PERSONAL INFORMATION WE MAY COLLECT
While providing our Services, we may collect Personal Information, namely:
- An information necessary for registration. In order to access the full functionality of the Service, you need to register. When you go through the registration process, you shall provide an e-mail address and create a password. You may also choose to log in via supported third-party service provider (for example, Twitter, Facebook and Google+).
- Transaction Information. For all personal user accounts, we collect transaction information including transaction history.
- An information, which we may collect through automated means. Through your use of our Services, including exchange tools, we also monitor and collect tracking information related to usage such as access date & time, device identification, operating system, browser type and IP address. This information may be directly obtained by Us or through third party services.
- Sometimes you decide or we require (for example in case of KYC procedure) to share with us some other Personal Information, we may collect it as well.
Information collected automatically
Web browser cookies
WHY WE COLLECT INFORMATION
To provide and maintain our services
We use the information collected to deliver our services and verify user identity.
We use the IP address and unique identifiers stored in your device’s cookies to help us authenticate your identity and provide our service.
Given our legal obligations and system requirements, we cannot provide you with services without data like identification, contact information and transaction-related information.
To protect our users
We use the information collected to protect our platform, users’ accounts and archives.
We use IP addresses and cookie data to protect against automated abuse such as spam, phishing and Distributed Denial of Service (DDoS) attacks.
We analyze trading activity with the goal of detecting suspicious behavior early to prevent potential fraud and loss of funds to bad actors.
To comply with legal and regulatory requirements
Respect for the privacy and security of data you store with Stibits informs our approach to complying with regulations, governmental requests and user-generated inquiries. We will not disclose or provide any personal information to third party sources without review from our legal case team and/or prior consent from the user.
To measure site performance
We actively measure and analyze data to understand how our services are used. This review activity is conducted by our operations team to continually improve our platform’s performance and to resolve issues with the user experience.
We continuously monitor our systems’ activity information and communications with users to look for and quickly fix problems.
To communicate with you
We use personal information collected, like an email address to interact with users directly when providing customer support on a ticket or to keep you informed on log ins, transitions, and security. Without processing your personal information for confirming each communication, we will not be able to respond to your submitted requests, questions and inquiries. All direct communications are kept confidential and reviewed internally for accuracy.
HOW WE COLLECT INFORMATION
(A) Account Registration and Opening.
We will ask you to provide us with your Identity, Contact, Financial and AML/KYC Data when you apply to register and open an account with us on our Platform (including at account finalization stage). You provide these personal details and information to us, which we collect and process, when you fill in and submit our application form (together with other related forms), and complete our required application steps.
Your Account Data will be generated on the basis of your application and is also processed and stored by us.
(B) Service Use.
This may encompass all of the data categories namely, Identity, Contact, AML and KYC Data, Enhanced KYC Data and Transaction Data).
(C) Direct Interactions.
You may also give us your Identity, Contact, Financial, AML/KYC Data and Transaction Data by filling in our other forms (i.e. separate to our account opening and registration form), or by corresponding with us by post, phone, e-mail or otherwise. This includes personal data that you provide when you, as applicable:
- apply to open an account;
· update or edit your account details;
- subscribe to our Platform;
· request withdrawals from your Account;
· contact us with complaints or queries;
- report issues;
· submit the (additional or supplementary) AML / KYC Data that we may request from you;
· request marketing to be sent to you;
- participate in a survey; or
- provide us with feedback.
(D) Automated Technologies or Interactions.
As you interact with the Platform and the Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns.
We collect this personal data by using cookies, server logs and other similar technologies.
Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits, manage the registration process for accounts, remember your site preferences, retain certain information to process orders for exchange transactions, and retain information to provide you with support. Web beacons are electronic images that may be used on our Platform or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies.
Please note that choosing to remove or reject cookies could affect the availability and functionality of our Services.
(E) Third Parties or Publicly Available Sources.
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to social media platforms and publicly available sources.
We may also receive personal data about you from various third parties and public sources, as set out below:
- Technical Data from the following parties:
- analytic providers such as Google Analytics;
- advertising networks;
- search information providers.
Identity, Contact, AML / KYC Data from publicly available sources such as public court documents, the RoC and the company houses and registers of other jurisdictions, and from electronic data searches, online KYC search tools (which may be subscription or license based), anti-fraud databases and other third party databases, sanctions lists, outsourced third-party KYC providers and from general searches carried out via online search engines (e.g.
HOW WE PROTECT YOUR INFORMATION
We take appropriate technical and organizational measures to secure your information and to protect it against unauthorised or unlawful use and accidental loss or destruction, including:
• only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymized basis wherever possible;
• using secure servers to store your information;
• verifying the identity of any individual who requests access to information prior to granting them access to information;
• using Secure Sockets Layer (SSL) software to encrypt any payment transactions you make on or via our website;
• only transferring your information via closed system or encrypted data transfers;
Transmission of information to us by email Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.
