Last update: 12 April 2019. INTRODUCTION
BITEEU DCX OÜ (“BITEEU”) respects User’s privacy and is committed to protecting User’s personal information or, as otherwise termed, User’s “Personal Data”. In that regard, BITEEU has launched and offers a service which providesBITEEU`s clients (the “Users”)(subject to prior account registration) with access to certain virtual currency on an online trading platform (the “Platform”) which is accessible via the website www.biteeu.com (the “Site”). User agree that User has read, understood and accepted all of the terms and conditions contained in Privacy Policy (the “Policy”), Agreement on Terms of Use and all policies and related notices which have incorporated the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”). As this is a legally binding contract, please carefully read through this Policy and related notices before using any of the services provided by BITEEU or its affiliates (the “Services”). By registering, accessing or using Services, User has agreed to the terms and conditions as laid out in this Policy. If User disagrees to this Policy, please inform BITEEU by all available methods (for existing Users) and stop the usage of BITEEU and any Services. The Platformautomatically matches trades with open orders from other registered users on the Platform, in addition to the matching and trading services offered over the Platform, the Platform also offers digital wallet services to registered Users, allowing themto store the virtual currency which is traded over the Platform.
This Privacy Policy explains how information about User is collected, used, and disclosed by BITEEU
and sets out the basis on which BITEEU will process User’s Personal Data when User:
· visits and uses the Site and/or the Platform (regardless of where User visits or uses them from);
· applies for and opens an account in respect of BITEEU Platform (Account); and
· applies for, receives or uses any Services.
This includes any data that User may provide for and in relation to BITEEU’s or its affiliates newsletters, updates, events and other marketing and promotional communications.
This Privacy Policy also informs User about: (i) how BITEEU will handle and look after User’s personal data, (ii) BITEEU’sobligations in regard to processing User’s Personal Data responsibly and securely,
(iii) User’s data protection rights as a data subject, and (iv) how the law protects User.
Purpose of this Privacy Notice
This Policy aims to give information on how BITEEU collects and processes User’s Personal Data in the scenarios outlined above in the ‘Introduction’ (namely, about User who uses the Site, the Platform, and Services, including any data that Usermay provide to BITEEU or which BITEEU may receive).
The Site, the Platform and Services are not intended for minors and BITEEU does not knowingly collect PersonalData relating to minors.
It is important that User reads this Policy together with Agreement on Terms of Use and other binding BITEEU policies, notices, agreements and documents related to the Services which BITEEU may provide on specific occasions when BITEEU is collecting or processing Personal Data about User so that User is fully aware of how and why BITEEU is using User’sdata. This Policy supplements the other notices and is not intended to override them.
Controller
BITEEU as defined above is the controller and responsible for User’s personal data.
If User has any questions or requests, including any requests to exercise User’s legal rights as a data subject, please contactBITEEU using the details set out below.
Contact Details
Full name of legal entity: BITEEU DCX OÜ Email address: info@biteeu.com
Postal address: Tornimäe 7-132, Tallinn, 10145, Estonia
It is imperative that the Personal Data BITEEU holds about User is accurate and actual at all times. Otherwise, this willimpair BITEEU’s ability to provide User with the availability of BITEEU’s Platform and Services (amongst other potential and salient issues). The User must inform BITEEU if User’s Personal Data changes during User’s relationship withBITEEU.
Third-Party Links
The Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about User. BITEEU does not control these third-party websitesand are not responsible for their privacy notices, statements or policies.
BITEEU encourages User to read the privacy policy of every website User visits.
Set out below are key definitions of certain data protection terms which appear in this Policy.
“Consent Form” refers to separate documents which BITEEU might from time to time provide User with where BITEEU asks for User’s explicit consent for any processing which is not for purposes set out in this Policy.
“Data subjects” means living individuals (i.e. natural persons) about whom BITEEU collects and processes 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 BITEEU`s
behalf and with BITEEU’s instructions (BITEEU 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) BITEEU holds or possesses. This includes, but is not limited to, User’s name and surname (including maidenname 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 “personal information”, where and when is used in this Privacy Policy, shall be taken the same meaning as personaldata.
