1. Information Company Collects About You

We may collect personal information from you directly, automatically when you visit the Services, and sometimes from third parties.

We use the term “personal information” to mean any information that could be used to identify you, including “personal data” such as but not limited to your contact information (name, address, email address, phone number), demographic information (birth date) login information (wallet address, password), financial information (credit or debit card number through a third party payment provider, shipping/billing data, and transaction history). We will also treat additional information, including IP addresses and cookie identifiers, as “personal information” or “personal data” where required by applicable law. Note that we may de-identify or pseudonymize personal information so that it is non-personal, such as aggregating or converting it to a code, sometimes using a function commonly known as “hash”. We maintain and use de-identified data without attempting to re-identify it, except where permitted by applicable law, such as to determine whether our de-identification processes satisfy legal requirements. We will treat de-identified or pseudonymized information as non-personal to the fullest extent allowed by applicable law. If we combine non-personal information with personal information, then we will treat the combined information as personal information under this Privacy Policy.

Personal Information You Provide

When you interact with our Services, we collect personal information that you choose to share with us. The personal information that we collect can vary depending on which Service you utilize:

• When you interact with one of our cryptocurrency kiosks, we collect your name, phone number, and a picture of you for all transactions. Depending on the amount of the proposed transaction, we may collect additional personal information about you for identity verification, fraud prevention, and other internal business purposes, such as a selfie image which may be collected using facial recognition software (when you opt-in to collection of biometric data), in accordance with any applicable laws, your government ID/driver’s license, Social Security number, source of funds, and a second form of ID. You will be asked to provide additional verifying personal information depending on the size of the transaction. If you apply to host a cryptocurrency kiosk in your business, we ask you to provide personal information such as your name and phone number, as well as information about your store.
• When you interact with the Company Trade Desk, we collect your name, phone number, and a picture of you, which may be collected using facial recognition software (when you opt-in to collection of biometric data), in accordance with any applicable laws. Depending on the amount of the proposed transaction, we may collect additional personal information about you, such as a selfie image, your government ID/driver’s license, Social Security number, source of funds, and a second form of ID. You will be prompted for such personal information depending on the size of the transaction
• When you choose to onboard as a counterparty through our Services for cryptocurrency trading services, you are required to provide us with your full name, email address, gender, residential address, birth date, phone number, country of residence and nationality, employment information and status, national and governmental identification information, and financial and banking details, including any joint account holders and people appointed to act on your behalf. Company uses this information to undertake anti-money laundering and fraud prevention activities. If you do not provide personal information that we tell you is mandatory, we may not be able to onboard you or provide you with certain services or features. If you give us personal information about other people (such as joint account holders), you If you disclose any personal information relating to other people, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy. Once you have been onboarded as a counterparty, Company will continue to use this information as necessary to effect transactions with you. We also obtain data about you from other sources, including identity verification services, fraud prevention agencies, websites and other publicly accessible information about you. We will also receive data you submit to us through third-party websites.
• When you contact us through the Services, or through our accounts on third party social media websites, with a question, a comment, or to sign up to receive communications about Company and its products and services from us, you will be asked to provide your name and email address. You can ask us to stop or start sending you such marketing messages at any time by following the instructions in the marketing messages you receive (e.g. following an “Unsubscribe” link in an email or texting “STOP” to stop marketing text messages) or otherwise by writing, electronic messaging or calling us.
• When you comment on one of our blogs, you may be asked to provide name and email address, and username information.

We have structured our Services so that, as a casual site visitor, you may visit the Services and review selected information without registering. However, if you wish to use certain Services, you may be asked to create an account, which will require you to provide certain additional personal information. Similarly, you will be asked to provide certain additional personal information if you wish to contact us through the Services.

Automatically-Collected Information

Even if you do not register for an account on the Services or otherwise provide information directly to us, we may collect certain information automatically when you visit the Services. For example, we may automatically receive and record in our system the following information:

• your internet protocol (IP) address or other unique identifier for any computer, mobile phone, or other device you use to access the Services;
• your time zone, and location;
• referrer addresses or advertisement;
• the type and version of your web browser;
• device identifiers including mobile advertising identifiers;
• your operating system, hardware model, and browser; and
• areas within the Services that you visit and the content you interact with.

