Last Updated: January 19, 2022
As used herein, “Digital Asset”, also called “convertible virtual currency,” “cryptocurrency,” or “digital goods”, such as bitcoin or ether, which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value.
As used herein, “Personal Data” means any information relating to an identified or identifiable natural person, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, economic, cultural or social identity of you as a natural person.
3. WHAT PERSONAL DATA WE COLLECT
WitEx collects, processes, and stores Personal Data collected from you via your use of the Service or where you have given your consent. This Personal Data may include contact details, copies of identification documentation provided by you or derived from publicly accessible databases, your government identification number as well as information relating to your device or internet service (such as an IP address and a MAC number).
We collect information you provide during the WitEx onboarding process, which may be a completed, incomplete, or abandoned process. Offering services to residents in the European Economic Area (“EEA”), we collect, store, and process your personal information in accordance with the provisions of the General Data Protection Regulation (GDPR) and Data Protection Act. To understand more about how we protect the data collected from individuals and entities located within the EEA, please see the details below.
· Email address
· Mobile phone number
· Full legal name (including former name, and names in local language)
· Passport number, or any government issued ID number
· Date of birth (“DOB”)
· Proof of identity (e.g. passport, driver’s license, or government-issued ID)
· Residential address
· Proof of residency
· Additional Personal Data or documentation at the discretion of our Compliance Team
· Corporate legal name (including the legal name in local language)
· Incorporation/registration Information
· Full legal name of all beneficial owners, directors, and legal representatives
· Address (principal place of business and/or other physical locations)
· Proof of legal existence
· Description of the business
· Percentage of ownership for Individual/corporate owners
· Contact information of owners, principals, and executive management (as applicable)
· Proof of identity (e.g., passport, driver’s license, or government-issued ID) for significant individual beneficial owner of the institutional customer entity
· Personal Data for each entity’s significant beneficial owner of the institutional customer entity (see the “Individual Customer” section above for details on what Personal Data we collect for individuals)
· Source of wealth
· Amount of bitcoin or other digital assets projected to be injected
4. COLLECTION AND TRANSFER OF DATA OUTSIDE OF THE EEA
As outlined above, we may collect Personal Data from customers located in the EEA. To facilitate the services we provide to customers located in the EEA, we request explicit consent for the transfer of Personal Data from the EEA to outside of the area. If you are an individual located in the EEA and you decline to consent to such transfer, you will no longer be able to use WitEx and our services. You will have the ability to withdraw your digital assets; however, all other functionalities will be disabled.
5. HOW WE USE YOUR PERSONAL DATA
WitEx uses Personal Data to communicate with you and to administer, deliver, improve, and personalize the Service. WitEx might also generate generic data out of any Personal Data we collect and use it for our own purposes. We may also use such data to communicate with you in relation to other products or services offered by WitEx and/or its partners. We do not share your Personal Data with third parties (other than partners in connection with their services to WitEx) except where you have given your consent and further detailed below.
We may share your Personal Data with third parties:
1. If we think that sharing it is necessary to enforce the Terms of Service;
2. To comply with government agencies, including regulators, law enforcement and/or justice departments;
3. To third parties who provide services to WitEx (such as administration or technical services);
4. In connection with the sale or transfer of our business or any part thereof.
Additionally, we have implemented international standards to prevent money laundering, terrorist financing and circumventing trade and economic sanctions and will implement final DigitalAsset rules and regulations when effective, which will likely require us to undertake due diligence on our customers. This may include the use of third-party data and service providers which we will cross-reference with your personal information.
6. HOW WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at, a destination outside of New Zealand. It may also be processed by staff operating outside of New Zealand who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing, except customers located in the EEA, as detailed above. All information you provide to us is stored on our and/or third party cloud servers.
7. ACCESS, CORRECTION, AND DELETION OF YOUR PERSONAL DATA
You have the right to obtain a copy of your Personal Data upon request and ascertain whether the information we hold about you is accurate and up-to-date. If any of your Personal Data is inaccurate, you may request to update your information. You may also request to delete your Personal Data, with exception that we may refuse your deletion request in certain circumstances, such as compliance with law or legal purposes. For data access, correction, or deletion requests, please contact [email protected] with the subject “DATA INQUIRY”.
In response to data access, correction, or deletion request, we will verify the requesting party’s identity to ensure that he or she is legally entitled to make such request. While we aim to respond to these requests free of charge, we reserve the right to charge you a reasonable fee should your request be repetitive or onerous.
For product related communications, such as policy/terms updates and operational notifications, you will not be able to opt out of receiving such information.
9. COOKIE USAGE
While you access WitEx, we may use the industry practice of placing a small amount of data that will be saved by your browser (Cookies). This information can be placed on your computer or other devices used to visit WitEx. This information help us recognize you as a customer, collect information about your use of WitEx to better customize our services and better your experience. We may also use the information collected to ensure compliance with our compliance program, and to ensure your account security has not been compromised by detecting irregular or suspicious account activities.
Most browsers are setup to accept cookies automatically. Some Cookies expire when you finalize the session and other Cookies remain on your computer or other devices until deleted or expired. You have the option to decline the use of our Cookies, but this may affect the functionality of WitEx services or your user experience.
10. INFORMATION SECURITY
We endeavor to protect WitEx and you from unauthorized access, alteration, disclosure, or destruction of Personal Data we collect and store. We take various measures to ensure information security, including encryption of the WitEx communications with SSL; required two-factor authentication for all sessions; periodic review of our Personal Data collection, storage, and processing practices; and restricted access to your Personal Data on a need-to-know bases for our employees and vendors who are subject to strict contractual confidentiality obligations.
11. CONTACTING WitEx ABOUT PRIVACY QUESTIONS OR CONCERNS