This Policy is in compliance with GDPR (General Data Protection Regulation(EU) 2016/679), with the Regulation (EU) 2015/847 and Money Laundering and Terrorist Financing Prevention Act of Estonia and with other applicable Estonian and International laws for the Prevention of Money Laundering and Terrorist Financing
INTERPRETATION AND DEFINITIONS
The words of which the initial letter is capitalized have meanings defined in the “Definitions” section below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Business, for the purpose of this Policy, refers to the Company as the legal entity that collects Customers’ personal information and determines the purposes and means of the processing of Customers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of Customers’ personal information.
Company (hereinafter also referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Octo Liquidity OU, 14829050, Peetri tn 7-5, Põhja-Tallinna linnaosa, Tallinn, Harju maakond, 10415, License FVT 000398.
For the purpose of this Policy, the Company is the Data Controller.
Mobile Platform means an application that is distributed by the Company through AppStore or Google Play.
Website Platform means a website that is operated by the Company and available at https://swaps.app.
Bot Platfo means a software application that is distributed by the Company and is programmed to do certain tasks.
Platform means collective name that can refer to the Mobile, Website and Bot Platform.
Swaps means collective name that can refer to both the Platform and the Company.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Data Controller, for the purposes of this Policy, refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
Sale, for the purpose of this Policy, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Customer’s Personal information to another business or a third party for monetary or other valuable consideration.
Service refers to any type of services connected with Platform provided by the Company.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of this Policy, Service Providers are considered Data Processors.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
COLLECTING AND USING YOUR PERSONAL DATA
Types of Data Collected
When you use our services, access our platform to make crypto currencies exchange, we collect personal data about the parties to the transaction which may include some or all of the following:
Date of birth
Passport or National ID card
Video authentication during selfie authorization
Bank card information (card number, CVC or CVV, card expire date, card holder Name and Surname) amounts sent and received, amounts paid for services.
Social media profile information
Transaction Data includes also details about:
the type of virtual financial assets involved, the order volume, price, value;
your virtual currency exchanging records;
transaction history on the Platform, including withdrawals and virtual and fiat currency exchanging;
amounts credited to your account and your account balances.
For the Anti-Money Laundering purposes the Customer also can be asked for more documents such as statement of work, statement of financial position or a recent Utility Bill in order to verify Customer’s residential address.
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may still use the Platform.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Platform and to enable You to use some of its features. They help to authenticate Customers and prevent fraudulent use of Customer’s accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Platform, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Platform.
Type: Persistent Cookies
Administered by: Us
Purpose: Personalization cookies are used to recognize repeat visitors to the Platform. We use these cookies to record Your browsing history, the pages You have visited, and Your settings and preferences each time you visit the Platform.
Type: Persistent Cookies
Administered by: Us
Purpose: Security cookies help identify and prevent security risks. We use these cookies to authenticate users and protect user data from unauthorized parties.
Site Management Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: Site management cookies are used to maintain Your identity or session on the Site so that You are not logged off unexpectedly, and any information You enter is retained from page to page. These cookies cannot be turned off individually, but You can disable all cookies in your browser
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Platform and how Customers use the Platform. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Platform. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Platform to see how our Customers react to them.
Targeting and Advertising Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies track your browsing habits to enable Us to show advertising which is more likely to be of interest to You. These Cookies use information about your browsing history to group You with other Customers who have similar interests. Based on that information, and with Our permission, third party advertisers can place Cookies to enable them to show adverts which We think will be relevant to your interests while You are on third party websites.
Control of cookies
Most browsers are set to accept cookies by default. However, You can remove or reject cookies in Your browser’s settings.
For more information on how to control cookies, check your browser or device’s settings for how you can control or reject cookies, or visit the following links:
In addition, you may opt-out of some third-party cookies through the Network Advertising Initiative’s Opt-Out Tool.
Other tracking technologies
In addition to cookies, We may use web beacons, pixel tags, and other tracking technologies on the Platform to help customize the Platform and improve Your experience. A “web beacon” or “pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, You can limit their use by controlling the cookies that interact with them.
