EEA/UK (GDPR) Privacy Notice
Last Updated: March 07, 2022
1. APPLICABILITY OF THE GDPR PRIVACY NOTICE
This Privacy Notice (“Notice”) applies to Individuals that are located within the European Economic Area (EEA) and the United Kingdom (UK), and supplements Anchorage Digital’s Online Privacy Notice (available on our Anchorage Digital Privacy Center page). We adopt this Notice to comply with the General Data Protection Regulation (“GDPR”). The GDPR defines Personal Data as any information relating to an identified or identifiable natural person (“Data Subject”).
2. LEGAL BASIS FOR PROCESSING PERSONAL DATA
If you are located in the EEA or the UK, we only process your Personal Data for specific reasons and when we have a valid legal basis for processing under applicable data protection laws.
The legal bases on which we rely on to process your Personal Data, as appropriate, are set out below:
- Necessary for the performance of a contract with you or in order to take steps at your request prior to entering into a contract;
- Necessary for compliance with a legal obligation or regulatory obligation;
- Necessary for us to realize a justified and legitimate interest considering your privacy and other fundamental rights and interests. This may include:
- ~running an effective operation of the Anchorage Digital services and administering related services,
- ~operating our services,
- ~protecting the security of our systems, detecting or preventing fraud,
- ~marketing, market research and business development,
- ~internal group administrative purposes;
- With your consent.
Where applicable, wherever we rely on the consent legal basis, you may withdraw such consent at any time, without affecting the lawfulness of processing based on consent before such withdrawal.
3. PERSONAL DATA WE COLLECT
Personal Data is data relating to an identified or identifiable Individual. Sensitive Personal Data (or “Sensitive Personal Information”) is data that reveals a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, membership in trade unions, genetic data, biometric data, and data concerning health, sex life or sexual orientation. We collect Personal and Sensitive Personal Data from you in several ways when you use our services as described below. For more information, please see our Online Privacy Notice (available on our Anchorage Digital Privacy Center page).
Directly from Individuals: We collect information when Individuals use our website or mobile application or register with us. We will also collect information when Individuals place an order, subscribe to our marketing activities, respond to a survey, or to report on our Clients’ financial information. This information includes names, email addresses, phone numbers, and other demographic and contact information.
From Third Parties: We collect information from third parties including an Individual’s company and from those who validate identity. Examples of these collection methods include referrals from other Anchorage Digital users, integration of cryptocurrency service providers, and third-party sign-in credentials. (e.g., Google).
From Individuals Passively: We use third party tools to collect information from Individuals when visiting our website and mobile application. Using cookies and other tracking technologies, we will automatically collect:
- unique device identification numbers
- device type
- operating system version
- browser type and version
- pages viewed
- links clicked
- IP address
- date and time of visit
- number of times you return to our website
- geolocation data (GPS-based information)
- motion tracking (e.g., number of steps taken, heart rate)
- Wi-Fi connectivity
For information on how to manage your cookies preferences, please see our Online Privacy Notice (available on our Anchorage Digital Privacy Center page).
Security and Authentication: We collect certain information to protect our users’ information, and to verify an Individual’s identity. This involves collecting biometric data, such as voiceprints, video and photographic footage, geolocation data, and motion tracking information (see above). These are the only type of Sensitive Personal Data we collect, and we will not collect this information without obtaining your consent first.
Combining Information: We combine information received from third parties with information already stored. We will also combine information from an Individual’s profile with information submitted from surveys.
4. HOW WE USE YOUR PERSONAL DATA
We use the Personal Data we have about you for the purpose for which it was collected or provided to us (as stated at the point of collection). Your Personal Data will be used to: provide our services, communicate with you, market and improve our services, conduct surveys, comply with the GDPR and other applicable laws, protect our assets, perform other purposes with your consent, and create de-identified or aggregate information. For more information about how we use your Personal Data, please see our Online Privacy Notice (available on our Anchorage Digital Privacy Center page).
5. PERSONAL DATA RETENTION & STORAGE
Anchorage Digital only keeps or processes Personal Data for as long as necessary to carry out its business and legal purposes. Personal Data is deleted or anonymized when no longer required for the purposes for which it was collected, in accordance with our Record Retention Policy and Media Sanitization Policy. The specific periods for which we keep information about you vary depending on the nature of the information, why we need it, and whether the Personal Data is de-identified. We also consider the minimum necessary retention period prescribed by applicable laws, recommended by industry standards, and stated in contracts and other legal obligations. Additionally, you may request deletion of your Personal Data consistent with Section 7 “Individual Rights” below.
We may be legally required to retain your Personal Data to:
- comply with legal obligations;
- resolve disputes; and
- enforce rights.
Storage: We may use data hosting service providers in the U.S., Portugal, and Singapore to store information we have about you, and we use reasonable technical measures to secure your information.
6. PERSONAL DATA SHARED WITH THIRD PARTIES
We share information we have about you with third parties, service providers, and Anchorage Digital affiliates who assist us with administering our services and advertising on third party platforms. We at times partner with other companies to offer products or services jointly; we may share your Personal Data in order to facilitate that offering. Any third parties that we share your Personal Data with are limited by law and by contract in their ability to use your Personal Data. Anchorage Digital requires third party service providers acting on our behalf or with whom we share your information to provide appropriate security measures in accordance with industry standards and in compliance with this Policy, their privacy and security obligations, and any other appropriate confidentiality and security measures. However, we are not responsible for the privacy and data security practices of third parties outside of Personal Data we receive from or transfer to them. For additional information, please see our Online Privacy Notice (available on our Anchorage Digital Privacy Center page).
