Last Version: 01 December 2022
TRAKX and its affiliates (hereinafter referred to as "TRAKX", the "Company", "we", "us" or "our") are committed to protecting and respecting your privacy (hereinafter referred to as "Users", "you" or "your").
This privacy policy (hereinafter referred to as "Privacy Policy") together with our legal notice, disclaimer fees, trading rules, and general terms and conditions explain how TRAKX operates and how it may - from time to time - use your personal information (hereinafter referred to as "Personal Information" or "Personal Data") when Users access the website: https://www.trakx.io (hereinafter referred to as the "Site").
For more information about the Company, the User is invited to consult the legal notice (https://www.trakx.io/legal). TRAKX is a digital asset service provider (hereinafter referred to as "PSAN" or "CASP") registered with the Autorité des Marchés Financiers under number E2021-020, providing TRAKX Services to Users.
TRAKX has developed a platform (here after referred to as the "Application") to create, distribute and facilitate the trading of Crypto Traded Indices ("CTIs", as defined above). These CTIs reduce the complexity and fees associated with the taking of positions on various Crypto Assets. TRAKX gives access (hereinafter referred to as "Access") to the Application and offers a wide range of CTIs, each of them allowing CTIs holders to be exposed to different positions on Baskets of Crypto Assets.
In this context, this Privacy Policy describes why and how we may collect and use Personal Information and provides information about individuals" rights in relation to Personal Information.
The purpose of this Privacy Policy is to set out in an accountable and transparent way the collection and use of information by TRAKX.
In order to comply with General Data Protection Regulation (GDPR) and applicable regulation, TRAKX, as a registered CASP, shall comply with Know-Your-Client Procedures.
Such process means that TRAKX has set up before entering into a business relationship with Users in order to identify Users, verify their identity and collect information on the purpose and nature of the relationship or any other relevant information for both (i) know-your-client (KYC) and (ii) Anti-Money Laundering (AML) purposes.
This system is a mandatory prerequisite for the opening of a TRAKX Account, in particular within the framework of the application of the procedure against money laundering and financing of terrorism, compliance with international economic sanctions programs and the fight against fraud.
TRAKX ensures and implements strong guarantees of both technological security and regulatory safety, especially regarding anti-money laundering and Know-Your-Client Procedures.
TRAKX does not allow persons under the age of 18 to use the TRAKX Services and does not knowingly collect personal data from children under the age of 18.
Personal Information is information which identifies you personally or by which your identity can reasonably be ascertained. The Personal Information which may be processed is listed below.
| What personal data does TRAKX collect and process? | Why does TRAKX process my personal data? | Legal basis for our use of personal data |
| First, last name and username, email address, telephone number, gender, nationality, transactional information, government-issued identification, personal address, date of birth, real time photo and/or video, and other information collected during TRAKX account registration, content, within any messages you send to us via our contact address: support@trakx.io (such as feedback, questions, job applications, etc.). | Transaction Services. We use your personal information to process your orders and to communicate with you about orders and services. Communicating with you. We use your personal information to communicate with you regarding TRAKX Services. We collect and process identity data and sensitive personal data to comply with our know-your-customer ("KYC") obligations under applicable laws and regulations and anti-money laundering laws and regulations. | Fulfillment of a contract when we provide products or services to you, or communicate with you about them. This includes where we use your personal data to take and process orders, and to process payments. Legal obligation, to comply with our legal obligations under applicable laws and regulations, as well as anti-money laundering laws and regulations. Your consent where we ask for your consent to process your Personal Data for a specific purpose that we communicate to you. Where you consent to TRAKX processing your Personal Data for a specific purpose, you may withdraw your consent at any time and we will stop processing your Personal Data for that purpose. Withdrawal of consent does not affect the lawfulness of the processing based on the consent prior to its withdrawal. |
| the Internet Protocol (IP) address used to connect your computer to the Internet, login, email address, password and location of your device or computer, audience and technical measurements of the TRAKX Services (e.g., occurrences of technical errors, your interactions with the features and content of the Services, and your preferences for settings), version and time zone settings. | To provide, troubleshoot and improve the TRAKX Services. We use your personal data to provide functionality, analyze performance, correct errors, and improve the usability and efficiency of the TRAKX Services. | Legitimate interest and the interests of our Users when, for example, we detect and prevent fraud and abuse to protect the safety of our Users, ourselves or others. Fulfillment of a contract when we provide products or services to you, or communicate with you about them. This includes where we use your personal data to take and process orders, and to process payments. |
