1. General information
- 1.3. An individual can only become a Client of SimpleSwap and use its features if he/she is aged 18 or over or the age of majority in the country in which he/she resides if that happens to be greater than 18. SimpleSwap does not knowingly collect any information (including Personal Data) or market its services to minors or users under the age of majority.
2. Contact us
- 2.1. SimpleSwap has designated a Data Protection Officer (DPO) who could be reached by emailing to [email protected] or by post at the address provided above.
- 2.2. By registering with the Service, the Client consents to the processing of his/her Personal Data by the Service in accordance with the provisions set below.
- 2.3. By registering with the Service, the Client gives consent to SimpleSwap to anonymize his/her Personal Data for the purposes of further use in anonymized form in order to improve the performance of the Service.
3. Collected data
- 3.1. When using the Services, the Client agrees to the processing of the following Personal Data:
- 3.1.1. Personal Data that the Client provides to the Service:
- When creating an address, the Client obliges to provide the Service with basic details necessary for the Service to work as it might be requested, such as the Client’s name, gender, date of birth and location.
- SimpleSwap reserves the right to monitor or record interactions between the Client and the Support Service for training purposes and to ensure high quality of service.
- When participating in Client verification procedures: Client’s Personal Data, as requested by the Service for the Client identification purposes.
- When participating in surveys or focus groups: insights and evaluation of SimpleSwap’s services, responses to the questions from the Service.
- When proceeding with transactions: information required under AML/KYC applicable standards in order to ensure the security of transactions.
- While ordering merchant Product through SimpleSwap’s website: Client’s Personal Data, as required for the Product’s delivery, such as Client’s full name, postal address, phone number.
- 3.1.2. Personal Data collected through the use of the Service:
When the Client is using SimpleSwap’s App, the Service may collect data regarding the device(s) the Client uses to access the Service (such as his/her IP address, device identifier (including unique advertising device identifiers, for example Google Advertiser ID and IDFA), technical and statistical data (including data about the Internet connection, cellular service provider and application usage data) and location data (upon a separate consent from the Client).
- 3.2. By providing Personal Data to SimpleSwap, the Client warrants that such data is true, accurate and up to date.
- 3.3. In case the Client is entitled to create a Client’s account instead of Client’s address, the present Privacy Policies shall be applicable accordingly.
4. Use of User’s/Client’s personal data
- 4.1. SimpleSwap collects, process and uses Personal Data of Clients of the Service based on the following grounds:
- when such processing is performed in order to fulfil the contract between the Service and the Client;
- based on legitimate interest of the Service;
- upon explicit prior consent from the Client.
- 4.2. SimpleSwap collects and processes Personal Data of the Service’s Clients in order to maintain the functionality of the Service, Product delivery and to ensure compliance with legal and business-related requirements. The User’s/Client’s Personal Data is processed for the following purposes:
- 4.2.1. When processing of personal data is related to fulfilment of the contract between the Service and the Client:
- to set up, operate and manage the Client’s address and, if necessary, to contact the respective Client through the means provided by the Client upon registration, in connection with the operation and management of the Client’s address;
- to analyze the Client’s profile, activity on the Service, preferences and current location in order to improve the Services;
- to proceed and respond to the requests and enquiries received from the Client;
- 4.2.2. Under legitimate interests of the Service:
- for Client verification purposes, conducted in relation to an ongoing or alleged misbehavior, performed by the Client of the Service, in order to block addresses as part of the Services anti-spam procedures, to investigate possible fraud;
- to evaluate the effectiveness of marketing and to perform market research and training.
- 4.2.3. Under an explicit consent from the Client:
- to facilitate networking opportunities of the Client with the Service by way of allowing him/her to add additional information to the Client’s address;
- to serve the Client with targeted Website advertisements;
- for remarketing purposes, allowing the Service to identify the Client who has previously visited the Website and optimize advertising information according to the Client’s preferences. This feature is used by the Service through third-party services such as Google Advertising and myTarget;
- to prepare statistics regarding the use of the Services by the Client;
- to identify possible technical malfunctions in the work of the Service, to assist internal research and development and to make improvements to the Website.
- 4.2.4. When processing delivery of the Products ordered by the Client:
- to facilitate the delivery of the Products ordered by the Client.
5. Duration of the Сlient’s data retention
- 5.2. To protect the safety and security of the Clients of the Service, SimpleSwap implements a safety retention window of 30 days following a Client’s address deletion.
