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Crypto.com Custody Privacy Notice

Welcome to Crypto.com Custody Privacy Notice (“Privacy Notice”). Please spend a few minutes to read it carefully before providing us with any information about you or any other person.
Effective Date: 23 Jan 2025

1. Introduction

We respect your privacy, and we are committed to protecting your personal data. This Privacy Notice applies to the processing of personal data by Foris DAX Trust Co. in connection with use of the functionalities made available through the Crypto.com Custody mobile application and website (“Custody”).
Please note that the Custody is not intended for minors below the age of 18 years and we do not knowingly collect data relating to minors.

2. Purpose

This Privacy Notice aims to give you information on why and how we collect and process your personal data.
This Privacy Notice informs you about your privacy rights and how the data protection principles set out in the applicable privacy legislation protect you.
It is important that you read this Privacy Notice so that you are fully aware of why and how we are using your data.

3. Who we are

Data Controller
The controller of your personal data is the legal entity that determines the “means” and the “purposes” of any processing activities that it carries out. This Privacy Notice tells you what to expect when Foris DAX Trust Co. collects personal data about you. Foris DAX Trust Co. is the controller of this personal data, unless this Privacy Notice specifically states otherwise. You may contact us at: 10 Ferry Street, Suite 313, Concord NH 03301, United States.
Data Protection Officer
We have appointed a Data Protection Officer (“DPO”) who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions or complaints related to this Privacy Notice or our privacy practices, or if you want to exercise your legal rights, please contact our DPO at [email protected].
Our duties and your duties in case of changes
We keep our Privacy Notice under regular review. Please check from time to time for new versions of the Privacy Notice. We will also additionally inform you on material changes of this Privacy Notice in a manner which will effectively bring the changes to your attention. It is important that the personal data we hold about you is accurate and up-to-date. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
The Custody may include links to third-party websites, plug-ins and applications (“Third-Party Sites”). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these Third-Party Sites and are not responsible for their privacy statements and policies. When you leave the Custody, we encourage you to read the privacy notice or policy of every Third-Party Site you visit or use.

4. What data we collect about you

Personal data
“Personal data”, or “personal information” means any information that relates to an identified or identifiable living individual. This is a broad definition which includes the specific pieces of personal data which we have described below. It does not include data which cannot be used to identify an individual person, such as a company registration number.
A “data subject” is an individual who can be identified, directly or indirectly, by personal data. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data. It does not include data where the identity has been removed (anonymous data). More information could be found here.
Depending on whether and how you use the Custody, we will collect, use and store different kinds of personal data about you which we have grouped in categories as follows:
Category of Personal Data
Examples of specific pieces of personal data
Identity Data
  • first name,
  • last name.
Contact Data
  • email address.
Transactional Data
  • details about payments to and from you.
Profile Data
  • your identification number as our user.
Technical Data
  • internet connectivity data,
  • internet protocol (IP) address,
  • login data,
  • browser type and version,
  • device type, category and model,
  • application version and SDK version,
  • operating system and platform,
  • diagnostics data such as crash logs and any other data we collect for the purposes of measuring technical diagnostics.
Usage Data
  • information about how you use the Custody, mobile applications and other offerings made available by us, including:
  • interaction type and time,
  • event time, name and source.
If you refuse to provide personal data
Where we need to collect personal data under the terms of a contract we have or are trying to enter with you, and you refuse to provide that data when requested, we may not be able to provide you the functionalities made available through the Custody, but we will notify you if this is the case at the time.

5. How we collect your data

We use different methods to collect information from and about you.
We process your Identity Data, Contact Data and Profile Data when you interact with the Custody (for example when you log in), when you contact us for support or otherwise.
As you interact with the Custody, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this data by using cookies, server logs and other similar technologies. We will also collect Transactional Data and Usage Data.

