Privacy Policy

Created: September 2020 

We ask that you please read this Privacy Policy before providing us with any information about you or any other person. If you do not agree to this Privacy Policy and any revisions that may be made to it, you should discontinue your use of this Site and our Services. 

1. Who We Are and Important Information 

Welcome to Hamilton Privacy Policy.

Hamilton Capital Holding Ltd. and its affiliates (hereinafter, “the Company”, “we”, “us” or “our”) are committed to protecting and respecting your privacy. In addition, we are subject to the Privacy Act 1988 and the National Privacy Principles which form part of that Act.

Purpose of this Privacy Notice 

This Privacy Policy (together with our Terms and Services) govern our collection, processing and use of your Personal Information. This Privacy Policy supplements other Privacy Notices and is not intended to override them. As a best practice approach, we usually explain through understandable and common means the terms and conditions of our Services, renewals, promotions or surveys, please read them carefully before submitting your personal data

This Privacy Policy aims to give you information on how we will collect, use, store and transfer your personal data when you visit our Site, or through your use of the Services and any data you may provide when you register for or use the Services, sign up for alerts or newsletters, contact us with a question or request for help and/or participate in any renewals, promotions or surveys.

2. The Data We Collect About You 

“Personal Information” is information which identifies you personally or by which your identity can reasonably be ascertained. This may include your name, address, e-mail address, and other contact details. It does not include data where the identity has been removed (anonymous data). 

 If you are an EU resident, please refer to the relevant sections below. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

1. Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender, a visual image of your face, selfie or similar, tax identification number, national identity cards, passports or other form of identification documents including proof of address documents such as a utility bill or bank statement.
2. Contact Data includes billing address, delivery address, home address, work address, email address and telephone numbers.
3. Financial Data includes bank account and payment card details.
4. Transaction Data includes details about payments to and from you and other details of any transactions you enter into using products and services you have purchased from us.
5. Investment Data includes information about your investment objectives, investment experience and prior investments.
6. Technical Data includes internet protocol (IP) addresses, your login data, browser type and version, time zone setting and location data, browser plug-in types and versions, operating system and platform, and other technology or information stored on the devices you allow us access to when you visit the Site or use the Services, such as friends lists or other digital content. This may also include your address on blockchain networks (including blockchain identifiers and public keys) or associated technologies.
7. Profile Data includes your username and password, requests by you for products or services, your interests, preferences, feedback and survey responses.
8. Usage Data includes information about how you use our Site, App, products and services.
9. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

As explained above under Identity Data, we will also collect a visual image of your face which we will use, in conjunction with our subcontractors (as described in paragraph 5), to check your identity for onboarding purposes. We will only ask for this type of data if it is necessary to provide you with the Services. When we ask to collect a visual image of your face you will be asked for your specific consent. You can refuse to provide this but it means that we will be unable to register you and provide you with the Services. 

We may also ask you to prove ownership or control of a particular blockchain address. We are required to ask for this information to comply with anti-money laundering and counter-financing of terrorism requirements, and to ensure we safeguard against and report any suspicious activity. In addition, the DPL also treats certain other categories of personal information as sensitive and accordingly such sensitive data warrants extra protection. Sensitive data (a.k.a. Special Categories data) includes details about your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning your sex life or sexual orientation, as well as details of criminal records or any proceedings for any offence committed or alleged to have been committed, including the disposal of any such proceedings or any sentence of a court in The United Kingdom or elsewhere. We will only collect, use, store and transfer your sensitive data, if we are able to satisfy both the LAWFUL BASIS, as well as at least one of the following additional conditions:

1. Consent : you have given consent to the processing of your sensitive data;
2. Information made public by yourself : the information contained in the sensitive data has been made public as a result of steps you have taken;
3. Legal proceedings : the processing:
   1. is necessary for the purpose of, or in connection with, any legal proceedings;
   2. is necessary for the purpose of obtaining legal advice; or
   3. is otherwise necessary for the purposes of establishing, exercising or defending legal rights;
4. Public functions: the processing is necessary for:
   1. the exercise of any functions conferred on any person by or under an enactment.