- 5.3. SimpleSwap reserves the right to store the Client’s Personal Data for a longer period of time than provided in paragraph 5.1., when it is performed in order to fulfill the legal obligations of the Service (including law enforcement requests, dispute resolution), ensure compliance with applicable law or when the relevant Personal Data is stored on the basis of the Service’s legitimate interests (including security reasons, prevention of fraud).
6. Disclosure of Personal Data
- 6.1. SimpleSwap may share the Client’s Personal Data with third parties in the following cases:
- Other Clients of SimpleSwap: The Client shares information with other Clients of SimpleSwap by way of voluntarily disclosing information on the Service (including but not limited to information in his/her Client’s profile). It is in the Client’s discretion to choose the information to be disclosed with the Service and SimpleSwap rescinds from responsibility for the other Clients of the Service regarding the way they might use such information, disclosed by the Client.
- Facilitation of Product’s delivery. SimpleSwap may share Client’s Personal Data with courier service providers in order to fulfill SimpleSwap’s obligations in relation to the Product’s delivery.
- Third-party advertising services. SimpleSwap uses the following services (list of services is provided alongside with privacy policies of the relevant services):
- Google Analytics
- Third-party analytics services. SimpleSwap uses the following services (list of services is provided alongside with privacy policies of the relevant services):
- Google Analytics
- Cloud services providers:
- Client support services.
- Providing Client’s data by law: SimpleSwap may disclose Client’s Personal Data when such disclosure is required by law and is reasonably necessary:
- in order to establish, exercise, defend or enforce legal rights of the Service;
- to comply with a legal process such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements;
- to assist in the prevention or detection of crime (subject in each case to applicable law);
- to protect the safety or vital interests of an individual.
- 6.2. SimpleSwap ensures appropriate contractual control over third parties assisting the Service in processing the Client’s Personal Data, securing that rights of Clients of the Service are upheld, their Personal Data is secure, appropriate security and privacy arrangements are in place.
- 6.3. In the event of change in the corporate structure of the Service, resulting in transfer of the Client’s Personal Data to a third party, all the Clients of the Service would be notified of such changes via email and through a notice posted on the Service’s website. Respective notice would explain the identity of the new data controller and the Client’s options regarding disposal of their Personal Data.
7. Client’s rights
- 7.1. Every Client of the Service is a data subject and thus has ultimate rights over his/her Personal Data.
- 7.2. The rights of data subject over his/her Personal Data are as follows:
|Access||A right to know whether Personal Data concerning the Client is being processed by the Service, right to get information regarding processing of Personal data, right to request a copy of Personal Data being processed.|
|Rectification||A right to ask the Service to correct Client’s Personal Data in a situation when such data available to the Service or disclosed to third parties is inaccurate or incomplete.|
|Erasure||A right to request ‘to be forgotten’, meaning deletion of the Client’s Personal Data from the database of the Service so that the Service is not able to continue processing and storing of such data, with exceptions, provided by applicable law.|
|Restrict processing||Right to introduce the restriction regime on the processing of the Client’s Personal Data, so that in each case the data may be processed only upon separate consent from the Client.|
|Data portability||Right to request for the Personal Data provided to the Service to be given in a machine-readable format so that it could be transferred to another service provider or transfer directly to a third party designated by the Client.|
|Object||Right to object to processing his/her Personal Data in a case when the corresponding processing is not performed on the basis of the Client’s consent.|
|Withdraw consent||Right to withdraw consent to processing of his/her Personal Data by SimpleSwap and/or third party processors of Personal Data. The Client should note that withdrawal of consent to the processing of his/her will result in the deletion of his/her profile with the Service and the termination of his/her use of the Service.|
- 7.3. The abovementioned rights are not absolute. In order to exercise some of the rights, the Client should meet certain conditions and requirements, specified by the law.
- 7.4. For more information regarding his/her rights over Personal Data, the Client/User of the Service should contact [email protected]. In order to exercise his/her rights, the Client should submit a request to [email protected].
- 7.5. The Client/User of the Service should also be acknowledged of his/her right to complain to a data protection regulator in his/her jurisdiction.
8. Protection measures
10. Cross-border data transfer
- 10.1. Disclosure of SimpleSwap’s Clients’ Personal Data, as provided in section 6 of these Terms of Service sometimes involves cross-border data transfers, for instance to Andorra, Argentina, Faroe Islands, Israel, New Zealand, Switzerland, Russian Federation and other jurisdictions. SimpleSwap uses standard contract clauses approved by the European Commission or other suitable safeguard to permit data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of Client’s Personal Data.