MERRILL Crypto Platform Privacy Policy
1. Policy Statement
The MERRILL Crypto Global Platform (hereinafter referred to as the "Platform" or "we") allows its users (hereinafter referred to as "Users" or "you") to trade digital assets (hereinafter referred to as "Digital Assets") and provides other digital asset-related services (hereinafter referred to as "Services"). This Privacy Policy (hereinafter referred to as the "Policy") explains how we collect, use, process, disclose, share, transfer, and protect users' personal information obtained through access and use of the Platform (hereinafter referred to as "Personal Data"). For convenience, we and you are collectively referred to as the "Parties" and individually as a "Party."
We fully understand and respect the importance of your personal data to you. We will implement appropriate security measures to protect your personal data in accordance with applicable laws and regulations. Therefore, this Policy is designed to inform you of your rights regarding the processing of your personal data. We will not use your personal data for any purpose not covered by this Policy without prior notice and/or your prior consent.
This Policy applies to all services on the Platform. Before using the Platform, you should read this Policy carefully and seek independent legal advice if necessary. If you do not agree with or understand this Policy, please do not use or access the Services. By using the Services, you will be deemed to have fully agreed to this Policy and have acknowledged, understood, and agreed to be fully bound by it, including any modifications to it from time to time.
2. Definition
Confidential InformationThis refers to Identification Information, Third Party Information, and Usage Information.
「Company identification information」has the meaning given to it in Clause 3.2.
Digital Assetshas the meaning given in Clause 1.
Identification informationhas the meaning given to it in Clause 3.2.
"on the other hand"has the meaning given in Clause 1.
Personally Identifiable Informationhas the meaning given to it in Clause 3.1.
Personal Informationhas the meaning given to it in Clause 3.1.
"platform"has the meaning given in Clause 1.
"policy"Refers to the MERRILL Crypto Platform Privacy Policy.
"Serve"has the meaning given in Clause 1.
Third-party informationhas the meaning given in Clause 3.4.
Usage Informationhas the meaning given to it in Clause 3.3.
"user"has the meaning given in Clause 1.
3. How we collect and use your information
3.1 Personally Identifiable Information
When you create an account on the Platform, we collect certain personal information from you. If you are an individual user, we collect the following information from you, including but not limited to your:
(i) Full name;
(ii) Address (and permanent residence, if different). Your address (or permanent residence) will be verified in the manner specified by us;
(iii) Proof of address, including bank, brokerage and/or credit card statements, utility bills, mortgage statement and/or property tax statement;
(iv) a valid email address;
(v) Date of birth;
(vi) nationality;
(vii) identification information, such as your driver’s license number, social security or national identification number, passport number, or other government-issued identification;
(viii) a photo of you and your ID;
(ix) a copy of your official identification document, including passport, identity card (front and back) and/or other identification document issued by the relevant authorities;
(x) Such other information as we may ask you to provide or obtain from you from time to time.
If you log in using Google authorization, we will store your Google OpenID and Email and use this information to create an account. We will not share your Google information with other platforms.
The above is "Personally Identifiable Information".
3.2 If you are a legal entity rather than an individual, we will collect the following information from you, including but not limited to:
(i) Registration and establishment documents;
(ii) Articles of Association or Memorandum of Association;
(iii) equity structure and its description;
(iv) a resolution of the board of directors designating the authorized representative responsible for the account;
(v) Identification documents of directors, major shareholders and authorized representatives, including the identification information set out in Section 3.1(i) to (x) above. Generally, identification of shareholders holding 10% or more of the voting rights of the relevant entity is required;
(vi) registered office address; and
(vii) Such other information as we may request or obtain from you from time to time.
The above is "Company Identification Information" and together with "Personal Identification Information" are referred to as "Identification Information." You are obligated to update your Identification Information. We use your Identification Information for the following purposes:
(a) helping you register an account on the Platform;
(b) provide you with access to and use of the Services;
(c) to facilitate our communication with you;
(d) ensuring the security and safety of the Platform, including protecting the integrity of the Platform;
(e) assist us in any legal proceedings;
(f) enable us to comply with the legal and regulatory framework and combat money laundering and/or terrorist financing offences;
(g) sending marketing communications;
(h) for internal business and record keeping purposes; and/or
(i) such other purposes as we may deem necessary from time to time.
3.3 Usage Information
When you access and/or use the services on the Platform, we may collect certain information related to your use of the services, including but not limited to your:
(i) transaction information, including account balances, trading activity, deposits, withdrawals, and customer service communications;
(ii) bank account and debit/credit card information;
(iii) browser information, such as your IP address, domain name, login information, browser type and version, time zone setting, browser plug-in type and version, operating system and platform;
(iv) Log information, such as your device information, device manufacturer, system version, IMEI number, device fingerprint information, location, system activity, number and duration of visits, and page interactions;
(v) your communications with us;
(vi) any surveys you complete; and
(vii) other information we may collect from you from time to time.
The above is collectively referred to as "Usage Information". We may use Usage Information for the following purposes:
(a) ensuring the security of your account and its digital assets;
(b) provide you with a more convenient and personalized service experience;
(c) assist with any investigation or resolution of any potential disputes;
(d) improving service quality;
(e) manage the operation of the Platform;
(f) for data analysis of Platform usage; and/or
(g) such other purposes as we may deem necessary from time to time.
3.4 Third-party information
We may collect information from third parties related to you, which may include but is not limited to the following:
(i) your bank when making transfers to use the Services;
(ii) advertising, search and analytics providers;
(iii) public databases, credit bureaus and identity verification partners;
(iv) organizations that may investigate your use of the Services; and
(v) other information we may collect from you from time to time.