7. INDIVIDUAL RIGHTS
Anchorage Digital would like to make sure you are fully aware of all of your data protection rights. Every user in the EEA or UK is entitled to the following: The right to access: You have the right to request copies of your Personal Data from Anchorage Digital. The right to be informed: You have a right to be informed about the collection and use of your Personal Data. The right to rectification: You have the right to request that Anchorage Digital corrects any information you believe is inaccurate. You also have the right to request that we complete any information you believe is incomplete. The right to erasure: You have the right to request that Anchorage Digital erases your Personal Data, under certain circumstances. The right to restrict processing: You have the right to request that Anchorage Digital restricts the processing of your Personal Data, under certain circumstances. The right to object to processing: You have the right to object to Anchorage Digital’s processing of your Personal Data, under certain circumstances. The right to data portability: You have the right to request that Anchorage Digital transfer its data on you to another organization, or directly to you, under certain conditions. The right not to be subject to a decision based solely on automated processing: You have a right not to be subject to a decision when it is based on automated processing and it produces an adverse legal effect (or a similarly significant effect). If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: firstname.lastname@example.org.
8. COOKIES AND OTHER TRACKING TECHNOLOGIES
Cookies are small text files that are stored through the browser on your computer or mobile device. Cookies and other trackers serve a variety of functions; they help you navigate between website pages efficiently and may improve the user experience on a website. Cookies vary in duration (they can be “persistent” or “session-based”), and by whom they are served (“first party” cookies are directly from us; “third party” cookies are from other parties on our behalf).
- Administer our services
- Analyze services usage and trends
- Track how you were referred to our website
- Improve the services functionality
- Perform analytics and marketing integration
- Deliver advertisements and other marketing offers
We will require you to opt in to each type of tracking device (categorized by their purpose) before they collect your Personal Data.
For further information please review Anchorage Digital’s Cookie Notice (available at Section 4 of the Online Privacy Notice, on our Anchorage Digital Privacy Center page).
9. DATA TRANSFER
Anchorage Digital is a company based in the United States (U.S.). We use data hosting service providers in the U.S. to host the information we collect from or about you. When we transfer your Personal Data outside of the EEA or the UK, we will do so in accordance with the GDPR using a valid cross-border transfer mechanism. To the extent required by applicable law, we will protect the cross-border transfer of your Personal Data through the use of applicable legal adequacy mechanisms. We generally use approved Standard Contractual Clauses to ensure the Personal Data is adequately protected when it is transferred outside the EEA or the UK to countries without an adequate level of data protection.
Please contact us via email at email@example.com if you would like more information about cross-border transfers or to obtain a copy of the Standard Contractual Clauses. We also transfer your Personal Data to third parties as described above in Section 6, “Personal Data Shared with Third Parties”.
10. PRIVACY POLICIES OF OTHER WEBSITES
The Anchorage Digital website and mobile application contain links to other websites. Our privacy notice applies only to our website and mobile application, so if you click on a link to another website, you should review their privacy notice.
11. CHANGES TO THIS NOTICE
We may change or update this Online Notice in the future. When we do, we will post the revised version on our website. This notice was last updated and became effective on the date posted at the top of this page.
12. CONTACTING SUPERVISORY AUTHORITY
Should you wish to report a complaint or if you feel that Anchorage Digital has not addressed your concerns to your satisfaction or you have other concerns regarding our processing of your Personal Data, you may contact our EU supervisory authority, the Comissão Nacional de Protecção de Dados (“CNPD”).
Email: firstname.lastname@example.org Address: CNPD - Comissão Nacional de Protecção de Dados Av. D. Carlos I, 134, 1º 1200-651 Lisboa
13. CONTACT US
If you have any questions about this policy or our privacy practices please contact us. You can write to us at email@example.com.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Anchorage Digital agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes arising out of or relating to your use of the Site, including claims that may arise after the termination of these Terms or agreement to arbitrate.
By agreeing to these Terms, you agree to resolve any and all disputes with Anchorage Digital as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Anchorage Digital’s Legal Department at firstname.lastname@example.org. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Anchorage Digital Legal Department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Anchorage Digital will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in San Francisco, California, United States of America. You and Anchorage Digital further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ANCHORAGE DIGITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to email@example.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Site or the effective date of the first set of Terms containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Anchorage Digital also will not be bound by them.
Changes to This Section: Anchorage Digital will provide thirty (30) days' notice of any changes to this section by posting on the Site, sending you a message, or otherwise notifying you directly. Amendments will become effective thirty (30) days after they are posted on the Site or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Site.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of the Site or any account you may have with Anchorage Digital.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. For claims not subject to arbitration, you and Anchorage Digital agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any disputes between you and Anchorage Digital arising out of or relating to these Terms or your use of the Site. We operate the Site from our offices in California, and we make no representation that materials included in the Site are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, Anchorage Digital, or any third-party provider as a result of the Terms or use of the Site.
You are responsible for your use of the Site, and you agree to defend (at Anchorage Digital’s option), indemnify, and hold harmless Anchorage Digital and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (ii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iii) any dispute or issue between you and any third party.
Anchorage Digital reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Anchorage Digital may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Anchorage Digital's prior written consent.
Modification of these Terms
We reserve the right to update or modify the Terms at any time without prior notice, and except as explicitly provided herein, such changes will be effective immediately upon being posted through the Site, except as set forth below. Your use of the Site following any such change constitutes your agreement to be bound by the modified Terms.
Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
If you have questions about these Terms, please contact us at firstname.lastname@example.org.