1. GENERAL PROVISIONS
- Website at https://equito.co (also referred as: “Website”),
- Mobile app and Web application (also referred as: “App”) (available at Google store and Apple app store and Website) which provides the Services for Users with registered Accounts in accordance with Terms,
- Any services accessible through the App and/or Website, provided by Equito (also referred as: “Services”).
This policy sets out the basis on which any Personal data we collect from You, or that You provide to Equito, will be processed and used by Equito.
This policy represents an integral part of the Terms. Definitions and meaning in this policy should be read together with the Terms.
1.2. Personal information/data (also known as Personal Identifiable Information [PII]) refers to any information that can be associated with a specific person (also referred as: “You” or “User”) and can be used to identify that person, directly or indirectly, in particular by reference to an identifier such as a name, address, e-mail address, an identification number, location data, mobile number, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and other required information User provides to gain and operate a registered Account (in this policy collectively referred as: “Personal data” or “personal information”).
1.4. Unless otherwise indicated, terms used in this Regulation shall have the same meaning as under GDPR.
1.7. Equito’s contact details:
Full name of legal entity:
Equito d.o.o., registered office at Ameriška ulica 8, 1000 Ljubljana, Slovenia
Email address: email@example.com
1.8. Data protection officer
Equito has appointed a data protection officer (also referred as: “DPO”), who has several responsibilities, based on GDPR including but not limited to:
- monitoring Equito’s compliance with the GDPR and other data protection laws;
- raising awareness of data protection issues, training Equito staff and conducting internal audits; and
- cooperating with supervisory authorities on our behalf.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us via Equito’s e-mail address firstname.lastname@example.org
You have the right to make a complaint at any time to the Luxembourg Data protection Office. We would, however, appreciate the chance to deal with your concerns before you approach the data protection office, so please contact us in the first instance.
- Always keep your data safe and private.
- Never sell your data.
- Allow you to manage and review your marketing communication preferences at any time.
Equito does not collect or process your genetic, physiological, mental, racial or ethnic origin, cultural or social identity Personal data, political opinions, religious or philosophical beliefs, trade union memberships, data concerning health or data concerning a natural person’s sex life or sexual orientation.
2.1. When Users access the Website or use Services, Equito may place small data files called cookies on User’s computers or other devices. This helps us to provide you with a good experience when you use the Apps or browse our Website and also allows us to improve the App and our Website. Equito uses these technologies to recognize you as a User of the Website, Apps and/or other Services in order to customize the Website and advertising content, measure communication and marketing effectiveness and collect information about User’s devices to mitigate risk, help prevent fraud and promote trust and safety.
2.3. What cookies do we use?
We use both session and persistent cookies. Session cookies expire when you log out of your account or close your browser. Persistent cookies remain on your computer or other access device until deleted or otherwise expire. The Website uses the following cookies:
|Cookie name||What is it for?||Type||Duration||Domain|
|_t||User authentication token cookie. SiteSetting.maximum_session_age.hours.from_now||discourse||1440hours|
|CF_Authorization||Authorization cookie from cloudflare||Cloudflare||720 hours|
2.4. Most web browsers are set to accept cookies by default. You are free to decline most of our cookies if your browser or browser add-on permits but choosing to remove or disable our cookies may interfere with your use and functionality of the Services. Additionally, we may use certain persistent cookies that are not affected by your browser settings but will use such cookies solely for identity verification and fraud prevention purposes. For more information about cookies and how to block, delete or disable them, please refer to your browser instructions, or contact us at email@example.com
3. INFORMATION WE COLLECT ABOUT YOU
Equito may collect, process, use, store and transfer different kinds of Personal data about you which we have grouped together as follows:
3.1. Submitted Personal information:
This is Personal information you may give us about you by filling in forms on Website, and/or Apps and/or corresponding with us by mail, phone, email or otherwise. This includes Personal information You provide by:
- filling in forms on the App, Website and/or subscribing to our Newsletter (such as Equito news and updates that provide information regarding the latest developments of the App, promotions, and industry news), download a document from Website, register for a webinar or enter a Equito’s contest, survey or other marketing activity. The latter shall be further described in terms and conditions of the relevant activity,
- (actively) corresponding with us (for example, by e-mail, via the chat functions on the App and/or the Website and/or through our customer service or otherwise actively correspond with Equito) and/or participating in discussion boards or other social media functions on the App or the Website,
- providing Personal information and requested documents in the context of verifying User’s identification and detection of money laundering, terrorist financing, fraud, or any other financial crime.
