Privacy Policy
Privacy Policy of 1BitPay
LAST REVISED: June 07th, 2023
Introduction
This Privacy Policy constitutes a part of 1BitPay User Agreement ("UA"). The terms used in this Privacy Policy shall have the same meanings as in the UA except as otherwise provided herein. This Privacy Policy explains how 1BitPay and 1BitPay Operators collect, use, process, disclose, share, transfer, and protect personal information obtained through 1BitPay and its partners. 1BitPay (the “Platform”, “we”, “us”, or “our”) respects and protects the privacy of users (“you”, “your” or “Users”). When we ask for certain personal information from users, it is because we are required by applicable laws or government orders to collect such information or it is relevant for our specified purposes.
The Platform will collect, use, disclose and process your personal information, in accordance with this privacy policy (the “Policy”) when you:
access or use our website and mobile applications (the “Applications”) and services; and/or
provide us with your personal information, regardless of the medium through which such personal information is provided.
The Platform recommends that you shall carefully read and understand the entire Policy before using the Applications. Definitions shall have the same meanings as ascribed to them by the 1BitPay UA. In the event of any inconsistent definitions or terminologies in the 1BitPay UA and the Policy, the Policy shall prevail. By visiting 1BitPay, accessing, downloading, using, and signing in to accept any 1BitPay Services (as defined in UA) provided by 1BitPay (as defined in UA), you agree that you have acknowledged, understood and accepted all of the terms and conditions stipulated in this Privacy Policy and to be bounded by this policy in force at that time. Please DO NOT provide any personal information to us if you do not accept the Policy. The Platform reserves the right to update the Policy online from time to time, without notice to you, and the revised Policy will come into effect and supersede the older versions once posted on our Applications. The revised Policy will apply, with immediate effect, to the personal information that you provided to us previously. In particular, if you do not accept the revised Policy, please immediately stop your use of the Applications. Your continued use of our Applications will be regarded as your acceptance of the revised policy.
We will not use your personal information for any purpose not covered in this Privacy Policy or the UA (including any other business rules of 1BitPay) without prior notification to you and your consent. This is the policy to comply with the Personal Data (Privacy) Ordinance, Chapter 486 of the laws of the Government of the Hong Kong Special Administrative Region ("HK"). We also strive to ensure compliance by our staff with the strictest standards of security and confidentiality.
This Privacy Policy has also incorporated elements from the General Data Protection Regulation (GDPR) as we act in accordance with its personal information processing rules within the European Economic Area (EEA). We utilise standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to third countries if required by applicable laws.
1. Information We Collect
When you access or use the Platform or the Applications and related services, we will collect, process and use your personal information, including but not limited to your mobile device information, operation records, transaction records and wallet addresses.
In order to satisfy your needs or requests for specific services, we may also collect personal information including but not limited to your social media account, mobile number, e-mail address etc.
You understand that your fund password on the Applications are not stored or synchronized on the Platform’s servers.
We may also request you provide us with additional personal information to enable your use of specific functions of the Applications. Your refusal to provide us with such requested personal information will be considered as your choice not to use the particular function of the Applications.
We allow the integration of other services and applications with the services provided by the Platform. If you use the integrated third-party service, we may receive and process data from that third party (and share certain data with that third party, including the data mentioned above) to provide the integrated service. The Policy does not apply to third parties processing of information resulting from your use of any third-party integrated services through our services. When using integrated applications and services on the Platform, please review the relevant third parties’ legal documents, including but not limited to their service agreements and privacy policies.
To the extent permitted by applicable laws and regulations, the Platform may collect and use the personal information under the following circumstances without your prior consent or authorization:
information related to national security and national defense;
information related to public security, public health, or significant public interests;
information related to criminal investigation, prosecution, trial and enforcement;
personal Information in the public domain;
personal information collected from legally and publicly disclosed information, such as legitimate news reports, and government information disclosure;
personal information necessary to maintain the security and compliance of the services, such as to detect or to fix the malfunction of products and services; and/or
other circumstances permitted by laws and regulations. We collect information in the following manners:
when you provide us with your personal information for whatever reasons;
when you authorize us to obtain your personal information from a third party;
when you register for a user account on our Applications;
when you contact us or interact with our employees through various communication channels, e.g., through social media platforms, messenger platforms, face-to-face meetings, telephone calls, e-mails, fax and letters;
when you transact with us, contact us or request that we contact you;
when you request to be included in an e-mail or our mailing list; and/or
when we copy all or part of your transaction records on the blockchain. However, you should refer to the blockchain system for your latest transaction records. Please reach out to our team for any matters regarding on-chained data.