We also record page views (hit counts) and other general statistical and tracking information. We use this data to help us administer and operate our Services, to better understand how our users access and interact with the Services, and for security and monitoring purposes. We may also collect information to meet our regulatory obligations; for example, we may identify your IP address in order to ascertain and verify your residency status.

We may send email messages that use a “click-through URL” linked to content on our Services. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, simply do not click text or graphic links in the email.

Cookies, Pixel Tags, and Similar Technologies

Cookies. The Services use a technology called “cookies.” A cookie is a small amount of data, often including a unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. These technologies are able to store a unique identifier for a device to allow a certain Internet site to recognize the device whenever the device is used to visit the site. These technologies may be used for many purposes by us and our third-party service providers, such as automatically collecting usage Information, enabling features, remembering your preferences, and providing you with targeted advertising elsewhere online. If you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. You can find more information about cookies and how they work at www.allaboutcookies.org.

Pixel Tags. We may also use so-called “pixel tags” – small graphic images (also known as “tracer tags,” “web beacons,” or “single-pixel images”) – to tell us what parts of our Services have been visited or to measure the effectiveness of marketing campaigns on our Site. In contrast to cookies, which are stored on a user’s computer hard drive, pixel tags are embedded invisibly on our Site. Pixel tags inform us whether emails have been opened, to help ensure that our messages are of interest to our users. We may tie the information gathered by pixel tags to our users’ personal information, in which case it will be subject to the terms of this Privacy Policy.

In particular, the Services use:

• Google Analytics, an analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site. The information generated by the cookie about your use of the Services will be transmitted to and stored by Google. Google will use this information for the purpose of evaluating your use of the Services, compiling reports on Services activity for operators and providing other services relating to Services activity and internet usage, including tracking which pages of our Services you visit so we can optimize your experience with our Site. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. We have implemented the IP anonymization feature in Google Analytics which anonymizes your IP address to protect individual privacy. You can opt-out from the collection of this information by Google by downloading and installing a browser plug-in at https://tools.google.com/dlpage/gaoptout. For more information on Google Analytics privacy practices, read here and, for information on Google Analytics cookies expiration, read here.
• Third party advertising cookies and pixels. The ads appearing on this Site, if any, may be delivered to users by third-party network advertisers, ad agencies, analytics service providers, and other vendors to provide us with information regarding use of and traffic (including without limitation the pages viewed and the actions users take when visiting) and the effectiveness of our advertisements. These third parties may set and access their own tracking technologies on your device (including without limitation cookies and web beacons) and may otherwise collect or have access to information about you (such as device identifier). Some of these parties may collect personal information over time when you visit the Services or other online websites and services. Cookies and web beacons, including without limitation those set by third-party network advertisers, may be used to (among other things): target advertisements, prevent you from seeing the same advertisements too many times, and conduct research regarding the usefulness of certain advertisements to you. We may share certain information such as device identifiers, hashed information, records of transactions you conduct on our Services or offline, and other types of de-identified or pseudonymized information with third-party advertising companies, analytics providers, and other vendors for advertising and analytics purposes. In addition, we and our third-party service providers may use this information to perform matching with third-party cookies in order to provide targeted online marketing. You may find more information on what cookies and similar technologies have been set and how to manage and delete them at https://youradchoices.com/control. For more information on advertising cookies, please also consult the Network Advertising Initiative’s online resources at http://www.networkadvertising.org. If you do not want Twitter specifically to show you interest-based advertising on and off Twitter, you can visit your Twitter settings under Personalization and data, or visit the Digital Advertising Alliance’s consumer choice tool at aboutads.info. If you do not want Facebook to show you interest-based advertising, you can visit Facebook settings under Your Ad Preferences on Facebook. For mobile apps, you may be able to limit certain advertising practices using the settings on your phone, tablet or other mobile device. You may also download the AppChoices app at youradchoices.com/appchoices to opt out of the delivery of interest-based advertisements in participating mobile apps. Certain states provide additional rights. Please see our sections for residents below for additional rights you may have.

Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive non-targeted advertisements while online.

Chat Boxes

When you participate in our Chat feature, we can record and use your communications and the information you provide in order to assist you during the Chat session, to improve our products and services, and for marketing purposes.

Location Data.

We may collect your location information through our mobile applications by capturing the location (e.g., latitude/longitude) of your mobile device. If you have given the app permission to access your location at any time, we may collect your device’s location even if you are not using the Service and store your location history. If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to restrict the app’s access to your location data. Geolocation data may be used to enhance the Services, for example to offer additional functionality and information regarding your location in connection with the location of Company properties.

2. How We Use Your Personal Information

We use your personal information for the following business purposes:

• to process transactions that you have authorized us to make, including to fulfill and recover your orders such as to process your financial information and payment methods to complete your transactions;
• to facilitate your activities with respect to our Services and to allow you to participate in the features of the Services we offer, including to register your account;
• to customize and optimize the Services for you;
• to contact you regarding administrative issues, such as questions about your specific request, or otherwise respond to your comments, questions, feedback or requests;
• to verify and authenticate your identity, to help us ensure that the individuals who use the Services are who they claim to be;
• for internal business purposes, such as to verify your identity, to prevent, detect, mitigate, and investigate fraud, security breaches, and potentially prohibited or illegal activities, including, for example, activities prohibited by the Anti-Money Laundering Act, and to protect ourselves and you from people violating our terms, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities;
• to personalize your experience and tailor content we display to you, such as advertising, recommendations, promotions, and offers we display to you, both on the Services and elsewhere online;
• to help us operate the Services, including to improve the Service which may include tracking traffic, usage, trends, and navigation patterns relating to your activities;
• to deliver notices regarding your account, the services, content, features, or products you use or request, including to provide you with information concerning changes to the Services which may affect your account and/or your use of the Services – or in our discretion, changes to our policies;
• to send you information we believe is relevant to you, such as news, bulletins, marketing materials, or other information, about us or third party partners;
• to enforce this Privacy Policy and our Terms of Use;
• to respond to subpoenas, court orders, or legal process – or to establish or exercise our legal rights or defend against legal claims;
• to conduct user surveys and questionnaires;
• to comply with obligations under Applicable Law; and
• in any other way described to you when you provide the information, or otherwise with your prior consent.

We use aggregated/de-identified information to analyze the effectiveness of the Services, to improve our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our Services and the characteristics of visitors at the Services, and may share aggregated/de-identified information with third parties, including advertisers. We may collect aggregated/de-identified information through features of the software that supports our Services, through cookies, and through other means described in this Privacy Policy.

3. How We Share Information

We may share non-personal information that we collect, such as usage information, aggregate user statistics, and hashed or otherwise de-identified or pseudonymized information (including email addresses), and/or analyses derived from such information, with third parties in our discretion and as permitted by law, including for targeted advertising purposes. We may share personal information as disclosed when you provide it, when we have your consent to do so if required in terms of Applicable Law, as described elsewhere in this Privacy Policy, and in the following circumstances:

Service Providers. To assist us in running our business and to perform certain services and functions, your personal information may be disclosed, stored, and/or transferred (or otherwise made available) to third-party providers of services such as identification and background checks, cloud-based information hosting and maintenance, website hosting, record keeping, payment processing, transfer agent, email communication and customer support services, analytics, marketing, and advertising service providers, and to exchanges, trading platforms, and financial institutions. For example, we use Facebook and Instagram to track visits to the Services. These examples are not exhaustive and we may use other vendors over time as well to help us run our business and provide services to you.

Affiliates. We may share certain personal information with our affiliates, meaning an entity that controls, is controlled by, or is under common control with any other entity of Company. For example, the entities that run Company’s cryptocurrency kiosk business, GPD Holdings LLC and CoinFlip Canada Inc. DBA Olliv, may share personal information with the entity that runs Company’s OTC trading business, CF Preferred LLC. Our affiliates may use the personal information we share in a manner consistent with this Privacy Policy, including for business, operational, and marketing purposes.

