XMANNA – Privacy Policy
Last Updated: 13/05/2021.
1. Introduction
XMANNA Software Technologies Inc., including its subsidiaries and affiliates ("XMANNA", "us", "we", "our"), is committed to protecting the privacy of its Users. We have published this Privacy Policy ("Policy") to outline our practices with respect to collecting, using, and disclosing your information when you use our Platform. We encourage you to read this Policy carefully and use it to make informed decisions.
This Policy applies to the information we collect from anyone who interacts, accesses or uses our Platform. Unless otherwise defined herein, all capitalized terms shall have the meaning ascribed to them in the End User License Agreement.
2. Third party sites
Our Platform may be connected by “hyperlinks” to other third-party’s sites. We are not responsible in any way for the privacy practices on other third-party’s sites and advise you to review the privacy policies on those linked sites before using them.
3. What types of data we collect?
We collect two types of data from you: Personal Data ("Personal Data") and non-Personal Data. Personal Data means any information which may potentially allow your identification with reasonable means (for example, your name or email address). By contrast, Non-Personal Data can be defined as any information that does not relate to an identified or identifiable natural person. This may include, for example, aggregated usage information and technical information transmitted by your device (for example, the device you use, the type of browser and operating system your device uses, language preference, access time, etc.). This section sets out how and when we collect those types of data from you.
3.1. Identification information
When you set up an account on our Platform, we collect the Personal Data you provided with us. This includes, for example, your name, date of birth, nationality, and email and email address. If you register through a social media network (for example, if you log in via Facebook or Google+), we may also receive certain details, such as your profile name, profile photo, and other social account details.
3.2. Communication information
When you send us an email or contact us via our "Contact Us" page (for example, for customer support), we collect the Personal Data you provided us with. This includes your name, email address, and any other information you chose to provide with us.
3.3. Usage information
When you visit our Website, we use tracking technologies—such as cookies, JavaScript, beacons, and Local Storage (collectively: "Tracking Technologies")—to temporarily store data about your use of our Platform. This includes, for example, geo-location data, length of time spent on the Website, pages clicked on etc. This allows us to recognize you when you visit our Platform and offer you, for example, tailored content and advertisements that better correspond with your interests. Our Cookies Policy discusses our use of tracking technologies in greater details.
When you visits our App, we collect information about how you use the App, such as the features you use and the time spent on the App. We also collect information from your device(s) or from the app store through which you downloaded the App. For example, we may collect information about the device(s) you use to access the App (for example, device type, model and manufacturer, mobile device operating system brand and model, preferred language).
3.4. Regulatory-required information
To comply the applicable regulation—primarily in the fields of Anti-Money Laundering ("AML") and Counter-Terrorist Financing ("CTF")—XMANNA might be required to collect Personal Data, such as identity documents (including passport, driver's license, national identity card, etc.), proof of address, source of fund declaration, purposes of fund documents, and source of wealth (Collectively: "Regulatory-required Information"). Each time we will collect this data, we will explain to you the content and requirements underlying the collection of such information Personal Data. We reserve the right to change the data we collect in line with this bullet in line with changes to applicable laws and global and local industry regulatory standards.
3.5. Transaction information
When you use the Platform, and specifically, our trading platform, we collect transaction information, including but not limited to, account balances, trade history (such as transaction initiation, payment method, price, quantity, time, withdrawal and authorization information), and order activity (collectively: "Transaction Information").
3.6. Payment information
To deposit fiat currencies (say, US dollars) into your wallet in the Platform, you will need to provide certain payment information with our third party payment processors. Those payment processors will then provide us that payment information, which includes the data when you made the payment, a generic number which is linked to your email address or account (order number), and information about the instrument used (e.g., credit card, debit card, or bank account).
4. Our use of tracking technologies
When you visit or access our Platform, we use (and authorize third parties to use) pixels, cookies, beacons and other technologies. Those allow us to automatically collect information about you, your device, and your online behavior, in order to enhance your navigation in our Platform, improve our Platform's performance, perform analytics, and customize your experience. To get a better sense on our use of Tracking Technologies, please visit our Cookies Policy.
5. Why we collect your Personal Data?
Privacy laws require us to have a valid lawful basis in order to process your Personal Data. This section explains for what purposes we may use your personal data and outlines the legal bases that underlie our usage.
|
Purpose |
Legal basis |
|
Consumer services. We use your Personal Data, such as your name and email address, for consumer services purposes. This includes, for example, responding to your inquiries. |
The legal bases for processing this data are the performance of our contractual towards you; your consent (for example, when you provide Personal Data); the compliance with our legal obligations; and the protection of our legitimate interests. Our legitimate interests in this case is improving our Platform. |
|
Facilitating payments. We collect from our third-party payment processors certain information about your payment instruments for the purpose of connecting your payment instrument to your account on our Platform. |
The legal bases for processing this data are the performance of our contractual towards; the protection of our legitimate interests (in this case provide our Platform). |
|
Provide our Platform. We use your contact information (for example, name and email) to facilitate your registration with our Platform.
