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Last Updated: January, 2022
Introduction
Evolution41 Limited (“Evolution41”) respects your privacy and are committed to protecting your Personal Data (as defined in section 1 below). This Privacy Policy sets out how we collect, process, and store your Personal Data through our online services, our website (“Website”) www.evolution41.com and Android and iOS mobile applications (“App” and “Apps”), recipients of our emails, or when you otherwise interact with us. This Privacy Policy does not relate to your use of any other website or application (for further information please refer to the “Third-party links” section below). This Privacy Policy describes the types of Personal Data we obtain, how we use the Personal Data, and with whom we share it. We also describe your rights, how the law protects you, and how you can contact us about our privacy practices.
This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below.
IMPORTANT INFORMATION AND WHO WE ARE
1. Purpose of this Privacy Policy
This Privacy Policy aims to give you information on how Evolution41 collects and processes your Personal Data.
It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your Personal Data.
This Privacy Policy supplements other privacy policies and/or notices but is not intended to override them.
In this Policy, “Evolution41”, "we", "us" and "our" collectively refers to Evolution41 Limited, a company incorporated and registered in Gibraltar with company number 120491.
In this Privacy Policy, “Personal Data” means any information relating to you as an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an online identifier or to one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity. For the avoidance of doubt, Personal Data does not include data from which you cannot be identified (which is referred to simply as data, non-Personal Data, anonymous data, or de-identified data).
In this Privacy Policy, “processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Identity and the Contact Details of the Controller and the DPO
For the purposes of the Gibraltar General Data Protection Regulation (the “Gibraltar GDPR”) and the Gibraltar Data Protection Act (“the Gibraltar DPA”) Evolution41 is the Data Controller and is responsible for the Personal Data that we collect or that you provide to us.
If you have any questions or comments about this Privacy Policy or any issue relating to how we collect, use, or disclose Personal Data, or if you would like us to update information we have about you, or more general queries you can contact us at: info@evolution41.com. You can also contact us in writing using the following address:
Evolution41 Limited
[Insert postal address]
We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this Privacy Policy. You may contact our DPO by post, email or telephone at: [insert contact details].
2. THE DATA WE COLLECT ABOUT YOU AND HOW WE USE IT
We will only use your Personal Data when the law allows us to. There are different legal bases upon which we may rely on, and these will depend on the personal information in question and the specific context in which we collect it.
Most commonly, we will use your Personal Data under the following circumstances:
Where you have consented to the processing of your personal data for one or more specific purposes. For example, this may occur when you give us your consent to access your contacts on your phone or allow us to have access to your location.
You have the right to withdraw your consent at any time. To withdraw your consent just go to the Privacy Settings in our Apps or contact us by email at info@evolution41.com.
Where it is necessary to perform the contract which we are either about to enter or have entered into with you. For example, when you access our Website and/or Apps and use our online services you will firstly have to enter into a contact with us governing our relationship. This contract is called our ‘Wallet Terms of Use’ and is available at [insert link].
Where we need to collect Personal Data 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 our services under the contract we have or are trying to enter into with you (for example, to provide you with any of our services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
When we need to collect Personal Data by law. This means processing your personal data where it is necessary to comply with a legal obligation that we as the Data Controller are subject to (e.g., complying with anti-money laundering, counter-terrorist financing, and counter-proliferation financing obligations).
If you fail to provide that data when requested, we will not be able to perform our services under the contract with you (for example, to provide you with any of our products or services). In this case, we will have to cancel a product or service you have with us and we will notify you at that time.
Legitimate Interest means the broader stake that Evolution41 has in the processing, or the benefit that we derive from the processing, of your Personal Data. We may rely on our legitimate interests so long as your interests and fundamental rights are not overridden.
Where we rely on legitimate interests, we make sure that we consider and balance any potential impact on you and your rights before we process your Personal Data for our legitimate interests.
We have set out in a table format at the end of this Privacy Policy (see section 11), a description of all the ways we plan to use your Personal Data, and the legal basis 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 multiple legal reasons.
We are committed to providing you with choices regarding certain Personal Data uses, particularly around marketing and advertising. 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 receive third-party marketing communications at any time by contacting us at [insert contact details].
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 services and offers may be relevant for you (we call this “marketing”).
You can expect to receive marketing communications from us if you have requested information or purchased services from us and you have not opted out of receiving that marketing. Please note that you have the right to opt-out of marketing communications at any time and you may do so by contacting us at: info@evolution.com.