“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, 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 BITEEU COLLECTS ABOUT USER
Personal data, or personal information, means any information about an individual by which that person can be identified (asstated above). It does not include data where the identity has been removed (anonymous data). In the course of User’s relationship with BITEEU (including during the Account opening stage), BITEEU may collect, use, store and transfer different kinds of Personal Data about User which BITEEU has grouped together.
BITEEU collects information User provide directly to BITEEU. For example, BITEEU collects information when User 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 user support or otherwise communicate with BITEEU. The types of information BITEEU may collect include User’s name, social security number or other government ID number, date of birth, email address, postal address, phone number, certain virtual currency information, and any other information Userchooses to provide.
BITEEU shall request this information in order to be able to register User on BITEEU Platform.
· Identity Data includes User’s 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. This will form part of User’s Account information on the Platform.
· Contact Data includes User’s billing address, email address and contact number (telephone and/or mobile).
· Financial Data includes User’s bank account and payment details.
· AML / KYC Data includes the following due diligence, KYC information and documentation about User: (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 BITEEU may, from time to time:
o be required to collect to ensure compliance with any applicable legislation (including applicable foreign laws) andglobal AML/KYC practices; and/or
o otherwise be mandated to collect by the competent authority or law enforcement agency (local or overseas) orimplementing market’s best practices.
· Marketing and Communications Data includes User’s preferences in receiving marketing from BITEEU andBITEEU’s third parties and User’s communication preferences.
The categories of Personal Data are applicable to User holding a registered Account with BITEEU who start trading over thePlatform and otherwise make use of BITEEU’s Services.
· Transaction Data includes details about:
o the type of virtual currency involved, the order volume, price, value and, where applicable, the proceeds derived;
o User’s trading and transactional history on the Platform, including withdrawals and order activity; and
o the payments which BITEEU receives, or otherwise, charges User (e.g. BITEEU fees for
User’s use of the Platform).
· Portfolio Data includes details about the virtual currency and amounts credited to User’s Account and User’sAccount balances.
· Enhanced KYC Data applies in respect to the instances mandated by BITEEU AML/KYC Policy, which would include, amongst other scenarios, situations where a higher risk of money laundering and funding of terrorism hasbeen identified.
· In all cases, BITEEU collects the following information upon access to BITEEU’s Site:
· Technical/LOG Data includes the IP address, User’s login data to the Platform (username and password), 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 User use to access the Site and Platform. This also includes information about User’s use of the Services, including the type of browser User uses, access times, pages viewed, User’s IP address, and the page User visited before navigating to BITEEU Services.
· Device Data includes information about the computer or mobile device User uses to access BITEEU Services,including the hardware model, operating system and version, unique device identifiers, and mobile network information.
· Usage Data includes information about how User uses the Platform.
BITEEU also collects, uses and shares Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from User’s Personal Data but is not considered Personal Data in law as this data does not directly or indirectly reveal User’s identity. For example, BITEEU may aggregate User’s Usage Data to calculate the percentage of users accessing a specific feature of the Site and/or the Platform. However, if BITEEU combines or connects Aggregated Datawith User’s Personal Data so that it can directly or indirectly identifies User, BITEEU treats the combined data as PersonalData which will be used in accordance with this Policy.
If User fail to provide Personal Data
Where BITEEU needs to collect Personal Data about User:
· By law; or
· under the terms of, or in connection with, the contract that BITEEU has with User (as discussed in Section 1 above);or
· as part of BITEEU legitimate (business) interests to verify the identity of BITEEU applicants and Users, mitigate against risks (such as potential or suspected fraud) and in particular, to assess and take a decision on whether BITEEU will or should enter into a relationship with User (as subject to User acceptance criteria and policies);
and User either fail to provide that data when requested, or else provide incomplete or insufficient data, BITEEU may not be able to perform or conclude the contract which BITEEU has or is otherwise trying to enter into with User (namely regarding User’s Account opening on the Platform and provision of BITEEU Services).