|
The legal bases for processing this data are the performance of our contractual towards you and the protection of our legitimate interests. Our legitimate interests in this case is providing our Platform. |
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Improve our Platform. We collect and analyze information about you and your usage of our Platform to improve the usability and effectiveness of our Platform. |
The legal bases for processing this data are the performance of our contractual towards you and the protection of our legitimate interests. Our legitimate interest in this case is improving our Platform. |
|
Tailor our Platform. We use connection and usage data (for example, the pages you visited on our Website and websites you visited before and after navigating to our Website) to tailor our Platform to your usage. |
The legal basis for processing this data is the protection of our legitimate interests. Our legitimate interest in this case is improving our Platform. |
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Fraud detection and prevention. We collect Transaction Information, and other Personal Data, to monitor suspicious trading activity. |
The legal bases for processing this data are the protection of our legitimate interests and protecting our Users. Our legitimate interest in this case is fraud prevention. |
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Marketing and Advertising. We may use your Personal Data to provide you with personalized advertisements when visit our Platform. If you do not want us to use or share your Personal Data for advertising or marketing purposes, you may opt out of certain cookies by following the instructions provided in our Cookies Policy. |
The legal basis for processing this data are your consent (when required); the compliance with our legal obligations; and protecting our legitimate interests. Our legitimate interests in this case are providing you with tailored services and advertisements that better correspond with your interests. |
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Compliance with the applicable laws. We may be required to collect, retain, or share your Personal Data, including Regulatory-required Information, under applicable laws. |
The legal basis for processing this data is compliance with our legal obligation. |
6. With whom we share your data?
We share your Personal Data as descried below –
· Service providers: we share your information with service providers, such as payment processors, advertisers, and game developers who help us provide you with our Platform. These third parties may have access to your Personal Data so that they may perform these tasks on our behalf, but they are obligated to comply with this Policy and may not use your Personal Data for any other purpose.
Compliance with laws and law enforcement entities: we may disclose any data about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect our or a third party’s property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. We also may be required to disclose an individual’s Personal Data in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.
· Merger and acquisitions: we may share your data if we enter into a business transaction such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets. Any party that acquires our assets as part of such a transaction may continue to use your data in accordance with the terms of this Policy.
7. Data protection rights
This section addresses the specific rights applying to residents of the EU or residents in other jurisdiction that afford the below rights.
7.1. Your rights
You may request to:
Please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. Users outside the EU are welcome to contact us for any questions or requests at the details below.
7.2. Transfer of data outside the EU
Any information that we collect (including your Personal Data) may be stored and processed in various jurisdictions around the world, for the purposes detailed in this Policy. However, we will only transfer your data to data recipients (i) located in the European Economic Area (the “EEA”), (ii) non-EEA countries which have been approved by the European Commission as providing adequate level of data protection, or (iii) countries entered into legal agreements ensuring an adequate level of data protection.
8. California residents
This part of the Policy addresses the specific disclosure requirements under the California Consumer Privacy Act of 2018 (Cal. Civ. §§ 1798.100–1798.199) and the California Consumer Privacy Act Regulations by the Attorney General (collectively: "CCPA").
8.1. Collection of Personal Data
In the preceding twelve (12) months, we have collected the following categories of Personal Data:
|
Category |
Personal Data collected |
Sources |
Purpose for collection |
|
A. Identifiers |
Full name, date of birth, nationality, email address, IP address, and social network account. |
· Information you provided with us; · Information collected from third parties. |
· Providing our Platform (for example, facilitating your registration); · Consumer services (for example, answering your inquiries); · Maintaining compliance with applicable laws. |
|
B. Customer records |
Regulatory-required Information. |
· Information you provided with us; · Information collected from third parties. |
Maintaining compliance with applicable laws (for example, identity verification). |
|
C. Protected classifications. |
Nationality and age. |
· Information you provided with us; · Information collected from third parties. |
Maintaining compliance with applicable laws (for example, identity verification). |
|
D. Commercial information |
Records of products and services you purchased. |
· Information you provided with us; · Information we collected automatically from you; · Information collected from third parties. |
· Providing, improving, and tailoring our Platform; · Marketing and advertising. |
|
E. Geolocation data. |
IP address and device location data. |
· Information you provided with us; · Information we automatically collect from you. |
· Providing the Platform (facilitating your registration); · Maintaining compliance with applicable laws (identify whether you are accessing the Platform from a jurisdiction where the services offered through the Platform are prohibited). |
|
f. Electronic network activity. |
Users' interaction with the Platform. |
Information we automatically collect from you. |
· Marketing and advertisement; · Tailoring and improving our Platform. |
8.2. Sharing Personal Data
We disclose your Personal Data to third parties for a business purpose (as it is defined under the CCPA). When we disclose Personal Data for a business purpose, we enter into a contract that describes the purpose and requires both parties to keep that Personal Data confidential and not use it for any purpose except in the performance of the contract.
In the preceding twelve (12) months, we have disclosed the above-mentioned categories of Personal Data with the following categories of recipients for a business purpose with our affiliates and services providers.
8.3. Selling Personal Data
We share some of your Personal Data with our partners to provide our Platform and for other commercial purposes. Under the CCPA some of this sharing may be considered a “sale” that you have a right to opt-out of.
