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BlockQuake Global Privacy Policy

Table of Contents

General Terms
Collection of Personal Data
How Your Personal Data is Used
Disclosure of Personal Data to Third Parties
Data Security
International Transfer of Personal Data
Other Sites
Data Accuracy
Data Retention
Access, Update, Withdraw Consent or Delete Your Information
Cookies
Direct Marketing
Notice Concerning Children
Contact Us

BLOCKQUAKE PRIVACY POLICY

General Terms

This Policy is issued by BlockQuake Holdings, LLC on behalf of itself, its subsidiaries and its affiliates (together, “BlockQuake”, “we”, “us” or “our”). This Policy describes our information handling practices when you access our website located at blockquake.com and exchange.blockquake.com, or any other websites, pages, features or content we own or operate (collectively, our “Sites”) and when you open an account with us (an “Account”).

“Personal Data” means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. This Policy covers all Personal Data that you voluntarily submit to us and that we obtain from our partners or other third-party sources.

The terms “Process”, “Processed” and “Processing” refer to anything that is done with any Personal Data, whether or not by automated means, which may include but is not limited to collection, recording, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction.

This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.

By visiting, signing up, accessing and using our Sites, you consent to the terms of this Policy and consent to the collection, use, and disclosure of your personal information as described below. If you do not agree with or you are not comfortable with any aspect of this Policy, you should immediately discontinue access or use of our Sites and associated services.

Except as described in this Policy, BlockQuake will not give, sell, rent or loan any Personal Data to any third party.

Collection of Personal Data

We collect Personal Data in order to provide you with access to our Sites and their associated services. Certain Personal Data we collect from users is required as we are required by applicable law to collect this Personal Data or it is relevant for specified purposes. Any Personal Data you provide to us that is not required is voluntary. Be advised that when you choose not to share certain information with us, it may limit your ability to access our Sites and services, and it may limit our ability to provide you with our complete array of services.

We may collect Personal Data about you, subject to applicable law, from a variety of sources as follows:

  • We may obtain your Personal Data when you provide it to us (e.g., where you contact us via email or telephone, or by any other means).
  • We may collect your Personal Data in the ordinary course of our relationship with you (e.g., in the course of opening an account, depositing funds into your account, executing your transactions or managing your account with us).
  • We may collect Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), to the extent that you choose to make your profile publicly visible).
  • We may receive your Personal Data from third parties who provide it to us (e.g., your employer; credit reference agencies; law enforcement authorities; etc.).
  • We may collect or obtain Personal Data when you use or request information about our services, subscribe to marketing communications, request support, complete surveys or sign up for a BlockQuake event.
  • We may collect or obtain Personal Data when you visit any of our Sites or use any features or resources available on or through our Sites. When you visit our Sites, your device and browser may automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to our Site and other technical communications information), some of which may constitute Personal Data.
  • We may also create Personal Data about you, such as records of your interactions with us, and details of your accounts, subject to applicable law.

The categories of Personal Data about you that we may collect, subject to applicable law, are as follows:

Individual Customer:

  • Personal details: given name(s); preferred name; nickname(s), gender; date of birth / age; marital status; social security number; passport number(s); other government(s) issued numbers (tax identification number, green card(s) number(s), driving license number); nationality; images of passports; images of driving licenses; images of other forms of official governmental Identification; images of signatures; authentication data (passwords, mother maiden name, challenge/response questions and answers, face recognition, voice recognition) and photograph.
  • Family details: names and contact details of family members, dependents and beneficiaries.
  • Contact details: address; telephone number; fax number; email address; and social media profile details.
  • Education history: details of your education and qualifications.
  • Financial details: billing address; bank account numbers; credit card numbers; cardholder or account holder name and details; instruction records; and transaction details.
  • Employment details: industry; role; business activities; names of current and former employers; work address; work telephone number; work fax number; work email address; and work-related social media profile details.
  • Views and opinions: any views and opinions that you choose to send to us, or publish about us on (including on social media platforms).
  • Electronic identifying data: IP address cookies, logs, online identifiers, device IDs, geolocation. See more details in our Cookie Policy.

Institutional Customer: 

  • Company details: Legal name; industry; business activities; jurisdiction of formation or incorporation; proof of legal existence (articles of incorporation, valid business license, trust implement or other comparable legal document(s)); employer identification number or other government(s) issued numbers (tax identification number); 
  • Proof of Identity (e.g., driver’s license, passport or government-issued ID): for (i) each  key company personnel who is authorized to enter into a contract that will legally bind the company, (ii) each account signatory and (iii) each beneficial owner of the entity  or legal arrangement associated with the relevant account;
  • Contact details: company address; telephone number; fax number; full legal names of all account signatories and company officers; names of employees authorized to access the account; contact details (work address, telephone number; fax number; email address; and work-related social media profile details) for all account signatories, company officers and employees authorized to access the account.
  • Financial details: billing address; bank account numbers; credit card numbers; cardholder or account holder name and details; instruction records; and transaction details.
  • Views and opinions: any views and opinions that the company/company personnel choose to send to us, or publish about us on (including on social media platforms).
  • Electronic identifying data: IP address cookies, logs, online identifiers, device IDs, geolocation. See more details in our Cookie Policy.