For Legal and Compliance Reasons. We and our service providers may share your personal information to the extent we reasonably believe we are required to do so by law or to comply with legal or regulatory requirements, such as a warrant, subpoena, or other court order, or to protect against fraud, illegal activity, or as otherwise required or permitted by applicable domestic or international laws or legal processes. Your personal information may also be disclosed where necessary for the establishment, exercise, or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property, or to otherwise protect the rights, property, safety, or security of Company, users of the Services, and others. We may also use device identifiers, such as IP addresses, to identify users in cooperation with copyright owners, Internet service providers, website service providers, and/or law enforcement agencies, in our discretion and in accordance with applicable laws.

Sweepstakes, Contests, Promotions. We may offer sweepstakes, contests or other promotions (any, a "Promotion"), that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern that Promotion, which may contain specific requirements of you (including, without limitation and except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, as required by law or permitted by the Promotion's terms or official rules (such as on a winners list).

In Connection with a Corporate Transaction. Your personal information may be provided to third parties in connection with a business transaction, including a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Company or as part of a corporate reorganization, or stock or asset sale, or other change in corporate control, including for the purpose of determining whether to proceed or continue with such transaction or business relationship. Your personal information may also be one of the transferred assets as part of the transaction or bankruptcy. We may also share your personal information in the diligence process or to otherwise facilitate any such transaction, and with individuals assisting in the transaction or in connection with a bankruptcy.

For Safety & Security. We may reveal your personal information to third parties, including law enforcement agencies, in order to protect the safety and security of our users or of any third party.

4. Social Media

We may offer you the opportunity to interact with and engage with our content on or through third-party social networking websites, plug-ins and applications, for example “liking” or “sharing” content from the Services, posting your social media posts to the Services, including a hashtag associated with us in your social media post, or creating an account or registering with the Services using existing login information from a third-party platform (“Social Media Features”). When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture and gender) to deliver the content or as part of the operation of the Services, plug-in or application. If others give us access to their profile, page, or other content on a third-party platform, we may also receive information about you if it is accessible through that content.

Also, both we and the third party may have access to certain information about you and your use of the Services and the third-party service. These third-party companies may collect information about your visit to our Services through the Social Media Features we have integrated into the Services. Note that through the Social Media Features, these third-party companies may be able to collect certain information about your visits to the Services regardless of whether or not you affirmatively interact with the Social Media Features and whether or not you are logged into (or have) an account with the third-party platform. The information we collect in connection with Social Media Features is subject to this Privacy Policy; the information the third-party platform collects is subject to the third party’s privacy practices (including whether the third-party shares information with us, the types of information shared, and your choices about what is visible to others on the third-party platform).

If you use Social Media Features, your interaction and personal information may be publicly disclosed on the Services and on the third-party platform. Your use of Social Media Features is subject to our Terms of Use.

5. User Submissions

We may offer areas where you can choose to interact with others and/or to post or submit content. Note that anything you choose to disclose in such a forum is public. It may be viewed, collected, and used by others and the protections of this Privacy Policy will not apply. Think carefully before you post and use caution before disclosing any personal information. Please review the Terms for information on the rights that you grant to us in any content you choose to post in a forum.

Feedback, Questionnaires and Surveys

Our Services allows site visitors and customers to participate in surveys and questionnaires, which from time to time we may post on the Services. We also encourage our users to provide feedback to us about our Services. You are free to choose whether you participate in these activities. We may ask that, in addition to providing your responses, you also provide us with your contact information. In these instances, we use any personal information you choose to provide to us in connection with these activities for the purposes for which you submit the information.

We aggregate/de-identify information derived from survey and questionnaire information – with your personal information removed – for monitoring or improving the use and appeal of the Services (with no other obligation to you and, specifically, with no obligation to compensate you for these uses). You are not obligated to participate in any of these activities and, if you undertake these activities, you will have the ability to opt-out as provided below.

6. Third Party Content and Links

This privacy statement applies only to personal information collected by us. Our Services may contain content and links to third party websites that are not owned or controlled by Company. Company has no control over, does not review and is not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Services and go to another site. During this process, another entity may collect personal information from you, and that collection is subject to the third party’s privacy policy/notice. Likewise, our content may be included on third parties’ web pages and web sites that are not associated with Company and over which we have no control.

