- 1. Contact Information:
Company name: Guardarian OÜ (reg. number 14320990), a private limited company incorporated in Estonia
Address: Rotermanni tn 2, Kesklinna linnaosa, 10111 Tallinn, Estonia
Email: [email protected]
- 2. Legal grounds for the processing of personal data
Any operation related to the processing of personal data must have a legal basis for the processing. We collect any data only on a lawful ground and only data that is necessary to provide our Services to you. We use the main four grounds to process your personal data: consent, contract, legal obligation, and legitimate interests.
Consent – freely given, informed, and unambiguous indication of your wishes to the processing of your personal data for a specific purpose which signifies agreement to the processing of personal data.
Contract – a legal ground for the processing of the personal data necessary for us to perform a contract or the Terms of Service to which you are a party or in order to take steps at your request prior to entering into the contract or the Terms of Service.
Legal obligations – a legal ground for the processing of the personal data when there is an obligation to comply with a legal obligation to which we are subject;
Legitimate Interests – a legal ground for the processing of the personal data when it is based on our legitimate interests or the legitimate interests of a third party, provided that those interests are not outweighed by your rights and interests and those interests have a specific purpose, they are necessary, and they are balanced.
Applicable laws have other legal grounds for the processing and when they are applicable we will use such grounds to process the personal data.
- 3. What information do we collect?
We do not require you to register or log in. We do not have access to your funds (private keys). We do not require your name or email address.
We process the following categories of information:
- 3.1. Information You Give Us
Subscription. The email address you give us to subscribe to the electronic mailing list if you wish. You will have the ability to opt-out of our marketing and promotional communications.
Resolve issues. You can submit some data to support in case this data needed to resolve issues (for example, with partners).
Information related to legal requirements. Information to comply with our anti-money laundering (AML) obligations under applicable law.
- 3.2. Information We Collect When You Use Our Services
Device information. Technical details, such as information about your hardware, device manufacturer, unique device identifiers, information about software, the operating system, and version running on your system or device, browser and plug-ins, and mobile network information.
Your activity. Information about your experience while using our Services, such as response time, crash reports and errors, length of visit, the information provided to our support team. This is statistical non-personified data about our users' browsing actions and patterns.
Log Data. We also receive this information when you use our Services, which we refer to as Log Data. This Log Data includes your IP address, operating system, visited pages, location, hardware or device information, and cookie information. We use Log Data to operate our Services and to ensure their secure performance.
- 3.3. Information Provided to Third Party When You Use Integrations
We integrate functionality of third-party partners. More about third-party integrations you can read in our Terms of Service. Depending on the integrations you wish to use, our partners collect the following types of information related to know your client (KYC) procedures:
Identification information. Full name, date of birth, nationality, place of birth, age, phone number, home address, and/or email, tax number, passport number, driver’s license details, national identity card details, copies of identification cards, or other identification information necessary for the know your client (KYC) procedures.
Transaction information. Bank account details, payment card details, transaction history, trading data, and/or tax identification.
We do not have access to such information.
- 3.4. Information Provided to Us by Third Parties
Information related to legal requirements. We will obtain information about you from third party sources as required or permitted by applicable law, such as public databases, credit bureaus, ID verification partners, resellers and channel partners, business partners. We obtain such information to comply with our legal obligations, such as anti-money laundering (AML) laws, which is our lawful basis for processing, and to provide you with our Services. In some cases, we can process additional data about you to ensure our Services are not used fraudulently or for other illicit activities.
- 3.1. Information You Give Us
- 4. How do we get the personal data and why do we have it?
We will only process information that is necessary for the purpose for which it has been collected.
- 4.1. Consent rules and related purposes
Where you have provided your consent, we may use and process your information to contact you about offers, promotions, events, services or information which we think will be of interest to you. We also process personal data we obtain from optional cookies that we set on the App based on your consent. In case if the legal basis is consent, you can withdraw your consent at any time via available options.
If you do withdraw your consent, and if we do not have another legal basis for the processing of your data, then we will stop the processing of your personal data and will delete in specific situations, including in case if you request the deletion of your personal data and we are obliged to delete your personal data according to the applicable law.
