WHAT IS YOUR PERSONAL DATA
Personal data is any information that relates to a living individual who can be identified from that information either by the information alone or together with any other information likely to come into (or already in) our possession. The obtaining, storing and use of personal data is governed by the General Data Protection Regulation 2016/679.
WHO ARE WE?
We are Your Data Compliance (collectively referred to as “YDC” , “we”, “us” or “our” in this privacy notice).
YDC aims to be a world-leading data protection compliance solutions provider.
This privacy notice explains how YDC collects and processes your personal data.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy notice supplements any other notices and is not intended to override them.
COMPLAINTS
We try to meet the highest standards in order to protect your privacy. However, if you are concerned about the way in which we are managing your personal data, please contact our Data Protection Officer using the contact details above.
You have the right to make a complaint at any time to the Gibraltar Regulatory Authority, which is Gibraltar’s supervisory authority for data protection issues (http://www.gra.gi). We would, however, appreciate the chance to deal with your concerns before you approach the GRA so please contact us in the first instance.
UPDATING YOUR PERSONAL INFORMATION
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
THIRD-PARTY LINKS
This website 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 you. We do not control these third-party websites and are not responsible for their privacy notices. When you leave our website, we encourage you to read the privacy notice of every website you visit.
CATEGORIES OF PERSONAL INFORMATION WE MAY COLLECT
We may collect, receive, use, store and transfer the following kinds of personal data about you :
- Identity Data including information about your identity such as name, address, date of birth, username or similar identifier, title, gender.
- Contact Data including where you live and how to contact you including: address, email address and telephone numbers.
- Technical Data including details about the devices and technology you use including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website or services.
- Profile Data including your username and password, purchases made by you, your interests, preferences, feedback and survey responses.
- Social Media Data including social media handles and other social media profile information that you make available to us or to the public.
- Usage Data including information about how you use our website.
- Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We use different methods to collect data about you including through:
- Information you give us:
- when you apply for, or use, our products or services;
- when you communicate with us whether by phone, post, email, online or by other means;
- when you use our websites or device applications;
- in emails, letters and other correspondence;
- give us feedback; and
- when you request marketing to be sent to you by us or selected third parties.
- Automated technologies or interactions.As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server log and other similar technologies. Please see our Cookie Notice of this document for further details.
- Your use of our services. The data we collect when you use our services (such as making transactions, viewing your account details or using any part of our website) includes:
- Profile Data;
- Usage Data; and
- Technical Data as outlined above.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Companies that introduce you to us;
- Card associations;
- Government and law enforcement agencies; and
- Agents working on our behalf including fraud prevention agencies, analytics providers, advertisers.
WHY WE COLLECT YOUR PERSONAL INFORMATION
We have set out in the table below a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so lawfully.
References below to Financial and Transaction include information about the public addresses you use to transfer or receive cryptocurrencies and tokens.
| Purpose | Type of data | Lawful basis for processing |
| To register you as a new customer, including to verify your identity and to open your account. | (a) Identity
(b) Contact |
1. Performance of a contract with you
2. Necessary to comply with a legal obligation (such as money laundering checks) 3. Necessary for our legitimate interests (e.g. risk management and fraud prevention) |
| To provide our services to you and manage our relationship with you (e.g. inform you of changes and correspond with you) | (a) Identity
(b) Contact (c) Marketing and Communications |
1. Performance of a contract with you
2. Necessary to comply with a legal obligation (such as money laundering checks) 3. Necessary for our legitimate interests (e.g. risk management and fraud prevention) 4. Consent in relation to Marketing and Communications |
| To communicate with you over phone or email or through your account | (a) Identity
(b) Contact (c) Profile (d) Marketing and Communications |
1. Performance of a contract with you
4. Consent in relation to Marketing and Communications |
| To enable you to use your account to make and receive payment transactions in fiat currency and cryptocurrency. | (a) Identity
(b) Contact |
1. Performance of a contract with you
2. Necessary to comply with a legal obligation 3. Necessary for our legitimate interests (e.g. risk management and fraud prevention) |
| To enable you to partake in a prize draw, competition or complete a survey | (a) Identity
(b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of a contract with you once you have partaken in the events
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) Consent in relation to marketing communications |
| To administer and protect our business, your account and our website, to improve our website and products/services (including troubleshooting, data analysis, testing, system maintenance, support, security, reporting, complying with our regulatory obligations and hosting of data) | (a) Identity
(b) Contact (c) Technical (d) Usage |
1. Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
2. Necessary to comply with a legal obligation |
| To give you, or allow selected third parties to give you, information about goods and services we think you may be interested in. | (a) Identity
(b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
