Last updated: 16.05.2021, 20:01:00
- Important Information and Who We Are
- Data Controller
Refinable Limited is the controller and is responsible for the handling of your Personal Data.
- Contact Details
You have the right to make a complaint about the way we process your Personal Data to a supervisory authority. You may contact your local data protection regulatory authority. We would, however, appreciate the chance to deal with your concerns before you approach a data protection regulatory authority, so please feel free to contact us in the first instance.
- Types of Data We Collect
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data, including aggregated and de-identified data, that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.
We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:
- “Identity Data” including first name, last name, [and] username or similar identifier[, and date of birth].
- “Contact Data” including email address.
- “Financial Data” including cryptocurrency wallet address.
- “Transaction Data” including details about payments to and from you and other details of any transactions you enter into using our Services.
- “Technical Data” including internet protocol (IP) address, your login data, browser type and version, date/time stamp, time zone setting and location, browser plug-in types and versions, operating system and platform, clickstream data, Internet service provider (“ISP”), referring/exit pages, and other technology on the devices you use to access this Site.
- “Profile Data” including your username or similar identifier, cryptocurrency wallet address, product registration number, digital assets you list for sale or purchase or collect through the Site, past activity record, digital assets or user profiles that you bookmark or like, your interests, preferences, feedback, reviews and survey responses, comments you post in our community spaces, and information you decide to share via social networks.
- “Usage Data” including information about how you use our Site and Services.
- “Marketing and Communications Data” including your preferences in receiving marketing from us and our third parties and your communication preferences.
Please note that we do not collect any special categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
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 (for example, to provide you with the Service). In this case, we may have to cancel the provision of the Service to you or you may not be able to access the Service and we will notify you if this is the case at the time through a pop-up notification when you attempt to use the Service.
- How Your Personal Data is Collected
We use different methods to collect Personal Data and Anonymous Data from and about you, as described below.
- Information You Provide Us
- We may collect your Financial Data from you via the Site and/or the Service when you first subscribe to our Service by connecting your wallet or make use of any of our Services.
- We may collect your Identity and Contact Data from you via the Site and/or the Service when you subscribe to our publications or request marketing to be sent to you.
- If you provide us feedback or contact us via e-mail, we will collect your Identity and Contact Data, as well as any other content included in the e-mail, in order to send you a reply.
- We also collect other types of Personal Data that you provide to us voluntarily, such as your Technical and Profile Data, and other requested information if you contact us via e-mail regarding support for the Service.
- We may also collect Personal Data at other points in our Service that state that Personal Data is being collected.
- Information Collected via Technology
As you navigate through and interact with our Site and/or Service, we may use automatic data collection technologies to collect certain Technical Data about your equipment, browsing actions and patterns, including:
- Information Collected by Our Servers. To make our Service more useful to you, our servers (which may be hosted by a third-party service provider) collect Technical and Profile Data from you, including your browser type, operating system, IP address, domain name, cryptocurrency address, wallet type, and/or a date/time stamp for your visit.
- Log Files. As is true of most websites, we gather certain Technical Data automatically and store it in log files. This information includes IP addresses, browser type, ISP, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Service, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Service to our users’ needs. For example, some of the information may be collected so that when you visit the Site, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.
- Pixel Tag. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
- How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable users to opt out of tracking on our Site.
- Information Collected from Third Party Companies
We may receive Personal and/or Anonymous Data about you from companies that we partner with to provide our Service by way of a co-branded or private-labeled website or companies that offer their products and/or services on our Site. In particular, MetaMask and other cryptocurrency wallets provide us with your cryptocurrency address and certain other information you choose to share with them. These third party companies may supply us with your Personal Data such as Identity, Financial, Transaction and Profile Data. We may add this to the information we have already collected from you via our Site and/or Service in order to improve it.
- Information You Provide Us
- Use of Your Personal Data
- Legal Basis on which we Process your Personal Data We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances: For the provision of the Service. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Where we need to comply with a legal obligation. Generally, we do not rely on consent as a legal basis for processing your Personal Data although we will get your consent before sending third party direct marketing communications to you via e-mail or text message. You have the right to withdraw consent to marketing at any time by contacting us.
- Purposes for which We will use your Personal Data
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
- to identify you as a user in our system;
- to provide improved administration of our Service;
- to provide the Service you request, including but not limited to facilitating your cryptocurrency transactions through MetaMask (https://metamask.io) or other cryptocurrency wallets;
- to improve the quality of user experience when you interact with our Service;
- to evaluate system security and stability;
- to protect you and other users from any conduct that violates the Terms of Service or to prevent abuse or harassment of any user;
- to display your username or similar identifier next to the digital assets you wish to sell on the Site;
- to respond to your inquiries related to employment opportunities or other requests;
- in any other way we may describe when you provide the Personal Data; and
- to send newsletters, surveys, offers, and other promotional materials related to our Service and for other marketing purposes of Refinable.
We may also use your Personal Data to contact you about our own and third parties’ goods and services that may be of interest to you.
