PRIVACY STATEMENT
As part of our Services, we collect personal information from our Users and prospective Users in order to provide them with Services and ensure that we can meet their needs when providing these Services.
The purpose of this document is to provide information to help you make a conscious decision about sharing information and using our Platform. The Privacy Statement, also referred to as Privacy Policy, informs you of your rights with respect to the processing of your personal information.
The definitions and expressions used in this Privacy Statement are the same as those in the Terms. Please read this document together with the Terms and Conditions the Risk Disclosure and the Cookie statement.
By accepting the Terms by using our website and/or the Platform as a User, you acknowledge and agree to the content of this Privacy Statement.
Our Privacy Statement is reviewed regularly to ensure that any new obligations and technologies, as well as any changes to our business operations and practices, are taken into consideration, as well as that it remains abreast of the changing regulatory environment.
We may amend this Privacy Statement at any time by posting the amended version on this Platform including the effective date of the amended version. We will announce any material changes to this Privacy Statement on our Platform.
Who is your Data Controller?
Nova-X Europe B.V. (“CoinMart”) is responsible for your personal data and acts as the data controller. The Data Protection Officer (DPO) is the responsible party for the processing of personal data within the meaning of Art. 4 (7) GDPR.
You can contact the appointed DPO for the Netherlands via email or post using the following details:
Nova-X Europe B.V. (CoinMart)
Attn: Data Protection Officer
Handelsweg 53
1181 ZA Amstelveen
Email: [email protected]
How do we protect personal information?
CoinMart keeps any personal data of its Users and its potential Users in accordance with the applicable privacy and data protection laws and regulations.
We have the necessary and appropriate technical and organisational measures and procedures in place to ensure that your information remains secure at all times. We regularly train and raise awareness for all our employees on the importance of maintaining, safeguarding and respecting your personal information and privacy. We regard breaches of individuals’ privacy very seriously and will impose appropriate disciplinary measures, including dismissal from employment.
The personal information that you provide is classified as registered information, which is protected in several ways. You can access your registered information after logging in to your Account by entering your username and the password that you have selected. It is your responsibility to make sure that your password is only known to you and not disclosed to anyone else. The registered information is securely stored in a safe location, and only authorised personnel have access to it via a username and password.
All personal information is transferred to CoinMart over a secure connection, and thus all reasonable measures are taken to prevent unauthorised parties from viewing any such information. Personal information provided to CoinMart that does not classify as registered information is also kept in a safe environment and accessible by authorised personnel only through username and password.
Which personal data might we collect?
In order to open an Account with us, you must first complete and submit a “create account” form to us by completing the required information. By completing this form, you are requested to disclose personal information in order to enable CoinMart to assess your application and comply with the relevant laws (including their regulations).
The information that we collect from you:
Full name, residential address and contact details (e.g. email address, telephone number, etc.);
Date of birth, place of birth, gender, citizenship;
Bank account information including details about your source of funds, assets and liabilities;
Trading account balances, trading activity, your inquiries and our responses;
Information on whether you hold a prominent public function (PEP);
Verification information, which includes information necessary to verify your identity such as a passport, driver’s licence or Government-issued identity card);
Other Personal and Residential Information or commercial and/or identification information – Whatever information we, in our sole discretion, deem necessary to comply with our legal obligations under various anti-money laundering (AML) obligations, such as under the European Union’s 5th AML Directive.
Information we collect about you automatically
Browser Information – Information that is automatically collected via analytics systems providers from your browser, including your IP address and/or domain name and any external page that referred you to us, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform;
Log Information – Information that is generated by your use of the Services that is automatically collected and stored in our server logs. This may include, but is not limited to, device-specific information, location information, system activity and any internal and external information related to pages that you visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website or App (including date and time; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;
Information we receive about you from other sources
We obtain information about you in a number of ways through your use of our services, including through any of our websites, the account opening process, webinar sign-up forms, event subscribing, news and updates subscribing, and from information provided in the course of on-going support service communications. We also receive information about you from third parties such as your payment providers and through publicly available sources. For example:
The banks you use to transfer money to us will provide us with your basic personal information, such as your name and address, as well as your financial information such as your bank account details;
Your business partners may provide us with your name and address, as well as financial information;
Advertising networks, analytics providers and search information providers may provide us with anonymized or de-identified information about you, such as confirming how you found our website;
Credit reference agencies do not provide us with any personal information about you, but may be used to corroborate the information you have provided to us.