If you choose to opt-out of sale, such action may impact how you are able to view or receive some services related to the Platform. This is because some of the services we offer require disclosure of your Personal Data to third parties.
In the preceding twelve (12) months, we have sold the following categories of Personal Data:
· Category A – Identifiers;
· Category B – Customer Records.
You have the right to opt-out of such disclosures of Personal Data, see below for more information on how to exercise your rights.
8.4. User Rights under the CCPA
The CCPA provides consumers with specific rights regarding their Personal Data. This section describes your CCPA rights and explains how to exercise those rights.
Access to Personal Data
You may request that we disclose to you the categories and specific pieces of Personal Data that we have collected about you, the categories of sources from which your Personal Data is collected, the business or commercial purpose for collecting your Personal Data, the categories of Personal Data that we disclosed for a business purpose, any categories of Personal Data about you that we sold, the categories of third-parties with whom we have shared your Personal Data, and the business or commercial purpose for selling your Personal Data, if applicable.
Deletion Requests
You have the right to submit a verifiable consumer request that we delete Personal Data collected from you and retained
Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers, subcontractors, and consultants to delete) your Personal Data, unless an exception applies.
Right to Opt-Out of the Sale of Personal Data
In the event that we sell your Personal Data, you have the right to submit a request to opt-out of the sale of your Personal Data. You may change your decision at any time and permit us to sell your Personal Data.
After you opt-out, we may continue to share some Personal Data with our partners (who will function as our service providers in such instance) to help us perform business-related functions such as, but not limited to, providing the Platform, ensuring that the Platform is working correctly and securely, providing aggregate statistics and analytics and preventing frauds.
Additionally, although clicking the “Do Not Sell My Personal Data” link will opt you out of the sale of your Personal Data for advertising purposes, it will not opt you out of the use of previously collected and sold Personal Data (except for Personal Data sold within 90 days prior to your exercising your right to opt-out) or all interest-based advertising. More information about how to opt-out of interest-based advertising in desktop and mobile browsers can be found on our Cookies Policy.
Exercising Your Rights
You can exercise your rights by submitting a verifiable consumer request to our email address: info@xmanna.com
Only you or a person authorized to act on your behalf may make a consumer request related to your Personal Data.
The request must:
· Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative.
· Describe your request with sufficient details to allow us to properly understand, evaluate, and respond to it.
· We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Data provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. We will only use Personal Data provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
You may only request a copy of your data twice within a 12-month period.
Response Timing and Format
Our goal is to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing within the first 45 days period. We will deliver our written response, by mail or electronically, at your option. Any disclosures we provide will cover only the 12-month period preceding the request. If reasonably possible, we will provide your Personal Data in a format that is readily useable and should allow you to transmit the information without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
In case of rejection, the response we provide will explain the reasons for which we cannot comply with your request.
Please note that these CCPA rights are not absolute and requests are subject to any applicable legal requirements, including legal and ethical reporting or document retention obligations.
Designating Agents
You can designate an authorized agent to make a request under the CCPA on your behalf if:
· The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
· You sign a written declaration that you authorize the authorized agent to act on your behalf.
If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf using the contact information below.
If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.
8.5. Non-discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
· Deny you goods or services.
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or services.
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
8.6. Requests metrics
We publish metrics regarding the number of requests we have received, complied with (in whole or in part) or denied, and also the median number of days in which we responded to such requests, in the previous year, as applicable to the time period in which the CCPA was in effect. As of the date of publishing this Policy, such data has yet to have been received. Once such data is received, it will be published in a dedicated Consumer Requests Metrics page which will be available within this Policy.
9. How we protect your data?
We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Data. While we seek to protect your information to ensure that it is kept confidential, we cannot guarantee the security of any information. You should be aware that there is always some risk involved in transmitting information over the internet and that there is also some risk that others could find a way to thwart our security systems. Therefore, we encourage you to exercise discretion regarding the Personal Data you choose to disclose.
If you feel that your privacy was treated not in accordance with our Policy, or if any person attempted to abuse the Platform or acted in an inappropriate manner, please contact us directly via our “Contact Us” page or through the contact details available below.
10. Minors
We do not knowingly collect or solicit Personal Data from anyone under the age of consent (as determined under the applicable laws where the individual resides; “Age of Consent”). By accessing, using or interacting with our Platform, you certify to us that you are not under the Age of Consent. In the event that we learn that we have collected Personal Data from an individual under the Age of Consent without verification of parental consent, we will delete that information upon discovery. If you believe that we might have any information from or about an individual under the Age of Consent, then please contact us through the contact details available below.
11. Retention
We will retain your Personal Data for as long as necessary to provide our Platform, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined to take into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.
12. Updates to this Policy
We reserve the right to change this Policy at any time. The most current version will always be posted on our Platform (as reflected in the “Last Updated” heading). You are advised to check for updates regularly. By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the updated Policy.
13. Data Protection Officer
XMANNA has appointed a “Data Protection Officer” who is responsible for matters relating to privacy and data protection.
14. Further Information
If you have any questions about this Privacy Policy and would like to contact us, please send us an email at: info@xmanna.com.