Here below we set out a description of all the ways we plan to use your Personal Data matched against the legal bases that we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Please 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 data. Please contact us 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/Activity Type of data Lawful basis for processing including basis of legitimate interest To register an account for you as a new user when you connect your wallet to our Service Financial Performance of a contract with you To process and deliver our Service to you including:
- Facilitating transactions and other interactions between creators, traders and collectors of digital assets
- Fulfilling orders
- Managing, processing, collecting and transferring payments, fees and charges, and royalties
- Collecting and recovering money owed to us
- Marketing and Communications
- Performance of a contract with you
- Necessary for our legitimate interests (for running our business and to recover debts due to us)
- To manage our relationship with you which will include:
- Asking you to leave a review or take a survey
- Keeping you informed of Refinable’s business and product development
- Providing customer support
- Responding to your requests and inquiries
- Marketing and Communications
- Performance of a contract with you
- Necessary to comply with a legal obligation
- Necessary for our legitimate interests (to keep our records updated and to study how users use our Service and how prospective users respond to our marketing campaign)
To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
- Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
- Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
- Marketing and Communications
Necessary for our legitimate interests (to study how users use our Service, to develop them, to grow our business and to inform our marketing strategy) To use data analytics to improve our Site, Service, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of users for our Service, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy) To make suggestions and recommendations to you about goods or services that may be of interest to you
- Marketing and Communications
Necessary for our legitimate interests (to develop our Service and grow our business) Relevant for individuals seeking employment at Refinable
- Performance of a contract with you
- Necessary for our legitimate interests (to develop and grow our business)
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Transaction, Usage and Profile 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.
You will receive marketing communications from us if you have requested information from us.
Change of Purpose
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us through the contact details indicated in section 1.3.
If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
For the purpose of this section:
“Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
“Performance of Contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
“Comply with a legal obligation” means processing your Personal Data where it is necessary for compliance with a legal obligation that we are subject to.
- Anonymous Data
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Service and improve Service navigation. We reserve the right to use Anonymous Data for any purpose and to disclose Anonymous Data to third parties without restriction.
- Disclosure of Your Personal Data
- Third Party Service Providers
We may share your Personal Data with third party service providers who we work with to provide you with the Service, as well as to conduct quality assurance testing, to facilitate the creation of accounts and/or to provide technical support.
- Corporate Restructuring
- As Legally Required
- Other Disclosures
We may also disclose your Personal Data to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide it, or with your consent. We do not sell your Personal Data.
- Third Party Service Providers
- Third Party Websites
- Third-Party Wallet Extensions
For conducting cryptocurrency transactions we use third-party electronic wallet extensions such as (but not limited to) MetaMask. Your interactions with MetaMask and/or any third-party electronic wallet extensions are governed by the applicable privacy policies.
- Your Choices Regarding Information
As a user of our Site and Service, you have several choices regarding our use and the disclosure of your personal information:
- Email Communications. We may periodically send you free, opt-in newsletters and e-mails that directly promote the use of our Service. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us at any time and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (our contact information is given in section 1.3 above). Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of your use of our Service, your participation in a transaction on our Site or other transactions or experience.
- Third-Party Marketing. We will get your express opt-in consent before we share your Personal Data with any third party for marketing purposes.
- Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we collect about you:
- The right to 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 and to check that we are lawfully processing it.
- The right to request that Refinable rectifies or updates Personal Data that we hold about you that is inaccurate, incomplete or outdated. However, we may need to verify the accuracy of the new data you provide to us.
- The right to request that Refinable erase your Personal Data in certain circumstances provided by law. 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.
- The right to object to Refinable processing your Personal Data 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 and freedoms.
- The right to request that Refinable restrict the usage or processing of your Personal Data in certain circumstances. This enables you to ask us to suspend the processing of your Personal Data in scenarios such as: 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.
- The right to request that Refinable export, if technically and legally feasible, your Personal Data that we hold in service to another company or to you. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- The right to 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 certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, you may contact Refinable as described in section 1.3 above. We take each request seriously, and will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data.
Please note that the Service employs smart contracts that collect information that is then stored on a blockchain that we do not control. If you use the Service, you are consenting to allow your information to be cryptographically transmitted and stored on that blockchain, and any deletion or modification of that information (to the extent possible on a blockchain) is governed by the terms of the relevant smart contract.
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 could refuse to comply with your request in these circumstances.
What We May Need from You
For your protection, we may need to verify your identity before responding to your request to 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. This may include verifying that the e-mail address from which you sent the request matches your e-mail address that we have on file. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit to Respond
We try to respond to all legitimate requests within one month. Occasionally it could 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.
- Data Retention
To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances we will anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
- Data Protection
We care about the security of your information and use physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our Site.
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with any applicable laws and regulations.
In addition, we also limit access to your Personal Data to those employees and third party partners who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- Age Restriction
The Service we provide is intended for those aged 18 years or older. We do not intentionally gather Personal Data from visitors under the age of 18. If a person under 18 submits Personal Data to Refinable and we learn that the Personal Data is the information of a child under 18, we will attempt to delete the information as soon as possible. If you believe that a person under 18 may be using our Service, or we might have any Personal Data from a person under 18, please contact us at our contact details indicated in section 1.3.
- A Note to Users Outside of Hong Kong
Hong Kong, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in Hong Kong, it may be accessed by government authorities in accordance with Hong Kong law.
To the extent that Refinable is deemed to transfer personal information outside of the EEA, we rely on the following legal basis to transfer your information:
Necessary for the Performance of the Contract between Refinable and its Users
Refinable provides a voluntary service; you can choose whether or not to use our Service. As we operate in countries worldwide and use first and third party technical infrastructure in countries and regions including but not limited to Hong Kong and the European Union to deliver our Service to you, we need to transfer your personal information to Hong Kong and to other jurisdictions as necessary to provide our Service to you. Simply put, we cannot provide you with our Service and perform our contract with you without moving your personal information around the world. For further information regarding the jurisdictions in which our first and third party technical infrastructure are located, please contact us through our contact details indicated in section 1.3.