If we have another legal basis for the processing of your data, then we will continue to do so, subject to your legal interests and rights.
- 4.2. Contract rules and related purposes
We use and process your personal data where this is necessary to perform a contract or the Terms of Service with you and to fulfill and complete your transactions entered into with us or provide the Services.
- 4.3. Legitimate interests’ rules and related purposes
We use and process your personal data as set out below where it is necessary for us to carry out activities for which it is in our legitimate interests as a business to do so.
Users support: to respond to correspondence you send to us and fulfill the requests you make to us; to help you through live-chat.
Promotion of our business: to contact you with marketing information in certain cases; to contact you with targeted advertising delivered online through social media, search engines, third party websites or apps and applications, and other platforms operated by other companies unless you object or such activity requires your consent.
Communication with you: to communicate with you including to respond to queries, complaints, or claims and to manage legal and regulatory requests and requirements; to enforce or protect our legal rights or to establish, bring or defend legal claims.
Administrative and technical aspects: for network and information security purposes; to comply with a request from you in connection with the exercise of your rights; to inform you of updates to our terms and policies; for cookies that are essential for our App to function properly.
Analytics: to evaluate user behavior, including to understand the effectiveness of existing product features, plan new features, or measure audience size or characteristics
- 4.4. Legal obligation’ rules and related purposes
We will process your personal data to comply with our legal or regulatory requirements, for example, anti-money laundering (AML), and know your client (KYC) rules.
- 4.1. Consent rules and related purposes
- 5. How do we process personal data?
We share your data with our contractors provided these third parties assume confidentiality obligations regarding your personal data and have sufficient and appropriate safeguards of data protection.
- 5.1. Disclosure of personal data
In some circumstances, we may disclose or transfer your personal data to the following third parties:
- Companies or organizations to which we pass the responsibility to handle the Services on our behalf, or business partners or contractors with which we have a data processing agreement or addendum;
- Government or law enforcement officials or court in cases provided by law.
- 5.2. Sharing of personal data
We share information for the following purposes:
- to provide our Services to you or to administer them;
- to comply with any applicable laws or regulations,
- to detect and investigate fraudulent or unlawful activity and respond to claims and legal process;
- to prevent or stop activity we consider to be, or to pose a risk of being, illegal, unethical or legally actionable or that poses a threat to the safety of you, another person, or the public generally;
- in case of any reorganizations of our company or transfer of control with the transfer of all information to the relevant third party.
- 5.3. Purposes of the processing of personal data
We process personal data for the following main purposes:
- Providing services. Legal basis: Contract.
- Providing newsletters/offers/updates which may be interesting to you. Legal basis: Consent for newsletters; Legitimate Interests for offers and updates.
- Compliance with applicable anti-money laundering and know your client rules. Legal basis: Legal obligation.
- Keeping the App running (managing your requests, remembering your settings, hosting, and back-end infrastructure). Legal basis: Legitimate Interests.
- Operating and improving the App (testing features, interacting with feedback platforms, managing landing pages, heat mapping the App, traffic optimization, and data analysis and research, including profiling and the use of machine learning and other techniques over your data and in some cases using third parties to do this). Legal basis: Legitimate Interests.
- Customer support (notifying you of any changes to the App, services, solving issues, any bug fixing sending you announcements, updates, and security alerts, which we send through a push notification, and responding to your requests, questions, and feedback). Legal basis: Legitimate Interests.
- 5.1. Disclosure of personal data
- 6. How do we store your personal data?
We protect personal data in accordance with EU legal requirements, including the General Data Protection Regulation (GDPR). Your personal data is securely stored in the European Economic Area (EEA).
- 7. Transferring Outside of the European Economic Area (EEA)
The data that we collect from you may be transferred to, and stored outside the EEA; for example, our employee or one of our partners in another jurisdiction may need to process your data to fulfill your order, transaction or to provide you with our support. We only transfer your personal data to third parties in cases when we have appropriate grounds for such transferring (adequacy decision, appropriate safeguards or derogations) and we take adequate and appropriate technical, physical, and organizational security measures to protect your privacy and your data subject's rights.