In certain instances, particularly where it relates to AML / KYC Data, BITEEU may even need to exercise BITEEUprerogative to terminate BITEEU contract with User, and thus withdraw the availability of BITEEU Services to User, or else, if still at application stage, BITEEU may have to decline to enter into a relationship with User. BITEEU will however notify User if this is the case at that point in time.
Sensitive Personal Data
BITEEU does not knowingly collect Special Categories of Personal Data (or Sensitive Personal Data) about User. Should BITEEU receive sensitive Personal Data about User, BITEEU will only process that data where there is a legitimatereason to do so and, in all circumstances, in accordance with BITEEU obligations at law and under the appropriatesafeguards.
As set out below in Section 5, BITEEU collects and processes AML / KYC Data in order to be able to (i) comply with legal and regulatory obligations, as applicable (ii) conduct BITEEUAML and KYC checks, and other due diligence checks, onUser, (iii) verify User’s identity or claimed identity and identify and/or verify User’s source of funds and source of wealth, as appropriate (iv) take an informed decision on whether BITEEU wants to enter into a relationship with User, and, if positive, to conduct initial and ongoing screening and monitoring and (iv) to comply with any legal or regulatory obligation that BITEEU may have and/or any Court, regulatory or enforcement order that may be issued upon BITEEU.
(A) Account Registration and Opening.
BITEEU will ask User to provide BITEEU with User’s Identity, Contact, Financial and AML/KYC Data when User apply to register and open an Account with BITEEU on BITEEU Platform (including at account finalization stage). User provide these personal details and information to BITEEU, which BITEEU collects and processes, when User fill in and submit BITEEU application form (together with other related forms), and complete BITEEU required application steps.
User’s Account Data will be generated on the basis of User’s application, and is also processed and stored by BITEEU.
(B) 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).
(C) Direct Interactions.
User mays also give BITEEU User’s Identity, Contact, Financial, AML/KYC Data and Transaction Data by filling inBITEEU other forms (i.e. separate to BITEEU account opening and registration form),
or by corresponding with BITEEU by post, phone, e-mail or otherwise. This includes Personal Data that
User provides when User, as applicable:
· applies to open an Account;
· updates or edit User’s Account details;
· subscribes to BITEEU Platform;
· requests withdrawals from User’s Account;
· contacts BITEEU with complaints or queries;
· reports issues;
· submits the (additional or supplementary) AML / KYC Data that BITEEU may request from
· requests marketing to be sent to User;
· participates in a survey; or
· provides BITEEU with feedback. (D) AutomatedTechnologies or Interactions.
As User interact with the Platform and the Site, BITEEU may automatically collect Technical Data about User’s equipment, browsing actions and patterns. BITEEU collects this Personal Data by using cookies, server logs and other similar technologies.
Cookies are small data files stored on User’s hard drive or in device memory that helps BITEEU improve BITEEUServices and User’s experience, see which areas and features of BITEEU Services are popular and count visits, manage theregistration process for accounts, remember User’s site preferences, retain certain information to process orders for exchange transactions, and retain information to provide User with support. Web beacons are electronic images that may be used onBITEEU 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 User prefer, User could usually choose to set User’s browser toremove or reject browser cookies. Please note that choosing to remove or reject cookies could affect the availability and functionality of BITEEU Services.
Please see BITEEU’s Cookie Policy for further details on website www.biteeu.com (E) Third Parties or Publicly Available Sources.
BITEEU may also obtain information from other sources and combine that with information BITEEU collects through BITEEU Services. For example, BITEEU may collect information about User from third parties, including but not limited tosocial media platforms and publicly available sources.
BITEEU may also receive Personal Data about User from various third parties and public sources, as set out below:
· Technical Data from the following parties:
o analytic providers such as Google Analytics;
o advertising networks;
o search information providers.
· Identity, contact, AML / KYC Data from publicly available sources such as public court documents 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. Google).
