Last updated 10 May 2019
Thank you for visiting https://www.ethfinex.com/ (“Site”). The Site is owned and operated by Ethfinex Inc. (together "Ethfinex", "we", "our", or "us", means iFinex Inc., BFXWW Inc., BFXNA Inc., and Unus Sed Leo Limited).
The data controller of your Personal Information is EthFinex Inc., a company which is registered in the BVI under company number 1 949 894 and using EU point of contact Chaucer Group Limited whose registered office is at 10 Lower Thames, London, EC3R 6EN.
If you purchase a LEO token on the Site or if a LEO token is repurchased on the Site, the data controller of your data is:
- Unus Sed Leo Limited, a company which is registered in the BVI under company number 2102097 and using EU point of contact Chaucer Group Limited whose registered office is at 10 Lower Thames, London, EC3R 6EN.
3.Legal bases on which we process your Personal Information
1.What information do we collect?
- 1.1.Information you give us. This is information about you that you give us by:
The Personal Information most often collected and maintained in a customer file includes customer identification, transaction history including records of payments made.
- registering for an Ethfinex account;
- registering to participate in a token sale;
- using the Support Centre on the Site; or
- corresponding with us by phone, e-mail or otherwise.
- purchasing LEO tokens or LEO tokens being repurchased on the Site.
- 1.2.Information we collect about you. Each time you use the Services, we may automatically collect the following information, which may be considered to be Personal Information when combined with other information about you:
- technical information, including the Internet protocol (IP) address used to connect your computer or other device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
- information about your visit, including the dates and times you use the Site length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call the contact phone number provided on our Site
Similar to other websites, our Sites utilize browser cookies (small text files stored on a user’s web browser when you visit a website), web beacons and similar tracking technologies (collectively, “Cookies”) to collect and store certain information when you use, access, or interact with our services. Please refer to our cookies policy for more details which can be found at https://www.ethfinex.com/legal/cookies_policy
Special categories of data.
We do not collect any special categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
Information we may collect from third party sources
We may receive information about you from other sources, including third parties that help us update, expand, and analyze our records; prevent or detect fraud; process payments; or analyze your use of our Services. Our Services may also include integrated content or links to content provided by third parties (such as live chat, social media content, plug-ins and applications). Additional third parties may include our affiliated entities.
- 1.3.Information we collect about you. In order for us to verify your identity we may collect copies of the following Personal Information: photo identification documents such as a passport or driving license; bank statements; documents which show your residential address such as a utility or service company statement.
2.Purposes for which we collect your Personal Information.
If you wish to transact on and use the Site or use the Services, Ethfinex will collect information about you for the purposes set out below.
Information you provide to us may be used to:
- 2.1.establish and maintain a responsible commercial relationship with you;
- 2.2.understand your needs and your eligibility for products and services;
- 2.3.inform you about trading and financing features;
- 2.4.provide information to you about developments and new products, including changes and enhancements to the Site;
- 2.5.develop, enhance, and market products and services, and provide products and services to you;
- 2.6.process billing and collection of any fees;
- 2.7.conduct surveys and get feedback from you;
- 2.8.deliver products and services to you;
- 2.9.provide you with news and other matters of general interest to you as an Ethfinex customer; and,
- 2.10as we believe reasonably necessary, advisable or appropriate to comply with our legal or regulatory obligations and to respond to legal, regulatory, arbitration or government process or requests for information issued by government authorities or other third parties or to protect your, our, or others’ rights; and
- 2.11when you purchase LEO tokens we may also use the information we collect to process your payment for those tokens, to respond to your enquiries or to any problems that may arise (such as difficulties in purchasing LEO tokens).
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us.
Information we collect about you.
Ethfinex uses IP addresses to analyze trends, administer the Site, track customer movements, and gather broad demographic information for aggregate use. For systems administration and detecting usage patterns and troubleshooting purposes, Ethfinex’s web servers also automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Ethfinex on a need-to-know basis. Ethfinex reserves the right to block access for any customer accessing the Site via a proxy service intending to conceal originating identity. This includes access via the Tor anonymity network.
4.Security and confidentiality.
- 3.1.We will process your Personal Information on the following grounds:
(We ensure that we balance any potential impact on you and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.)
- where it is necessary for us to perform pursuant to our contract with you or in your interests; and/or
- where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interests mean the interests of our organization to conduct and manage our business to enable us to better serve you and provide you with a secure experience on the Site; and/or
as may be required to comply with any legal or regulatory obligations that may apply to us, for instance under anti-money laundering and sanctions regimes.
- 4.1.Ethfinex is committed to protecting your privacy. Internally, only people with a business need to know Personal Information, or whose duties reasonably require access to it, are granted access to customers’ Personal Information. Such individuals will only process your Personal Information on our instructions and are subject to a duty of confidentiality.