How Your Personal Data is Used

We use Personal Data collected as described in this Policy in order to:

  • Comply with our legal and regulatory obligations under applicable law;
  • Verify your identity by comparing your personal information against third-party databases; 
  • Fulfill our legal and regulatory compliance obligations, including “Know Your Customer” (“KYC”) and “Anti-Money Laundering” (“AML”) checks; and confirm and verify your identity (including by using credit reference agencies); and screen against government, supranational bodies (including but not limited to the Office of Foreign Assets Control (OFAC), European Union and the United Nations Security Council) and/or law enforcement agency sanctions lists as well as internal sanctions lists and other legal restrictions;
  • Detect, prevent and investigate potentially prohibited or illegal activities (including fraud), and/or violations of our posted User Agreement;
  • Operate, maintain and improve the Sites; 
  • Provide you with the Sites and their content, and any other information, products or services that you request from us; 
  • Manage your Account, resolve disputes, collect fees; 
  • Process transactions and send notices about your transactions;
  • Send you reminders, technical notices, updates, security alerts, support and administrative messages; 
  • Notify you when there are changes to any products or services we offer or provide though the Sites;
  • Answer your questions, respond to your requests and quality control; 
  • Ensure that content from our Sites is presented in the most effective manner for you and for your computer or device for accessing the Sites and provide a personalized experience; 
  • Enhance security, monitor and verify identity or account access (including login records) troubleshoot problems, combat spam or other malware or security risks;
  • Conduct security, corporate and controls audits and other risk management assessments;
  • Deliver targeted marketing messages and advertising, information about BlockQuake events or our partner events, and promotional offers based on your communication preferences (where this in accordance with the law);
  • Conduct market or customer satisfaction research; and engage with you for the purposes of obtaining your views on our products and services;
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the User Agreement;
  • To enforce our agreements with third parties;
  • For quality control and staff training;
  • Collection/use is necessary to protect the vital interests of any individual; or
  • Processing is necessary for reasons of substantial public interest and occurs on the basis of an applicable law that is proportionate to the aim pursued and provides for suitable and specific measures to safeguard your fundamental rights and interests.
  • Legal proceedings: establishing, exercising and defending legal rights.

Disclosure of Personal Data to Third Parties

We may disclose your Personal Data to other entities, for legitimate, everyday business purposes (including providing services to you and operating our Sites), in accordance with applicable law.

In particular, we may disclose your Personal Data to the following third parties:

  • you and, where appropriate, your family, your associates and your representatives;
  • clients and customers of our businesses;
  • credit reporting agencies;
  • anti-fraud services;
  • Governmental, legal, tax and regulatory, or similar authorities, ombudsmen, and central and/or local government agencies, upon request or where required, including for the purposes of reporting any actual or suspected breach of applicable law or regulation;
  • accountants, auditors, financial and tax advisors, lawyers, notaries and other outside professional advisors to BlockQuake, subject to binding contractual obligations of confidentiality in accordance with applicable law;
  • debt-collection agencies and tracing agencies;
  • data aggregation services;
  • accreditation bodies;
  • third party vendors that provide services for us (such as global KYC/AML providers, payment services providers; etc.), located anywhere in the world, subject to the requirements noted below;
  • any relevant party, claimant, complainant, enquirer, law enforcement agency or court, to the extent necessary for the establishment, exercise or defense of legal rights in accordance with applicable law;
  • any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security in accordance with applicable law;
  • any relevant party to comply with legal requirements for the enforcement of laws, regulations, court orders, subpoenas, and warrants during the course of legal proceedings or otherwise; or to protect and safeguard our copyright, trademarks, legal rights, intellectual property rights or safety; or as part of bankruptcy, liquidation or similar proceedings;
  • any relevant party in connection with KYC/AML requirements; any relevant third-party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation) or the assets or business of our funds.

You may limit our sharing of your Personal Data by contacting us at: privacy@blockquake.com or via our support page or by writing to us at BlockQuake, 110 Wall Street, New York, New York, 10005, USA (Attention: Privacy Officer).

Our Sites may use third party plugins or content. If you choose to interact with any such plugins or content, your Personal Data may be shared with the third-party provider of the relevant social media platform. We recommend that you review that third party’s privacy policy before interacting with its plugins or content.

If we engage a third-party vendor to collect/process your Personal Data, the vendor will be subject to binding contractual obligations to: (i) only collect/use the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.

Data Security

Although not free from risk, including risk of cyberattacks, we have implemented reasonably appropriate technical and organizational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of use, in accordance with applicable law.

We may store and process all or part of your personal and transactional information, including certain payment information, such as your encrypted bank account and/or routing numbers, in the United States and elsewhere in the world where our facilities or our service providers are located.

