Data Protection Policy

Cayman Privacy Notice

BullionFX (the “Company”) and its subsidiaries (referred to collectively as the Company or “we” or “our”) are committed to respecting the privacy of all individuals.

This Privacy Notice (“Privacy Notice”), our website notices, your subscription agreement, and any other agreements between you and us, set out the basis on which the Company processes personal data. Please read the following carefully to understand our views and practices regarding how we handle personal data.

For the purposes of applicable data protection law (in particular, the Cayman Islands Data Protection Act (Revised) (the “DPA”)), the Company is the “data controller” of your personal data.

Personal Data We Collect

We will collect and process the following personal data:

– Information you give us:

(i)    If you are inquiring about or using our products and services (including, where you invest in the Company then we will process your personal data – including your name, address, e-mail address and phone number, financial information, personal description, photograph, identification documentation (including your passport or drivers licence or other identification card), information about your dependents or beneficiaries, as well as information about your investments in the Company.
(ii)    You may give us information about you when you correspond with us by phone, e-mail or other electronic means, or in writing. This includes information you provide when you subscribe to the Company, search our site, make inquiries, submit information or content to our site, when you report a problem with our site – including your name, email address, postal address, telephone and fax.
(iii)    Information we collect about you: With regard to each of your visits to our site we will automatically collect the following information:

a.    technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
b.    information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products, services or issues you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

– Information we receive from other sources:

(i)    We are a Cayman Islands exempted company formed with limited liability and intend to be registered with the Cayman Islands Monetary Authority as a virtual asset service provider.
(ii)    We also work closely with third parties (for example, administrators, banks and other financial institutions, business partners, placement agents, introducers, legal, accounting, consultants, sub-contractors in technical, payment and delivery services, analytics providers, search information providers) and may receive information about you from them.
(iii)    Public information about you, including public record searches, bankruptcy filings, pending litigation, judgments and liens, and criminal databases for use in required “Know Your Customer” activities, Anti-Money Laundering activities, sanctions screening, and other legal requirements to which we are subject.
(iv)    Information about other people: If you provide information to us about any person other than yourself, such as your relatives, your executors, next of kin, your advisers or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.

Purposes and Legal Basis

We will ask you for consent to collect or process your personal data on certain occasions, for example, and as stated below, where necessary in order to contact you with information about products and services that might be of interest to you.

We also process your personal data when we need to do this to fulfil a contract with you, such as to give effect to your investment in the Company (including verifying your identity), or when required by law, such as if we receive a request from law enforcement or other government officials.

We also process your personal data when it is in our legitimate interest to do this and when this interest is not overridden by your data protection rights. In particular:

(i)    we will use your personal data to provide services to you, and to respond to any comments or requests you may send us;
(ii)    we monitor use of our website, and use your personal data to help us monitor, improve and protect our services and website, both online and offline;
(iii)    we monitor investor accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law; and
(iv)    we will use personal data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).

For example, we have a legitimate interest in the effective administration of the Company and our business, and in ensuring the security and integrity of our website.

Disclosure of Your Personal Data

We may share your personal data with our subsidiaries and/or affiliates:

(i)    to manage, administer and service the Company; and
(ii)    to the following individuals employed by such subsidiaries and affiliates on a need to know basis, including without limitation, their respective attorneys, compliance professionals, human resources personnel, internal auditors, accountants, and members of senior management.
We will also share your personal data with trusted third parties including:
(i)    Banks and other financial institutions which, for example, act as administrators, trustees, brokers or custodians on behalf of the Company;
(ii)    Firms conducting anti-money laundering, know your customer and FATCA tax review with respect to the Company’s onboarding of new investors and updating investor information as may be required;
(iii)    Legal, accounting, and other advisers, consultants and professional experts, correspondents, and suppliers and service providers of any of the above, and each of their associated businesses;
(iv)    Business partners, suppliers and sub-contractors only for the purposes of performance of any contract we enter into with them or you. We take reasonable steps to ensure that our staff protect your personal data, and are aware of their information security obligations;
(v)    Placement agents and introducers; and
(vi)    Analytics and search engine providers that assist us in the improvement and optimization of our site.

We may disclose your personal data to third parties:

(i)    If we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
(ii)    If the Company, its business, or its assets are acquired by a third party, in which case personal data held by it about its users, suppliers, or customers will be one of the transferred assets;
(iii)    If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or if we reasonably consider this necessary; or to protect the rights, property, or safety of the Company, our users, our customers, or others; and
(iv)    For the purposes of crime prevention and fraud protection.

Marketing Communications

We, or trusted third parties on our behalf, may contact you by email or post with information about products and services that might be of interest to you. Where necessary, at the time that you provide your personal data to us, you will be given the opportunity to indicate whether or not you are happy for us to use your personal data in order to tell you about such products or services.

Where We Store Your Personal Data and How We Protect it

Some of the Company subsidiaries and/ or affiliates and third parties to whom the Company discloses your personal data (as described above) are located in countries outside the Cayman Islands that do not provide a level of protection to personal data equivalent to that provided by the Cayman Islands.

The DPA permits the transfer of personal data to countries that have not be recognized as providing adequate protection where such transfer is necessary for the performance of a contract between the data subject and data controller.

While we take reasonable steps to protect your personal data from loss or destruction, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our site; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorized access.

Your Rights

You have various rights with respect to our use of your personal data:

– Access: You have the right to request a copy of the personal data that we hold about you. Please note that there are exceptions to this right, so that access will be denied if, for example, making the information available to you would reveal personal data about another person, or if we are legally prevented from disclosing such information. You are entitled to see the personal data held about you. If you wish to do this, please contact us using the contact details provided below.

– Accuracy: We aim to keep your personal data accurate, current, and complete. We encourage you to contact us using the contact details provided below to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.

– Objecting: In certain circumstances, you also have the right to object to processing of your personal data and to ask us to block, erase and restrict your personal data. If you would like us to stop using your personal data, please contact us using the contact details provided below.

– Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint to the applicable supervisory authority or to seek a remedy through the courts.

Please note that there are exceptions to these rights, if, for example, we are under a legal obligation to continue to process your personal data.

When we ask you to supply us with personal data we will make it clear whether the personal data we are asking for must be supplied so that we can provide the products and services to you, or whether the supply of any personal data we ask for is optional.

How Long We Keep Your Personal Data

We will retain your personal data, whether or not your account is active, for as long as we believe it necessary or desirable to fulfil our business purposes and to comply with applicable law, audit requirements, regulatory requests or orders from competent courts.

Personal Data collected will be retained pursuant to our record retention policy, and in most instances will not be retained longer than seven (7) years from the date you cease to be an investor in the Company.

Changes to our Privacy Notice

Any changes we make to our Privacy Notice in the future will be posted on our website and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Privacy Notice.

Contact Details

Questions, comments and requests regarding this Privacy Notice are welcomed and should be addressed to [email protected].