Effective Date: January 14, 2019
- Visiting and using the Site and/or the Platform (regardless of where you visit or use them from);
- Applying for and opening an account in respect of our Platform (your “Account”); and
- Applying for, receiving, or using any of the related services that we offer in connection with the Platform, including our virtual financial assets exchange (the “Services”).
This includes any data that you may provide for and in relation to our newsletters, updates, events, and other marketing and promotional communications.
1. IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this Privacy Notice
We process your personal data in an appropriate and lawful manner, in accordance with all relevant laws of the jurisdictions in which we operate and intend to comply with the GDPR for clients living in applicable jurisdictions.
This Policy aims to give information on how Dolomite collects and processes your personal data in the scenarios outlined above in the ‘Introduction’ (namely, through your use of the Site, the Platform and our related services, including any data that you may provide to us or which we may receive).
The Site and the Platform are not intended for minors and we do not knowingly collect personal data relating to minors. It is important that you read this Policy together with any other privacy notice or policy, which we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Policy supplements the other notices and is not intended to override them.
Dolomite as defined above is the controller and responsible for your personal data.
We have appointed a data protection contact point (“DPCP”) that is responsible for overseeing questions in relation to this Policy and our processing activities in general. If you have any questions or requests, including any requests to exercise your legal rights as a data subject, please contact us using the details set out below.
Full name of legal entity: Leavitt Innovations, Inc. Name of DPCP: Scott Benson Email Address: email@example.com
You have the right to lodge a complaint at any time to a competent supervisory authority on data protection matters, such as in particular the supervisory authority in the place of your habitual residence or your place of work. We would, however, appreciate the opportunity to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.
Last Update and Your Duty to Inform Us of Changes
This Policy was last updated on January 14, 2019.
It is imperative that the personal data we hold about you is accurate and current at all times. Otherwise, this will impair our ability to provide you with the availability of our Platform (amongst other potential and salient issues). Please keep us informed if your personal data changes during your relationship with us.
“Data subjects” means living individuals (i.e. natural persons) about whom we collect and process personal data.
“Data controller” or “controller” means any entity or individual who determines the purposes for which, and the manner in which, any personal data is processed.
“Data processor” or “processor” means any entity or individual that processes data on our behalf and on our instructions (we being the data controller).
“Personal data” means data relating to a living individual (i.e. natural person) who can be identified from the data (information) we hold or possess. This includes, but is not limited to, your name and surname (including maiden name where applicable), address, date of birth, nationality, gender, civil status, tax status, identity card number & passport number, contact details (including mobile and home phone number and personal email address), photographic image, bank account details, emergency contact information as well as online identifiers. The term
“Processing” means any activity that involves use of personal data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including, organizing, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring personal data to third parties.
“Sensitive personal data,” “sensitive data,” or “special categories of personal data” includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. This type of sensitive data can only be processed under strict conditions.
3.THE PERSONAL DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified (as stated above). It does not include data where the identity has been removed (anonymous data). In the course of your relationship with us (including during the account opening stage), we may collect, use, store and transfer different kinds of personal data about you which we have grouped together. We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive feature of the Services, fill out a form, participate in a community or forum discussion, complete an exchange transaction, apply for a job, request customer support or otherwise communicate with us. The types of information we may collect include your name, social security number or other government ID number, date of birth, email address, postal address, phone number, certain virtual financial asset information, and any other information you choose to provide.
For avoidance of doubt, categories below are applicable to customers (i.e. individuals who hold a registered customer account with us). We shall request this information in order to be able to register you on our Platform.
- Identity Data includes your first name, maiden name (where applicable), last name, address, username or similar identifier, marital status, title, nationality, date of birth, gender, photograph, identity card and/or passport number. This will form part of your account information on the Platform.
- Contact Data includes your billing address, email address, and contact number (telephone and/or mobile).
- Financial Data includes your bank account and payment details.
- AML / KYC Data includes the following due diligence / KYC
information and documentation about you: (i) copy of I.D. card or
passport, (ii) proof of residence (e.g. utility bill), (iii) KYC database
checks, (iv) fraud database checks and (v) any documentation or
information which we may, from time to time:
- Be required to collect to ensure compliance with any applicable legislation (including applicable foreign laws) and global AML/KYC practices; and/or
- Otherwise be mandated to collect by any competent authority or law enforcement agency (local or overseas).
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences. The following categories of personal data below are applicable to customers holding a registered account with us who start trading over the Platform and otherwise make use of our Services.
- Transaction Data includes details about:
- The type of virtual financial assets involved, the order volume, price, value and, where applicable, the proceeds derived;
- Your trading and transactional history on the Platform, including withdrawals and order activity; and
- The payments that we receive, or otherwise, charge you (e.g. our percentage fees for your use of the Platform).
- Portfolio Data includes details about the virtual financial assets and amounts circulated through and credited to your Account.
- Enhanced KYC Data applies in respect of instances mandated by our AML-KYC Policy, which would include, amongst other scenarios, situations where a higher risk of money laundering and funding of terrorism has been identified.
