Last updated: 12 Dec 2018
Your Privacy is Important to Us
In this policy, “we”, “us”, or “our” means Gainsky Investments Ltd, “you”, “your” or “yours” means the persons to whom this policy applies.
The security of your personal data is important to us. Gainsky Investments Ltd has in place safeguards to protect the personal data stored with us. This policy describes how we may collect, use, disclose, process and manage your personal data.
This policy applies to any individual’s personal data which is in our possession or under our control.
In the event of any inconsistency between different versions of this policy, the English version shall prevail.
What Personal Data We Collect
“Personal data” is data that can be used to identify a natural person. Some examples of personal data that we may collect are:
(a) personal particulars (e.g. name, contact details, residential address, date of birth, and/or identity card/passport details);
(b) specimen signature(s);
(c) images and voice recordings of our conversations with you;
(d) information about your risk profile, investments, investment objectives, knowledge and experience and/or business interests and assets;
(e) banking information (e.g. bank account numbers and cryptocurrency wallet details);
(f) personal opinions made known to us (e.g. feedback or responses to surveys); and/or
(g) Information obtained from mobile device with your consent (e.g. device location and information).
Usage of Your Personal Data
We may use your personal data for our core business purposes, such as:
(a) developing and providing trading facilities, products or services (whether made available by us or through us), including but not limited to:
i. executing investments or other transactions and clearing or reporting on these transactions;
ii. carrying out research, planning and statistical analysis; or
iii. analytics for the purposes of developing or improving our products, services, security, service quality, and advertising strategies;
(b) assessing and processing applications, instructions or requests from you or our customers;
(c) communicating with you, including providing you with updates on changes to products, services and trading facilities (whether made available by us or through us) including any additions, expansions, suspensions and replacements of or to such products, services and banking facilities and their terms and conditions;
(d) managing our infrastructure and business operations and complying with internal policies and procedures;
(e) responding to queries or feedback;
(f) addressing or investigating any complaints, claims or disputes;
(g) verifying your identity for the purposes of providing trading facilities, products or services;
(h) conducting screenings or due diligence checks as may be required under applicable law, regulation or directive;
(i) complying with all applicable laws, regulations, rules, directives, orders, instructions and requests from any local or foreign authorities, including regulatory, governmental, tax and law enforcement authorities or other authorities;
(j) monitoring products and services provided by or made available through us;
(k) creating and maintaining credit and risk related models;
(l) financial reporting, regulatory reporting, management reporting, risk management (including monitoring credit exposures), audit and record keeping purposes;
(m) enforcing obligations owed to us; and/or
(n) seeking professional advice, including legal advice.
We may also use personal data for purposes set out in the terms and conditions that govern our relationship with you or our customer.
Use of Personal Data for Marketing Purposes
We may use your personal data to offer you products or services, including campaigns, promotions, contests or entitlements that may be of interest to you or for which you may be eligible. Such marketing messages may be sent to you in various modes including but not limited to electronic mail, direct mailers, short message service, telephone calls, facsimile and other mobile messaging services. In doing so, we will comply with all applicable data protection and privacy laws, such as the European Union General Data Protection Regulation (GDPR).
In respect of sending telemarketing messages to your mobile number via short message service, telephone calls, facsimile and other mobile messaging services, please be assured that we shall only do so if we have your clear and unambiguous consent in writing or other recorded form to do so or if you have not otherwise made the appropriate registration of that number with our Do Not Contact Registry. If we have an ongoing relationship with you and you have not indicated to us that you do not wish to receive telemarketing messages sent to your mobile number, we may send you telemarketing messages to that number related to the subject of our ongoing relationship via short message service, facsimile and other mobile messaging services (other than a voice or video call).
You may at any time request that we stop contacting you for marketing purposes via selected or all modes.
Nothing in this section shall vary or supersede the terms and conditions that govern our relationship with you.
Disclosure and Sharing of Personal Data
We may from time to time and in compliance with all applicable laws on data privacy, disclose your personal data to any personnel of Gainsky Investments Ltd or to third parties, whether located in Germany or elsewhere, in order to carry out the purposes set out above. Please be assured that when we disclose your personal data to such parties, we require them to ensure that any personal data disclosed to them are kept confidential and secure.
We wish to emphasise that Gainsky Investments Ltd does not sell personal data to any third parties and we shall remain fully compliant of any duty or obligation of confidentiality imposed on us under the applicable agreement(s) and/or terms and conditions that govern our relationship with you or our customer or any applicable law.
We may transfer, store, process and/or deal with your personal data outside Germany. In doing so, we will comply with all applicable data protection and privacy laws, such as the GDPR.
Cookies and Related Technologies
A pixel tag, also known as a web beacon, is an invisible tag placed on certain pages of our web site but not on your computer. Pixel tags are usually used in conjunction with cookies and are used to monitor the behaviour of users visiting the web site.
You may set up your web browser to block cookies which will in turn disable the pixel tags from monitoring your web site visit. You may also remove cookies stored from your computer or mobile device. However, if you do block cookies and pixel tags, you may not be able to use certain features and functions of our web sites.
Other Web Sites
Retention of Personal Data
Your personal data is retained as long as the purpose for which it was collected remains and until it is no longer necessary for any other legal or business purposes.
Access and Correction
You may request access or make corrections to your personal data held by Gainsky Investments Ltd. Gainsky Investments Ltd may charge a fee for processing your request for access. Such a fee depends on the nature and complexity of your access request. Information on the processing fee will be made available to you.
The GDPR also provides relevant individuals with additional rights including the right to obtain information on how Gainsky Investments Ltd process your personal data, receive certain information provided in an electronic format and/or request that these be transmitted to a third party, request for your information to be erased, object or restrict the use or processing of your information in some circumstances. These will be subject to ongoing obligations imposed on the Company pursuant to any applicable law or regulation, and/or the company’s legitimate reason or entitlement to continue processing your information, and/or to refuse that request.
We may amend this policy from time to time to ensure that this policy is consistent with any developments to the way Gainsky Investments Ltd uses your personal data or any changes to the laws and regulations applicable to Gainsky Investments Ltd. We will make available the updated policy on our web site (www.gainsky.com/privacy). All communications, transactions and dealings with us shall be subject to the latest version of this policy in force at the time.