(collectively also referred as: Submitted Personal information)
Submitted Personal information in particular includes:
- Identity data: first name, maiden name, last name, job title, date of birth username, password and other registration information and/or similar identifiers,
- Contact data: address, e-mail address, phone number,
- Financial data such as:
– Balance of your Assets on (registered Equito) Account,
– origin of the assets which are being deposited on registered Equito Account,
– financial background of the total assets, which are being deposited on registered Equito Account including occupation and business activity of the actual contributor of the assets,
– and/or details of Your bank account including the bank account number, bank sort code, IBAN, details of your debit and credit cards including the long number, relevant expiry dates and CVC,
– information provided from third-party services
- Identity verification information: such as images of your government issued ID, passport, national ID card, or driving license, ID number, numbers that they may use or have registered with his/its local tax authority, or other data which can be used for personal identification purposes and that may be required to comply with legislation on prevention of money laundering, money laundering, terrorist financing, fraud, or any other financial crime
- Residence verification information such as utility bill with relevant details,
- Marketing and Communications Data which includes your submitted preferences in receiving marketing material from us and our third parties and your communication preferences.
- Beneficial owners: When embarking upon a legal relationship with Equito and/or concluding occasional transactions by using Equito Services through legal entities and similar entities, Equito can identify beneficial owners, whereas “beneficial owner” means a natural person on whose initiative or in whose interest a transaction or activity is carried out or a business relationship is ultimately constituted. In the case of such legal entities, the “beneficial owner” is also the natural person in whose possession or under whose control the legal entity ultimately is situated.
3.2. Personal information collected by using automated technologies or interactions:
This is Personal information you may give us about you as you interact with our Websites, we may automatically collect Technical Data about your equipment, mobile device, browsing actions, including your IP address, patterns and other activity when using Website and/or App. Equito collects this Personal data by using cookies, server logs and other similar technologies. This allows us to recognize Users and avoid repetitive requests for the same information. With automation technologies we track, collect and store the User behavior on the Website. However, Equito does not allow other websites to read cookies from our Website.
(collectively also referred as: Automated Personal data)
Automated Personal data in particular includes:
- Transaction data: Keeping track of performed transactions and/or transfer of your Assets on Apps and/or Website and vice-versa to Your or bank address or other accounts relevant for Equito services. Collected transaction data includes date, time, amount, currencies used, beneficiary details, details and location of the counterparty associated with the transaction, IP address of sender and receiver, sender’s and receiver’s name and registration information, messages sent or received with the payment, device information used to facilitate the payment and the payment instrument used;
- Order execution data: For the purposes of monitoring (in sense of “execution of a contract” within the meaning of GDPR) and for the purposes of identification and/or prevention of possible manipulation, we also collect certain information about your use of the Services on the App, including but not limited to:
– keeping track of performed Asset transactions and/or transfer of your Assets on App, and/or Website and vice-versa to Your bank account,
– keeping track of searched and/or saved financial instruments and/or Assets.
- Profile Data: purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data: includes information about how you use Website, App and/or Services.
- Technical Data: includes internet protocol (IP) address, your login data, mobile device, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and App and other technology on the devices you use to access our Websites, and/or App.
3.3. Personal data obtained with authorized third parties or publicly available sources:
We may obtain Your Personal data about you from authorised partners and public sources, namely publicly available registers such as political party registers, international sanctions lists, company registers and other publicly accessible sources which provide reliable data about You, Your family members and/or Your close business associates. This Personal information is obtained, processed and stored in order to perform legally necessary (Art. 6(1) (c) GDPR) due diligence and verification of Users, imposed on Anti-money laundering and counter terrorist financing legislation (Fifth Money Laundering Directive (Directive 2018/843, abbreviated to 5AMLD). This Personal data is obtained, processed and stored exclusively and to a minimum extent to what is necessary to determine Users (or their family members and/or close business associates) as Politically Exposed Persons and/or persons, listed on politically party registers International sanctions lists and/or trade sanctions lists when embarking upon a legal relationship with Equito or when performing transactions by using Apps or Website. Explained verification is made on the basis on Submitted Personal data.
