- IMPORTANT INFORMATION AND WHO WE ARE
- THE DATA WE COLLECT ABOUT YOU
- HOW YOUR PERSONAL DATA IS COLLECTED
- HOW WE USE YOUR PERSONAL DATA
- DISCLOSURES OF YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- DATA RETENTION
- YOUR LEGAL RIGHTS
1. Important information and who we are
This website is not intended for anyone under 18 years of age and we do not knowingly collect any data relating to anyone under that age.
You have the right to make a complaint at any time to the supervisory authority for data protection in Gibraltar, the Gibraltar Regulatory Authority (“GRA”, whose website is www.gra.gi) if you consider that our use of your personal data infringes the GDPR. We would appreciate the opportunity to consider and seek to resolve any complaint you may have before you approach the GRA so please contact us in the first instance.
This version was last updated on 20th of January 2022.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes scans or photos of ID documentation, first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account, blockchain and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us including wallet addresses. This definition also includes any screenshots/photos provided to us for transaction verification purposes.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your online usernames/aliases, purchases or orders made by you, your interests, preferences and feedback.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect from you any information about criminal convictions and offences.
If you fail 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 fail to provide that data when requested, we may not be able to perform the contract/provide the service we have or are trying to enter into with, or provide for, you. In this case, we may have to cancel a product or service you have with us. We will notify you if this is the case at the time.
3. How your personal data is collected
We use different methods to collect data from and about you, including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by responding to our requests to do so for verification and/or operational reasons by corresponding with us through electronic means including (but not limited to) email, WhatsApp and other instant messaging applications in addition to by post, over the phone, in person or other direct interactions. This includes (but is not limited to) personal data you provide when you:
- open a trade or otherwise request our services (by conduct, in writing or verbally) using a third-party platform (including online peer to peer trading websites);
- are onboarded as an Over The Counter (OTC) customer;
- create an account or upload documentation on our website;
- subscribe to our service or publications;
- request marketing material to be sent to you;
- engage us or open dialogue about how our services could benefit you; or
- give us some feedback.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources including, but not limited to:
- Technical Data from analytics providers such as Google;
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services; and
- Identity and Contact Data from publicly available sources.
- Compliance related data from providers of blockchain analysis, watchlist screening providers and other proprietary data sets.
4. How we use your personal data
We will only use your personal data when the law permits us to do so. Most commonly, we will use your personal data in the following circumstances:
- where we need to perform the contract we are about to enter into or have entered into with you;
- when it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
- when we need to comply with a legal or regulatory obligation.
Purposes for which we will use your personal data
We have set out below, in 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, as/where appropriate.
Note that we may use your personal data for more than one lawful ground depending on the specific purpose for doing so. Please contact us if you require details about the specific legal ground that we are relying on to use your personal data, where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for using your personal data, including the basis of legitimate interest|
|To discuss our services with you and register you as a new customer||(a) Identity|
|Performance of a contract with you|
|To process and deliver services including:|
(a) Manage transfers of fiat or cryptoassets, fees and charges
(b) Collect and recover fiat or cryptoassets owed to us
(c) Conduct initial and ongoing due diligence
(e) Marketing and Communications
|(a) Performance of a contract for services with you|
(b) Necessary for our legitimate interests (to recover debts due to us)
(c) Necessary to comply with regulatory obligations
|To manage our relationship with you which will include:|
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you|
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity|
(e) Marketing and Communications
|(a) Performance of a contract with you|
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity|
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)|
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
(e) Marketing and Communications
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
|To process a complaint you make||(a) Identity|
|Necessary for our legitimate interests (to consider and seek to resolve your complaint)|
Promotional offers and marketing from us (not third parties)
We may use your Identity, Contact, Technical, Usage 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 may receive marketing communications from us if you have requested information from us or received services from us or if you provided us with your details when you entered a competition or registered for a promotion.
Change of use of your data for marketing purposes
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. If you have consented to receive marketing communications and would like to request a change to how we use your data for marketing purposes, please make a request by email to firstname.lastname@example.org.
Opting out of our marketing messages
You can also ask us to stop sending you marketing messages at any time in writing. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
If you would like to opt out of marketing please email us at email@example.com.
We will always request your express opt-in consent before we share your personal data outside the Company for third-party marketing purposes.
Opting out of third-party marketing
Once you have opted-in to third-party marketing, you will need to contact that third party directly if you wish to opt-out with them.
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 would like an explanation as to how the processing for the new purpose is compatible with the original purpose, please email firstname.lastname@example.org.
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.
Please note that we may use your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:
- Internal Third Parties as defined in the Glossary.
- External Third Parties as defined in the Glossary.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes, and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
We may share your personal data within the Company and within the wider LondonLink group of companies (“LondonLink Group”) for one or more of the purposes explained in paragraph 4 above. At the time of writing, LondonLink Group consists of the Company and LondonLink OTC Limited, a company incorporated in the United Kingdom.
We ensure your personal data is protected by requiring the Company and all companies in the LondonLink Group to enter into data processing agreements that contain strict data protection obligations.
We may also share your personal data with third parties, once again for one or more of the purposes explained in paragraph 4 above. Where those third parties are based in the European Union, the strict provisions of the EU GDPR will apply. Where those third parties are based outside of the European Union, we will ensure a similar degree of protection is afforded to your personal data by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you would like further information on the specific mechanism used by us when transferring your personal data out of Gibraltar.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised 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 business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach, where we are legally required to do so.
We also have various internal good practice policies and guidelines, do's and don'ts and similar helpful information for contractors and employees.
8. Data retention
How long we will use your personal data
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
You have the right to:
- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully using it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to use it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. 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, if applicable, at the time of your request.
- Object to 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) 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. We will provide to you, or a third party you have chosen, 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. We will advise you if this is the case at the time you withdraw your consent.
For more information about these rights, please visit the GRA website.
If you wish to exercise any of these rights, raise an issue or ask a data protection related question, please send an email to: email@example.com.
As above, you also have a right to lodge a complaint with the GRA if you are in any way dissatisfied about how we process your personal data.
No fee usually required
You will not normally 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 unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we use your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means using 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.
Comply with a legal or regulatory obligation means using your personal data where it is necessary for compliance with a legal or regulatory obligation to which we are subject.
Internal Third Parties
Other LondonLink Group companies providing services for or on behalf of the Company.
External Third Parties
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in Gibraltar or elsewhere who provide consultancy, banking, legal, insurance and accounting services.
- Gibraltar’s Income Tax Office, regulators and other authorities acting as processors or joint controllers based in Gibraltar or elsewhere who may require reporting of processing activities in certain circumstances.
- Any companies asked by the Company to undertake tasks for the purposes of customer onboarding, initial or ongoing verifications or due diligence, acting as processors or joint controllers based in Gibraltar, the United Kingdom or elsewhere on behalf of the Company.
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