| transaction history, information from other sources: We may receive information about you from other sources, such as credit history information from credit reporting agencies; | Fraud prevention and credit risks. We process personal data to prevent and detect fraud and abuse in order to protect the safety of our Users, the TRAKX Services and others. We may also use scoring methods to assess and manage credit risk. | Legal obligation to comply with our legal obligations under applicable laws and regulations, as well as anti-money laundering laws and regulations. Legitimate interest and the interests of our Users when, for example, we detect and prevent fraud and abuse in order to protect the safety of our Users, ourselves or others. |
| information about your activity: we may process information about your behavior and activity for marketing and advertising purposes. | To improve our services. We process Personal Data in order to improve our services and provide you with a better User experience. Recommendations and Personalization. We use your Personal Information to recommend features and services that may be of interest to you, to identify your preferences and to personalize your experience with the TRAKX Services. | Our legitimate interest in improving our services. Your consent where we ask for your agreement to process your personal information for a specific purpose that we communicate to you. Where you consent to process your personal information for a specific purpose, you may withdraw your consent at any time and we will stop processing your personal information for that purpose. Withdrawal of consent does not affect the lawfulness of the processing based on the consent prior to its withdrawal. |
Blockchains provide transparency into transactions and TRAKX is not responsible for preventing or managing information broadcasted on a blockchain.
Important notice: Given the use of services offered via the Site, the Personal Information of Support@trakx.io may be processed and stored within the blockchains used for the processing of digital asset transactions. Therefore, the User is informed that, in any event, such processing is not the responsibility of TRAKX, which does not manage nor control said blockchains, and as such does not have any power of determination nor control over the possible processing of Personal Information which may be implemented in connection with said blockchains.
TRAKX is committed to protecting your privacy. Internally, only a specified number of employees within our business have access to your Personal Information.
TRAKX"s systems and data are constantly under review to ensure that you are getting the best Access and that market borrowing and lending security features are in place.
TRAKX reserves the right to retain and share certain Personal Information in order to meet our regulatory and statutory requirements. In addition, TRAKX reserves the right to retain and share certain Personal Information with our corporate partners, and third parties acting on behalf of TRAKX.
Personal Information and other related data may 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.
You have the right to access the Personal Information we hold about you, and to require the correction, updating and blocking of inaccurate and/or incorrect data by sending an email to us. We will aim respond to your request within 14 days. You may also request the deletion or destruction of your Personal Information, your account details, etc.
TRAKX will act on your request only when it is not inconsistent with its legal and regulatory obligations and compliance procedures. Upon your written request, we will inform you of the use and general disclosure of your Personal Information.
Important notice: The exercise of these rights is nevertheless limited, with regard to Personal Information that may be necessary for the operation of a blockchain. Indeed, this Data required for the operation of blockchains cannot be modified or erased during the lifetime of the blockchain in question. In addition, the retention / storage of said Data in said blockchains is not the responsibility of TRAKX, which does not manage nor control said blockchains, and therefore has no power to determine or control the processing of Personal Information which may be implemented in connection with said blockchains, nor to pass on the exercise by Users of their rights to said blockchains.
You benefit, under the terms and conditions and within the limits defined by the legal and regulatory provisions on the protection of Personal Information, the following rights with regard to your Data:
Regarding the processing of your Personal Information implemented by the Company, these rights are exercised:
In any event, in the event of reasonable doubt as to the identity of the person submitting such a request to exercise their rights, the Company may always request that it be provided with additional information necessary to confirm the identity of the Person concerned and request for this purpose, when the situation so requires, a photocopy of an identity document bearing the signature of the holder.
A cookie is a small file for storing and retrieving information, generally made up of alphanumeric characters (cf. letters and numbers), deposited by a web server on the computer or electronic terminal of the User of the site to send state information to said browser and likewise obtain such information back from the browser. The status information can be for example a session identifier, a language, an expiration date, a response domain, etc.