BITEEU will only use User’s Personal Data when Estonian law and International Acts allow BITEEU
to. Most commonly, BITEEU will use User’s Personal Data in the following circumstances:
· Where BITEEU needs to perform the contract BITEEU is about to enter into or has entered into with User in respect of User’s relationship with BITEEU.
· Where it is necessary for BITEEU legitimate interests (or those of a third party) and User’s
interests and fundamental rights do not override those interests.
· Where BITEEU needs to comply with a legal or regulatory obligation. Purposes for which BITEEU will use User’s Personal Data
BITEEU has set out below, in a table format, a description of all the ways BITEEU plans to use User’s Personal Data, and which of the legal basis BITEEU relies on to do so. BITEEU has also identified what BITEEU legitimate interests are where appropriate. BITEEU may process User’s Personal Data for more than one lawful ground depending on the specific purpose for which BITEEU is using User’s data. Please contact BITEEU at info@biteeu.com if User needs details about the specificlegal ground BITEEU is relying on to process User’s Personal Data where more than one ground has been set out in the tablebelow.
Purpose/Activity
Type of Data
Lawful Basis for Processing (including Basisof Legitimate Interest)
(i) To conduct due diligence checks on User (following User’sapplication to open andregister an account).
( i i ) To d e t e r m i n e i fBITEEU will enter into arelationship with User and,if positive, to registerUser’s account and on-board new User
(a) Identity;
(b) Contact;
(c) Financial;
(d) AML / KYCData;
(a) Performance of a contract with User.
(b) Necessity for compliance with BITEEUlegal obligations
(c) Necessity for BITEEU legitimate interests,including to establish and verify:
· User’s identity and suitability for BITEEUPlatform,
· the existence of any risks that User maypresent as a prospective User,
· User’s ability to meet financial commitments,
· and ultimately, to enable BITEEU to take aninformed decision on whether BITEEUshould enter into a relationship with User .
(i) To establish and verify
User’s identity.
(ii) To fulfill BITEEUother internal AML/KYC policies and requirements.
(a) Identity;
(b) Contact;
(a) Necessity to comply with a legal obligation.
(iii) To fulfill any externalm a n d a t o r y r e p o r t i n gobligations that BITEEUmay have to theRegulator in Estonia, thePolice and a n y o t h e r ( i nc l u d i n g overseas) public, regulatory, law enforcementor tax authority.
(c) AML / KYCData;
(d) Transaction;
(e) Enhanced KYCData.
(b) Necessity for BITEEU legitimate interests (for risk assessment purposes, to prevent and mitigate against fraud, to safeguard thereputation of BITEEU business).
To provide the Services,in particular:
(i) to match any orders forvirtual currency in order tofind an appropriate tradewith another registeredUser;
(a) Identity
(b) Contact
(a) Performance of a contract with User
(ii) manage payments, fees,charges and subscriptioncosts; and
(c) Financial
(d) Transaction
(b) Necessity for BITEEU legitimate interest tocollect and recover debts and prevent fraudulenttransactions
(iii) collect and recoverm o n e y a s m a y b eappropriate; and
(e) Portfolio
( i v ) i n v e s t i g a t e a n ys u s p e c t e d f r a u d u l e n ttransactions
F o r l e g a l , t a x a n daccounting purposes (e.g.reporting to tax authorities,and accounting recordrequirements).
(a) Financial; and
(b) Transaction.
Necessity to comply with a legal obligation.
(a) Identity;
(b) Contact
(c) Applicant
Necessity for BITEEU legitimate interests,including in particular to:
To detect, prevent andr e p o r t f r a u d u l e n t o rsuspicious orders/transactions.
(d) AML / KYCData
(e) Enhanced KYCData;
(f) Financial;
· protect the reputation of BITEEU business;
· avoid any complicity or association withfraud;
· report fraudulent or otherwise suspiciousorders that BITEEU receives (or which latercame to BITEEU knowledge) to relevantpublic authorities.
(g) Portfolio;
(h) Transaction.
