7. Disclosure of your personal data
As part of processing your personal data for the purposes set out above, Kraken may disclose your personal data to any members of the Kraken company group, and to third parties. For example, Kraken may disclose your personal data to any of our service providers and business partners, for business or other legitimate purposes, such as specialist advisors who have been contracted to provide us with administrative, financial, legal, tax, compliance, insurance, IT, debt-recovery, analytics, research or other services.
If Kraken discloses your personal data to service providers and business partners, in order to perform the services requested by clients or to comply with our legal and regulatory obligations, such providers and partners may store your personal data within their own systems. We require them to protect the confidentiality of this personal data, and comply with all relevant privacy and data protection laws.
8. Where we store your personal data
Our operations are supported by a network of computers, servers, other infrastructure and information technology, and third-party service providers. We and our third-party service providers and business partners store and process your personal data in the European Union, Japan, the United Kingdom, the United States of America and elsewhere in the world. Courts, law enforcement and security agencies of these jurisdictions may be able to use legal processes to access your personal data.
9. For UK & EEA clients: Transfers of personal data outside of the European Economic Area (EEA) and the United Kingdom (UK)
We may transfer your personal data outside the EEA and UK to other Kraken group companies, service providers and business partners. Transfers outside of the EEA or the UK (as appropriate) shall be in accordance with lawful transfer mechanisms. If personal data is transferred to a country which has been found by the European Commission to have an essentially equivalent standard of data protection to the EEA, then Kraken may rely on an ‘adequacy decision’ to transfer that personal data. See here for a list of countries with adequacy decisions. If personal data is transferred from the EEA or UK to the US, we may rely on standard contractual clauses.
10. Privacy when using digital assets and blockchains
Your use of digital assets may be recorded on a public blockchain. Public blockchains are distributed ledgers, intended to immutably record transactions across wide networks of computer systems. Many blockchains are open to forensic analysis which can lead to re-identification of transacting individuals and the revelation of personal data, especially when blockchain data is combined with other data.
As blockchains are decentralized or third-party networks which are not controlled or operated by Kraken, we are not able to erase, modify, or alter personal data on such networks.
11. Data retention
When personal data is no longer necessary for the purposes for which it may lawfully be processed, we will remove any details that will identify you, or we will securely destroy the relevant records. We may need to maintain records for a significant period of time after you cease being our client for legal or regulatory reasons, for example when we need to retain information to help manage a dispute or legal claim. Additionally, we are subject to certain anti-money laundering laws which may require us to retain the following for a period (e.g., 5 years) after our business relationship with you has ended:
- A copy of the records we used in order to comply with our client due diligence obligations;
- Supporting evidence and records of transactions with you, and your relationship with us.
If you have opted out of receiving marketing communications we will hold your details on our suppression list so that we know you do not want to receive these communications.
We may keep your personal data for longer than 5 years if we cannot delete it for legal, regulatory, or technical reasons.
13. Your rights regarding your personal data
The rights that are available to you in relation to the personal data we process are outlined below. You may request to exercise these rights subject to any limitations provided for under applicable data protection laws.
You can ask us to confirm whether we are processing your personal data and, if so, what information we process and to provide you with a copy of that information.
It is important to us that your personal data is up to date. We will take all reasonable steps to make sure that your personal data remains accurate, complete and up-to-date. Please inform us if your personal data changes. If the personal data we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If we have disclosed your personal data to others, we will let them know about the rectification where possible. If you ask us, and if possible and lawful to do so, we will also inform you with whom we have shared your personal data.
You may inform us at any time that your personal details have changed by emailing us at [email protected]. Subject to applicable law, Kraken will change your personal data in accordance with your instructions. To proceed with such requests, in some cases we may need supporting documents from you as proof i.e. personal data that we are required to keep for regulatory or other legal purposes.
You can ask us to delete or remove your personal data in certain circumstances. Such requests may be subject to any retention limits we are required to comply with in accordance with applicable laws and regulations. If we have disclosed your personal data to others, we will let them know about the erasure request where possible. If you ask us, and if possible and lawful to do so, we will also inform you with whom we have shared your personal data.
You can ask us to block or suppress the processing of your personal data in certain circumstances such as if you contest the accuracy of that personal data or object to us processing it. It will not stop us from storing your personal data. If we have disclosed your personal data to others, we will let them know about the restriction of processing if possible. If you ask us, and if possible and lawful to do so, we will also inform you with whom we have shared your personal data.
In certain circumstances you may have the right to obtain personal data you have provided to us, in a structured, commonly used and machine-readable format, and to re-use it elsewhere or ask us to transfer this to a third party of your choice, where technically feasible.
You can ask us to stop processing your personal data, and we will do so, if we are:
- Relying on our own or someone else’s legitimate interests to process your personal data except if we can demonstrate compelling legal grounds for the processing or for the establishment, exercise or defence of legal claims;
- Processing your personal data for direct marketing; or
- Processing your personal data for research unless we reasonably believe such processing is necessary for the performance of a task carried out for reasons of public interest (such as by a regulatory or enforcement agency).
