Crypto.com Privacy Notice


Last Updated: 05 October 2023


Welcome to Crypto.com Global Privacy Notice ("Privacy Notice"). Please spend a few minutes to read it carefully before providing us with any information about you or any other person.
Contents
1. Introduction

2. Purpose

3. Who we are

4. What data we collect about you

5. How we collect your data

6. How we use your data

7. Disclosures of your data

8. International transfers

9. Data security

10. Data retention

11. Your legal rights

1. Introduction
We respect your privacy, and we are committed to protecting your personal data. This Privacy Notice applies to the processing of personal data by Foris DAX MT Limited, Foris MT Limited and, Foris DAX Global Limited ("Crypto.com", "we", "us", "our") in connection with: Please note that our Services, Site and App are not intended for minors under the age of 18 years and we do not knowingly collect data relating to minors.

For services provided by other Crypto.com companies, please carefully read the respective privacy notice or policy available on the Site, in the App or through the links below.


2. Purpose
This Privacy Notice aims to give you information on why and how we collect and process your personal data.

This Privacy Notice informs you about your privacy rights and how the data protection principles set out in the EU General Data Protection Regulation ("GDPR").

It is important that you read this Privacy Notice together with any other notice or policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of why and how we are using your data. This Privacy Notice supplements other notices and policies and is not intended to override them.

For your easy reference, you may find below the privacy terms for other products or services provided by our corporate family, as well as the privacy terms for other jurisdictions where our business operates. Please note that all or part of our Services may not be available in your region.

Product or service
Earn
Exchange
NFT


Your place of residence
Australia
Brazil
Canada
Netherlands
Singapore
the United Kingdom
USA


3. Who we are
Data Controllers
The controller of your personal data is the legal entity that determines the "means" and the "purposes" of any processing activities that it carries out. Since Crypto.com is operating around the globe, for your convenience, you may find in the table below the respective details relevant to you when it comes to the exact entity which is the data controller of your personal data.

Your place of residence Crypto.com product or service Data controller Contact details
EEA, SwitzerlandAppForis DAX MT Limited St. Julians, SPK
1000, level 7, Spinola
park, Triq Mikiel ang
Borg, Malta
EEA, SwitzerlandCrypto.com Prepaid Card
Fiat Wallet		Foris MT Limited St. Julians, SPK
1000, level 7, Spinola
park, Triq Mikiel ang
Borg, Malta
Country other than those specified above App
Crypto.com Prepaid Card (if applicable)		Foris DAX Global Limited Kilmore House, Park
Lane, Spencer Dock,
Dublin 1, D01 XN99,
Ireland


Data Protection Officer
We have appointed a Data Protection Officer ("DPO") who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions or complaints related to this Privacy Notice or our privacy practices, or if you want to exercise your legal rights, please contact our DPO at dpo@crypto.com.

Complaints
You have the right to make a complaint about the way we process your personal data to a supervisory authority. If you reside in an EEA Member State, you have the right to make a complaint about the way we process your personal data to the supervisory authority in the EEA Member State of your habitual residence, place of work or place of the alleged infringement. Information about your supervisory authority could be found here (attention a link to a third-party website).
EU Representative
Our EU representative is Fix Lab EOOD, with registered address 40, Anton P. Chehov Str., Sofia, 1113, Bulgaria. You may also contact it at fixlabltd@gmail.com.

UK Representative
Our UK representative is Fix Lab UK Ltd, with registered address 86-90 Paul Street, London, England, EC2A 4NE. You may also contact it at fixlabltd@gmail.com.

Our duties and your duties in case of changes
We keep our Privacy Notice under regular review. This version was last updated on the date above written. Please check from time to time for new versions of the Privacy Notice. We will also additionally inform you on material changes of this Privacy Notice in a manner which will effectively bring the changes to your attention. It is important that the personal data we hold about you is accurate and up-to-date. Please keep us informed if your personal data changes during your relationship with us.

