Crypto.com Pay for Business Privacy Notice (EEA)
Effective Date: 3 June 2024
Welcome to Crypto.com Pay for Business Privacy Notice (“Privacy Notice”). Please spend a few minutes reading it carefully before providing us with any information about you or any other person. This notice only applies to personal data and does not focus on company information.
Contents:
4. What data we collect about you
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 (“Crypto.com Pay”, we, us, our) in connection with:
● use of any of our services (together the “Services”),
● visit or use of our crypto.com website (“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.
In case we require information for a person that happens to be under the age of 18 years (for example if the ultimate beneficial owner (UBO) of your company is a minor), please inform us before providing any details and if needed we will send a dedicated notice for their holder of parental responsibility about how the UBO's personal data will be handled.
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 applicable privacy legislation 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 Controllers
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.
Foris DAX Global Limited a company organized under the laws of Ireland, with a registered address: Kilmore House, Park Lane, Spencer Dock, Dublin 1, D01 XN99, Ireland, is the controller and is responsible for handling of your personal data if you are an individual engaged in setting up, using and/or providing instructions with regards to the Pay Merchant аccount (such as company’s shareholders, beneficial owners, representatives, employees).
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].
However, if you are a customer of a company that holds a Pay Merchant account, that company is responsible for how your personal data will be processed and you should directly contact them for more information.
Complaints
You have the right to make a complaint about the way
we process your personal data to a supervisory authority. If you reside in an
EEA Member State, you have the right to make a complaint about the way we
process your personal data to the supervisory authority in the EEA Member State
of your habitual residence, place of work or place of the alleged infringement.
Information about your supervisory authority could be found here (attention
a link to a third-party website).
● You may contact the Data Protection Commission (“DPC”), Irish's supervisory authority for data protection matters.
●
You may also contact your local supervisory authority.
We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority, so please feel free to contact us in the first instance.
UK Representative:
Our UK representative is Fix Lab UK Ltd, with registered address 86-90 Paul Street, London, England, EC2A 4NE. You may also contact it at [email protected].
Our duties and your duties in case of changes
We keep our Privacy Notice under regular review. This version was last updated on 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 our Pay Business relationship.
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, plug-ins 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.
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.
More information could be found here (attention a link to a third-party website).
Different pieces of information, which collected together can lead to the identification of a particular individual, also constitute personal data. It does not include data where the identity has been removed (anonymous data). In addition, the data protection laws do not apply to information about legal entities (for example, limited liability companies).
When we provide Pay Business services, we process personal data of the individuals authorised to set the account up, use it and give us instructions about the account. We also may process personal data about other people (such as the company’s shareholders, beneficial owners, representatives, employees, customers or business partners) where we are legally required to ask for such information (for example, as part of KYB checks or under anti-money laundering and counter terrorism laws to verify the company’s sources of funds). If you, or your company, give us personal data about other people, you are responsible for ensuring that they understand how we will process their personal data.
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:
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 of 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 photographic picture of you. 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 our Pay Business client, 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 the Pay Business applicant – for example, to provide Pay Business Services. In this case, we may have to cancel a product or service our Pay Business client has 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, 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 online identifiers. We will also collect Transactional 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:
● individuals involved in setting up, using, or providing instructions with regards to the Pay Merchant account,
● fraud and crime prevention agencies,
● public blockchain,
● publicly available information on the Internet (websites, articles etc.)
Lawful basis
We will only use your personal data when
the applicable legislation 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 use your personal data
We have set out below, in a table format, a description of 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
Depending on the Services used, we may make decisions based on automated means. An 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 perform anti-fraud monitoring.
Where we make an automated decision concerning you as an individual, you have the right to ask that it is manually reviewed by a person. If you wish to exercise your right please contact us.
Marketing
We may send marketing communications following the applicable legal requirements. For further information please refer to our Global Marketing Privacy Notice.
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 and use of the App to your company on our behalf. Depending on the use of Services provided by companies under the Crypto.com brand and for the purposes of enhancing your user experience in this regard, the respective companies exchange certain data about you. 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 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.
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), Switzerland, or the United Kingdom (UK).
Many of our external third parties are based outside the EEA, the UK or Switzerland so their processing of your personal data will involve a transfer of data outside the EEA, the UK or Switzerland.
Whenever we transfer your personal data out of the EEA, the UK or Switzerland, 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 third-party website link) for personal data by the European Commission, the UK Parliament, or the Swiss Federal Administration;
● a specific contract approved by the European Commission, the UK Parliament, Federal Data Protection and Information Commissioner, or other competent authority 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, the UK or Switzerland.
While there is an inherent risk in any data being shared over the internet, we have put in place appropriate 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 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;
● to defend potential or ongoing legal claims;
● to comply with any applicable legal and/or regulatory requirements;
● in accordance with relevant industry standards or guidelines;
● in accordance with our legitimate business need;
● to prevent the appearance of abusive behavior.
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 intervention (detailed explanation in Section 6 above);
● 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, or any relevant authority about any perceived violation and to seek compensation for damages in the courts.
Depending on your role and Services used we may need to follow specific instructions given by the “controller” of your personal data or we may be entitled to decide whether to honor your request based on legitimate reasons.
If you are a customer of the company that holds the Pay Merchant account, please contact that relevant company.
If you were authorized to set up the Pay Merchant account, use it, or give us instructions about the account (for example if you are a company’s shareholder, beneficial owner, director, or employee), you can send us an email at [email protected].
No fee is 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.
Period for replying to a legitimate request
The statutory period under the applicable privacy legislation for us to reply to a legitimate request is one month/30 days. 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.