Automated decision-making and profiling
If we have made a decision about you based solely on an automated process (e.g. through automatic profiling) that affects your ability to access our products and services or has another significant effect on you, you can request not to be subject to such a decision unless we can demonstrate to you that such decision is necessary for entering into, or the performance of, a contract between you and us. Even if a decision is necessary for entering into or performing a contract, you may contest the decision and require human intervention. We may not be able to offer our products or services to you, if we agree to such a request (i.e. end our relationship with you).
You have the right to complain to a competent data protection authority. Contact details are set out in Section 17 below. We ask that you first contact [email protected] to give us an opportunity to address any concerns.
You have the right to withdraw consent to processing based on consent at any time. Note this will not affect the lawfulness of processing based on consent prior to the withdrawal of consent or on grounds where consent is not required.
14. Changes to this privacy notice
Our privacy notice is reviewed regularly in light of new regulations, technologies, and any changes to our business operations. Any personal data we process will be governed by our most recent privacy notice. We will update the “Last updated” date accordingly at the beginning of this privacy notice. Please review this privacy notice from time to time. We will announce any material changes to this privacy notice on our website.
15. Our products and services are not available to children
Our products and services are not directed to persons under the age of 18 (herein, “Children”, “Child”) and we do not knowingly collect personal data from children. If we learn that we have inadvertently processed personal data from a child, we will take legally permissible measures to remove that data from our records. Kraken will require the child user to close his or her account and will not allow the use of our products and services. If you are a parent or guardian of a child, and you become aware that a child has provided personal data to us, please contact us at [email protected].
16. Contact information
Any questions, complaints, comments and requests regarding this privacy notice are welcome and should be addressed to [email protected]. You can also contact our Data Protection Officer at [email protected].
17. Data Protection Authorities
If you are not satisfied with our response to your complaint, you have the right to submit a complaint to a competent data protection authority. Examples of relevant data protection authorities are listed below:
For residents of Australia:
Office of the Australian Privacy Commissioner
GPO Box 5218,
Sydney, NSW 2001, Australia
For residents of Canada:
Office of the Privacy Commissioner of Canada
30, Victoria Street
Gatineau, QC K1A 1H3, Canada
For residents of the United Kingdom:
The Information Commissioner’s Office
Wycliffe House, Water Ln
Wilmslow SK9 5AF, UK
For residents of the European Economic Area:
You may complain to your local supervisory authority or to our lead supervisory authority the Irish Data Protection Commission:
Data Protection Commission
21 Fitzwilliam Square South
For clients of Kraken Futures (Singapore):
Personal Data Protection Commission
10 Pasir Panjang Road,
#03-01 Mapletree Business City Singapore 117438
18. Full details of Data Controllers
You are contracting with Kraken as follows:
- If you reside in Australia, you are contracting with Bit Trade Pty Limited, Unit 610, 478 George Street, Sydney, NSW 2000, Australia.
- If you reside in Canada, you are contracting with Payward Canada Inc., 30 Adelaide St East, 12th Floor, Toronto ON, M5C 3G8, Canada.
- If you reside in the UK, you are contracting with Payward Ltd., 6th Floor, One London Wall, London, EC2Y 5EB, United Kingdom.
- If you reside in the United States, you are contracting with Payward Ventures, Inc., 100 Pine St Suite 1250, Office 6, PMB A188, San Francisco, CA 94111, USA.
- If you reside in Italy you are contracting with Payward Europe Solutions Limited, 70 Sir John Rogerson’s Quay, Dublin 2, D02 R296, operating through its Italian Branch, Payward Europe Solutions Limited, Italian Branch, 21 Via San Marco, Milan, MI, 20121, Italy (for VASP Services). If you reside in Ireland or Belgium, you are contracting with Payward Europe Solutions Limited, 70 Sir John Rogerson’s Quay, Dublin Docklands, Dublin 2, Ireland, D02 R296 (for VASP Services). For all other clients located in the European Economic Area you are contracting with Payward International Markets Limited, Trinity Chambers, PO BOX 4301, Road Town, Tortola, British Virgin Islands.
- If you reside in Ireland, France, or the Netherlands you are contracting with Payward Ireland Limited (with respect to PIL Services only) with a registered office at 70 Sir John Rogerson’s Quay, Dublin Docklands, Dublin 2, Ireland, D02 R296.
- If you reside in the rest of the world you are contracting with Payward Trading Ltd., 2429 Wickhams Cay II, Tortola, British Virgin Islands, VG1110.
- If you are a client of Kraken Futures, you are contracting with either Payward Brokers Pte. Ltd., or Payward Global Trading Pte. Ltd., 8 Tomasello Boulevard, #15-04, Suntec Tower Three, Singapore 038988.
- The company you are contracting with is your Data Controller, and is responsible for the collection, use, disclosure, retention and protection of your personal data in accordance with our global privacy standards, this Privacy Notice, as well as any applicable national laws. We process and retain your personal data on our servers in multiple data center locations, including the European Union, Japan, Australia, the United Kingdom, the United States of America and elsewhere in the world.