Cookies usually make it possible to obtain certain information on the browsing habits of the User, his computer or his terminal, in particular in order to improve the content and the service offered by the site in question, to know the traffic of said site and to provide Internet Users with personalized services.
The notion of cookies covers all types of tracers or other similar technologies, for example:
In any case, cookies can be:
"Functional" cookies not subject to User consent
Functional Cookies, ie those whose sole purpose is to allow or facilitate electronic communication on, from or to a site or which are strictly necessary for the provision of a communication online at the express request of the User of a site, are exempt from the need for the publisher of a site to request the User's consent for their installation.
The Company may thus use such functioning cookies, in particular technical cookies essential for navigation on the Site and cookies strictly necessary for the provision of certain services explicitly requested by the User, without requesting prior consent from you. If the User deactivates these "operating" cookies for example by means of the functionalities offered by his browser, he may not be able to access the Site, and / or not correctly receive the content and information available on the Site and / or not being able to benefit from all the features of the Site.
Other cookies, subject in principle to the consent of the User
The use of other cookies as referred to below is subject in principle to the prior consent of the User, the latter being free to either accept them by expressly consenting to their installation and reading in his browser (it being specified that the latter will then have the possibility to withdraw his consent at any time), or to refuse them.
We take reasonable steps to protect your Personal Information from misuse, loss, unauthorised access, modification or disclosure, including implementing appropriate security measures. The security measures in place will, from time to time, be reviewed in line with legal and technical developments. However, we give no guarantee that such misuse, loss, unauthorised access, modification or disclosure will not occur. There are protective measures that you should take which as well include but are not limited to changing password regularly, not sharing your Personal Information with other unless you clearly understand the purpose of their request and you know with whom you are dealing.
We will hold your Personal Information only for as long as it is necessary for us to do so, having regard to the purposes described in this Privacy Policy and our own legal and regulatory requirements. In general, Personal Information relating to you shall be deleted after a period of five (5) years after your account is closed. Similarly, we usually retain information about transactions on your account for a period of five (5) years from the date of the transaction.
There may be links from our Site to other sites and resources provided by third parties. This Privacy Policy applies only to our Site. Accessing those third-party sites or sources requires you to leave our Site. We do not control those third party sites or any of the content contained therein and you agree that we are in no circumstances responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services or actions and/or any damages, losses, failures or problems caused by, related to or arising from those sites. We encourage you to review all policies, rules, terms and regulations, including the privacy policies, of each site that you visit.
Our policies, content, information, promotions, disclosures, disclaimers and features may be revised, modified, updated, and/or supplemented at any time and without prior notice at the sole and absolute discretion of the Company. If we change this Privacy Policy, we will take steps to notify all Users by a notice on our Site and will post the amended Privacy Policy on the Site.
If you consider that we have not responded adequately to your request or your questions, you are entitled to lodge a complaint with the competent authority in matters of Personal Information protection, the National Commission for Informatics and Liberties (CNIL), at the following Internet address:
The text of the General Data Protection Regulation (GDPR) is freely accessible at the following Internet address: https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX:32016R0679;
or on the CNIL website at the following internet address:
https://www.cnil.fr/fr/reglement-europeen-protection-donnees; as well as all applicable texts on the protection of Personal Information and protection of rights and freedoms on the Internet (https://www.cnil.fr).
To understand your rights, you can also refer to the explanations provided by the CNIL here: https://www.cnil.fr/fr/les-droits-pour-maitriser-vos-donnees-personnelles.
We point out that in application of articles L.223-1 et seq. Of the Consumer Code, you can, if you are a consumer, object at any time to being canvassed by telephone, by registering for free on the site https://www.bloctel.gouv.fr.
If you have any questions, comments, or concerns regarding our Privacy Policy, please contact us at support@trakx.io.
TRAKX is a French société par actions simplifiée having its registered office at 10 rue penthièvre, 75008 Paris, registered with the Paris Trade and Companies Register under number 850 626 078, and represented by Allco Ltd, a company based in Malta and registered under number C90184, acting as Chief Executive Officer (Président), TRAKX contact email address: support@trakx.io.