To m a n a g e BITEEUrelationship with User,including in particular to:
( i ) notify User aboutchanges to BITEEU termsand conditions or privacynotices;
(ii) inform User aboutc h a n g e s t o BITEEUPlatform (including theaddition of new virtualcurrency that is available totrading);
( i i i) deal with User’si n q u i r i e s , r e q u e s t s ,complaints or reportedissues;
(a) Identity;
(b) Contact;
(iv) provide User withsupport and assistance;
(c) Financial;
(v) contact User in relationto User’s Account,portfolio and other relatedmatters;
(vi) ask User to participatein a survey;
(d) Account;
(e) Portfolio;
(f) Transaction;
(g) Usage;
(a) Performance of a contract with User .
(b) Necessity for BITEEU legitimate interests (for User care and service matters, to study how Users use BITEEU Platform, to assessBITEEU operations, to develop them and grow BITEEU business).
(vii) request feedback from
User ;
(h) Profile;
( viii) advise User ofindustry and legislativeupdates;
(i) Marketing andCommunications.
(ix) inform User about
BITEEU events;
(x) provide User withinformation about BITEEUPlatform;
( xi) administer User’sAccount;
(xii) provide User with anyo t h e r i n f o r m a t i o n o rmaterials that User hasrequested to receive fromBITEEU ;
To administer and protectBITEEU b u s i n e s s, including the Platform and the Site , ( i n c l u di n g t r o u b l e s h o o t i n g , da t a analysis, testing, systemmaintenance, support,safety and security testing,reporting and hosting ofdata).
(a) Identity;
(b) Contact;
(c) Technical;
(d) Account.
(a) Necessity for BITEEU legitimate interests (for running and administering BITEEU business,network security, to prevent fraud, and in thecontext of a business reorganization or grouprestructuring exercise).
(b) Necessity to comply with a legal obligation.
(c) Performance of a contract with User .
To deliver relevant websitecontent and advertisementsto User and measure orunderstand the effectiveness of theadvertising which BITEEUserves to User .
(a) Identity;
(b) Contact;
(c) Account;
(d) Usage;
Necessity for BITEEU legitimate interests (tostudy how Users use BITEEU Platform, todevelop them, to grow BITEEU business and toinform BITEEU marketing strategy).
To ensure that BITEEUcontent is presented inthe most effective manner toUser and User’s computerand devices, and in a userfriendly manner.
(e) Marketing andCommunications;
(f) Technical.
To use data analytics toimprove the Site andPlatform, marketing, Userr e l a t i o n s h i p s a n dexperiences.
(a) Technical;
(b) Usage.
Necessity for BITEEU legitimate interests (todefine types of Users that have registered anAccount on BITEEU Platform, to keep the Siteand the Platform updated and relevant, to develop BITEEU business and to informBITEEU marketing strategy).
BITEEU makes sure BITEEU considers and balances any potential impact on User (both positive and negative) and User’s rights before BITEEU processes User’s Personal Data for BITEEU legitimate interests. BITEEU does not use User’sPersonal Data for activities where BITEEU interests are overridden by the impact on User (unless BITEEU has User`s consent or is otherwise required or permitted to by Estonian law and International Acts).
Marketing
BITEEU strives to provide User with choices regarding certain Personal Data uses in relation to User’s Account. ThroughUser’s Account, Identity, Contact, Technical, Usage and Marketing and Communications Data, BITEEU can form a view on what BITEEU thinks User may want or need. BITEEU will send details as to how User may enhance User’s trading activity in relation to the User’s Account.
User may receive marketing communications from BITEEU (which may consist of newsletters, industry updates, mailshots,publications, promotional materials and/or information about BITEEU events) where:
· User provides User’s consent to receiving such marketing material; or
· User has an ongoing commercial or contractual relationship with BITEEU (e.g. where
BITEEU considers User to be an active User of the Platform); and
· provided User has not opted out of receiving marketing from BITEEU.
Third-Party Marketing
BITEEU will get User’s express opt-in consent before BITEEU shares User’s Personal Data with any third parties (includingBITEEU associated or related corporate entities) for marketing purposes.