We will only use your Personal Data for the purposes for which we collected it. We will delete it after fulfilling the intended purpose or after expiration of the respective storage periods (please see section 7 below).
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.
Additionally, we may also process certain special categories of data such as criminal convictions and biometric data where we are lawfully permitted to do so and only for limited purposes such as fraud or money laundering/terrorist financing/proliferation financing prevention and detection. Apart from this, we do not collect any of the following special categories of Personal Data about you that 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 data.
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 a specific website or Mobile App feature. 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, and will only be used in accordance with this Privacy Policy.
3. HOW YOUR PERSONAL DATA IS COLLECTED
Information that you provide to us
Personal Data that you provide directly to us should be apparent from the context in which you provide it, for example, when you use our services we must collect your name, email address, and transaction information to complete your transactions. We will process Personal Data that you choose to provide to us through the Website and the Apps, including, but not limited to, your first and last name, physical address, email address, mobile device identifier, or transactional data (e.g., amount of funds associated with a transaction, the type of transaction executed, financial institutions, account information).
Information that we collect automatically
We use Personal Data that we collect automatically through cookies and action tags. We also use the information to help diagnose technical and service problems, administer our Website and Apps, and identify visitors to our Website and Apps.
Cookies: We use cookies on our website to collect data about your visit and to allow you to navigate from page to page without having to login each time, count visits, and see which areas and features of our Website and Apps are popular. The Type of data which we may collect using cookies includes usage data, and other information automatically collected from your browser or mobile device such as:
To learn more about the cookies that we use on our online services, our Website and our Apps, as well as to control your cookie settings, please read our Cookie Policy.
Action Tags: We may use action tags to identify some of the pages that you visit and how you use the content on those pages. Action tags collect and transmit this data in a manner that identifies you if you have registered with our website, and are logged into our Apps. We may also use action tags in our emails, to determine whether an email was opened or whether it was forwarded to someone else. When you use our Apps, we may use action tags where you are accessing websites from links in our Apps. These may identify the pages that you visit and how you use the content on those pages.
We use third party analysis tools to collect data about your device and internet connection. That information includes, but is not limited to, the IP address of your computer and/or internet service provider, geolocation, when you access our online services, our Apps, the Internet address of websites from which you link to our online services and from which you came to before landing on our online services, the browser that you are using and your movements on our online services. All of this information is used internally for the purposes of understanding how our online services are being used and to improve them. We also use the data collected via cookies to track the popularity of our online services.
We also use third-party analysis tools to collect data about your use of our Apps. The information collected identifies the types and timing of actions you take within our Apps, including installation, registration, uploading, and certain types of navigating. All of this information is used internally for the purpose of understanding how our Apps are being used and improving them. Clicking on those links or enabling those connections 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/policies. We accept no responsibility for the actions of these third-party websites. When you leave our online services, Website and/or Apps, we encourage you to read the privacy statements of every website and/or application you visit.
Your browser settings may allow you to transmit a “Do Not Track” signal to websites and online services you visit. Like many other websites and online services, we do not currently process or respond to “Do Not Track” signals from your browser or to other mechanisms that enable choice. If we do so in the future, we will describe how we do so in this Privacy Policy.
Information that we obtain from Third Parties and Publicly Available Sources
We [may OR will] receive personal data about you from various third parties and public sources including, but not limited to, social media, search engines, Gibraltar Companies House, and screening data vendors.
Third Party Links
In addition, please note that our Website and our Apps 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 online services, Website and/or Apps, we encourage you to read the Privacy Policy of every webpage or application you visit. We are not responsible for the security of any data you are transmitting over the Internet, or any data you are storing, posting, or providing directly to a third-party’s website, which is governed by that party’s policies. If you have further questions about security, you can contact us at: info@evolution.com or using details provided above at section 1.
4. INFORMATION WE SHARE; DATA TRANSFERS
We do not sell or otherwise disclose Personal Data that you provide to us or that we collect on our Website, our online services, or our Apps, except as described here:
Evolution41 is headquartered in Gibraltar. However, due to the nature of our global offering, we have operations throughout the world, including but not limited to, North America, South America and Asia. We transfer your data to countries outside the European Economic Area (“third countries”) to the extent that is necessary in order to perform our services requested by you.
Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Further details on these provisions can be obtained by contacting us at: info@evolution41.com.