Our Applications may contain certain technologies that collect personal information in the manners described in the Policy or the applicable terms and conditions.
Your provision of personal information to us is voluntary and you may withdraw your consent at any time. However, if you choose not to provide us with the personal information we require, it may not be possible for you to use the Applications or for us to contact you, or provide products or services which you need from us.
In certain circumstances, you may also provide us with the personal information of persons other than yourself. If you do so, you warrant and represent to us that you have obtained his/her consent to our collection of his/her personal information and to your disclosure of his/her personal information to us. You agree to indemnify and hold us harmless from and against any and all claims by such individuals relating to our collection, use and disclosure of such personal information in accordance with the terms of the Policy.
You shall ensure that all personal information you provide to us is true, accurate and complete. In the event of any changes to your personal information, you shall inform us of such changes as soon as practicable.
2. How We Use Your Information
We collect, use or disclose your personal information for one or more of the following purposes:
to provide you with the products and/or services that you request for;
to manage your relationship with us;
to facilitate your use of our Applications;
to associate you with your wallet by the unique serial number of your mobile device;
to push important notifications to you, such as Applications update;
to assist with your enquiries, feedback, complaints and requests by using the wallet address and the mobile device information provided by you;
to notify you of our products, services, programmes and events;
to resolve any disputes, investigate any complaint, claim or dispute or any actual or suspected illegal or unlawful conduct;
to conduct our internal audit, data analysis and research;
to conduct user behaviour tracking by tracking the Users’ use of the Applications;
to comply with our obligations in accordance with laws and regulations and to cooperate with regulatory authorities;
to comply with international laws and regulations for securities and to counter money laundering or financing of terrorism;
to perform our obligations and comply with contractual terms and conditions;
to protect our users using IP addresses and cookies to protect against automated abuse such as spam, publishing, and Distributed Denial of Service (DDoS) attacks. We analyse trading activities with the goal of detecting suspicious behaviours as early as possible to prevent potential fraud and loss of funds to bad actors;
to communicate with our marketing partners for the purposes of targeting, modeling, and/or analytics as well as marketing and advertising;
any other reasonable purposes related to the aforesaid. With your consent, we will use your personal information from time to time for other purposes, such as to inform you of the latest events, offers and promotions from our strategic partners or affiliates.
3. How You Control Your Own Information
You have the following control over your personal information in the Applications:
You may import your other wallets into the Applications through synchronization of wallets and you may export your wallets from the Applications to other tokens management wallets. The Applications will display the information of the imported wallets.
You understand that you may change types of tokens, transfer and receive tokens using the “MPC Wallet” column.
You understand that due to the open-source nature of blockchain, your transaction records are public and transparent in the whole blockchain.
Our Applications may contain links to other websites, applications or smart contracts that are not owned, operated, developed or maintained by us. These links are provided for your convenience only. The Policy only applies to our Applications. When using third-party services, you understand that the 1BitPay UA and the Policy will no longer apply. You are recommended to carefully review the privacy policies and terms of service of such third parties.
4. Data Protection rights that you enjoy
We hope to ensure that you are fully aware of the data protection rights that you enjoy. You are entitled to ask us to update, revise, and delete your personal information and/or withdraw any consent provided to us. If you wish to withdraw any consent you have given us at any time or to update, revise, delete or access your personal information held by us, or if you do not accept any amendment to the Policy, please contact us at support@1bitpay.io Unless otherwise required by law or government orders, each User has the following rights:
4.1. Right of Access
You have the right to request access to your personal data in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap.486). Any data access request may be made to our Data Protection Officer by email to support@1bitpay.io We may charge a reasonable fee for providing the access service.