Opting Out
User can ask BITEEU to stop sending such advertising and marketing communications at any time by:
· following the opt-out links on any marketing messages sent to User;
· contacting BITEEU at any time at info@biteeu.com.
Where User opt out of receiving such communications, this will not apply to Personal Data processed or provided to BITEEUas a result of User’s entry into relationship with BITEEU and BITEEU Platform.
Change of Purpose
BITEEU will only use User’s Personal Data for the purposes for which BITEEU collected it, unless BITEEU reasonablyconsiders that BITEEU needs to use it for another reason and that reason is compatible with the original purpose, or BITEEU is obliged to process User’s data by Estonian laws or court or other enforceable orders.
Please note that BITEEU may process User’s Personal Data without the need to obtain User’s consent, in compliance with the above rules, where this is required or permitted by Estonian law and International Acts.
BITEEU may have to share User’s 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 BITEEU engages to process information on BITEEU and/or User’s behalf, including to provide User with the information and/or materials that User has requested.
· Our subsidiaries, associates and agents where necessary to facilitate User’s relationship with
· The regulators, law enforcement agencies and other authorities who require reporting of processing activities, or may request information from BITEEU, in terms of Estonian 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 who assist BITEEU with the recovery of debts owed to BITEEU.
· Third parties to whom BITEEU may choose to sell, transfer, or merge parts of BITEEU business or BITEEU assets (successors in title). Alternatively, BITEEU may seek to acquire other businesses or merge with them. If a change happens to BITEEU business, then the new owners may use User’s Personal Data in the same way as set out inthis notice.
BITEEU requires all third parties to respect the security of User’s Personal Data and to treat it in accordance with the Estonian law and International Acts (including applicable data protection).BITEEU does not allow BITEEU third party business partners or service providers to use User’s Personal Data for their own purposes and only permit them to process User’s Personal Data for specified purposes and in accordance with BITEEU documented instructions. Furthermore, these third parties access and process User’s Personal Data on the basis of strict confidentiality and subject to the appropriatesecurity measures and safeguards.
BITEEU may also disclose User’s Personal Data:
· If BITEEU is under a duty to disclose or share User’s Personal Data to comply with any legal obligation,judgment or under an order from a court, tribunal or authority, or
· If BITEEU believes User’s actions are inconsistent with BITEEU user agreements or policies, or to protect therights, property and safety of BITEEU or others, or
· in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or aportion of BITEEU business by another company; or
· if BITEEU has User’s consent or at User’s direction.
BITEEU may also share aggregated or de-identified information, which cannot reasonably be used to identify User.
User consents to the transfer of data to entities outside the European Economic Area (“EEA”) including, and acknowledges such transfers, which will only take place for the purposes set forth in Section 5, are necessary for the performance of a contractbetween the data subject and the controller or the implementation of pre-contractual measures taken at the data subject's request. Such transfers may take place to countries for which there is no adequate decision pursuant to Article 45 of the GDPR and may lack EU-type privacy protections.
While no online or electronic system is guaranteed to be secure, BITEEU takes reasonable measures to help protectinformation about User from loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction.
BITEEU has put in place appropriate security measures to prevent User’s Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, BITEEU limits access to User’s Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process User’sPersonal Data on BITEEU instructions and they are subject to a duty of confidentiality.
BITEEU has put in place procedures to deal with any suspected Personal Data breach and will notify
User and any applicable regulator of a breach where BITEEU is legally required to do so.
“Confidential Information” means any non-public information of the discloser, whether of a financial, business or othernature (including, but not limited to, trade secrets, and information relating to
the Users, business plans, promotional and marketing activities, IT, finances and other business affairs of the discloser) that is disclosed to or obtained by the recipient and that the recipient knows or has reason to know is confidential, proprietary or trade secret information of discloser. Confidential Information also includes any information that hasbeen made available to discloser by third parties that discloser is obligated to keep confidential. ConfidentialInformation does not include any information that:
(a) was known to the recipient before receiving the same from the discloser in connection with this
(b) is independently developed by the recipient without reliance on any Confidential Information of the discloser;
(c) is acquired by the recipient from another source without restriction as to use or disclosure; or
(d) is or becomes generally known to the public through no fault or action of the recipient. Each party guarantees:
(a) use the other's Confidential Information solely for the purposes of performing this Policy,
(b) disclose the other party’s Confidential Information only to those employees and contractors that need to know the samefor purposes of performing this Policy, and
(c) inform its employees and contractors with access to the other party’s Confidential Information that such Confidential Information is confidential and proprietary to the other party and is subject to this Policy.