We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.
HOW WE USE YOUR PERSONAL INFORMATION
We will only use your personal data when law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract, we are about to enter into or have entered into with you in respect of your customer relationship with us.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Purposes for which we will Use your Personal Data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate. We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of Data
(i) To conduct due diligence checks on you (following your application to open and register an account).
(ii) To determine if we will enter into a relationship with you and, if positive, to register your account and on-board you as a new customer.
(d) AML / KYC Data;
(a) Performance of a contract with you.
(b) Necessary for compliance with our legal obligations
(c) Necessary for our legitimate interests, including to establish and verify:
(i) To establish and verify your identity.
(ii) To fulfil our other internal KYC policies and requirements.
(iii) To fulfil any external mandatory reporting obligations that we may have to the FIAU, the MFSA, the RoC, the Police and any other (including overseas) public, regulatory, law enforcement or tax authority.
(c) AML / KYC Data;
(e) Enhanced KYC Data.
(a) Necessary to comply with a legal obligation.
(b) Necessary for our legitimate interests (for risk assessment purposes, to prevent and mitigate against fraud, to safeguard the reputation of our business).
To provide the Services, in particular:
(i) to match any orders for virtual financial assets in order to find an appropriate trade with another registered user;
(ii) manage payments, fees, charges and subscription costs; and
(iii) collect and recover money as may be appropriate; and
(iv) investigate any suspected fraudulent transactions
(a) Performance of a contract with you
(b) Necessary for our legitimate interest to collect and recover debts and prevent fraudulent transactions
For legal, tax and accounting purposes (e.g. reporting to tax authorities, and accounting record requirements).
(a) Financial; and
Necessary to comply with a legal obligation.
To detect, prevent and report fraudulent or suspicious orders/transactions.
(d) AML / KYC Data
(e) Enhanced KYC Data;
Necessary for our legitimate interests, including in particular to:
To manage our relationship with you, including in particular to:
(i) notify you about changes to our terms and conditions or privacy notices;
(ii) inform you about changes to our Platform (including the addition of new virtual financial assets that are available to trading);
(iii) deal with your inquiries, requests, complaints or reported issues;
(iv) provide you with customer support and assistance;
(v) contact you in relation to your account, portfolio and other related matters;
(vi) ask you to participate in a survey;
(vii) request feedback from you;
(viii) advise you of industry and legislative updates;
(ix) inform you about our events;
(x) provide you with information about our Platform;
(xi) administer your account;
(xii) provide you with any other information or materials that you have requested to receive from us;
(xiii) manage disputes with you or other players;
(xiv) to identify and correct issues with the Platform and/or the Site.
(i) Marketing and Communications.
(a) Performance of a contract with you.
(b) Necessary for our legitimate interests (for ‘customer care’ and service matters, to study how clients use our Platform, to assess our operations, to develop them and grow our business).
To administer and protect our business, including the Platform and the Site, (including troubleshooting, data analysis, testing, system maintenance, support, safety and security testing, reporting and hosting of data).
(a) Necessary for our legitimate interests (for running and administering our business, network security, to prevent fraud, and in the context of a business reorganization or group restructuring exercise).
(b) Necessary to comply with a legal obligation.
(c) Performance of a contract with you.
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising which we serve to you.
To ensure that our content is presented in the most effective manner for you and your computer and devices, and in a user-friendly manner.
(e) Marketing and Communications;
Necessary for our legitimate interests (to study how clients use our Platform, to develop them, to grow our business and to inform our marketing strategy).
To use data analytics to improve the Site and Platform, marketing, customer relationships and experiences.
Necessary for our legitimate interests (to define types of clients and investors that have registered an account on our Platform, to keep the Site and the Platform updated and relevant, to develop our business and to inform our marketing strategy).
We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
We strive to provide you with choices regarding certain personal data uses in relation to your account. Through your Account, Identity, Contact, Technical, Usage and Marketing and Communications Data, we can form a view on what we think you may want or need. We will send details as to how you may enhance your trading activity in relation to the account.
You may receive marketing communications from us (which may consist of newsletters, industry updates, mailshots, publications, promotional materials and/or information about our events) where:
- you provide your consent to receiving such marketing material; or
- you have an ongoing commercial or contractual relationship with us (e.g. where we consider you to be an active customer and user of the Platform); and
- provided you have not opted out of receiving marketing from us.
We will get your express opt-in consent before we share your personal data with any third parties (including our associated or related corporate entities) for marketing purposes.
You can ask us to stop sending such advertising and marketing communications at any time by:
- following the opt-out links on any marketing message sent to you;
- contacting us at any time.