Use of Customer’s Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service,including to monitor the usage of our Service.
To manage Customer’s Account with the Platform: to manage Your registration as a Customer of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered Customer.
To verify Customer’s identity for Due Diligence purposes: The Company needs to perform its Due Diligence measures and apply the principles of KYC (Know-Customer’s-Customer) before entering a business relationship with any Customer in order to prevent actions, such as money laundering or terrorist financing, and to perform other duties imposed by law.
To process Customer’s transactions and to provide Customers with post-transaction information,
To inform Customer of additional products and/or services relevant to Customer’s profile,
To produce analysis and statistical data which will help the Company improve its products and services, and for Platform enhancement purposes.
To manage Customer’s requests: To attend and manage Your requests to Us.
To comply with legal obligations: There are a number of legal obligations emanating from the relevant laws to which the Company is subject to, as well as other statutory requirements. Such obligations and requirements impose on Swaps are necessary personal data processing activities for credit checks, identity verification, compliance with court orders, tax law or other reporting obligations and anti-money laundering controls.
We may share your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to advertise on third party websites to You after You visited our Service, for payment processing, to contact You.
For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
Retention of Your Personal Data
Swaps store and transmit payment card data in accordance with the basic standards of confidentiality and security of credit and debit cards according to the PCI DSS.
Payment card data is not stored on the server.
The records related to the transactions retained by Swaps for periods of 6 month after the bank card expire date.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Customers of the Service or the public
Protect against legal liability
Security of Your Personal Data
Swaps uses appropriate technical, organizational and administrative security measures to protect any information it holds in its records from loss, misuse, and unauthorized access, disclosure, alteration and destruction. Unfortunately, no company or service can guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Customer information at any time. Among other practices, Customer’s account is protected by a password for Customer’s privacy and security. Customers must prevent unauthorised access to Customer’s account and Personal Information by selecting and protecting Customer’s password appropriately and limiting access to Customer’s computer or device and browser by signing off after you have finished accessing Customer’s account. Transmission of information via regular email exchange is not always completely secure. The Company however exercises all possible actions to protect Customers’ personal data, yet it cannot guarantee the security of Customer data that is transmitted via email; any transmission is at the Customers’ own risk. Once the Company has received the Customer information it will use procedures and security features in an attempt to prevent unauthorised access. Emails are stored on Company’s standard internal contact systems which are secure and cannot be accessed by unauthorised external parties.
Swaps uses Secure Socket Layer (SSL) technology to encrypt and protect the data you send us over the internet. If SSL is enabled, you will see a padlock at the top of your browser and you can click on this to find out more information about the SSL digital certificate registration. The Customer will also notice that when you look at the URL at the top of the browser you will see that it begins with ‘https’ instead of ‘http’. This means that you are in secure mode.
DETAILED INFORMATION ON THE PROCESSING OF YOUR PERSONAL DATA
Swaps and any agents that it engages for the purpose of collecting, storing and processing personal data and any third parties acting on Company’s behalf, may collect, process and store personal data provided by the Customer. Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
As a general rule, the Customer data is processed within the European Union/European Economic Area (EU/EEA), but in some cases it is transferred to and processed in countries outside the EU/EEA. The transfer and processing of Customer data outside the EU/ EEA can take place provided there are appropriate safeguards in place and the actions are made based on a legal basis only. Upon request, the Customer may receive further details on Customer data transfers to countries outside the EU/EEA.
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Intercom is an American software company that produces a messaging platform which allows businesses to communicate with prospective and existing customers within their app, on their website, through social media, or via email.
Intercom's platform lets businesses track and filter customer data. This data includes conversation history, product usage behavior, past purchases and payment details. Businesses can use these attributes to trigger personalized, automated marketing emails and in-app messages, which can be sent to customers while they are logged into their app.
SendGrid is a Denver, Colorado-based customer communication platform for transactional and marketing email.