Third-party links
The Site and any applicable web browser, the App or application programming interface required to access the Services ("Applications"), may include links to third-party websites, plugins and applications ("Third-Party Sites"). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these Third-Party Sites and are not responsible for their privacy statements and policies. When you leave our Site or Applications, we encourage you to read the privacy notice or policy of every Third-Party Site you visit or use.

4. What data we collect about you
Personal data
Personal data, or personal information means any information that relates to an identified or identifiable living individual. This is a broad definition which includes the specific pieces of personal data which we have described below. It does not include data which cannot be used to identify an individual person, such as a company registration number.

A "data subject" is an individual who can be identified, directly or indirectly, by personal data. This is usually by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data. It does not include data where the identity has been removed (anonymous data).

More information could be found here (attention a link to a third-party website).

Depending on whether and how you use our Services, Site or App, we will collect, use, store and transfer different kinds of personal data about you which we have grouped in categories as follows:

Category of personal dataExamples of specific pieces of personal data
Identity Data
  • first name,
  • maiden name,
  • last name,
  • username or similar identifier,
  • title,
  • date of birth and gender,
  • biometric information, including a visual image of your face,
  • video and voice recording,
  • national identity card, passport, driving licence or other form of an identification document.
Social Identity Data
  • your group/company data,
  • information on referrals related to you,
  • political background,
  • close connections,
  • behavioural data,
  • risk assessment,
  • compliance assessment.
Contact Data
  • residence details,
  • billing address,
  • delivery address,
  • home address,
  • work address,
  • email address and telephone numbers,
  • proof of address documentation.
Financial Data
  • bank account,
  • payment card details,
  • virtual currency accounts,
  • stored value accounts,
  • amounts associated with accounts,
  • external account details,
  • source of funds and related documentation.
Transactional Data
  • details about payments to and from you,
  • other details of any transactions you enter into using the Services, Site or App.
Investment Data information about your:
  • investment objectives,
  • investment experience,
  • prior investments.
Technical Data
  • internet connectivity data,
  • internet protocol (IP) address,
  • operator and carrier data,
  • login data,
  • browser type and version,
  • device type, category and model,
  • time zone setting and location data,
  • language data,
  • application version and SDK version,
  • browser plug-in types and versions,
  • operating system and platform,
  • diagnostics data such as crash logs and any other data we collect for the purposes of measuring technical diagnostics, and
  • other information stored on or available regarding the devices you allow us access to when you visit the Site, or use the Services or the App.
Profile Data
  • your username and password,
  • your identification number as our user,
  • information on whether you have Crypto.com App account and the email associated with your accounts,
  • requests by you for products or services,
  • your interests, preferences and feedback,
  • other information generated by you when you communicate with us, for example when you address a request to our customer support.
Usage Data information about how you use the Site, the Services, mobile applications and other offerings made available by us, including:
  • device download time,
  • install time,
  • interaction type and time,
  • event time, name and source.
Marketing and Communications Data
  • your preferences in receiving marketing from us or third parties,
  • your communication preferences,
  • your survey responses.


As explained above under Identity Data, we will also collect a visual image of your face which we will use, in conjunction with our sub-contractors (See Section Disclosures of Your Data below), to check your identity for onboarding purposes. This data falls within the scope of special categories of data.

Special categories of personal data
Certain types of sensitive personal data are subject to additional protection under the legislation applicable to you. They are called "special categories" of personal data. The special categories are:
We will only use special categories of personal data for a specific purpose and if we are able to satisfy both the lawful basis requirements set out below, as well as at least one of the following additional conditions:
If you refuse to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you refuse to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you – for example, to provide you Services. In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
5. How we collect your data
We use different methods to collect information from and about you, including through:

Direct interactions.
You may give us your Identity Data, Social Identity Data, Contact Data, Financial Data, Profile Data and Marketing and Communications Data by directly interacting with us, including by filling in forms, providing a visual image of yourself via the Service, by email or otherwise. This includes personal data you provide when you:

Automated technologies or interactions.
As you interact with us via our Site or App, we will 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. We will also collect Transactional Data, Investment Data and Usage Data. We may also receive Technical Data and Marketing and Communications Data about you if you visit other websites employing our cookies. You may find more information about how we use cookies through the Cookie Preferences.

Third parties or publicly available sources.
We also obtain information about you, including Social Identity Data, from third parties or publicly available sources. These sources may include:

6. How we use your data
Lawful basis
We will only use your personal data when the applicable legislation allows us to. In other words, we have to ensure that we have a lawful basis for such use.

Most commonly, we will use your personal data in the following circumstances:

Purposes for which we 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 bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that 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.

Purpose and/or activity Categories of personal data Lawful basis for processing
To register you as a new customer
  • Identity Data
  • Social Identity Data
  • Contact Data
  • Financial Data
  • Performance of a contract
To carry out and comply with anti-money laundering requirements
  • Identity Data
  • Social Identity Data
  • Contact Data
  • Financial Data
  • Compliance with a legal obligation
To process and deliver our Services and any App features to you, including to execute, manage and process any instructions or orders you make
  • Identity Data
  • Contact Data
  • Financial Data
  • Transactional Data
  • Technical Data
  • Marketing and Communications Data
  • Performance of a contract
To prevent abuse of our Services and promotions
  • Identity Data
  • Contact Data
  • Financial Data
  • Transactional Data
  • Technical Data
  • Marketing and Communications Data
  • Legitimate interests
To manage our relationship with you which will include asking you to leave a review, take a survey or keeping you informed of our company's business and product development
  • Identity Data
  • Contact Data
  • Profile Data
  • Transactional Data
  • Marketing and Communications Data
  • Performance of a contract
  • Consent, if required
To keep our records updated and to study how customers use our products/services
  • Identity Data
  • Contact Data
  • Profile Data
  • Transactional Data
  • Marketing and Communications Data
  • Legitimate interests
  • Consent, if required
To manage, process, collect and transfer payments, fees and charges, and to collect and recover payments owed to us
  • Identity Data
  • Contact Data
  • Financial Data
  • Performance of a contract
To ensure good management of our payments, fees and charges and collection and recovery of payments owned to us
  • Identity Data
  • Contact Data
  • Financial Data
  • Legitimate interests
To manage risk and crime prevention including performing anti-money laundering, counter terrorism, sanction screening, fraud and other background checks, detect, investigate, report and prevent financial crime in broad sense, obey laws and regulations which apply to us and respond to complaints
  • Identity Data
  • Social Identity Data
  • Contact Data
  • Financial Data
  • Technical Data
  • Transactional Data
  • Investment Data
  • Sensitive Data (a.k.a. Special Categories Data) data that you give us directly or that we receive from third parties and/or publicly available sources:
    - data which might be revealed by KYC or other background checks (for example, because it has been reported in the press or is available in public registers);
    - data that is incidentally revealed by photographic ID although we do not intentionally process this personal data
  • Compliance with a legal obligation
  • We may also process such data in connection with these purposes if it is necessary for the performance of our contract with you
  • In addition to our legal obligations, we may process this personal data based on our legitimate interest in ensuring that we are not involved in dealing with the proceeds of criminal activities and do not assist in any other unlawful or fraudulent activities, as well as to develop and improve our internal systems for dealing with financial crime and to ensure effective dealing with complaints
  • For Special Categories Data, it is necessary for reasons of substantial public interest under EU Anti-Money Laundering Directives and the relevant EU Member States' laws implementing them
To enable you to partake in a prize draw, competition or complete a survey
  • Identity Data
  • Contact Data
  • Profile Data
  • Usage Data
  • Marketing and Communications Data
  • Performance of a contract
  • Consent, if required
To gather market data for studying customers' behavior including their preference, interest and how they use our products/services, determining our marketing campaigns and growing our business
  • Identity Data
  • Contact Data
  • Profile Data
  • Usage Data
  • Marketing and Communications Data
  • Legitimate interests: understanding our customers and improving our products and services
To administer and protect our business, our Site, App(s) and social media channels including bans, troubleshooting, data analysis, testing, system maintenance, support, reporting, hosting of data
  • Identity Data
  • Contact Data
  • Financial Data
  • Technical Data
  • Transactional Data
  • Investment Data
  • Legitimate interests: to run our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
  • Identity Data
  • Contact Data
  • Profile Data
  • Usage Data
  • Technical Data
  • Marketing and Communications Data
  • Legitimate interests: to study how customers use our products/services, to develop them, to grow our business and to form our marketing strategy
  • Consent, if required
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
  • Technical Data
  • Usage Data
  • Legitimate interests: to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to form our marketing strategy
  • Consent, if required
To make suggestions and recommendations to you about goods or services that may be of interest to you
  • Identity Data
  • Contact Data
  • Technical Data
  • Usage Data
  • Profile Data
  • Investment Data
  • Marketing and Communications Data
  • Legitimate interests: to develop our products/services and grow our business
  • Consent, if required
To use the services of social media platforms or advertising platforms some of which will use the personal data they receive for their own purposes, including marketing purposes
  • Technical Data
  • Usage Data
  • Consent
To use the services of financial institutions, crime and fraud prevention companies, risk measuring companies, which will use the personal data they receive for their own purposes in their capacity of independent controllers
  • Identity Data
  • Social Identity Data
  • Contact Data
  • Financial Data
  • Transactional Data
  • Investment Data
  • Technical Data
  • Usage Data
  • Legitimate interests: to conduct our business activities on the market of financial services, to participate actively in the prevention of crime and fraud
To record voice calls for compliance, quality assurance and training purposes
  • Identity Data
  • Social Identity Data
  • Contact Data
  • Financial Data
  • Transactional Data
  • Legitimate interests: to comply with the industry standards and requirements in payments services, to ensure quality of our service, including by proper training of our personnel