4.2. Right to Rectification
You have the right to correct your personal information that you deem inaccurate. You also have the right to ask us to complete the personal information that you deem incomplete within a reasonable limit.
4.3. Right to Erasure (Right to be Forgotten)
You have the right to request the erasure of your personal data under certain circumstances.
4.4 Right to Restriction of Processing
Under certain circumstances as required by law or as specifically reminded by us, you have the right to request us to restrict the processing of your personal information; however, you understand that such restriction of the processing may prevent us from providing you with some of 1Bitpay Services.
4.5. Right to Object
Under certain circumstances as required by Law or as specifically reminded by us, you have the right to object to the processing of your personal information; however, you understand that such objection to the processing may prevent us from providing you with some of 1BitPay Services.
4.6. Right to Data Portability
Under certain circumstances, as required by Law or as specifically reminded by us, you have the right to request us to transmit the personal information that we collect to another body or directly to you. We may charge a reasonable fee for providing the transmission service.
We may charge you a fee for responding to your request for access to your personal information held by us, or for information about the manners in which we have (or may have) used your personal information in the one-year period preceding your request. If a fee is to be charged, we will inform you of the amount in advance and respond to your request after payment is received. We will endeavour to respond to your request within thirty (30) days, and if that is not possible, we will inform you of the time by which we will respond to you.
We need your personal information under various circumstances to provide you with the products or services that you require. If you do not provide us with the required personal information, or if you withdraw your consent to our use and/or disclosure of your personal information for these purposes, it may not be possible for us to continue providing you with the products and services that you require.
5. Information We may Share or Transfer
We will keep your personal information for business and legal purposes.
We do not sell, trade or otherwise transfer your personal information to third parties without your consent. If you have consented to our disclosure of your personal information to our strategic business partners and associates, we may disclose your personal information to them. They will use your personal information only for the purposes you have consented to.
You agree that we may disclose or share your personal information with third parties such as:
(1) service providers and data processors working on our behalf and providing services to us, such as conducting know-your-clients checks, accounting, data processing or management services, website hosting, maintenance and operation services, e-mail message services, analysis services, handling of payment transactions, marketing etc;
(2) our consultants and professional advisors (such as accountants, lawyers, and auditors).
If we need to transmit your personal information to any country for the purposes set out above, we shall obtain your prior consent and ensure that the recipient of the personal information protects your personal information to the same level as we have committed to protecting your personal information. Where these countries or territories do not have personal data protection laws that are comparable to the laws applicable to our relationship with you, we will enter into legally enforceable agreements with the recipients.
The Platform will not share with or transmit your personal information to any third party without your prior consent, except for the following circumstances:
(1) the collected personal information is publicised by yourself;
(2) the personal information is collected from public information which was legally disclosed, such as legitimate news reports and government information disclosure;
(3) to disclose or implement the Policy in accordance with the applicable laws, regulations, legal proceedings, or requirements by administrative or judiciary authorities to protect our or others’ rights, property or safety;
(4) in the case of mergers and acquisitions, if the transfer of personal information is involved, the Platform may require the recipients of the personal information to be continuously bound by the Policy.
6. Automatic Data Collection Technologies
We use automatic data collection technologies in our Applications. Examples of such technologies include:
(1) Cookies (or browser cookies). Cookies are small text files that are set by a website or application operator so that your browser or device may be recognised. We may use cookies on our Applications to store and track information such as the number of users and their frequency of use, profiles of users and their online preferences. Cookies do not capture information that would identify you, but the information collected may be used to assist us in analysing the use of our Applications and to improve your online experience with us. You can disable the cookies by changing the setting on your browser. However, this may affect the functionality of the Applications. For more information, please visit: www.allaboutcookies.org
(2) Web analytics. Web analytics is the term given to a method for collecting and assessing the behaviour of visitors to websites and mobile applications. This includes the analysis of traffic patterns, e.g., determining the frequency of visits to certain parts of a website or mobile application, or identifying the information and services in which the visitors are most interested in. The web analytics services on our Applications are provided by third-party service providers.