(collectively also referred as: Personal data obtained by third parties)
- Personal data obtained by third parties in particular includes:
• Identity data of Users, their family members (spouse, partner considered equivalent to a spouse under national law, children and their spouses or partners and parents) and/or close business associates that corresponds to identity information of persons which shall be recognized in public Political party registers, International sanctions lists, trade sanctions lists and other publicly accessible sources which provide reliable data for Equito to perform due diligence of Users in accordance with Anti-money laundering and counter terrorist financing regulation.
- Third parties are business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, fraud prevention agencies, customer service providers and developers which are required to ensure that they comply with the GDPR (Art. 28 GDPR).
4. USES MADE OF THE PERSONAL DATA
4.1. Below is a summary of the key types of Personal data that we make use of as part of the Equito Services. For more information on how these types of data are used and for which purposes then please see the table below.
4.2. We use information held about you in the following ways:
- Submitted Personal data is used:
- to carry out our obligations arising from any transactions you enter into with us, for example to provide you Equito Services in accordance with Terms, such as creating an Account, execution and transmission of orders, transfers of Assets etc.;
- to notify you about changes to our Services or Terms;
- Automated Personal data is used:
- for the purposes of identification and/or prevention of possible insider trading and/or market manipulation,
- to provide you with information about other Services we offer that are similar to those that you have already used or enquired about;
- to ensure that content from our Website is presented in the most effective manner for you and for your mobile device and/or personal computer;
- to administer our Website and App for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our Website and the App to ensure that content is presented in the most effective manner for you and for your mobile device and/or computer;
- to allow you to participate in interactive features of our Services, when you choose to do so;
- as part of our efforts to keep our Website and the App safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other Users of our Website and the App about goods or Services that may interest you or them;
- to confirm your eligibility to use our Services;
- to verify your identity, protect against fraud, comply with Anti-money laundering and counter-terrorist financing legislation and other anti-financial crime laws and to confirm your eligibility to use our Services; and
- to comply with our regulatory obligations.
- Personal data obtained by third parties: We will combine this information with Submitted Personal data you give to us and Automated Personal data we collect about you. We will use this information and the combined information:
- to help us better understand your circumstances and behavior so that we may make decisions about how we manage your Account;
- to process applications for products and Services available through us including making decisions about whether to agree to approve any applications; and
- for the purposes set out above (depending on the types of information we receive).
4.3. We may associate any category of Personal data to any other category of Personal data and will treat the combined information as Personal data in accordance with this policy for as long as it is combined. For example:
- we may use Personal data obtained by third parties to perform cross-reference with Submitted Personal data to accurately authenticate the individual User in order to perform thorough due-diligence of Users (imposed on legal obligations in Anti-money laundering and counter terrorist financing legislation and other anti-financial crime laws).
- in accordance with Slovenian AML Law of 23 March 2022 Equito is obliged to establish and maintain due diligence files for the purposes of documentation and reporting obligation. In this regard Equito combines Submitted Personal data with Automated Personal data and Personal data obtained by third parties to establish such profile for individual User which contains the following details:
- the documents and records that have been used to identify and verify the identity of the User and the beneficial owner;
- in the case when the beneficial owner can be identified as legal entity, proof that the necessary legal conditions for these provisions to apply,
- the established business profile of the business relationship between Equito and individual User (when commencing such business relationship), which includes in particular information concerning the:
- details about Users and beneficial owner,
- authorized agents and bodies dealing with Equito,
- origin of the deposited Assets,
- financial background of the total Assets, including occupation and business activity of the actual contributor of the Assets and
- intended use of the Assets.
4.4. For advertising networks, we utilize anonymized Personal data in order to serve relevant adverts to target segments. However, Equito will never disclose identifiable information to advertisers.
5. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
5.1. We have set out below, in a table format, a description of all the ways we use your Personal data as stated above, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
5.2. 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 Personal data. Please contact us via in-App support 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 of processing Personal data Type/category of Personal data Lawful basis Legitimate interests
Identification and prevention of money laundering, organized crime and terrorist financing in accordance with applicable Anti-money laundering legislation – General personal information (full name, address, ID number, etc.)