In all cases, we collect the following information upon access to our Site:
- Technical/LOG Data includes the IP address, your login data to the Platform, device type, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and other technology on the devices you use to access the Site and Platform. This also includes information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
- Device Data includes information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
If You Fail to Provide Personal Data
Where we need to collect personal data about you:
By law; or
Under the terms of, or in connection with, the contract that we have with you (as discussed in Section 1 above); or
As part of our legitimate (business) interests to verify the identity of our applicants and clients, mitigate against risks (such as potential or suspected fraud) and in particular, to assess and take a decision on whether we will or should enter into a relationship with you (as subject to our client acceptance criteria and policies); and you either fail to provide that data when requested, or else provide incomplete or insufficient data, we may not be able to perform or conclude the contract which we have or are otherwise trying to enter into with you (namely regarding your account opening on the Platform and provision of our related services).
In certain instances, particularly where this relates to AML / KYC Data, we may even need to exercise our prerogative to terminate our contract with you, and thus withdraw the availability of our services to you, or else, if still at application stage, we may have to decline to enter into a relationship with you. We will however notify you if this is the case at that point in time.
Sensitive Personal Data
We do not knowingly collect Special Categories of Personal Data (or Sensitive Personal Data) about you. Should we receive sensitive personal data about you, we will only process that data where there is a legitimate reason to do so and, in all circumstances, in accordance with our obligations at law and under the appropriate safeguards.
As set out below in Section 5, we collect and process AML / KYC Data in order to be able to (i) comply with legal and regulatory obligations, as applicable (ii) conduct our AML and KYC checks, and other due diligence checks, on you, (iii) verify your identity or claimed identity and identify and/or verify your source of funds and source of wealth, as appropriate (iv) take an informed decision on whether we want to enter into a customer relationship with you, and, if positive, to conduct initial and ongoing screening and monitoring and (iv) to comply with any legal or regulatory obligation that we may have and/or any Court, regulatory or enforcement order that may be issued upon us.
4.HOW IS YOUR PERSONAL DATA COLLECTED?
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. Service Use. This may encompass all of the data categories listed in Section 3 (namely, Identity, Contact, AML and KYC Data, Enhanced KYC Data and Transaction Data).
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.
Automated Technologies or Interactions.
As you interact with the Platform and the Site, we may automatically collect Technical Data about your 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.
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 corporate registrars with the U.S. and 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. Google).
5. HOW WE USE YOUR PERSONAL DATA
We may use information about you for various purposes, including to:
- Provide, maintain and improve our Sites;
- Personalize and improve your experience using the Sites and provide, content or features that match user profiles or interests;
- Provide and improve our customer service, including to respond to your comments, questions and requests;
- Analyze and manage our business;
- Send technical notices, updates, security alerts and support and administrative messages;
- Literature requests;
- Processing employment inquiries;
- Communicate with you about services, offers, promotions, rewards, and events;
- Link or combine with information we get from others to help understand your needs and provide you with better service; and
- Carry out any other purpose described to you at the time the information was collected.
Dolomite is based in the United States and U.S. law governs the information we collect. However, as Dolomite operates internationally, we may need to make your information available to companies and/or branches within our group which may be located outside of the U.S., including in countries which may not provide the same level of protection of your information as in your home jurisdiction.
By accessing or using the Sites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and to other countries.
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 at the following email address: firstname.lastname@example.org. Also, please contact us at this email if you need details about the specific legal ground we are relying on to process your personal data.
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. Where permitted by applicable law and in accordance with your advertising / marketing preferences, 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 (see Your right to object below).
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 at email@example.com.
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.
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 at firstname.lastname@example.org. 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.
6.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 Section 5 above.
- External third parties.
- Suppliers and external agencies that we engage to process information on our and/or your behalf, including providing you with the information and/or materials that you have requested.
- Our subsidiaries, associates and agents where necessary to facilitate your relationship with us.
- Regulators, law enforcement agencies, and other authorities that require reporting of processing activities, or may request information from us, in terms of applicable law and in certain circumstances.
- Professional advisers such as consultants, bankers, professional indemnity insurers, brokers, and auditors.
- Other organizations where exchange of information is for the purpose of fraud protection or credit risk reduction.
- Debt recovery agencies that assist us with the recovery of debts owed to us.
- 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 Dolomite 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.
7. DATA SECURITY
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 unauthorized 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.
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 seven (7) 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 Dolomite’s activities are held by competent legislators and regulators to amount to a ‘relevant activity’ at law, we will be required to 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 the FIAU or 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. See below for further information.
Contact us for further details about the retention periods that we apply.
9.YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under certain data protection laws in relation to your personal data.
- 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 to email@example.com 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 takes place, 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 defense of legal claims.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. See Marketing in Section 5 above. In some cases, we may demonstrate that we have compelling or legitimate grounds to process your information, which overrides your rights and freedoms.
- Request restriction of processing of your personal data. This enables
you to ask us to suspend the processing of your personal data in the
- 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.
- Request the transfer (data portability) of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. 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 consent at any time where we are relying on consent to process your personal data (which will not generally be the case). This will not however affect the lawfulness of any processing, which we carried out before you withdraw your consent. Any processing activities that are not based on your consent will remain unaffected.
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.