Company is not responsible for the privacy practices of third party sites, and we encourage you to be aware when you leave our site and to read the privacy statements of each and every web site that collects personal information.

7. Data Security

We have put in place commercially-reasonable administrative, technical, and physical measures in an effort to prevent unauthorized access to or disclosure of personal information, and we take reasonable steps to secure and safeguard this Information against loss, theft, and unauthorized use, disclosure, or modification. With that said, there is no such thing as 100% security of the networks, servers, and databases we operate or that are operated on our behalf. For example, email sent to or from the Services may not be secure. Before submitting any personal information via the Site, please be aware of these inherent risks and understand that you do so at your own risk.

8. Data Retention

We keep your personal information for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so in connection with your account, or as required by law (e.g., for tax, legal, accounting or other purposes), whichever is longer.

9. Your Choices

Depending on the functionality associated with the Services feature you are using, you may be able to update or delete certain of your personal information on the Services. We will take reasonable steps to make requested changes in our active databases. Note, however, that we may retain information that you have updated or deleted in backup systems or for internal or administrative purposes and for other reasons to the extent allowed by applicable law, such as to resolve disputes, troubleshoot problems and enforce our Terms of Use.

Any correction or deletion requests may be sent to [email protected].

If you no longer wish to receive marketing emails from us, you can opt out of these communications by clicking on the “unsubscribe” link included in those emails, or by contacting us at [email protected]. Please understand that you will not be allowed to opt-out of transactional notices or other legal and related notices concerning your relationship to the Services or your account, such as relating to your use of the Services, announcements, notices of changes to this Privacy Policy or our other terms, or similar administrative or transactional messages.

If Company offers and you choose to sign-up to communicate with us via text message, you may unsubscribe by replying "STOP."

You can also turn off push notifications in your device settings.

10. General Audience Site

This Services are not directed to children younger than the age of 18. We do not knowingly seek to collect or maintain personal information or other information from children younger than the age of 18. We will use commercially reasonable efforts to delete any personal information or other information later determined to be provided by a child younger than the age of 18. If you become aware that a minor has provided personal information through our Services, please email us at [email protected].

11. Changes to This Privacy Policy

To the extent allowed by applicable law, we reserve the right to alter, modify, update, add to, subtract from or otherwise change this Privacy Policy in our discretion at any time. When we make material changes to this Privacy Policy, we will notify you by posting the updated Privacy Policy on our website, and we will update the effective date at the end of this Privacy Policy. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. As this Privacy Policy may be modified from time-to-time, we encourage you to periodically review this Privacy Policy to stay informed about how we collect, use, and share personal information. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified, and your continued use of the Service after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy) will constitute your consent to those changes to the fullest extent allowed by applicable law. We will not use your personal information in a manner materially different than promised at the time the information was collected without giving you the change to consent (which may be opt-out consent or which may occur through your continue use of the Services) to the new policy, as required.

12. “Do Not Track” and Global Privacy Control Signals

Do Not Track

Please note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services that you visit. When you choose to turn on the “Do Not Track” setting in your browser, your browser will send a signal to websites, analytics providers, advertisement networks, plug-in providers, and other web service providers you encounter while browsing to stop tracking your activity.  To find out more about and set up “Do Not Track,” please visit http://www.allaboutdnt.com. 

Global Privacy Control

Global Privacy Control (“GPC”) is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences with regard to third party online tracking.  To find out more about and set up GPC, please visit https://globalprivacycontrol.org/#about.

13. Contact Us

If you have any questions about this Privacy Policy, the practices of the Services, or your dealings with the Services, please contact us at [email protected].

14. NOTICE TO NEVADA RESIDENTS

Company does not currently sell your covered information as those terms are defined under applicable Nevada law. You may still submit an opt-out request and we will honor that request as required by Nevada law if Company were to engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of the sale of your covered information, please submit your request to [email protected].  Your request must include your full name and zip code. Please contact us from the email address you have used to interact with us, or else provide us with that email address in your Nevada Opt-Out request email. We may contact you via such email address us as needed regarding this request. If you previously provided a phone number to us, including it in your Nevada Opt-Out request email will assist us in identifying you and processing your request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request.