If you are an EU resident, please refer to the relevant section below for the additional condition applicable to EU residents. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy. If you refuse to provide personal data Where we need to collect personal data by law, or under the terms of a contract we have with you (where the personal data is necessary for the performance of that contract), and you refuse to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How Is Your Personal Data Collected? 

We use different methods to collect data from and about you including through:

1. Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, providing a visual image of yourself via the Service, by email or otherwise. This includes personal data you provide when you:
   1. visit our Site or Applications;
   2. apply for our products or services;
   3. create an account;
   4. subscribe to our service or publications;
   5. make use of any of our Services;
   6. request marketing to be sent to you;
   7. enter a competition, promotion or survey;
   8. give us feedback or contact us.
2. Automated technologies or interactions. As you interact with us via our Site or Applications, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We will also collect Transaction Data and Investment Data. We may also receive Technical Data about you if you visit other websites employing our cookies. Please refer to our main website, where you can access the Cookie Consent banner for more details. 
3. Third parties or publicly available sources. We also obtain information about you from third parties or public available sources (credit reference agencies, fraud and crime prevention agencies, public blockchain). 

4. How We Use Your Personal Data 

We will only use your personal data when the DPL, the EU General Data Protection Regulation (GDPR) (if applicable) or the California Consumer Privacy Act (if applicable) allows us to. Most commonly, we will use your personal data in the following circumstances: 

1. For the provision of the Services.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and individual rights do not override those interests.

Generally, we do not rely on consent as a LAWFUL BASIS for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. See below for further detail on marketing. Purposes for which we will use your personal data We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Promotional offers from us We may use your Identity, Contact, Technical, Transactional, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased from us and you have not opted out of receiving that marketing. Third-party marketing We will get your express opt-in consent before we share your personal data with any third party for direct marketing purposes. Opting out You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you. Further, you can let us know directly that you prefer not to receive any marketing messages by emailing dpo@Hamilton.exchange  Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions. Cookies You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services or Site may become inaccessible or not function properly. For more information about the cookies we use, please refer to our main website, where you can access the Cookie Consent banner for more details. Change of purpose We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you first and we will explain the LAWFUL BASIS which allows us to do so.

5. Disclosures of Your Personal Data 

We may share your personal data with our third party service providers, agents, subcontractors and other associated organisations, our group companies and Affiliates (as described below) in order to complete tasks and provide the Services to you on our behalf. When using third party service providers, they are required 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. We may pass your personal data to the following entities:

1. companies and organisations that assist us in processing, verifying or refunding transactions/orders you make and in providing any of the Services that you have requested;
2. identity verification agencies to undertake required verification checks;
3. fraud or crime prevention agencies to help fight against crimes including fraud, money-laundering and terrorist financing;
4. organisations which assist us with customer service facilities;
5. anyone to whom we lawfully transfer or may transfer our rights and duties under the relevant terms and conditions governing the use of any of the Services;
6. any third party as a result of any restructure, sale or acquisition of our group or any Affiliates, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us; and
7. regulatory and law enforcement authorities, whether they are outside or inside of The United Kingdom, where the law allows or requires us to do so.

6. International Transfers 

We may share your personal data within our group. This will involve transferring your data outside The United Kingdom or the origin of where your data is collected. Many of our external third parties (described in paragraph 5 above) are based outside The United Kingdom so their processing of your personal data will involve an international transfer of your data. Whenever we transfer your personal data out of The United Kingdom, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

1. Where the applicable country or territory is deemed to provide an adequate level of protection for personal data. For the purposes of this requirement, the Ombudsman considers the following countries and territories as ensuring an adequate level of protection: 
   1. Member States of the European Economic Area (that is, the European Union plus Lichtenstein, Norway and Iceland) where Regulation (EU) 2016/679 (the General Data Protection Regulation or “GDPR”) is applicable. The list of applicable countries and territories can be accessed here: https://www.gov.uk/eu-eea ; or 