The Company may process Customer’s personal data to inform Customers about products, services and offers that may be of interest to them. The personal data that Swaps processes for this purpose consists of information Customers provide to the Company and data Swaps collects and/or infers when Customer uses services of the Platform, such as information on Customer’s transactions. Company studies all such information to form a view on what is needed or what may be of interest to Customers.
In some cases, profiling may be used. Profiling is a process when Customer’s data is being automatically processed with the aim of evaluating certain personal aspects and to further provide Customers with targeted marketing information on products. Company’s site uses technologies of third-party partners to help Company recognize Customer’s device and understand how Customer uses Company’s site so that Swaps can improve its services to reflect Customers interests and serve advertisements about the services that are likely to be of more interest to Customer. Specifically, these partners collect information about Customer’s activity on Company’s site to enable Company to: measure and analyze traffic and browsing activity on Company’s site; show advertisements for Company’s services to Customer on third-party sites; measure and analyze the performance of Company’s advertising campaigns; Company may share data, such as hashed email derived from emails or other online identifiers collected on Company’s site with Company’s advertising partners. This allows Company’s partners to recognize and deliver ads to Customer across devices and browsers.
Swaps can only use Customer’s personal data to promote its products and services to Customers if Swaps has Customer’s explicit consent to do so – by clicking on the tick box during the account opening form – or in certain cases, if the Company considers that it is in their legitimate interest to do so. Further, Customers have the option to choose whether they wish to receive marketing related emails (company news, information about campaigns, the company’s newsletter, the company’s strategic report, etc.) to Customer’s provided email address by clicking the relevant tick box during the account opening form. Company’s partners may use non-cookie technologies that may not be impacted by browser settings that block cookies. Customer’s browser may not permit to block such technologies. For this reason, Customer can use the following third party tools to decline the collection and use of information for the purpose of serving Customer interest based advertising:
The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
The EDAA’s opt-out platform: http://www.youronlinechoices.com/
The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
Customers have the right to object at any time to the processing of Customer’s personal data for marketing purposes or unsubscribe to the provision of marketing related emails by the Company, by contacting at any time Company’s Customer support department via the following ways:
By Email: [email protected]
Customer support via the platform Period of keeping Customer’s personal information The Company will keep Customer’s personal data for:
As long as a business relationship exists with the Customer.
Once the business relationship with Customers has ended, Company is required to keep Customer’s data for a period of five years to meet regulatory and legal requirements. In some cases, this period may be extended. When Company no longer needs personal data, it will securely delete or destroy it.
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
Consent:You have given Your consent for processing Personal Data for one or more specific purposes.
Performance of a contract:Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
Vital interests:Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
Public interests:Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
Request the transfer of Your Personal Data.We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please 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 Your consent.You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
RAISING A CONCERN
Customer has the right to be confident that Swaps handles Customer’s personal information responsibly and in line with good practice. If a Customer has a concern about the way the Company is handling Customer’s information, or for example if a Customer feels we;
may not be keeping Customer’s information secure;
holds inaccurate information about you;
has disclosed information about you;
are keeping information about you for longer than is necessary; or
have collected information for one reason and are using it for something else;
he can raise a concern.
We take all concerns seriously and will work with you to resolve any such concerns.
Any concerns and/or requests can be raised to the appointed Data Protection Officer whose contact details are below:
Email: [email protected]
If the Customer is not satisfied with any responses provided by the Company, the Customer has a right to raise such matters with the Estonian Data Protection Inspectorate:
E-mail address: [email protected]
39 Tatari St., 10134 Tallinn, Estonia
Phone: +372 627 4135
The Customer has the right go to court or to escalate their complaint to the data protection regulator in their jurisdiction for the protection of rights, unless the applicable laws prescribe a different procedure for handling such claims.
The Company reserves the right to modify or amend this Privacy Statement unilaterally at any time in accordance with this provision.
If any changes are made to this privacy statement, we shall notify you accordingly. The revision date shown on at the end of this page will also be amended. We do however encourage you to review this privacy statement occasionally so as to always be informed about how we are processing and protecting Customer’s personal information.
LINKS TO OTHER WEBSITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.