7. How We Protect Your Information
If the Platform ceases operation, the Platform will stop collecting your personal information and take steps to delete or anonymize your personal information held by us within a reasonable period. To protect your personal information, the Platform may adopt data security techniques, improve internal compliance levels, increase security training for our staff, and set security authority for access to relevant data to protect your personal information. We will send you messages about information security through email and update materials concerning the use of wallets and information protection on our Applications from time to time.
1BitPay has kept your personal information safe using fault-tolerant secured storage with industry-standard encryption and implemented a number of security measures to ensure that your information is not lost, abused, or altered, including, but not limited to:
7.1 Physical Measures
Materials containing your personal information (if any) will be stored in a locked place.
7.2 Electronic Measures
Computer data containing your personal information will be stored in the computer systems and storage media that are subject to strict sign-in restrictions.
7.3 Management Measures
Only authorized employees are permitted to come into contact with your personal information and such employees must comply with our internal confidentiality rules for personal data. We have also imposed strict physical access controls to buildings and files.
7.4 Other Measures
Our web server is protected by the “firewall”.
Please note that it is impossible to guarantee 100% security of information. As such, we request that you understand the responsibility to independently take safety precautions to protect your own personal information. You agree that we shall not be liable for any information leakage and other losses not caused by our intention or gross negligence, including but not limited to hacker attack, power interruption, or unavoidable technical failure, to the maximum extent permitted by law.
If you suspect that your personal information has been compromised, especially account and/or password information, please immediately contact 1BitPay at support@1bitpay.io
Unless otherwise stipulated by law or the User Agreement, you agree that we have the right but not the obligation to retain all the collected personal information for the duration of your 1BitPay Account for 7 more years after the account is closed.
8. Data Retention
We will only retain your personal information for as long as is necessary for the purposes described in the Policy unless a longer retention period is required (such as to comply with legal obligations or requirements, or to establish, exercise or defend legal claims, or for legitimate business purposes, or as required by law).
9. Protection for the Minors
The following special provisions apply to minors who are under the age of 18 years: Minors shall not use services by the Platform without guidance from their parents or guardians. Parents and guardians of the minors shall provide guidance to the minors on using the Applications after they read the Policy, 1BitPay User Agreement and our other relevant rules. Our Services do not address anyone under the age of 18. We do not knowingly collect personal identifiable information from users under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please email support@1bitpay.io with the user’s login name and related digital wallet address so that we will be able to do the necessary actions.
10. Disclaimer
You acknowledge that after you use third-party services, the Policy will no longer apply to the collection, use, disclosure and transmission of your personal information by these third parties. The Platform is unable to guarantee that these third parties will implement reasonable security measures to protect your personal information.
You are solely responsible for your use of third-party services and agree that you will not hold the Platform liable for any damages or injuries incurred as a result of the collection, use, disclosure and transmission of your personal information by these third parties.
You acknowledge and accept that, to the maximum extent permitted by applicable laws, the Platform will adopt measures as reasonable as possible to protect your personal information under current techniques on an “as is”, “as available” and “with all faults” basis, to avoid the disclosure, tampering or damage of information. Since the Platform transmits data wirelessly, the Platform makes no guarantee of the privacy and security of wireless internet data transmission.
Despite the implementation of the technical and security measures described in the Policy, the Platform is unable to guarantee the absolute security of data transmission on the Internet. Therefore, the Platform does not provide any guarantee on the security of personal information provided by Users to the Platform, and the Platform does not assume any liability for incidents that occur due to unauthorized access to User's personal information.
11. Miscellaneous
The Policy shall become effective on January 1, 2023. The Platform reserves the right to amend the Policy from time to time and at any time. The Platform notifies the Users of the changes to the Policy by updating and publishing the effective date of the new version. You understand that sometimes the Platform will issue a notice to inform you of the revisions to the Policy, but this is not an obligation of the Platform. You should regularly check the Policy and pay attention to its revisions. If you do not agree with the revised content, you should stop accessing the Platform immediately. When the updated version of the Policy is released, your continued access to the Platform shows and indicates that you consent to the updated content of the Policy and you agree to abide by the updated version of the Policy.
In relation to any issues not covered in the Policy, you shall comply with the announcements and relevant rules as updated by the Platform from time to time.
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