INTRODUCTION
RockWallet LLC, a Delaware limited liability company, with an address at 1000 North West Street, Suite 1200, Wilmington, Delware, 19801 (“RockWallet, “we”, “us”, “our”, “ours”) respects your privacy and is committed to protecting it. This Privacy Policy (“Policy”) governs the manner in which we look after your personal data when you access our services, which include content on our website www.rockwallet.com, or any other websites, pages, or content we own or operate (collectively, the “Site(s)”) regardless of where you visit it from, or when using our mobile app, API or third-party applications relying on such API, and related services (collectively, the “Services”), and informs you about your rights and how the law protects you.
- IMPORTANT INFORMATION AND WHO WE ARE
This Policy aims to give you information on how we collect and process your personal data through your use of the Sites, including any data you may provide through the Sites when you use any of our Services.
Our Services are not intended for any person under the age of 18 (“Children”), and we do not knowingly collect data relating to Children. If you learn that we have collected personal data of Children, please contact us as soon as possible so that we make take steps to delete the information.
RockWallet is the controller and responsible for your personal data, a company registered as a Money Services Business (MSB) and included in the MSB Registrant Search Web page, pursuant to the Bank Secrecy Act (BSA) regulations administered by the Financial Crimes Enforcement Network (FinCEN).
You have the right to make a complaint at any time to your relevant data protection authority. We would, however, appreciate the chance to deal with your concerns before you approach such authority, so please contact us in the first instance.
Our Sites may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy policy of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity data may include your first name, last name, username or similar identifier, title, date of birth, and gender.
- Contact data may include your billing address, email address, and telephone number(s).
- Financial data may include your bank account details, payment card details, and/or cryptocurrency wallet address(es), balances and transactions.
- Transaction data may include details about payments to and from you and other details of products and services you have purchased from us.
- Technical data may include internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Sites and Services.
- Profile data may include your username and password, purchases or orders made by you, your trading performance, your preferences, feedback, and survey responses.
- Usage data may include information about how you use the Site(s), and the Services.
- Marketing and Communications data may include your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing specific features on our Sites. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Policy.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, gender, 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 offenses.
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 provide our Services to you.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your identity, contact and financial data by filling in online forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion, or survey; or
- give us feedback or contact us.
Automated technologies or interactions. As you interact with the Sites, we will automatically collect technical data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical data from the following parties:
- analytics providers;
- advertising networks; and
- search information providers
- Contact, financial and transaction data from providers of technical, payment, and delivery services
- Identity and contact data from data brokers or aggregators
- Identity and contact data from publicly available sources.
4. HOW WE USE 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:
- Where it is needed to perform any of the Services.
- 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 email 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
We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
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 grounds we are relying on to process your personal data where more than one ground has been set out in the table below (“Table 1”).
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Purpose/Activity |
Type of data |
Lawful basis for processing including basis of legitimate interest |
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To register you as a new customer |
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Performance of a contract with you |
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To process and deliver your order including managing payments, fees, and charges |
|
|
|
To manage our relationship with you which will include:
|
|
|
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To enable you to partake in a competition or complete a survey |
|
|
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To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
|
|
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To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
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Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
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To use data analytics to improve our Site, products/services, marketing, customer relationships and experiences |
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Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy) |
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To make suggestions and recommendations to you about goods or services that may be of interest to you |
|
Necessary for our legitimate interests (to develop our products/services and grow our business)
|
MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
PROMOTIONAL OFFERS FROM US
We may use your identity, contact, technical, 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 or use any of our Services and you have not opted out of receiving that marketing.
THIRD-PARTY MARKETING
We will get your express opt-in consent before we share your personal data with any third-party for marketing purposes.
OPTING OUT
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us in connection with use of any of our Services.
COOKIES
You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Site may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
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.
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.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the parties set out below for the purposes set out in Table 1 above.
- Internal third parties (other affiliated companies acting as joint controllers or processors that provide technical, marketing, and/or project management services).
- External third parties (service providers or professional advisers acting as processors).
- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
To help prevent and mitigate fraud in connection with our ACH onramp rails, we utilize Plaid, Inc. (“Plaid”) to perform third party identity verification services. Plaid may connect your RockWallet account with your bank account, verify your bank account, confirm your bank account balance, and access your recent bank account transaction history prior to approving a transaction. Information shared with Plaid is treated by Plaid in accordance with its Privacy Policy, available at https://plaid.com/legal/#end-user-privacy-policy. By using the Services, you consent and authorize RockWallet and Plaid to act on your behalf to access and transmit your personal and financial information from your bank.
6. INTERNATIONAL TRANSFERS
We share your personal data with internal third parties. This will involve transferring your data to other countries than your country of nationality or residence.
We ensure your personal data is protected by requiring all our affiliated companies to follow the same rules when processing your personal data.
Whenever we transfer your personal data, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- Where we use providers based in Europe, we may use specific contracts approved by the European Commission. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties 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.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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 unauthorized 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.
When we no longer have a legitimate business or regulatory need to retain or process your personal data, we will either delete or anonymize the date.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data:
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.
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.
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.
Object to processing of 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 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.
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.
- 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, 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.
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, please contact us.
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 provided for under this Policy). However, we may charge a reasonable fee if your request is deemed by us to have no foundation, inaccurate, abusive, or unreasonable.
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.
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.
REVIEW/MODIFICATION OF THIS POLICY
We endeavor to keep our Policy under regular review. Accordingly, we may update this Policy from time to time to respond to updates in legal, technical, or business requirements and developments. The date of the last update to this policy is listed above. If we make any material changes, we will notify you based on the contact information provided from your account with us, or as otherwise required by law, and post the updated Policy on our Sites. We encourage you to review the privacy policy regularly. By continuing to use our Services after this Policy has been updated, you confirm that you agree to the modifications to the Policy. If you do not agree with the changes to this Policy, you must immediately stop using our Services and close your account within 30 days of the change.
YOUR DUTY TO INFORM US OF CHANGES
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
10. LEGAL RIGHTS OF CALIFORNIA RESIDENTS
In addition to the legal rights provided above, in compliance with the California Privacy Act of 2018 (“CCPA”), residents of California may contact us at legal@RockWallet.com to request information on the types of personal information that we have disclosed during the preceding 12 months to third parties for their direct marketing purposes and the identities of those third parties.
For personal information collected by us during the preceding 12 months that is not otherwise subject to an exception pursuant to the CCPA, you have the right to access, correct and delete your personal information, and we hereby declare that we shall not discriminate against those who exercise those rights. Specifically, we shall not:
- deny you our services;
- charge you differently;
- provide you with a different level of quality of services; or
- suggest that you may receive a different price or rate for services or a different level or quality of services.
We further declare that we do not sell your personal information in our ordinary course of business and will never sell your personal information to third parties without your explicit consent.
If you seek to exercise CCPA access or deletion rights on behalf of another person, you must confirm that the person has authorized you to act as their agent under the CCPA by providing us with a completed, signed, and notarized CCPA Agent Authorisation Form pursuant to California Probate Code Section 4000 to 4465. Please note that we may deny requests from agents who do not submit the relevant proof of authorization or agents we are unable to verify their identity.
Under the CCPA, you have the right, if certain parts of your personal information are part of a data security breach, to initiate a private cause of action.
You have the right to limit our use of sensitive personal information (“SPI”) to what is necessary or reasonably expected of us in order to perform the Services. If we use SPI beyond what is necessary to provide the Services, we shall provide you notice of the additional purposes for our use of SPI and remind you of your right to request that we limit the use of the SPI.
SPI is a subset of personal information that reveals (i) your social security number, driver’s license number, state identification card or passport number; (ii) your account log-in, financial account information, debit or credit card number in combination with any password or access code to grant access; (iii) your precise geolocation; (iv) your racial or ethnic origin, religious or philosophical beliefs, or union membership; (v) the content of your mail, email or text messages unless we are the intended recipient of said communications; and (vi) your genetic data.
11. CONTACT US
If you would like to ask us about, make a request relating to, or complain about how we process your personal information, you can contact us by email at legal@RockWallet.com, by calling us at [INSERT PHONE] or by sending a letter to 1000 North West Street, Suite 1200, Wilmington, DE 19801.
Last Updated: January 5, 2023