BITEEU and User will preserve and protect each other`s Confidential Information and will not divert or misappropriate anyConfidential Information for its own or any third party’s benefit. Without limiting the generality of the foregoing, BITEEU and User will keep Confidential Information confidential and accessible and use restrictions at least as stringent as those applied to protect its own information of similar type
How long will use my Personal Data for?
BITEEU will only retain User’s Personal Data for as long as necessary to fulfill the purposes BITEEU 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 BITEEU may be subject and/or to the extent that BITEEU may also need to retainUser’s Personal Data to be able to assert, exercise or defend possible future legal claims against or otherwise involvingUser.
By and large, BITEEU retention of User’s Personal Data shall not exceed the period of seven (7) years from the date of the termination of User’s relationship with BITEEU (which would typically arise from the closure/de-registration of User’sAccount on the Platform). This period of retention enables BITEEU 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 prescriptiveperiods).
In the event that BITEEU’s activities are held by competent legislators and regulators in amount to a ‘relevant activity’ at Estonian law, BITEEU will retain User’s AML and KYC Data for the duration of User’s business relationship with BITEEUand for a further period of seven years following its termination and, in certain instances, for a maximum period of seven(7) years post-termination if mandated by the competent authority. BITEEU may need to revise this AML retention period inthe event of applicable legal or regulatory developments, but BITEEU will notify User if this is the case at the time.
In some circumstances, User can ask BITEEU to delete User’s Personal Data. See below for further information.
Data Minimization
Whenever and to the extent possible, BITEEU anonymous data which BITEEU holds about User when it is no longer necessary to identify User from the data which BITEEU holds about User (anonymous data).
In some circumstances, BITEEU may even anonymize User’s Personal Data (so that it can no longer be associated with User)for research or statistical purposes, in which case BITEEU may use this information indefinitely without further notice.
Under certain circumstances, User has rights under data protection laws in relation to User’s Personal Data according with Estonian law and International Acts.
· Request access to User’s Personal Data.
· Request correction of User’s Personal Data.
· Request erasure of User’s Personal Data.
· Object to processing of User’s Personal Data.
· Request restriction of processing User’s Personal Data.
· Request transfer of User’s Personal Data.
· Right to withdraw consent.
If User wish to exercise any of the rights set out above, please contact BITEEU at info@biteeu.com. These rights are explained below.
No Fee usually required
User will not normally have to pay a fee to exercise User’s Personal Data subject rights.
However, BITEEU may charge a reasonable fee if User’s request is clearly unfounded, repetitive or excessive. Alternatively,BITEEU may refuse to comply with User’s request in the above circumstances.
What BITEEU may need from User
BITEEU may need to request specific information from User to help BITEEU confirm User’s identity and ensure User’s right to access User’s Personal Data (or to exercise any of User’s other data subject rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. BITEEU may also contact User to ask for further information in relation to User’s request to speed up BITEEU response.
Time limit to Respond
BITEEU tries to respond to all legitimate requests within the period of one month from receipt of the request.
Occasionally it may take BITEEU longer than a month if User’s request is particularly complex or User
has made a number of requests. In this case, BITEEU will notify User and keep User updated.
User’s Legal Rights
User has the right to:
1. Request access to User’s Personal Data (commonly known as a “data subject access request”). This enables User to receive a copy of the Personal Data BITEEU holds about User and to check that BITEEU is lawfullyprocessing it. User may send an email to info@biteeu.com requesting information how the Personal Data is processed by BITEEU. User shall receive one copy free of charge via email of the Personal Data which isundergoing processing. Any further copies of the information processed may incur a charge of
€ 30.00.