What is the lawful basis for the collection of personal data?
We will process your personal information on the following bases and for the following purposes:
Performance of a contract
We process personal data in order to provide our services and products, as well as information regarding our products and services based on the contractual relationship with our Users (i.e. so as to perform our contractual obligations). In addition, the processing of personal data takes place to enable the completion of our User onboarding process.
In view of the above, we must verify your identity in order to accept you as our User and we will use your personal data in order to effectively manage your trading account with us. This may include third parties carrying out credit or identity checks on our behalf. The use of your personal information is necessary for us to know who you are, as we have a legal obligation to comply with “Know Your Customer” and customer due diligence regulatory obligations.
Compliance with a legal obligation
There are a number of legal obligations imposed by relevant laws to which we are subject, as well as specific statutory requirements e.g. anti-money laundering laws, financial services laws, corporation laws, privacy laws and tax laws. There are also various supervisory authorities whose laws and regulations apply to us. Such obligations and requirements imposed on us, could mean that it necessary to handover personal data processing activities for identity verification, payment processing, compliance with court orders, tax laws and/or other reporting obligations as well as anti-money laundering controls imposed by regulatory and supervisory authorities
These obligations apply at various times, including User onboarding, payments and systemic checks for risk management.
For the purpose of safeguarding legitimate interests
We process personal data so as to safeguard the legitimate interests pursued by us or by a third party. A legitimate interest is when we have a business or commercial reason to use your information. Examples of such processing activities include – but are not limited to – the following:
Initiating legal claims and preparing our defense in litigation procedures;
Means and processes we undertake to provide for CoinMart’s IT and system security, preventing potential crime, asset security and access controls;
Measures for managing the business and for further developing products and services;
Sharing your data within CoinMart, our Foundation (Stichting Derdengelden Nova-X) and/or our partners for the purpose of updating and/or verifying your personal data in accordance with the relevant anti-money laundering compliance frameworks, and Risk management.
To provide you with products and services, or the required information
Once you successfully open an account with us, or subscribe to information, we must use your personal information to perform our services and comply with our obligations to you. It is also in our legitimate interests to try to ensure that we are providing the best products and services so we may periodically review your needs based on our assessment of your personal information to ensure that you are getting the benefit of the best possible products and services from us.
To help us improve our products and services
We may, from time-to-time, use personal information provided by you through your use of the services and/or through User surveys to help us improve our products and services. It is in our legitimate interests to use your personal information in this way to try to ensure the highest standards when providing you with our products and services and to continue to be a challenger within the cryptocurrency financial service industry.
To investigate or settle questions or conflicts
We may need to use personal information collected from you to investigate issues or to settle disputes with you because it is in our legitimate interest to ensure that issues and disputes get investigated and resolved in a timely and efficient manner.
To comply with applicable laws and rules
We may need to use your personal information to comply with any applicable laws and regulations, subpoenas, court orders or other judicial processes, or requirements of any applicable regulatory authority. We do this not only to comply with our legal obligations but because it may also be in our legitimate interest to do so.
To send you surveys
From time to time, we may send you surveys as part of our User feedback process. It is in our legitimate interest to ask for such feedback to try to ensure that we provide our products and services at the highest standard. However, we may from time to time also ask you to participate in other surveys and if you agree to participate in such surveys we rely on your consent to use the personal information we collect as part of such surveys. All responses to any survey we send out whether for User feedback or otherwise will be aggregated and depersonalised before the results are published and shared.