- 4.2.The Site’s systems and data are reviewed periodically to ensure that you are getting a quality service and that leading security features are in place. We have put in place procedures to deal with any actual or suspected data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- 5.1.You agree that we have the right to share your Personal Information with:
- Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries including their respective contractors, affiliates, employees or representatives.
- Our service providers, to the extent necessary to supply the Services to you;
- Token issuers in the event you elect to contribute to their token;
- Selected third parties, including identity verification sites and analytics and search engine providers that assist us in the improvement and optimization of the Services.
- Authorities and law enforcement agencies worldwide either when ordered to do so or on a voluntary basis if this appears reasonable and necessary to us (please refer to our Law Enforcement Requests Policy).
- 5.2.We will also disclose your Personal Information to third parties:
- If Ethfinex or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of us, our clients, or others.
Ethfinex reserves the right to share current and historical bids, asks, and market prices; opening and closing range prices; high–low prices; trade prices; estimated and actual trade volumes; settlement prices; and other aggregate data and information related to the digital tokens traded on the Site, including LEO tokens.
- 6.1.Your Personal Information will be stored in Ireland and/or Switzerland and may be transferred worldwide.
- 6.2.Personal Information and other data may therefore be exported outside of the jurisdiction in which you reside. Your Personal Information may be processed and stored in a foreign country or countries. Under those circumstances, the governments, courts, law enforcement, or regulatory agencies of that country or those countries may be able to obtain access to your Personal Information through foreign laws. You need to be aware that the privacy standards of those countries may be lower than those of the jurisdiction in which you reside.
- 6.3.Unfortunately, the transmission of information via the Internet is not completely secure. While we do our utmost to protect your Personal Information, we cannot guarantee the security of your data transmitted to us over the email or through the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
EEA customers only
- 7.1.You may access and verify your Personal Information held by Ethfinex by submitting a written request to: Ethfinex c/o Chaucer Group, 10 Lower Thames St, London EC3R 6EN, United Kingdom.
If you no longer wish to receive marketing communications from us, you can also let us know via through the methods stated below. The electronic marketing communications we send to you also contain opt-out mechanisms that allow you to opt-out from receiving those communications, update your contact information or change your preferences at any time. We will honor your choice and refrain from sending you such announcements. You may also opt back in to receive those communications at any time.
8.Other Sites and protecting your Personal Information.
- 7.3.You have a number of rights in relation to how we process your Personal Information. These include the right to:
You may exercise these rights by contacting our EEA Representative (see details above).
- access the Personal Information that we may hold about you;
- rectify any inaccurate Personal Information that we may hold about you;
- have your Personal Information erased in certain circumstances, for example, where it is no longer necessary for us to process your Personal Information to fulfill our processing purposes; or where you have exercised your right to object to the processing;
- restrict the processing of your Personal Information where, for example, the information is inaccurate or it is no longer necessary for us to process such information or where you have exercised your right to object to our processing;
- object to the processing of your Personal Information which may be exercised in certain circumstances, for example, where we are processing your Personal Information for direct marketing purposes, or where your own legitimate interests outweigh ours; and
- have your data ported to a new service provider if you no longer wish to use the Services.
No fee usually required.
You will not have to pay a fee to access your Personal Information or to exercise any of your other rights. We may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may 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 Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information 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 one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
It is your responsibility to review the privacy statements, policies, terms, and conditions of any person or company to whom you choose to link or with whom you choose to contract. Ethfinex is not responsible for the privacy statements, policies, terms, conditions, or other content of any Site not owned or managed by Ethfinex.
- 8.2.Ethfinex takes all reasonable endeavours to protect and safeguard Personal Information, but there are protective measures you should take, as well. Do not share your Personal Information with others unless you clearly understand the purpose of their request for it and you know with whom you are dealing. Do not keep sensitive Personal Information in your e-mail inbox or on Webmail. If you are asked to assign passwords to connect you to your Personal Information, you should use a secure password and always use two-factor authentication (2FA), where available. You should change your password regularly.
EEA customers only
We may also be contacted at 17F-1, No. 266, Sec. 1, Wenhua Road, Banqiao Dist., New Taipei City, Taiwan (Republic of China).
12.Data subjects under eighteen
- 10.2.Should you have any concerns about how we handle your Personal Information, please contact us in the first instance. We will do our best to resolve your concern. Alternatively, you may prefer to submit a complaint directly to the national supervisory authority within your jurisdiction, details of which can be found online.
Our business is not directed at anybody under the age of eighteen, and we will never knowingly collect personal information from individuals under the age of eighteen.
Persons under the age of eighteen are not permitted to purchase LEO tokens.