2. Right to information when collecting and processing Personal Data about User from publicly accessible or third party sources. When this take places, BITEEU will inform User, within a reasonable and practicable timeframe, about the third party or publicly accessible source from which BITEEU has collected User’s Personal Data.
3. Request correction or rectification of the Personal Data that BITEEU holds about User. This enables User to have any incomplete or inaccurate data BITEEU holds about User corrected and/or updated, though BITEEU may need to verify the accuracy of the new data User provide to BITEEU. As mentioned, it is in User’s interest to keep BITEEU informed of any changes or updates to User’s Personal Data which occur during the course of User’srelationship with BITEEU.
4. Request erasure of User’s Personal Data. This enables User to ask BITEEU to delete or remove Personal Data where:
o there is no good reason for BITEEU continuing to process it;
o User has successfully exercised User’s right to object to processing (see below);
o BITEEU may have processed User’s information unlawfully; or
o BITEEU is required to erase User’s Personal Data to comply with Estonian law.
Note, however, that BITEEU may not always be able to comply with User’s request of erasure for specific legal reasons which will be notified to User, if applicable, at the time of User’s request. These may include instances where continued processing is necessary in order to be able to:
o comply with a legal or regulatory obligation to which BITEEU is subject; or
o file, exercise or defense of legal claims.
5. Object to processing of User’s Personal Data where BITEEU is relying on a legitimate interest (or those of a third party) and there is something about User’s particular situation which makes User want to object to processing on this ground as User feel it impacts User’s fundamental rights and freedoms. User also has the right to object whereBITEEU is processing User’s Personal Data for direct marketing purposes (see Marketing in Section 5 above).
In some cases, BITEEU may demonstrate that BITEEU has compelling legitimate grounds to process
User’s information which overrides User’s rights and freedoms.
6. Request restriction of processing of User’s Personal Data. This enables User to ask
BITEEU to suspend the processing of User’s Personal Data in the following scenarios:
o if User want BITEEU to establish the data's accuracy;
o where BITEEU uses of the data is unlawful but User do not want BITEEU to erase it;
o where User needs BITEEU to hold the data even if BITEEU no longer requires it as User
need it to establish, exercise or defend legal claims; or
o User has objected to BITEEU use of User’s data but BITEEU needs to verify whether
BITEEU has overriding legitimate grounds to use it.
7. Request the transfer (data portability) of User’s Personal Data to User or to a third party. BITEEU will provide User, or a third party User has chosen, with User’s Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which User initially provided consent for BITEEU to use or where BITEEU used the information to perform a contract with User in accordance with Policytogether with Agreement on Terms of Use and other binding BITEEU policies, notices, agreements and documents related to the Services.
8. Withdraw consent at any time where BITEEU is relying on consent to process User’s Personal Data (which willnot generally be the case). This will not however affect the lawfulness of any processing which BITEEU carried outbefore User withdrew User’s consent. Any processing activities that are not based on User’s consent will remain unaffected.
User’s Choices Regarding User’s Account Information
User may update, correct, or delete information about User at any time by logging into User’s BITEEU Account. If User wish to delete or deactivate User’s Account, please send request or question to info@biteeu.com, but note that BITEEU may retain certain information as required by Estonian law or for legitimate business purposes, as further highlighted above.
BITEEU may change this Policy or tariffs or another information from time to time, particularly where BITEEU needs to take into account and cater for any (i) business developments and/or (ii) legal or regulatory developments to the issuance or trading of virtual currency and virtual currency under Estonian law and International Acts. If BITEEU makes changes, BITEEU will notify User by revising the date at the top of the Policy and, in some cases, BITEEU may provide User with additional notice (such as adding a statement to BITEEU homepage or sending User notification).BITEEU encourages User to review the Privacy Policy whenever User access the Services or otherwise interact with BITEEU to stay informed about BITEEUinformation practices and the ways User can help protect User’s privacy.
The language of the original documents is English.