- identity verification documents (Passport scan, Utility Bill scan, etc.) and
- possible detailed financial information (if necessary) (source/origin of tradeable assets), personal data obtained by third parties (such as fraud prevention agencies) and/or publicly available sources (political parties registers, company registers, etc.),
- Automated personal data such as Transaction data, Trading data, Profile data, Usage data and Technical data. compliance with a legal obligation to which the Equito is subject: Slovenian AML Law of 23 March 2022 Developing and improving how we deal with prevention of financial crime
To provide the Equito Services:
- To register your Account and to carry out our obligations arising from any transactions you enter into with us, using Services on App and/or Website and to provide you with the information, products and Services that you request from us. – Submitted Personal data such as general personal information, Contact data,– Automated data such as Transaction data, , Profile data, Usage data and Technical data. Performance of a contract to which the User is party or in order to take steps at the request of the User prior to entering into a contract with Equito. Being efficient about how we fulfil our legal and contractual obligations.
Our commercial interest in providing you with a good Service and in efficient manner.
Complying with regulations that apply to us.
To keep the Equito Services up and running:
- To administer our Site and the App for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- To notify you about changes to our Service;
- As part of our efforts to keep our Website and the App safe and secure. – Submitted Personal data such as general personal information, Contact data,
- Automated Personal data such as Transaction data, Profile data, Usage data and Technical data. Processing is necessary for the purposes of the legitimate interests pursued by Equito and/or for the performance of a contract. To ensure that content from our Website is presented in the most effective manner and to prevent possible abuses of Website, App or Services.
- To use data analytics to improve our Website, Services, marketing, customer relationships and user-experiences. – Automated Personal data such as Transaction data, Profile data, Usage data and Technical data. Processing is necessary for the purposes of the legitimate interests pursued by Equito. To define types of customers for our Services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy.
- To improve quality of our Services and to make suggestions and recommendations to you about Services or events that may be of interest to you. – Submitted Personal data such as general contact data,
- Automated Personal data such as Transaction data, Profile data, Usage data, Technical data. Processing is necessary for the purposes of the legitimate interests pursued by Equito. To understand interests of Users and to provide them further development and improvement of Services.
What do we mean when we say:
Legitimate Interest: this means the interest of ours as a business in conducting and managing Equito to enable us to provide to you the Equito Services and offer the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data 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). Within the meaning of “legitimate interest” Equito (also) pursues its legitimate interest of identification and/or prevention of possible insider trading and/or market manipulation, we also collect and process certain information about your use of the Services on the App, such as use of the App, Identification data, Transaction data, Order execution data, Profile, Usage data and Technical data.
Fulfilling a Contract: Our Legal Obligation: this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to, especially Anti-money laundering and counter terrorist financing legislation (Fifth Money Laundering Directive (DIRECTIVE (EU) 2018/843, abbreviated to AMLD5) and Slovenian AML Law of 23 March 2022
6.1. Equito is striving to provide clear information of Personal data usage for our marketing purposes and simple access to individual’s communication preferences management or opt-out from receiving any marketing communications from us whenever you want.
6.2. We provide you clear choices on your Personal data uses for marketing and advertising purposes. You can always access your personal communication preferences management page via our e-mail (firstname.lastname@example.org).
7. PROMOTIONAL OFFERS FROM US
7.1. We may use your Personal data (such as your Submitted Information and Automated Personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
7.2. You will receive marketing communications from us if you have signed up to and/or utilize the Equito Services and, in each case, you have not opted out of receiving marketing notifications.
8. THIRD-PARTY MARKETING
8.1. We will not share your Personal data with any company outside the Equito group that is not our contracted data processor, who is obliged to process Personal data on behalf of Equito at least in such a manner that processing will meet the requirements under GDPR.
