Instagram, Threads, Discord,
LinkedIn, Reddit and Telegram.
Third parties or publicly available sources. We also obtain information about you,
including Social Identity Data, from third parties or publicly available
sources. These sources may include:
● fraud and crime prevention agencies,
● a customer referring you,
● public blockchain,
● publicly available information on the Internet
(websites, articles etc.)
Lawful basis
We will only use your personal data when the law allows us to. In other words, we have to ensure that we have a lawful basis for such use. Most commonly, we will use your personal data in the following circumstances:
●
performance of a contract: means processing your data where it is
necessary for the performance of a contract to which you are a party or to take
steps at your request before entering into such a contract; we use this basis
for provision of our Services;
●
legitimate interests: means our interests (or those of a third
party), where we make sure we use this basis as far as your interests and
individual rights do not override those interests;
●
compliance with a legal obligation: means processing your personal data where we
need to comply with a legal obligation we are subject to;
● consent: means freely given, specific, informed and
unambiguous indication of your wishes by which you, by a statement or by a
clear affirmative action, signify agreement to the processing of personal data
relating to you; under specific circumstances this consent should be explicit –
if this is the case, we will ask for it properly.
Purposes for which we will use your personal data
We have set out below, in a table format, a
description of all the ways we plan to use your personal data, and which of the
legal bases we rely on to do so. We have also identified what our legitimate
interests are where appropriate.
Note
that we may process your personal data for more than one lawful ground
depending on the specific purpose for which we are using your data. Please contact us
if you need details about the specific legal ground we are relying on to
process your personal data where more than one ground has been set out in the
table below.
Automated Decision Making
What is an automated decision?
Automated decision is usually a decision that may impact you and is made
automatically based on software algorithms, without human intervention. As an
illustrative example, we use automated decisions to complete the onboarding
process of a new customer or to perform anti-fraud monitoring.
Why is an automated decision important to you?
Depending on the particular case, using your personal data may lead to
automated decisions being taken (including profiling) that legally affect you
or similarly significantly affect you.
How do we protect your interests regarding automated decisions?
The rights and interests of individuals whose personal data undergoes
automated decision-making is safeguarded through appropriate measures. When an
automated decision is made about you, you have the right to oppose the
decision, to express your opinion, and to require human intervention regarding
the decision. If you need more detailed information or wish to exercise this
right, please contact us.
Marketing
We may use your Identity
Data, Contact Data, Technical Data, Transactional
Data, Investment Data, Usage Data and Profile
Data to form a view
on what we think you may want or need, or what may be of interest to you. This
is how we decide which products, services and offers may be relevant for you
(we call this marketing).
You will receive marketing communications from
us if you have requested information from us and consented to receive marketing
communications, or if you have purchased from us and you have not opted out of
receiving such communications. We will use your Marketing
and Communications Data
for our respective activities.
Third-party marketing
We will get your opt-in consent before we share
your personal data with any third party for marketing purposes.
Opting out
You can ask
us to stop sending you marketing messages at any time by following the opt-out
links on any marketing message sent to you.
Further, you can let us know directly that you
prefer not to receive any marketing messages by emailing [email protected].
Where you opt out of receiving marketing
messages, this will not apply to service messages which are directly related to
the use of our Services (e.g. maintenance, change in the terms and conditions
and so forth).
Cookies
You can set your browser to refuse all or some
browser cookies, or to alert you when websites set or access cookies. If you
disable or refuse cookies, please note that some parts of the Services or Site
may become inaccessible or not function properly. For more information about
the cookies we use, please review the Cookie Preferences.
Change of purpose
We will only use your personal data for the
purposes for which we collected it, unless we reasonably consider that we need
to use it for another reason and that reason is compatible with the original
purpose. If you wish to get an explanation as to how the processing for the new
purpose is compatible with the original purpose, please contact
us.
If we need to use your personal data for an
unrelated purpose, we will notify you and we will explain the legal basis which
allows us to do so.
Sale or transfer of business
We may also need to process your data in connection with or during the negotiation
of any merger, financing, acquisition, bankruptcy, dissolution, transaction or
proceeding involving all or a part of our shares, business or assets. This will
be based on our legitimate interests in carrying out such transactions, or to
meet our legal obligations.
We share your personal data with our third-party
service providers, agents, subcontractors and other associated organizations,
our group companies, and affiliates (as described below) in order to complete
tasks and provide the Services to you on our behalf. When using third party
service providers, they are required to respect the security of your personal
data and to treat it in accordance with the law.
We may pass your personal data to the following
entities:
●
companies
and organizations that assist us in processing, verifying or refunding
transactions/orders you make and in providing any of the Services that you have
requested;
●
identity
verification agencies to undertake required verification checks;
●
fraud
or crime prevention agencies to help fight against crimes including fraud,
money-laundering and terrorist financing;
●
anyone
to whom we lawfully transfer or may transfer our rights and duties under the
relevant terms and conditions governing the use of any of the Services;
●
any
third party because of any restructure, sale or acquisition of our group or any
affiliates, provided that any recipient uses your information for the same
purposes as it was originally supplied to us and/or used by us; and
●
regulatory
and law enforcement authorities, whether they are outside or inside of the EEA,
where the law allows or requires us to do so.
Specifics
regarding the use of the blockchain
The blockchain technology
used in the provision of certain Services operates on a decentralized network,
where transactions are recorded in an immutable and transparent manner. This
characteristic ensures the integrity and security of the data stored on the
blockchain. However, it also means that once data is added to the blockchain,
it becomes virtually impossible to remove or delete it.
We share your personal data within our group.
This will involve transferring your personal data outside the European Economic
Area (EEA).
Many of our external third parties are based
outside the EEA so their processing of your personal data will involve a
transfer of data outside the EEA.