Marketing
We may use your Identity Data, Contact Data, Technical Data, Transactional Data, Investment Data, Usage Data and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us and consented to receive marketing communications, or if you have purchased from us and you have not opted out of receiving such communications. We will use your Marketing and Communications Data for our respective activities.

Third-party marketing
We will get your opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you. Further, you can let us know directly that you prefer not to receive any marketing messages by emailing dpo@crypto.com. Where you opt out of receiving marketing messages, this will not apply to service messages which are directly related to the use of our Services (e.g. maintenance, change in the terms and conditions and so forth).

Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services or Site may become inaccessible or not function properly. For more information about the cookies we use, please review the Cookie Preferences.

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. 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.

Sale or transfer of business
We may also need to process your data in connection with or during the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving all or a part of our shares, business or assets. This will be based on our legitimate interests in carrying out such transaction, or to meet our legal obligations.

7. Disclosures of your data
We share your personal data with our third-party service providers, agents, subcontractors and other associated organizations, our group companies, and affiliates (as described below) in order to complete tasks and provide the Services and use of the App to you on our behalf. When using third party service providers, they are required to respect the security of your personal data and to treat it in accordance with the law. We pass your personal data to the following entities:

8. International transfers
We share your personal data within our group. This will involve transferring your personal data outside the European Economic Area (EEA) or Switzerland. Many of our external third parties are based outside the EEA or Switzerland so their processing of your personal data will involve a transfer of data outside the EEA or Switzerland. Whenever we transfer your personal data out of the EEA or Switzerland, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA or Switzerland.

9. Data security
While there is an inherent risk in any data being shared over the internet, we have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, damaged, or accessed in an unauthorised or unlawful 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 legitimate business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. Depending on the nature of the risks presented by the proposed processing of your personal data, we will have in place the following appropriate security measures:

We have put in place procedures to deal with any suspected personal data breach and will notify you and any relevant regulator of a breach where we are legally required to do so.

If you want to know more about our security practice, please visit this link.

10. Data retention
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Here are some exemplary factors which we usually consider when determining how long we need to retain your personal data:



11. Your legal rights
You have rights we need to make you aware of. The rights available to you depend on our reason for processing your personal data. If you need more detailed information or wish to exercise any of the rights set out below, please contact us.

You may:

No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is manifestly unfounded or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

Period for replying to a legitimate request
The statutory period under GDPR for us to reply to a legitimate request is one month. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.

Please note that we may request that you provide some details necessary to verify your identity when you request to exercise a legal right regarding your personal data.