6. How we use your data

Lawful basis
We will only use your personal data when the applicable legislation allows us to. In other words, we have to ensure that we have a lawful basis for such use.
Most commonly, we will use your personal data in the following circumstances:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
  • performance of a contract: means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract; we use this basis for provision of the functionalities made available through the Custody;
  • legitimate interests: means our interests (or those of a third party), where we make sure we use this basis as far as your interests and individual rights do not override those interests;
  • compliance with a legal obligation: means processing your personal data where we need to comply with a legal obligation we are subject to.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of the ways we 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 for 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.
Purpose and/or activity
Categories of personal data
Lawful basis for processing
    To allow you to log in the Custody through the available authentication service
  • Identity Data
  • Contact Data
  • Performance of a contract
    To provide the features made available through the Custody, including to execute, manage and process any instructions or orders you make
  • Identity Data
  • Contact Data
  • Transactional Data
  • Technical Data
  • Profile Data
  • Performance of a contract
    To prevent abuse of the features made available through the Custody
  • Identity Data
  • Contact Data
  • Transactional Data
  • Technical Data
  • Profile Data
  • Legitimate interests: to protect our business from third-party malicious behavior
    To obey laws and regulations which apply to us and respond to complaints and resolve them
  • Identity Data
  • Contact Data
  • Transactional Data
  • Profile Data
  • Compliance with a legal obligation
  • Legitimate interests: to ensure effective dealing with complaints
    To administer and protect our business and the functionalities made available through the Custody including troubleshooting, data analysis, testing, system maintenance, support, reporting, hosting of data
  • Identity Data
  • Contact Data
  • Technical Data
  • Transactional Data
  • Profile Data
  • Legitimate interests: to run our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise
    To use data analytics to improve the functionalities made available through the Custody
  • Technical Data
  • Legitimate interests: to keep the functionalities made available through the Custody updated
Cookies
We only use strictly necessary cookies which are necessary for the Custody to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for use of the functionalities made available through the Custody, such as logging in. You can set your browser to block or alert you about these cookies, but if you choose to reject them, the Custody may not be accessible to you.
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 and we will explain the legal basis which allows us to do so.
Sale or transfer of business
We may also need to process your data in connection with or during the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving all or a part of our shares, business or assets. This will be based on our legitimate interests in carrying out such transaction, or to meet our legal obligations.

7. Disclosures of your data

We share your personal data with our third-party service providers, agents, subcontractors and other associated organizations, our group companies, and affiliates (as described below) in order to complete tasks and provide the functionalities made available through the Custody 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 may pass your personal data to the following entities:
  • companies and organizations that assist us in providing the functionalities made available through the Custody that you have requested;
  • identity verification service providers;
  • anyone to whom we lawfully transfer or may transfer our rights and duties under the relevant terms and conditions governing the functionalities made available through the Custody;
  • any third party because 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
  • regulatory and law enforcement authorities, where the law allows or requires us to do so.

8. International transfers

We share your personal data with companies within our group and external third parties.
Please contact us if you want further information on the details related to transferring your personal data out of Hong Kong.

9. Data security

While there is an inherent risk in any data being shared over the internet, 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:
  • organizational measures (including but not limited to staff training and policy development);
  • technical measures (including but not limited to physical protection of data, pseudonymization and encryption); and
  • 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 relevant regulator of a breach where we are legally required to do so.

10. Data retention

To determine the appropriate retention period for personal data, we 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.
Here are some exemplary factors which we usually consider when determining how long we need to retain your personal data:
  • in the event of a complaint;
  • 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 (e.g. email addresses and content, chats, letters) will be kept in accordance with the statutory limitation period applicable following the end of our relationship;
  • to comply with any applicable legal and/or regulatory requirements with respect to certain types of personal data: if information is needed for audit purposes and so forth;
  • in accordance with relevant industry standards or guidelines.
Please note that under certain condition(s), you can ask us to delete your data: see your legal rights below for further information. We will honor your deletion request ONLY if the condition(s) is met.

11. Your legal rights

You have rights we need to make you aware of. The rights available to you depend on our reason for processing your personal data. If you need more detailed information or wish to exercise any of the rights set out below, please contact us.
You may:
  • request access to your personal data, which enables you to obtain confirmation of whether we are processing your personal data, to receive a copy of the personal data we hold about you and information regarding how your personal data is being used by us;
  • request rectification of your personal data by asking us to rectify information you think is inaccurate and to complete information you think is incomplete, though we may need to verify the accuracy of the new data you provide to us;
  • request erasure of your personal data by asking us to delete or remove personal data we hold about you; 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;
  • object to the processing of your personal data, 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 fundamental 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; you also have the right to object where we are processing your personal data for direct marketing purposes;
  • request restriction of processing your personal data, which enables you to ask us to suspend the processing of your personal data, if you want us to establish the data accuracy; where our use of the data is unlawful, but you do not want us to erase it; 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, or if 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, and we will provide to you, or a third party you have chosen (where technically feasible), your personal data in a structured, commonly used, machine-readable format; 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;
  • complain to any relevant authority about any perceived violation and to seek compensation for damages in the courts.
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.
Period for replying to a legitimate request
We shall reply to a legitimate request within the legally prescribed period according to the applicable legislation.
Please note that we may request that you provide some details necessary to verify your identity when you request to exercise a legal right regarding your personal data.
12. USA Patriot Act
To help the government fight the funding of terrorism and money laundering activities, the USA Patriot Act, a US Federal law, requires all financial institutions to obtain, verify, and record information that identifies each person and each legal entity that opens an account. What this means for you: When you or your firm open an account, we will ask for some basic information that will allow us to identify you.
If you are opening an account on behalf of a business entity, documents relating to its formation, existence and authority may also be requested.