To provide data analysis
Our website pages and emails may contain web beacons or pixel tags or any other similar types of data analysis tools that allow us to track the receipt of correspondence and count the number of users that have visited our webpage or opened our correspondence. We may aggregate your personal information with the personal information of our other Users on an anonymous basis (that is, with your personal identifiers removed), so that more rigorous statistical analysis of general patterns may lead us to provide better products and services.
If your personal information is completely anonymised, we do not require a legal basis as the information will no longer constitute personal information. If your personal information is not in an anonymised form, it is in our legitimate interest to continually evaluate that personal information to ensure that the products and services we provide are relevant to the market.
For marketing purposes
We may use your personal information to send you marketing communications by email or other agreed forms (including social media campaigns), to ensure you are always kept up-to-date with our latest products and services. If we send you marketing communications we will do so based on your consent and registered marketing preferences.
Internal business purposes and record keeping
We may need to process your personal information for internal business and research purposes as well as for record-keeping purposes. Such processing is in our own legitimate interests and is required in order to comply with our legal obligations. This may include any communications that we have with you in relation to the products and services we provide to you and our relationship with you. We will also keep records to ensure that you comply with your contractual obligations pursuant to the Terms governing our relationship with you.
Legal Notifications
Often the law requires us to advise you of certain changes to products or services or laws. We may need to inform you of changes to the terms or the features of our products or services. We need to process your personal information to send you these legal notifications. You will continue to receive this information from us even if you choose not to receive direct marketing information from us.
Do we disclose personal data?
CoinMart will not disclose any of its User’s confidential information/ personal data to a third party, except: (a) to the extent that it is required to do so pursuant to any applicable laws, rules or regulations; (b) if there is a duty to disclose; (c) if our legitimate business interests require disclosure; (d) in line with our Terms; (e) at your request or with your consent or to those described in this Privacy Statement.
CoinMart will endeavour to make such disclosures on a “need-to-know” basis, unless otherwise instructed by a regulatory authority. Under such circumstances, CoinMart will notify the third party regarding the confidential nature of any such information.
As part of using your personal information for the purposes set out above, CoinMart may disclose your personal information to the following:
Any members of CoinMart, which means that any of our affiliates and subsidiaries may receive such information;
Any of our service providers and business partners, for business purposes, such as specialist advisors who have been contracted to provide us with administrative, financial, legal, tax, compliance, insurance, IT, debt-recovery, analytics, research or other services;
If CoinMart discloses your personal information to service providers and business partners, in order to perform the services requested by you as a User, such providers and partners may store your personal information within their own systems in order to comply with their legal and other obligations.
We require that service providers and business partners who process personal information to acknowledge the confidentiality of this information, undertake to respect any User’s right to privacy and comply with all relevant privacy and data protection laws and this Privacy Statement. In such cases we have specific contractual terms with our partners ensuring compliance with this Privacy Statement and relevant terms relating to the so-called General Data Protection Regulation (“EU GDPR”).
Where do we store the personal data?
Our operations are supported by a network of computers, servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and our third-party service providers and business partners store and process your personal data in the European Union.
How long do we keep the personal data?
We will hold personal data, for as long as we have a business relationship with you, in secure computer storage facilities, and we take the necessary measures to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.
When we consider that personal information is no longer necessary for the purpose for which it was collected, we will remove any details that will identify you or we will securely destroy the records. However, we may need to maintain records for a significant period of time (after you cease being our User). For example, we are subject to certain anti-money laundering laws which require us to retain the following, for a period of 5 years after our business relationship with you has ended.
A copy of the records we used in order to comply with our User due diligence obligations;
Supporting evidence and records of transactions with you and your relationship with us.
Also, the personal information we hold in the form of recorded information, by telephone, electronically or otherwise, will be held in line with local regulatory requirements (i.e. 5 years after our business relationship with you has ended or longer if you have legitimate interests (such as handling a dispute with you)). If you have opted out of receiving marketing communications, we will hold your details on our suppression list so that we know you do not want to receive these communications.
We may keep your data for longer than 5 years if we cannot delete it for legal, regulatory, or technical reasons.
What are your rights regarding your personal data?