1. any country or territory in respect of which an adequacy decision has been adopted by the European Commission pursuant to Article 45(3) GDPR or remains in force pursuant to Article 45(9) GDPR. The list of applicable countries and territories can be accessed here: https://ec.europa.eu/info/law/law-topic/dataprotection/international-dimension-data-protection/adequacy-decisions_en

On the basis of our own adequacy assessment regarding the applicable country or territory pursuant to Schedule 1, Part 2(4) of the DPL. This adequacy assessment will involve an assessment of the following elements to determine if the other country or territory is deemed to have an adequate level of protection: 

1. 1. the nature of the personal data (e.g. “Are there sectorial data protection laws that apply?”);
   2. the country or territory of origin of the information contained in the data;
   3. the country or territory of final destination of that information;
   4. the purposes for which and the period during which the personal data is intended to be processed;
   5. the law in force in the country or territory in question;
   6. the international obligations of that country or territory;
   7. any relevant codes of conduct or other rules that are enforceable in that country or territory, whether generally or by arrangement in particular cases; and
   8. any security measures taken in respect of the data in that country or territory.

1. Where the Ombudsman has authorised the international transfer: 
   1. pursuant to Schedule 4(9) of the DPL having taken into consideration the elements described in item 2 above;
   2. required under international cooperation arrangements between intelligence agencies or regulatory agencies, if permitted under an enactment or order issued by the Grand Court; or
   3. made on terms approved by the Ombudsman (e.g. pursuant to data transfer agreements which replicate the rights of the GDPR or are based on or contain standard contractual clauses (as and when they are made available by the Privacy Commissioner.
2. Where the safeguards described in items 1 to three above cannot be satisfied, we are still able to internationally transfer your personal data if one of the following exemptions apply: 
   1. made with your consent;
   2. necessary for the performance of a contract between us, or for pre-contractual steps taken at your request;
   3. necessary for the performance of a contract made in the interests of yourself between us and another person;
   4. necessary for important reasons of substantial public interest;
   5. necessary for the establishment, exercise or defence of legal claims;
   6. necessary to protect the vital interests of the data subject; or
   7. made in regard to public data on a public register, and any conditions subject to which the register is open to inspection are complied with.

If you are an EU resident, please refer to the relevant section below.

7. Data Security 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, damaged or accessed in an unauthorised or unlawful 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 legitimate business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Depending on the nature of the risks presented by the proposed processing of your personal data, we will have in place the following appropriate security measures:

1. organisational measures (including but not limited to staff training and policy development);
2. technical measures (including but not limited to physical protection of data, pseudonymization and encryption); and
3. securing ongoing availability, integrity and accessibility (including but not limited to ensuring appropriate back-ups of personal data are held).

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. If you want to know more about our security practice, please contact us.

8. Storage Limitation 

How long will you use my personal data for? The DPL does not dictate how long any personal data is required to be kept. To determine the appropriate retention period for personal data, we will 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, regulatory, tax, accounting or other requirements. If we determine that we no longer need your personal data to fulfil the purposes we collected it for, we will either erase (delete) it or anonymize it. Here are some exemplary factors which we usually consider when determining how long we need to retain your personal data:

1. in the event of a complaint;
2. if we reasonably believe there is a prospect of litigation in respect to our relationship with you or if we consider that we need to keep information to defend possible future legal claims;
3. to comply with any applicable legal and/or regulatory requirements with respect to certain types of personal data (e.g. information needed for audit purposes etc); or
4. in accordance with relevant industry standards or guidelines.

Please bear in mind that the right to deletion/erasure of your personal data is not absolute which means that in some circumstances, you can ask us to delete your data: see your Legal Rights (in paragraph 9 below) for further information. However, when interacting with any blockchain, we may not be able to ensure that your personal data is deleted. This is because blockchains are public decentralised networks and blockchain technology does not generally allow for data to be deleted and your right to erasure may not be able to be fully enforced. In these circumstances, we will only be able to ensure that all personal data that is held by us is permanently deleted.

9. Your Legal Rights 

Under certain circumstances, you have rights under the data protection laws in relation to your personal data:

1. Right to be informed
2. Request access to your personal data.
3. Request correction of your personal data.
4. Request erasure of your personal data.
5. Object to the processing of your personal data.
6. Right to stop direct marketing.
7. Rights in relation to automated decision making.
8. Request restriction/stop of processing your personal data.
9. Request transfer of your personal data.
10. Right to withdraw consent.
11. Right to complain/seek compensation

If you wish to exercise any of the rights set out above, please contact us. 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 manifestly unfounded or excessive. Alternatively, we could 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. Time limit to respond We try to respond to all legitimate requests within 30 days. Occasionally, it could take us longer than 30 days if your request is particularly complex or you have made a number of requests, also if more time is required to consult with a third party or other data controller (if needed) before we can reply to your request; In this case, we will notify you and keep you updated. As per the Guidance of the Privacy Commissioner, for some requests the period for us to reply is 21 days:

1. request based on the right to stop or restrict processing,
2. request based on the rights in relation to automated decision making.

The said period could be expanded on the same conditions as described in the first paragraph. The 21 days period is not applicable to EU residents, please refer to the relevant sections below.

10. EU Residents 

As an EU Resident the EU General Data Protection Regulation (GDPR) applies to you. In some sections throughout this Privacy Policy we encourage you to check this content as it provides you with certain specificities, please read it carefully. What is personal data Personal data, or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). More information could be found here: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-personal-data_en

 Additional condition for processing of special categories of personal data Processing of your personal data is necessary for reasons of substantial public interest, on the basis of EU or EU Member State law. We are subject to the EU 5 Anti-Money Laundering Directives and the relevant EU Member States’ laws implementing them which require us to process for instance information from your ID documents including a photographic picture of you. See also row iv. in the table which describes the purposes for which we will use your personal data Period for replying to a legitimate request the statutory period under GDPR for us to reply to a legitimate request is one month. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. Lodging a complaint with a data protection authority If you are an EU resident you can also lodge a complaint with your local data protection authority. A detailed list is available here: https://edpb.europa.eu/about-edpb/board/members_en

 We would, however, appreciate the chance to deal with your concerns before you approach the relevant authority, so please feel free to contact us in the first instance. Retention period Under the EU Anti-Money Laundering legislation (Anti-Money Laundering Directives 4 and 5) we are obliged to retain your personal data for a period of 5 years after the end of the relationship between us as a company and you as a customer. International Transfers The delivery of our Services sometimes involves the transfer of your personal information out of EU countries. Laws in these countries may differ from the laws applicable to your country of residence. Where we transfer, store and process your data outside of the EU we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EU country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). Further information on these EU Model Clauses (a.k.a Standard Contractual Clauses) and the rights they provide to data subjects can be found on the European Commission website. Please contact us if you require further information on the specific mechanism used by us when transferring your personal data outside of the EU.

Your Legal Rights

 You have the right to request information in relation to the collection and use of your personal data. This enables you to be informed at all times about who we are and the purposes for processing your personal data. 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. If a valid erasure request is received, we will take steps to ensure erasure from back-up systems as well as live systems. You will be informed after your personal data has been erased. Object to processing of your personal data (in whole or in relation to certain purposes or in certain manners) 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 individual rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

 Request to stop direct marketing of your personal data. Where we are processing your personal data for direct marketing purposes, you have the right to notify us in writing requesting that we cease or do not begin processing your personal data for direct marketing purposes. Right to require that decisions be reconsidered if the decision is made solely by automated means (without human involvement). You will be notified when decisions are made solely on an automated basis. 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:

1. If you want us to establish the data’s accuracy.
2. Where our use of the data is unlawful but you do not want us to erase it.
3. 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.
4. 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 (if feasible). 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 at any time where we are relying on consent to process your personal data by contacting us through dpo@hamilton-im.com. 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. The right to complain to the Privacy Commissioner or any relevant authority about any perceived violation and to seek compensation for damages in the courts.