9. OPTING OUT
9.1. You can stop receiving marketing messages at any time by adjusting your preferences in communication preferences management page, accessible in e-mail or by sending your choice to email@example.com
10. DISCLOSURE OF YOUR PERSONAL DATA
10.1. We may disclose your data to:
- Other entities within the Equito group of companies;
- Third parties that provide services to us, such as system hosting, management, and support; data analysis; facilitation of advertisements; data backup; and data security and storage services;
- Relevant third parties as part of a corporate transaction, such as a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock;
- Competent governmental and public authorities, in each case to comply with legal or regulatory obligations or requests; and
- Other third parties as we believe necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to enforce our terms and conditions; (d) to protect our operations and those of any of our affiliates; (e) to protect our rights, privacy, safety, or property, and/or those of our affiliates, you, or others; and (f) to allow us to pursue available remedies or limit damages that we may sustain.
10.2. The disclosures described in this section may result in the transfer of your data to countries or regions with data protection laws that differ from those in your country of residence. By providing us with your data and using this Site, you are acknowledging that your data may be transferred to countries outside of your country of residence.
10.3. In cases where your data is transferred outside of your country of residence, we take steps to ensure that appropriate safeguards are in place to protect such data. If you are based in the EU/EEA, such safeguards may include a data transfer agreement with the data recipient based on standard contractual clauses or such other mechanism as is approved by the European Commission for transfers of personal data to third countries. For further details relating to the transfers described above and the adequate safeguards used with respect to such transfers, please contact us at firstname.lastname@example.org.
11. STORAGE SECURITY & INTERNATIONAL TRANSFERS
11.2. All information you provide to us is stored on our secure servers, encrypted at rest. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted in transit. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our App and/or our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
11.3. Unfortunately, the transmission of information via the internet and/or blockchain protocol is not completely secure. Although we will do our best to protect your Personal data, we cannot guarantee the security of your data transmitted to our App or our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
11.4. Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
12. RETAINING YOUR INFORMATION
12.1. Equito is obligated under the Slovenian AML Law of 23 March 2022 to retain personal data about you and your Equito transactions for a period of minimum ten years from the conclusion of the transaction or from their preparation. We therefore use this retention requirement as a benchmark for all Personal data that we receive from you. In order to not hold your information for longer than is strictly necessary we will not hold any of your Personal data for more than 11 years after the termination of our business relationship.
13. YOUR LEGAL RIGHTS
13.1. You have rights under data protection laws in relation to your Personal data. Please see below to find out more about these rights:
Request access to your personal data (commonly known as a “data subject access request“). This enables you to receive a copy of the Personal data we hold about you. If you require this, then please reach out to our support team at email@example.com
Request correction of the Personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. If you require this, then please reach out to our support team via the in-App chat function.
Request erasure of your personal data. This enables you to ask us to delete or remove Personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. 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, if applicable, at the time of your request. As a person subject to due diligence in accordance with Anti-money laundering and counter terrorist financing regulation, Equito is under certain obligations to retain certain data for a minimum of 10 years (see above).
Please note that these retention requirements supersede any right to erasure requests under applicable data protection laws.
- Object to processing of your Personal data. This is in situations 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights. As a person subject to due diligence in accordance with Anti-money laundering and counter terrorist financing regulation, Equito is under certain obligations to process and retain certain data for compliance purposes. Please note that these requirements supersede any right to objection requests under applicable data protection laws. If you object to the processing of certain data, then we may not be able to provide the Equito Services and it is likely we will have to terminate your account.
- Request restriction of processing of your Personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data’s 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
- 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. We will provide to you, your Personal data in a structured, commonly used, machine-readable format, which you can then transfer to an applicable third party. If you require this then please reach out to our support team via firstname.lastname@example.org
- Withdraw consent at any time where we are relying on consent to process your Personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide the Equito Services to you. Regardless of Users withdrawal of consent, Equito is obligated to process and store relevant Personal data for certain period in order to comply with legislation on prevention of money laundering, money laundering, terrorist financing, fraud, or any other financial crime.
13.2. Please note that any requests in relation to the restriction of the processing of your data means that we may not be able to perform the contract we have or are trying to enter into with you (including the Equito Services). In this case, we may have to cancel your use of the Equito Services but we will notify you if this is the case at the time.
14.1. 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 clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
14.2. 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 data (or to exercise any of your other rights). This is a security measure to ensure that Personal data 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.
14.3. 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.
14.4. IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (including the Equito Services). In this case, we may have to cancel your use of the Equito Services but we will notify you if this is the case at the time.
- Contact us via our support team: email@example.com.
In Ljubljana, May 2022