15. Notice to Vermont Residents

If you are a Vermont resident, we will not share personal information we collect about you with nonaffiliated third parties, except as permitted by law, including, for example, with your consent or to service your account, or for joint marketing. We will not share personal information about your creditworthiness with our affiliates or for joint marketing other than as permitted by Vermont law, unless you authorize us to make those disclosures.

16. Notice to Virginia Residents

We set forth above in our Privacy Policy the categories of personal data we process, the purpose for processing personal data, the categories of personal data shared, and the categories of third parties with whom personal data is shared.

If you are a Virginia Consumer and would like to exercise your rights pursuant to the Virginia Consumer Data Protection Act (VCDPA), and any implementing regulations adopted thereunder, please email [email protected] or call 877-757-2646 to submit a request.

Virginia Consumers have the following rights, all subject to the meanings and exceptions set forth in the VCDPA:

1. To confirm whether we are processing your Personal Data and request to access such data ("Right to Access").
2. That we correct inaccurate Personal Data we hold about you (“Right to Correct”).
3. That we delete the Personal Data provided by you or obtained about you ("Right to Delete").
4. To obtain a copy of the Personal Data previously provided by you to us and, to the extent feasible, in a readily usable format to allow data portability (“Right to Obtain”).
5. To opt-out out of:
   • the processing of your Personal Data for the purposes of targeted advertising (“Right to Opt-Out of Targeted Advertising”).

*Company engages in online advertising practices (and certain analytics or similar activities) that may be considered “targeted advertising” under the VCDPA. 

• the processing of your personal data for the purposes of profiling (“Right to Opt-Out of Profiling”).

VCDPA Appeals

Pursuant to the VCDPA, if, for any reason, you would like to appeal our decision relating to your request, you have the right to submit an appeal and can do so by emailing [email protected] or call 877-757-2646. Please include your full name, the basis for your appeal, and any additional information to consider.

17. Notice to California Residents

This California Privacy Notice is effective as of December 20, 2022.

This notice supplements our Privacy Policy and applies only to California residents. This California Privacy Notice sets forth the disclosures and rights for California Consumers regarding their Personal Information, as required by the California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act of 2020 (“CPRA”), and any implementing regulations adopted thereunder. Terms (including defined capitalized terms) used in this California Privacy Notice have the same meanings given in the CCPA and CPRA and the associated regulations, unless otherwise defined.

18.    Notice to Individuals Located in the European Economic Area (EEA), the United Kingdom (UK), and Switzerland

If you are a resident of the European Union or other EEA countries, or of the UK or Switzerland, the following information applies.

Purposes of processing and legal basis for processing: As explained above, we process personal information in various ways depending upon your use of our Services. We process personal information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedoms related to data privacy.

Right to lodge a complaint: Users that reside in the EEA, UK, or Switzerland have the right to seek information and assistance or lodge a complaint about our data collection and processing actions with the supervisory authority where they reside. Contact details for data protection authorities are available here. EEA:   https://edpb.europa.eu/about-edpb/board/members_en, UK:  https://ico.org.uk/, Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/links/data-protection---switzerland.html.

Transfers: Personal information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. We ensure that transfers of personal information to a third country or an international organization are subject to appropriate safeguards as described in Article 45-49 of the GDPR.

Withdraw consent: If we have collected personal information with your consent, you have the right to withdraw that consent at any time.

Access: You have the right to request access to personal information we collected about you and information about its sources, purposes, and sharing.

Correction: You have the right to request that we correct the personal information we hold about you if it is inaccurate or incomplete.

Erasure: You have the right to request that we erase data we have collected from you. Please note that we may have a reason to deny your deletion request or delete data in a more limited way than you anticipated, e.g., because of a legal obligation or right to retain it. 

Portability: You have the right, in certain circumstances, to request that we provide your personal information to you in a format that can be transferred to another entity.