- 8. Data Retention Periods
We keep information that we need to resolve any disputes, enforce our contracts, agreements, and terms with you and provide you with the possibility to use our Services, protect legal rights, and comply with technical and legal requirements and constraints related to the security and operation of our Services for as long as it is reasonably necessary or required.
In some cases, there may be specific terms of the data retention periods. For example, according to different applicable laws, we are obliged to keep some of your personal and transactional data at least five (5) years after termination of the business relations between you and us for KYC (Know Your Client) purposes.
Otherwise, we may delete information when it is not anymore reasonably necessary to keep it to provide you the Services, to comply with applicable laws and regulations, and to run our business.
- 9. How do we keep your information safe?
We have implemented appropriate technical, procedural, and organizational security measures designed to protect the security of any personal data we process. We regularly monitor our systems for possible vulnerabilities and attacks. Your information is stored on secure servers. We restrict access to your personal data to those employees who are trained and instructed, have a business reason to access, and professional skills allowing them to work with your personal data. Access control and encryption are the key technologies for protecting data.
Additionally, data passing over networks, including the Internet, are encrypted with HTTPS, security audits, and other technologies. In addition, data is encrypted when it is stored or "at rest" within servers and hard drives as well.
However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet and information storage technology can be guaranteed to be 100% secure, so we cannot promise and guarantee that hackers, cybercriminals, or unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal data, the transmission of personal data to and from our App is at your own risk. You should only access the App within a secure environment.
- 10. Your data protection rights
You can exercise the following rights by contacting us.
You have the right to access information about you, especially:
- the categories of data;
- the purposes of data processing;
- third parties to whom the data disclosed;
- how long the data will be retained and the criteria used to determine that period;
- other rights regarding the use of your data.
The right to access information may be performed only by you or your legal representative. In case if you request the right to access information via a legal representative, you have to provide proof of whether such a person may represent you.
You have the right to make us correct any inaccurate personal data about you.
You can object to using your personal data for profiling you or making automated decisions about you. We may use your data to determine whether we should let you know the information that might be relevant to you.
You have the right to restrict processing – You have the right to ask us to restrict the processing of your personal data in certain circumstances.
You have the right to the data portability of your data to another service or website. We will give you a copy of your data in a readable format so that you can provide it to another service. If you ask us and it is technically possible, we will directly transfer the data to the other service for you.
You have the right to be “forgotten”. You may ask to erase any personal data about you if it is no longer necessary for us to store the data or in other certain circumstances.
You have the right to lodge a complaint regarding the use of your data by us. You can address a complaint to your national regulator (the list of some regulators is accessible via https://edpb.europa.eu/about-edpb/board/members_en).
Once we receive any of your requests we will consider and decide on it within one month unless there is a justified requirement to provide such information faster. This term may be extended according to the applicable law.
We may request specific information from you to confirm your identity when necessary and reasonable. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
You do not need to pay a fee to access information or other rights but we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive or refuse to comply with your request in these circumstances.
- 11. Children’s Privacy
We kindly remind you that our Services are not intended for use by children under 18 years of age according to the Terms of Service. We do not knowingly collect or process any personal data from or with respect to children. If we become aware that we have collected personal data on behalf of a person under the age of 18, we will delete this information when we become aware of it. By our side, we will block or restrict the child from accessing our Services, or obtain consent from parents for the collection, use, and sharing of their children's personal data. If you have any reason to believe that we have collected such personal data, please, inform us immediately.
- 12. Cookies
We collect, process, and analyze data regarding the use of our App. Traffic data is data connected to visitors on the web page and data handled in communication fields for sending, distributing, or making messages available.
You can set or amend your web browser controls to accept or reject cookies. Alternatively, you may wish to visit https://aboutcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers.
If you choose to reject cookies, you will still use our App and some Services, however, your access to some functionality and areas of our App or Services may be restricted.
We use necessary, preferential, statistical, and marketing cookies. For more information, you may contact us.
- 13. Third Party Services
- 15. How do you make a complaint?
If you have any concerns about our use of your personal data, you can write to us via the contact information.
If you are a resident in the European Economic Area and you believe we are unlawfully using your personal data, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm