Privacy & Policy

In our aforementioned confidentiality agreement; The references “our”, “us”, “we” or ‘’Bitfex Limited’’, “Capital Brokers” are a reference to each group company within Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Island, which is the address of our group companies for reasons of context, unless otherwise stated.

 

Similarly, within this privacy policy, the terms "you," "your," "yours," or "yourself" are employed to denote our potential investors, derived from the prevailing context, unless expressly specified otherwise.

 

Upon utilizing any of our communication channels to reach out to us or accessing our website, you confirm that you have perused and comprehended the terms outlined in this notice. You acknowledge your awareness of how we handle any personal data shared with us before your status as an investor.

 

With this policy, you acknowledge that you know how we obtain, store, process, share and manage your personal data/rights throughout our business relationship and after the termination of the customer relationship, including an update after you create your account within Capital Brokers.

 

About us

This privacy policy applies to the processing activities of data controller entities within the Bitfex Limited group of companies at the following address:

 

Capital Brokers, Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Island

 

Collection and Storage of Personal Information

The personal information requested from our investors and potential investors serving within our company is as follows:

What type of personal information do we collect and store?

As part of our business, we collect personal data from customers and potential customers, including:

- Name, surname and contact information

  - Date of birth and gender information.

  - Information on income and wealth, including details of assets and liabilities, account balances, transaction postings, tax and financial statements.

  - Occupation and employment details.

  - Location data.

  - Data and experience in trading risk tolerance and risk profile.

  - Data regarding IP address, device characteristics and trading experience.

  - Bank account, e-wallet and credit card information.

   - Your visits to the Capital Brokers site or Capital Brokers applications; various details including traffic data, location data, web logs and other communication data.

 

Cookies

  We use cookies to collect and store information about your use of the Capital Brokers site.

Cookies are small text files stored by the browser on your device's hard drive, and when you enter the Capital Brokers site, they send back data that must be reloaded on our web server.

These cookies allow us to adjust your personal settings and load your personal preferences to improve your experience.

  You can learn more about our cookies in the "Our Cookies Policy" section on the Capital Brokers website.

In addition, we keep records of your business transactions, including:

 

   Products you trade with Capital Brokers company

  Historical data about your investments

  Your choices for specific products and services

If you are an institutional investor; You must share with us additional information such as company addresses, shareholders, managers, officers, including additional personal information about shareholders and directors.

We have the right to request additional information deemed necessary to comply with our legal and regulatory requirements.

The data in question; We obtain information through various means using our services, websites, account opening applications, demo registration forms, webinar registration forms, website cookies and similar tracking technologies incorporated into our websites and applications.

News changes and information provided during our updates; We also have the right to access data about our investors through third-party marketing lists, publicly available sources, social media platforms, brokers and affiliates, bankers and credit card processors, subscription-based intelligence databases purchased from third parties, and other third parties.

We may request personal data other than these at certain intervals at our own discretion. (for example, through market research, surveys or special offers).

If you do not wish to provide information that would enable us to fulfill your request for a particular product or service, we may not be able to provide you with the requested product or service.

We may record any communications we have, whether electronically or by telephone, relating to the services we provide to you and our relationship with you.

The aforementioned records will be the sole property of our company and will provide evidence of communication between the company and the investor.

Such telephone conversations can be recorded without an alert tone or other warning. In addition, please note that if you visit any location in our offices or facilities, we may have CCTVs that will record your picture.

With Whom Can Your Personal Data Be Shared?

As part of using your personal information for the purposes set out above, we may disclose your information to:

- Companies providing financial and other services within the Capital Brokers group.

- Third-party application providers when using applications, communication systems and trading platforms of the Capital Brokers company used by third parties.

  - Service providers and expert consultants who work under contract to provide administrative, IT, analytics and online marketing optimization, financial, regulatory, compliance, insurance, research or other services.

  - Persons who provide promotional services to brokers with whom we have mutual relations and their related organizations.

- Payment service providers and banks that process your transactions.

- Auditors, consultants or contractors who audit any of our business purposes.

  - Agreements made with lawfully authorized courts and relevant regulatory authorities, government agencies responding to other legal regulatory requests and law enforcement agencies where required by law.

  - Any third party to whom such disclosure is necessary to enforce or enforce our Terms of Service and other related agreements.

  - Anyone authorized by you.

We endeavor to disclose to these third parties only the minimum personal data necessary for them to fulfill their contractual obligations. Our third-party service providers are not allowed to share or use the personal data we provide to them for any purpose other than providing services to us.

Our websites or applications may contain links to external third-party websites. However, please note that third-party websites are not covered by this privacy statement and are not subject to our privacy standards and procedures.

You can check the third parties' pages for information about their privacy practices and procedures.

 

When and How Do We Get Your Approval?

We may process your personal information on behalf of one or more legal proceedings in connection with the reasons and purposes determined by our company. Situations referred to as legal basis are as follows:

- Fulfilling contractual responsibilities towards the investor

  - Comply with legal and regulatory requirements

  - To pursue our legitimate interests

If one of these three laws needs to be ignored while using our investors' personal information, the investor's consent must be obtained. This permission will be given by the investor freely and with free will.

The investor has the right to withdraw his/her consent at any time by contacting the company via the Capital Brokers contact information specified in this privacy policy.

 

Management of Personal Data

As Capital Brokers; We are committed to protecting personal data transmitted, stored or otherwise processed. We will implement and maintain appropriate technical and organizational measures to ensure the level of security required to protect personal data provided to us from access and to protect against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, etc.

We have appointed a “Data Protection Officer” to ensure that the management of personal information complies with this privacy notice and relevant legislation. We undertake to respect the right to privacy of persons outside Capital Brokers who accept the confidentiality of this information, handle or receive personal information, and comply with all relevant data protection laws and these privacy notices.

The data protection measures we implement are:

  Our employees who handle personal information are trained in security measures that require them to use two-factor authentication along with a password when accessing investor information and our system. In these security measures, Chinese walls are implemented and our employees can only access personal data that is necessary for the task they perform.

  Data encryption technologies are used during data transfer in internet transactions.

  Client access codes transferred between networks using firewalls, intrusion detection systems and virus scanning tools are used against unauthorized persons and viruses entering our system.

  When sending electronic data for outsourcing purposes; A clean desk policy is implemented at all facilities that provide secure storage for physical records maintained corporately by us and all our associated entities, using private secure networks or encryption.

  Physical and electronic means such as access cards, cameras and guards are used to protect against unauthorized access.

Storage Period of Personal Information

We hold personal data in a combination of secure computer storage facilities and paper-based files and other records. Where we believe that personal data is no longer necessary, we will remove any details that identify the investor or securely destroy the records. In addition, we may be required to retain records for a significant period of time. For example, we are subject to investment services and money laundering laws that require us to keep copies and evidence of actions taken from our company regarding identity verification, sources of income, tracking of transactions, telephone, chat. Email communications, orders and trade history; By addressing your complaints and records, we can demonstrate that we comply with regulatory codes of conduct throughout the business relationship. These records must be retained for five years after our business relationship with you ends, or longer if requested by our regulators. When you opt out of receiving marketing communications, we will keep your information on our suppression list because we know you do not want to receive these communications. The data we collect from you may be transferred to and stored at a location outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or affiliates. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. When we transfer your data to other third parties outside the EEA, we may in some cases rely on applicable standard contractual clauses, binding corporate rules, the EU-US Privacy Shield or other equivalent regulations. If you would like a copy of such regulations please contact us using the contact details below.

Investor Rights

Although not valid in all circumstances, investors' rights are as follows:

- Requesting access to personal data (commonly known as “Data subject access request”)

  - Request correction of personal data we hold about you

  - Request deletion of personal data. However, we may not always comply with your erasure request for specific legal reasons, which will be notified to you upon your request.

- You can notify us, within the scope of your fundamental rights and freedoms, of situations where you feel uncomfortable or think that it will affect you regarding the processing of your personal data on grounds where we have a legitimate interest (or that of a third party).

- You also have the right to object where we process your personal data for direct marketing purposes. In some cases we may demonstrate that we have legitimate grounds to process your information which override your rights and freedoms.

  - To request restriction of the processing of your personal data.

This enables you to request that we suspend the processing of your personal data in the following scenarios:

 - When you want us to determine the accuracy of the data

 - In cases where the use of the data is unlawful but you do not want us to delete it; You can decide where you want to keep the data without us having to keep it, unless you need it to establish, exercise or defend legal claims.

 - When you object to our use of your data. However, we need to verify whether it overrides the legal reasons to use it.

  - To request the transfer of your personal data to you or a third party. We will provide you, or a third party of your choosing, with your personal data in a structured, commonly used, machine-readable format.

  - You should note that this right only applies to automated information (not, for example, hard copies) that you have consented to be used for you or that we use to perform a contract with you.

  - Withdraw your consent to process your personal information at any time.

Investor Complaints and Requests

We try to respond to all requests within 1 (one) month. If the investor's request is complex or large, our response time may take longer than 1 (one) month. In this case, we will inform our investor within 1 (one) month of receiving the request and keep it updated. We may charge a reasonable fee when a request is clearly unfounded, excessive or repetitive, or when we receive a request to provide more copies of the same data. In this case, we will send the investor a fee request, which he must accept before processing his request. Alternatively, we may refuse to comply with the investor's request in these cases.