1. Consent in relation to marketing communications
2. Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business,to inform our marketing strategy to develop new products/services and grow our business) |
WHO WE MAY SHARE YOUR PERSONAL INFORMATION WITH
As part of providing you with our services and running our business, we may disclose your personal information to:
- A member of our companies, as reasonably necessary for the purposes, and on the legal bases, detailed in this notice;
- Our agents, advisors and business partners who we use to help manage your accounts and services, improve services and resolve issues such as legal disputes;
- Tax authorities, regulators and other authorities;
- Fraud prevention and credit reference agencies for the purpose of verifying your identity and ensuring the security of your account;
- Fraud and crime prevention agencies and organisations;
- Government authorities and bodies, supra-national authorities and bodies, crime investigation agencies, courts and others who ask us to disclose that information as required by law
- Any party linked with you or your business’s products or services;
- Organisations that introduce you to us;
- Organisations we introduce you to for marketing purposes;
- Analytics and search engine providers that assist us in the improvement and optimisation of our website;
- Any insurance company for the purposes of insuring risk; and
- Other entities where we are obliged to by law or to law enforcement agencies for the purposes of registration of fraud or suspected fraud or where we have your consent.
We may disclose your personal information to the above mentioned third parties:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
- If substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation;
- In order to enforce or apply our terms of use and other agreements;
- To protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
- To enable us to run our business and offer our services to you This includes sharing your details with our business partners, such as our IT service providers, when sharing your data is necessary for us to comply with our legal obligations or if we need to share your data to exercise of defend a legal claim. In order to protect the vital interests of you or another natural person.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
HOW WE MAY USE YOUR PERSONAL INFORMATION TO MAKE AUTOMATED DECISIONS
We may use systems to make automated decisions based on information we hold about you. This helps us to make sure our decisions are quick, fair, efficient and correct, based on what we know. These automated decisions can affect the products, services or features we may offer you now or in the future. The following are some of the ways we may use systems to make automated decisions:
Tailoring products and services
We may use your data along with that of other customer in order to study and learn about our customers’ needs, and to make decisions based on what we learn. This helps us to design products and services for different customer groups, and to manage our relationships with them.
Fraud detection
We use your personal information to help determine if your account is being used fraudulently or for money-laundering. If there is a risk of fraud, or money laundering, we may suspend or terminate your account and refuse access to your account.
Opening accounts
We may use automated checks to help determine if you satisfy our criteria for becoming a client, including fraud, money laundering and eligibility checks.
YOUR RIGHTS WITH RESPECT TO AUTOMATED DECISIONS
You can ask that we do not make our decision based on the automated decision alone.
You can object to an automated decision, and ask that a person reviews it.
If you want to know more about these rights, or to exercise them, please contact us at ask@yourdatacompliance.com
WHERE WE STORE AND TRANSFER YOUR PERSONAL INFORMATION
All information you provide to us will be transferred and stored in a jurisdiction located in the European Economic Area (EEA). However, we may transfer some or all of your data to countries outside of the EEA which may not offer the same level of protection as the General Data Protection Regulations with respect to the processing of your personal data. The General Data Protection Regulations is the legal instrument that deals with the protection of your data (‘GDPR’).
Where your data is transferred to such countries it will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission (EC) can by found on the EC’s website:
Where data is to be transferred to a group company in a country outside of the EEA which may not offer the same level of protection as the GDPR with respect to the processing of your personal data, we will ensure that the group company agrees to binding corporate rules in accordance with Article 47 of the GDPR. Further information can by found on the EC’s website: :
Where we transfer data to organisations based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see EC’s website page:
DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised 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 business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
KEEPING AND DELETING YOUR PERSONAL INFORMATION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 requirements.
In some circumstances you can ask us to delete your data: see request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
Under the General Data Protection Regulation you have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data. This enables you to object where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent. This allows you to withdraw your consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of these rights you will need to contact us using the contact details above. In the case of exercising your right to access, you will also need to provide appropriate evidence of your identity.
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 clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
CHANGES TO OUR PRIVACY NOTICE
We may make changes to this Notice from time to time, to take into account changes to our standard practices and procedures or where necessary to comply with new laws and regulations. The latest version of this document will always be available on our website and we encourage to review it regularly.
This privacy notice was last updated on 21/08/2019