Information Access
If you ask us, we will confirm whether we are processing your personal information and, if so, what information we process and, if requested, provide you with a copy of that information within 30 days from the date of your request.
Rectification
It is important to us that your personal information is up to date. We will take all reasonable steps to make sure that your personal information remains accurate, complete and up-to-date. If the personal information we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If we have disclosed your personal information to others, we will let them know about the rectification where possible. If you ask us, if possible and lawful to do so, we will also inform you with whom we have shared your personal information so that you can contact them directly.
You may inform us at any time that your personal details have changed by emailing us at [email protected]. CoinMart will change your personal information in accordance with your instructions. To proceed with such requests, in some cases we may need supporting documents from you as proof i.e. personal information that we are required to keep for regulatory or other legal purposes.
Deletion
You can ask us to delete or remove your personal information in certain circumstances such as if we no longer need it, provided that we have no legal obligation to retain that data. Such requests will be subject to the contract that you have with us, and to any retention limits we are required to comply with in accordance with applicable laws and regulations. If we have disclosed your personal information to others, we will let them know about the erasure request where possible. If you ask us, if possible and lawful to do so, we will also inform you with whom we have shared your personal information so that you can contact them direct.
Processing restrictions
You can ask us to block or suppress the processing of your personal information in certain circumstances such as if you contest the accuracy of that personal information or object to us processing it. It will not stop us from storing your personal information. We will inform you before we decide not to agree with any requested restriction. If we have disclosed your personal information to others, we will let them know about the restriction of processing if possible. If you ask us, if possible and lawful to do so, we will also inform with whom we have shared your personal information so that you can contact them directly.
Data portability
In certain circumstances, you might have the right, to obtain personal information you have provided us with (in a structured, commonly used and machine-readable format) and to re-use it elsewhere or ask us to transfer this to a third party of your choice.
Objection
You can ask us to stop processing your personal information, and we will do so, if we are:
Relying on our own or someone else’s legitimate interests to process your personal information except if we can demonstrate compelling legal grounds for the processing;
Processing your personal information for direct marketing; or
Processing your personal information for research unless we reasonably believe such processing is necessary or prudent for the performance of a task carried out in the public interest (such as by a regulatory or enforcement agency).
Automated decision-making and profiling
If we have made a decision about you based solely on an automated process (e.g. through automatic profiling) that affects your ability to access our products and services or has another significant effect on you, you can request not to be subject to such a decision unless we can demonstrate to you that such decision is necessary for entering into, or the performance of, a contract between you and us. Even if a decision is necessary for entering into or performing a contract, you may contest the decision and require human intervention. We may not be able to offer our products or services to you, if we agree to such a request (i.e. end our relationship with you).
What are some other agreements?
Changes Our Privacy Statement is reviewed regularly to ensure that any new obligations and technologies, as well as any changes to our business operations and practices, are taken into consideration, as well as that it remains abreast of the changing regulatory environment. Any personal information we hold will be governed by our most recent Privacy Statement.
If we decide to change our Privacy Statement, we will post those changes to this Privacy Statement and other places we deem appropriate.
Children Our products and services are not directed to persons under the age of 18, hereinafter “Children”, “Child” and we do not knowingly collect personal information from Children. If we learn that we have inadvertently gathered personal information from a Child, we will take legally permissible measures to remove that information from our records. CoinMart will require the user to close his or her account and will not allow the use of our products and services. If you are a parent or guardian of a Child, and you become aware that a Child has provided personal information to us, please contact us at [email protected] and you may request to exercise your applicable access, rectification, cancellation, and/or objection rights.
Who is the National Data Protection Authority?
If you have any complaints, concerns or any other queries, please contact us at [email protected] or reach out to the appointed Data Protection Officer (DPO) at [email protected].
You can also contact the National Data Protection Authority using the contact details visible on the website ‘Autoriteit Persoonsgegevens’ .
You accept and agree that any problems that may arise as a result of this Privacy Statement will be resolved through the legislation in force in the Netherlands.
May 22th, 2023