Where you opt out of receiving such communications, this will not apply to personal data processed or provided to us as a result of your entry into a customer relationship with us and our Platform.
Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose, or we are obliged to process your data by applicable laws or court or other enforceable orders.
If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without the need to obtain your consent, in compliance with the above rules, where this is required or permitted by law.
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in Section 5 above.
- External third parties.
- Suppliers and external agencies that we engage to process information on our and/or your behalf, including to provide you with the information and/or materials that you have requested.
- Our subsidiaries, associates and agents where necessary to facilitate your relationship with us.
- Other organizations where exchange of information is for the purpose of fraud protection or credit risk reduction.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets (successors in title). Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law (including applicable data protection and privacy law). We do not allow our third party business partners or service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our documented instructions. Furthermore, these third parties’ access and process your data on the basis of strict confidentiality and subject to the appropriate security measures and safeguards.
We may also disclose your data:
- if we are under a duty to disclose or share your personal data to comply with any legal obligation, judgment or under an order from a court, tribunal or authority, or
- if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Stibits or others, or
- in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; or
- if we have your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
YOUR RIGHTS TO YOUR PERSONAL INFORMATION
You have the right to:
Request access to your personal data (commonly known as a “ data subject access request”). This enables you to receive a
copy of the personal data we hold about you and to check that we are lawfully processing it. You may send an email requesting information as the personal data which we process.
- Right to information when collecting and processing personal data about you from publicly accessible or third-party sources. When this take places, we will inform you, within a reasonable and practicable timeframe, about the third party or publicly accessible source from which we have collected your personal data.
- Request correction or rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected and/or updated, though we may need to verify the accuracy of the new data you provide to us. As mentioned, it is in your interest to keep us informed of any changes or updates to your personal data which occur during the course of your relationship with us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where:
- there is no good reason for us continuing to process it;
- you have successfully exercised your right to object to processing (see below);
- we may have processed your information unlawfully; or
- we are required to erase your personal data to comply with local law.
Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. These may include instances where continued processing is necessary in order to be able to:
- comply with a legal or regulatory obligation to which we are subject; or
- establish, exercise or defence of legal claims.
In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- if you want us to establish the data’s accuracy;
- where our use of the data is unlawful, but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
Kindly note that none of these data subject rights are absolute and must generally be weighed against our own legal obligations and legitimate interests. If a decision is taken to override your data subject request, you will be informed of this by our data protection team along with the reasons for our decision.
While no online or electronic system is guaranteed to be secure, we take reasonable measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
Please note that we consider our relationship with you to be an ongoing and continuous customer relationship, until terminated.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for (i.e. the ongoing service provision) and, thereafter, for the purpose of satisfying any legal, accounting, tax and reporting requirements or obligations to which we may be subject and/or to the extent that we may also need to retain your personal data to be able to assert, exercise or defend possible future legal claims against or otherwise involving you.
By and large, our retention of your personal data shall not exceed the period of five (5) years from the date of the termination of your relationship with us (which would typically arise from the closure/de-registration of your account on the Platform). This period of retention enables us to use the data in question for the possible filing, exercise or defense of legal claims (taking into account the timeframe of applicable statutes of limitation and prescriptive periods). In certain cases though, we may need to retain your data for a period of up to ten (10) years in order to comply with applicable accounting and tax laws (this will primarily consist of your Transaction Data).
In the event that Stibits’s activities are held by competent legislators and regulators to amount to a ‘relevant activity’ at law, we will retain your AML and KYC Data for the duration of your business relationship with us and for a further period of five years following its termination and, in certain instances, for a maximum period of ten (10) years post-termination if mandated by other applicable competent authority. We may need to revise this AML retention period in the event of applicable legal or regulatory developments, but we will notify you if this is the case at the time.
In some circumstances, you can ask us to delete your data.
Whenever and to the extent possible, we anonymise the data which we hold about you when it is no longer necessary to identify you from the data which we hold about you (anonymous data).
In some circumstances, we may even anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice.
TRANSFERS OUTSIDE OF THE EEA IF YOU ARE BASED IN EUROPE
If you are based in Europe, this will involve transferring your data outside the European Economic Area (EEA).
In addition, many of our external third parties are also based outside of the EEA so their processing of your Personal Data will involve a transfer of data outside the EEA.
Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
o We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
o We may use specific contracts approved by the European Commission which give Personal Data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
o In respect of transfers to entities in the US, we may transfer Personal Data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the internet. We do not knowingly contact or collect information from persons under the age of 18. The website is not intended to solicit information of any kind from persons under the age of 18.
It is possible that we could receive information pertaining to persons under the age of 18 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 18, please do so by contacting us by using the details at the top of this policy.
CHANGES TO THE POLICY