The European Economic Area and Switzerland
Privacy Notice
Last Updated: 21 December 2024
Welcome to Crypto.com European Economic Area and
Switzerland 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 a resident of France, Ireland,
Italy or the Netherlands or if you are not
a resident of the European Economic Area or Switzerland, please check our Privacy
Dashboard.
Contents
4. What data we collect about you 4
7. Disclosures of your data 14
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 crypto.com 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 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.
For your convenience, you may find in the table below the respective details of
the relevant data controller of your personal data.
|
Crypto.com Services |
Data controller |
Contact details |
|
App |
Foris DAX MT Limited |
Level 7, Spinola Park, Triq Mikiel ang Borg, St.
Julians, SPK 1000, Malta |
|
Crypto.com Prepaid Card Fiat Wallet |
Foris MT Limited |
Level 7, Spinola Park, Triq
Mikiel ang Borg, St. Julians, SPK 1000, Malta |
Our Global Data Protection Officer (“DPO”) 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 the supervisory authority in the European
Economic Area (“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). In that regard:
●
You may contact the Information and
Data Protection Commissioner (“IDPC”), Malta's supervisory authority for data protection
matters. For Swiss residents only, you may also contact the Federal Data
Protection and Information Commissioner (“FDPIC”).
● 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.
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 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, 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.
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).
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 |
|
|
|
●
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 licence or other form of an identification document. |
|
●
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. |
|
Financial Data |
●
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. |
|
Technical Data |
● 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. |
|
Profile Data |
●
username and
password, ●
identification
number as our user, ●
information on
whether you have 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. |
|
Usage Data |
● 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. |
|
|
●
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 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 and a visual image of 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, Investment 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, 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 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
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 and use of the App to you on our behalf.
Depending on your 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.
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 EEA.
Many of our external third parties are based
outside the EEA or Switzerland so their processing of your personal data will
involve a transfer of data outside the EEA or Switzerland.
Whenever we transfer your personal data out of
the EEA 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 or
the Swiss Federal Administration;
● a
specific contract approved by the European Commission, 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 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;
●
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, depending on the limitation period
applicable in your country);
●
to comply with any applicable legal
and/or regulatory requirements with respect to certain types of personal data:
o
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;
o
under the Swiss Federal Act on Combating Money
Laundering and Terrorist Financing (a.k.a. “AMLA”) we are obliged to retain
your personal data for a period of 10 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;
o
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 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 IDPC, FDPIC 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.
Period for
replying to a legitimate request
The statutory period under the EU General Data
Protection Regulation and the Swiss Federal Act on Data Protection for us to
reply to a legitimate request is one month / 30 days. For the EEA 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.