Restrict Processing: You have the right, in certain circumstances, to request that we limit our processing of your personal information if you are (1) contesting the accuracy of your personal information, (2) asserting that our processing is unlawful; (3) asserting that we no longer need to keep the information for reasons related to the establishment, exercise, or defense of legal claims, or you object to our processing.

Object: You have the right to object to our processing if we are processing your personal information based on legitimate interests, using your personal information for direct marketing (including profiling), or processing your personal information for purposes of scientific or historical research and statistics.

Automated Decision Making: You have the right, in certain circumstances, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on you.

Verification Procedures: We must verify your identity for everyone’s protection, so we may require you to provide us with verification information prior to accessing any records containing personal information about you. We do this by:

• Asking you to provide personal identifiers we can match against information we may have collected from you previously and confirm your request using the email or telephone account stated in the request; or
• Having you submit your request through your account page, which will automatically verify your identity and will result in faster processing of your request.

We will use the information you provide for verification only for the purpose of verification. We may have a reason under the law why we do not have to respond to your request or respond to it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

19.    Prevailing Language

In the event this document is available in multiple languages, the English version of these Terms represents the understanding of both Parties. Any other version is provided as a translation. In the event of conflict between the two versions, the English version shall be controlling.

NOTICE TO DATA SUBJECTS LOCATED IN SOUTH AFRICA

This notice supplements our Privacy Policy and applies to individuals accessing the Services from South Africa, and to the extent that the Company processes personal information in South Africa.  

This notice has been prepared in accordance with the provisions of the South African Protection of Personal Information Act (POPIA). For purposes of this notice, a data subject may be either a natural person or a juristic person.

Purposes of processing and justifiable basis for processing: As explained above, we process personal information in various ways depending upon your use of our Services. We process personal information on the following legal bases: (1) with your consent, where required; (2) as is necessary to perform our agreement to provide you with the Services; (3) where it is necessary to comply with an obligation imposed by law; and (3) as may be necessary to pursue our legitimate interests or that of a third party.

Data subject rights: you may have the following rights as contained in POPIA:

1. The right to establish whether we hold personal information about you and to request access to your personal information, which request may be subject to the grounds of refusal set out in the Promotion of Access to Information Act.
2. The right to request, where necessary, the correction of inaccurate or incomplete personal information we hold about you.
3. The right to request that we delete the personal information provided by you or obtained about you.
4. The right to withdraw your consent to us processing your personal information at any time.
5. The right to object, on reasonable grounds, to the processing of your personal information in certain limited circumstances, including where it is processed for purposes of direct marketing by means of unsolicited electronic communications.
6. The right not to be subject to a decision which is based solely on the automated processing of your personal information which is intended to provide a profile of you.

 

Should you wish to exercise any of your rights, you are required to submit your request to [insert].

 

Right to lodge a complaint: You have the right to lodge a complaint about our data collection and processing actions with the supervisory authority, namely the South African Information Regulator. The South African Information Regulator’s contact details and additional resources regarding the complaint process are available here:  https://inforegulator.org.za/complaints/  

Transfers: Personal information we collect in South Africa may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. In circumstances where the recipient entity is not subject to a law that requires the processing and protection of personal information in a manner similar to what is contained in POPIA, we will endeavor to ensure that the recipient is subject to binding corporate rules or a transfer agreement that provides for an adequate level of protection.

Laws authorizing or requiring the collection of personal information: We may be required to collect and process your personal information in order to comply with certain laws including the following:

1. The Financial Intelligence Centre Act
2. The Consumer Protection Act
3. The Income Tax Act
4. The Value-Added Tax Act

In most instances, you will be required to make your personal information available in order to receive the Services and the supply of the information is accordingly mandatory. In instances where it is voluntary, you will be informed accordingly.

Information Officer

For the processing of personal information taking place in South Africa, Coinflip South Africa (Pty) Limited has appointed and registered an information officer responsible for overseeing our compliance with the provisions of POPIA, whom you may contact at [insert] in case of any questions or concerns regarding the processing of your personal information.

Prevailing Language

In the event this document is available in multiple languages, the English version of these Terms represents the understanding of both Parties. Any other version is provided as a translation. In the event of conflict between the two versions, the English version shall be controlling.