As used herein, the following terms are defined as follows:
“Digital Asset” is a digital representation of value (also referred to as “cryptocurrency,” “virtual currency,” “digital currency,” “crypto token,” “crypto asset,” or “digital commodity”), such as Bitcoin, Ripple 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. “ Portfolio Account” means a user-accessible account offered via Portfolio. “Portfolio” means Portfolio-branded websites, applications, services, or tools operated by the Company. “Non-Personal Data” means anonymous data that does not identify you specifically, including data collected automatically when you enter our Site. This may include cookies, pixel tags, web beacons, browser analysis tools, web server logs, operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Our server logs may also record the IP addresses of the devices you use to interact with the Site. We may also collect information about a website you were visiting before you came to our Site and any website you visit after you leave our Site, if this information is supplied to us by your browser. “Personal Information” refers to any information relating to you, as an identified or identifiable natural person, including your name, an identification number, location data, or an online identifier or to one or more factors specific to the physical, economic, cultural or social identity of you as a natural person.
Safeguarding Your Personal Information
Personal Information We Collect
When using Portfolio, we may collect and use the following Personal Information about you: Full legal name;Home address, including country of residence;Email address;Mobile phone number;Date of birth;Proof of identity (e.g., driver’s license, passport, or government-issued identity card);An identification number issued by a government;Other Personal Information or commercial and/or identification information; andWhatever information we, in our sole discretion, deem necessary to comply with our legal obligations under various anti-money laundering (“AML”) obligations, such as under the European Union’s 4th AML Directive and the U.S. Bank Secrecy Act (“BSA”).
During our practice of collecting Personal Information, you maintain the following rights: Right of Rectification– You have the right to correct any Personal Information we hold on you that is inaccurate, incorrect, or out of date.Right of Erasure – You have the right to ask us to delete your data when it is no longer necessary, or no longer subject to a legal obligation to which Portfolio is subject to.Portability – You may have the right to transfer certain of your Personal Information between data controllers, for example, to move your account details from one online platform to another.Non-Personal Data Collection Practices
To disable automatic data collection techniques you may do any of the following:
Email Communications – Subject to applicable laws and regulations, we may from time to time send communications promoting services, products, facilities, or activities to you using information collected from you. When you create a Portfolio account you are agreeing to opt-in to all communications from us. We will provide you with an opportunity to opt-out of newsletter communications. We will never provide your Personal Information to third parties for direct marketing or other unrelated purposes without your written consent. Unfortunately, we are unable to allow you to opt-out of the emails we send you for certain legal or administrative purposes.Cookies – You may decline session cookies if your browser or browser add-on permits but choosing to remove or disable our cookies may interfere with your use and functionality of Portfolio. Location Information – You may be able to stop the collection of location information through your device settings or by following the standard uninstall process to remove our applications from your device; however, because such data is used by us to meet legal requirements, as well as for ongoing fraud and risk monitoring purposes, choosing to remove or disable location services may interfere with your use and functionality of Portfolio.
EU General Data Protection Regulation
As of May 25, 2018, the processing of Personal Information of users located in the European Union is subject to the EU General Data Protection Regulation (“GDPR”). To the extent we process any Personal Information of users located in the EU, you maintain your right to request the information that Portfolio has about you, the right to correct that information, the right to delete your account with Portfolio, and the right to object to Portfolio’s information collection practices. All Personal Information collected is done so for a legitimate purpose in providing our Services to you. If you have any questions or would like to delete your account with us or object to any of our information collection practices, please email us at email@example.com.
Information About You from Third-Parties
We work closely with third parties and may receive information about you from them, including the following:
The banks you use to transfer money to us will provide us with your basic Personal Information, such as your name and address, as well as your financial information such as your bank account details;Business partners may provide us with your name and address, as well as financial information;Advertising networks, analytics providers and search information providers may provide us with anonymized or de-identified information about you, such as confirming how you found our Site; andCredit reference agencies do not provide us with any personal information about you but may be used to corroborate the information you have provided to us.
Use of Personal Information and Non-Personal Data
Set forth below is a description of all the ways we use your Personal Information and Non-Personal Data and why we do so. Please contact us at firstname.lastname@example.org if you would like further information regarding how we collect and use your Personal Information and Non-Personal Data. We may use your Personal Information and Non-Personal Data to do the following:
Disclosure of your Personal Information
We may share your Personal Information with selected third parties including:
Affiliates, operational and business partners, suppliers and sub-contractors for the performance and execution of any contract we enter into with them or you;Analytics and search engine providers that assist us in the improvement and optimization of our Site; andOur group entities or subsidiaries.We may disclose your Personal Information to third parties when:
We sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets in order to continue the services for which you have contracted;We are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Service and other applicable agreements; or to protect the rights, property, or safety of Portfolio, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;We conduct or cooperate in investigations of fraud or other illegal activity whenever we believe it is reasonable and appropriate to do so;We seek to prevent and detect fraud and crime;We receive a lawful subpoena, warrant, court order, or as otherwise required by law;We seek to protect Portfolio from financial and insurance risks;We seek to recover debt or in relation to your insolvency; andWe seek information necessary to maintain or develop customer relationships, services and systems.In order to provide our Services to you, it is sometimes necessary for us to transfer your data to the third parties. In these cases, we ensure that both ourselves and our partners take adequate and appropriate technical, physical, and organizational security measures to protect your data. We also ensure we have appropriate contractual protections in place with these third parties.
Where We Store Your Personal Information
Our operations are supported by a network of computers, servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and our third-party service providers store and process your Personal Information in the European Union, Japan, Singapore, the United States of America, and elsewhere in the world.
Automated Decision Making
We may use Automated Decision Making (“ADM”) in order to improve your experience, or to help fight financial crime. For example, so that we can provide you with fast and efficient service, we may use ADM to confirm the accuracy of the information you have provided to us. None of our ADM processes have a legal effect on you.
Privacy When Using Digital Assets and Blockchains
Your financial acquisitions may be recorded on a public blockchain. Public blockchains are distributed ledgers, intended to immutably record transactions across wide networks of computer systems. Many blockchains are open to forensic analysis which can lead to de-anonymization and the unintentional revelation of private financial information, especially when blockchain data is combined with other data. Because blockchains are decentralized or third-party networks, which are not controlled or operated by Portfolio or its affiliates, we are not able to erase, modify, or alter Personal Information from such networks.
As Portfolio and its affiliates are subject to various legal, compliance and reporting obligations, including BSA or national AML requirements (as defined above), we are required by law to store some of your personal and transactional data beyond the closure of your account with us. Your data is only accessed internally on a need to know basis, and it will only be accessed or processed if absolutely necessary. We will delete data that is no longer required by any relevant law or jurisdiction in which we operate.
Access to Information
Subject to applicable laws, you may have the right to access information we hold about you. Your right of access can be exercised in accordance with the relevant data protection legislation. For further information, please contact email@example.com
Protection of Minors
Portfolio is not directed to persons under the age of 18, hereinafter “Minors”, and we do not knowingly collect Personal Information from Minors. If we learn that we have inadvertently gathered Personal Information from a Minor, we will take legally permissible measures to remove that information from our records. Portfolio will require the user to close his or her account and will not allow the use of PortfolioServices. If you are a parent or guardian of a Minor, and you become aware that a Minor has provided Personal Information to Portfolio, please contact us at support@Portfolio and you may request to exercise your applicable access, rectification, cancellation, and/or objection rights.