The safety and security of your information also depends on you. Unfortunately, the transmission of information via the internet, wireless connections and mobile services is not completely secure. You are responsible for ensuring that any Personal Data that you send to us are sent securely. Additionally, you are responsible for protecting against unauthorized access of your account and Personal Data by keeping your password secure and not disclosing your password to any third party. If you suspect that there has been a breach of the security of your data you should contact us (privacy@blockquake.com) and include details of the nature of the breach, the date of the breach, and the full circumstances of the breach.

International Transfer of Personal Data

Because of the international nature of our business, we may need to transfer your Personal Data within BlockQuake and to third parties as noted above, in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries. By using the Sites, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.

Other Sites

The Sites may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and partners. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other websites may send their own cookies to your Device, they may independently collect data or solicit Personal Data and may or may not have their own published privacy policies. You should independently assess the authenticity of any site prior to providing Personal Data to such sites.

Data Accuracy

We take reasonable steps designed to ensure that your Personal Data that we Process is accurate and, where necessary, kept up to date; and any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay. From time to time we may ask you to confirm the accuracy of your Personal Data.

Data Retention

We take every reasonable step to ensure that your Personal Data are only retained for the minimum period necessary for the purposes set out in this Policy. The criteria for determining the duration for which we will retain your Personal Data are as follows:

(1) we will retain copies of your Personal Data in a form that permits identification only for as long as:

a. we maintain an ongoing relationship with you (e.g., where you are a recipient of our services, or you are lawfully included in our mailing list and have not unsubscribed); or

b. your Personal Data are necessary in connection with the lawful purposes set out in this Policy, for which we have a valid legal basis (e.g., where your personal data are included in a contract between us and your employer, and we have a legitimate interest in processing those data for the purposes of operating our business and fulfilling our obligations under that contract; or where we have a legal obligation to retain your Personal Data),

plus:

(2) the duration of:

a. any applicable limitation period under applicable law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Data, or to which your Personal Data may be relevant); and

b. an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim),

and:

(3) in addition, if any relevant legal claims are brought, we may continue to retain your Personal Data for such additional periods as are necessary in connection with that claim.

During the periods noted in paragraphs (2)a and (2)b above, we will restrict our use of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.

Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either:

  • permanently delete or destroy the relevant Personal Data;
  • archive your Personal Data so that it is beyond use; or
  • anonymize the relevant Personal Data.

Access, Update, Withdraw Consent or Delete Your Information

Subject to applicable law, you may have a number of rights regarding the Processing of your Personal Data, including:

  • the right to request access to, or copies of, your Personal Data that we Process or control, together with information regarding the nature, processing and disclosure of those Personal Data;
  • the right to request rectification of any inaccuracies in your Personal Data that we Process or control;
  • the right to request, on legitimate grounds:
  • erasure of your Personal Data that we Process or control; or
  • restriction of Processing of your Personal Data that we Process or control;
  • restriction of Processing of your Personal Data that we Process or control;
  • where we Process your Personal Data on the basis of your consent, the right to withdraw that consent; and
  • the right to lodge complaints with an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws regarding the Processing of your Personal Data by us or on our behalf.

This does not affect your statutory rights.

Subject to applicable law, you may also have the following additional rights regarding the processing of your Personal Data:

  • the right to object, on grounds relating to your particular situation, to the Processing of your Personal Data by us or on our behalf; and
  • the right to object to the Processing of your Personal Data by us or on our behalf for direct marketing purposes.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided below.

Cookies

A cookie is a small file that is placed on your device when you visit a website (including our Sites). It records information about your device, your browser and, in some cases, your preferences and browsing habits. We may Process your Personal Data through cookie technology, in accordance with our Cookie Policy.

Direct Marketing

We may Process your Personal Data to contact you, primarily by email and also on occasion by telephone, so that we can provide you with information concerning products and services that may be of interest, in accordance with applicable law.

If you do not wish to receive marketing communications from us you can opt out at any time by electronically unsubscribing from emails we have sent to you. After you unsubscribe, we will not send you further promotional emails, but we may continue to contact you to the extent necessary for the purposes of any services you have requested.

Notice Concerning Children

We do not target our Sites either directly or indirectly towards children, nor do we knowingly collect information about children under the age of thirteen (13). If we learn that the information of a child under the age of 13 is stored within its system, we will promptly delete any information in that Account. If you become aware that a child under the age of 13 has provided us with Personal Data, please notify us immediately and we will terminate the account, if applicable, and delete such information.

Contact Us

If you have questions, comments, or concerns regarding this Policy, please contact us and we will respond to your request within a reasonable timeframe. Please include the following information in your request (a) Your name; (b) Your contact information, including phone number, mailing address, and email address; and (c) The precise nature of your request, inquiry, or complaint. You may contact us via email at: privacy@blockquake.com or via our support page or by writing to us at BlockQuake, 110 Wall Street, New York, New York, 10005, USA (Attention: Privacy Officer).

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