The above is collectively referred to as "Third-Party Information". Before obtaining third-party information, we will require the third party to obtain your consent before collecting such third-party information. We may use third-party information for the following purposes:
(a) assist with internal and/or external investigations;
(b) comply with our legal or regulatory obligations;
(c) Personal Data processing activities such as identity verification, payment processing, compliance with court orders, other reporting obligations, and anti-money laundering or countering the financing of terrorism policies; and
(d) such other purposes as we may deem necessary from time to time.
Before obtaining third-party information, we require third parties to obtain your prior consent in accordance with any applicable laws, rules, and regulations before collecting third-party information. We will protect third-party information with the same level of protection as personal data.
4. How we use cookies
When you use our services, we may use data files called cookies ("Cookies") stored on your device. We use Cookies to identify you as a platform user, collect information about your use of our services to provide you with customized services, and collect information about your device.
5. How we share, transfer or disclose your information
We must not disclose any confidential information to any third party, except as follows:
(i) to the extent required by applicable laws, rules and regulations;
(ii) comply with the requirements of relevant authorities;
(ii) there is a legal obligation to disclose such information;
(iii) disclosing such information is in our legitimate business interests;
(iv) the disclosure of such information is in compliance with the MERRILL Crypto Global Platform User Agreement and/or this Policy;
(v) the confidential information has been made public;
(vi) the operation of the platform requires disclosure of such information;
(vii) disclosure is necessary to protect the interests of the Platform and/or other users; and/or
(viii) at your request or with your consent.
We will endeavor to make such disclosures on a "need to know" basis and may disclose Confidential Information to the following parties ("Recipients"):
(a) any affiliates and subsidiaries;
(b) our service providers and business partners; and/or
(c) relevant authorities to assist them in their investigations.
If Confidential Information is disclosed pursuant to Section 5, the Receiving Party may store the Confidential Information on its own systems as necessary to comply with its legal or other obligations.
6. How we protect your information
We will take various measures to protect confidential information (hereinafter referred to as "protection measures"). These measures include:
(i) physical measures, such as ensuring that confidential information is stored in secure facilities;
(ii) electronic measures, such as imposing strict access requirements for access to confidential information;
(iii) Management measures, such as establishing an internal department to protect confidentiality systems, implementing internal controls to ensure that only relevant employees are allowed to access confidential information, and conducting training to ensure that relevant employees know how to handle confidential information;
(iv) security measures, such as using security technologies and management systems to minimize the risk of disclosure, damage, misuse and/or access to confidential information without proper authorization. We should adopt measures such as encryption to protect personal data when storing and transmitting personal data; and
(v) other measures, such as periodic review of the procedures and technology used to protect confidential information.
6.1 If you discover any potential security breach, please contact us so that we can take appropriate action as soon as possible. Despite our protective measures, we cannot guarantee the absolute security of confidential information. When you register for our services, please choose a complex password and turn on advanced security features such as two-factor authentication. Never share your account verification information with third parties. When necessary, we will anonymize and remove identifiers from confidential information.
6.2 We will store such Confidential Information for as long as reasonably necessary for the purposes set out in this Policy, or to enable us to comply with regulatory requirements to retain such Personal Data, in accordance with any applicable laws, rules and regulations, and may retain it until the expiry of any legal challenge period.
7. How you manage your information
Subject to applicable laws, rules and regulations, you may perform the following actions with respect to your Personal Data (“Management Requests”):
(i) obtain a copy of your personal data upon request;
(ii) ensuring your personal data is up to date and accurate;
(iii) delete your personal data with our consent;
(iv) authorize us to process your personal data, or withdraw such authorization;
(v) object to the processing of your personal data;
(vi) restrict the processing of your personal data; and/or
(vii) To the extent that the processing of any of your personal data is based on your consent, withdraw your consent to such processing.
If you contact us regarding any administrative request, we reserve the right to:
(a) requesting appropriate identifying information to verify your identity before processing your administrative request;
(b) If we believe your administrative request is unreasonable, we will charge you a fee to process your administrative request;
(c) If we believe that your management request cannot be fulfilled due to platform limitations, we will reject your management request;
(d) deny your management request if it is subject to applicable laws, rules or regulations;
(e) deny your management request if we are under a legal or other obligation not to comply with your management request;
(f) restricting your use of the Services if an administrative request prevents us from continuing to provide the Services to you; and/or
(g) If your management request will have an adverse impact on us, other users or the platform, we will reject your management request.
8. Anonymous and Aggregated Data
8.1 Anonymization is a data processing technique that removes or modifies personal data so that it cannot be associated with a specific individual. Except for this section, the rest of this Policy does not apply to anonymous or aggregated personal data (i.e., where we combine information about users so that it cannot be identified or referenced to an individual user).
8.2 We may use anonymous or aggregated customer data for any business purpose, including to better understand user needs and behavior, improve our products and services, conduct business intelligence and marketing, and detect security threats. We may analyze anonymous data ourselves or use analysis provided by third parties.
9. Transfer of Confidential Information Outside Your Country
By using these services, you consent to the transfer of your Confidential Information to other countries, including countries with different levels of privacy and data protection laws than your own. We will protect your Confidential Information in all such transfers as described in this Policy.
10. External Links
While we strive to include only safe and relevant external links, you should exercise caution before clicking on any external links. We cannot control, guarantee, or verify their content. They have their own policies and practices regarding privacy and personal data, and you should familiarize yourself with those policies and practices before continuing to access these external websites and applications.
11. How this Policy is updated
This Policy will be reviewed regularly to ensure that any new obligations and changes in the regulatory environment are taken into account. If there are any changes to this Policy, we will post the updated Policy on the Platform and revise the date of the last update. Your continued use of the Services after this Policy has been updated will be deemed your agreement to the updated Policy. If you disagree with any of the terms in the updated Policy, you should immediately cease accessing and/or using the Services.