Whenever we transfer your personal data out of
the EEA, we ensure a similar degree of protection is afforded to it by ensuring
at least one of the following safeguards is implemented:
● the country to which we transfer your personal
data has been deemed to provide an adequate level of protection (attention
a third-party website link) for personal data by the European Commission;
● a specific contract approved by the European
Commission which gives safeguards to the processing of personal data, the
so-called Standard Contractual Clauses.
Please contact
us if you want
further information on the specific mechanism used by us when transferring your
personal data out of the EEA.
While there is an inherent risk in any data
being shared over the internet, we have put in place appropriate and adequate
security measures to prevent your personal data from being accidentally lost,
used, damaged, or accessed in an unauthorised or unlawful way, altered, or
disclosed. In addition, we limit access to your personal data to those
employees, agents, contractors and other third parties who have a legitimate
business need to know. They will only process your personal data on our
instructions, and they are subject to a duty of confidentiality.
Depending on the nature of the risks presented
by the proposed processing of your personal data, we will have in place the
following appropriate and adequate security measures:
● organisational
measures (including but
not limited to staff training and policy development);
● technical
measures (including but
not limited to physical protection of data, pseudonymization and encryption);
and
● securing
ongoing availability, integrity, and accessibility (including but not limited to ensuring
appropriate back-ups of personal data are held).
We have put in place procedures to deal with any
suspected personal data breach and will notify you and any relevant regulator
of a breach where we are legally required to do so.
If
you want to know more about our security practice, please visit this link.
To determine the appropriate retention period
for personal data, we consider the amount, nature and sensitivity of the
personal data, the potential risk of harm from unauthorised use or disclosure
of your personal data, the purposes for which we process your personal data and
whether we can achieve those purposes through other means, and the applicable
legal, regulatory, tax, accounting or other requirements.
Here are some exemplary factors which we usually
consider when determining how long we need to retain your personal data:
● in the event of a complaint;
● if we reasonably believe there is a prospect of litigation in respect to our relationship with you or if we consider that we need to keep information to defend possible future legal claims (e.g. email addresses and content, chats, letters will be kept up to 10 years following the end of our relationship, unless otherwise provided by law);
● to comply with any applicable legal and/or
regulatory requirements with respect to certain types of personal data:
- under the EU Anti-Money Laundering legislation (Anti-Money Laundering Directives) we are obliged to retain your personal data for a period of 5 years after the end of the relationship between us as a company and you as a customer; this period may be further extended in certain cases if so provided by and in accordance with the applicable legislation;
- if information is needed for audit purposes and so forth;
● in accordance with relevant industry standards
or guidelines;
● in accordance with our legitimate business need
to prevent abuse of the promotions that we launch. We will retain a customer’s
personal data for the time of the promotion and for a certain period after its
end to prevent the appearance of abusive behaviour.
Please note that under certain condition(s), you can ask us to delete
your data: see your legal rights below for further information. We will honor
your deletion request ONLY if the condition(s) is met.
You have rights we need to make you aware of.
The rights available to you depend on our reason for processing your personal
data. If you need more detailed information or wish to exercise any of the
rights set out below, please contact
us.
You may:
● request access to your personal data, which
enables you to obtain confirmation of whether we are processing your personal
data, to receive a copy of the personal data we hold about you and information
regarding how your personal data is being used by us;
● request rectification of your personal data by
asking us to rectify information you think is inaccurate and to complete
information you think is incomplete, though we may need to verify the accuracy
of the new data you provide to us;
● request erasure of your personal data by asking
us to delete or remove personal data we hold about you; note, however, that we
may not always be able to comply with your request of erasure for specific
legal reasons which will be notified to you. In addition, please also check
sub-section “Specifics regarding the use of
the blockchain”
above;
● object to the processing of your personal data,
where we are relying on a legitimate interest (or those of a third party) and
there is something about your particular situation which makes you want to
object to processing on this ground as you feel it impacts on your fundamental
rights and freedoms; in some cases, we may demonstrate that we have compelling
legitimate grounds to process your information which override your rights and
freedoms; you also have the right to object where we are processing your personal
data for direct marketing purposes;
● require that decisions be reconsidered if they
are made solely by automated means, without human involvement; we use automated
tools to make sure that you are eligible to be our customer taking into account
our interests and legal obligations; if these automated tools indicate that you
do not meet our acceptance criteria, we will not onboard you as our customer;
● request restriction of processing your personal
data, which enables you to ask us to suspend the processing of your personal
data, if you want us to establish the data accuracy; where our use of the data
is unlawful, but you do not want us to erase it; where you need us to hold the
data even if we no longer require it as you need it to establish, exercise or
defend legal claims, or if you have objected to our use of your data, but we
need to verify whether we have overriding legitimate grounds to use it;
● request the transfer of your personal data to you or to a third party, and we will provide to you, or a third party you have chosen (where technically feasible), your personal data in a structured, commonly used, machine-readable format; note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you;
● withdraw consent at any time where we are
relying on consent to process your personal data; however, this will not affect
the lawfulness of any processing carried out before you withdraw your consent;
if you withdraw your consent, we may not be able to provide certain products or
services to you, but we will advise you if this is the case at the time you
withdraw your consent;
● complain to the DPC, IDPC or any relevant
authority about any perceived violation and to seek compensation for damages in
the courts.
No fee usually required
You
will not have to pay a fee to access your personal data (or to exercise any of
the other rights). However, we may charge a reasonable fee if your request is
manifestly unfounded or excessive. Alternatively, we could refuse to comply
with your request in these circumstances.
The statutory period under the EU General Data Protection Regulation for us to reply to a legitimate request is one month. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.
Please note that we may request that you provide some details necessary to verify your identity when you request to exercise a legal right regarding your personal data.