5. SECURITY MEASURES
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. We have taken precautions to ensure the security of your data. The Personal Data you have entered on HTML pages (i.e., contact forms) and that is stored by us, shall be transmitted to Evolution41 in encrypted form (i.e., TLS - Transport Layer Security) via the public data network, and stored and processed at Evolution41.
In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties strictly needed under the provisions made within a service agreement signed with them. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality and a duty to comply with data protection procedures.
We have put in place procedures to deal with any suspected or actual Personal Data breach. We will notify you and any applicable authority of a Personal Data breach where we are legally required to do so.
6. PROTECTION OF MINORS
Evolution41 does not knowingly collect or solicit Personal Data from anyone under the age of 18. If you are under 18, please do not attempt to register for our services, Website or Apps, or send any Personal Data about yourself to us.
7. DATA RETENTION
We retain information about you in our databases for as long as your account is active, or for as long as reasonably necessary to fulfil the purposes we collected it for and to provide our services, and as required by applicable laws. Our retention and use of your information will be as necessary to comply with our legal, regulatory, tax, accounting, or reporting obligations and requirements, to resolve disputes, or complaints, and to enforce our agreements. 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 of our relationship with you.
To determine the appropriate retention period for your 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.
While retention requirements vary by jurisdiction, in determining the appropriate retention period for your 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.
Note that we may retain your Personal Data for more than one lawful basis depending on the specific purpose for which we are using your data and in certain circumstances, your information may be retained for longer periods due to the inherent nature of distributed ledger technology.
In some circumstances we will anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes. When information is anonymized, it ceases to be Personal Data and we may use it without further notice to you.
You may, in some circumstances, ask us to delete your data. Please see section 8 and ‘the right to erasure’ below.
8. YOUR RIGHTS AND CHOICES
Under certain circumstance you may enjoy certain rights under the data protection laws in relation to your Personal Data. These rights are as follows:
You have a right to be informed about the processing of your Personal Data. While this Privacy Policy intends to provide you with this information, you can contact us using the details found below to request any further information to access your Personal Data.
You have the right to have any inaccurate Personal Data about you rectified and to have any incomplete Personal Data about you completed.
The accuracy of your information is important to us. If you do not want us to use your Personal Data in the manner set out in this Privacy Policy or need to advise us of any changes to your Personal Data, or would like any more information about the way in which we collect and use your Personal Data, please contact us using the details found below.
You have a general right to request the erasure of your Personal Data in the following circumstances:
We will proceed to comply with an erasure request without undue delay and to such extent we are able to do so, unless continued retention is necessary for:
Please also note that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Please be aware that where we comply with a request for erasure of your Personal Data, we will need to close your Evolution41 account and this action is not reversible and by requesting us to erase your data we are not able to provide Evolution41 services to you any longer. However, this will not affect the lawfulness of any processing carried out before you requested erasure of your data.
However, when interacting with the blockchain we may not be able to ensure that your Personal Data is deleted.
You have a right to request to restrict processing of your Personal Data, such as where:
Depending on the type of processing you request to restrict, please be aware that by doing so, we may need to close your Evolution41 account and this action is not reversible and by requesting us to stop processing your data we are not able to provide Evolution41 services to you any longer. However, this will not affect the lawfulness of any processing carried out before you requested to restrict processing.
Where the legal basis for our processing is your consent, or the processing is necessary for the performance of a contract to which you are party of, or in order to take steps at your request prior to entering into a contract, you have a right to receive the Personal Data you provided to us in a structured, commonly used and machine-readable format.
You have a choice about whether or not you wish to receive information from us.
We will not contact you for marketing purposes unless you have an existing business relationship with us to offer you similar services, and we rely on our legitimate interests as the lawful basis for processing.
On each and every marketing communication, we will always provide an option for you to exercise your right to object to the processing of your Personal Data for marketing purposes (known as ‘opting-out’) by clicking on the ‘unsubscribe’ button on our marketing emails or choosing a similar opt-out option on any forms we use to collect your Personal Data.
Please note that any administrative or service-related communications (to offer our services or notify you of an update to this Privacy Policy or applicable terms and conditions, etc.) will solely be directed at our clients or business partners, and such communications generally do not offer an option to unsubscribe, as they are necessary to provide the services requested. Therefore, please be aware that your ability to opt-out from receiving marketing and promotional materials does not change our right to contact you regarding your use of our Services, Website and/or Apps or as part of a contractual relationship we may have with you.
Where we rely on a legitimate interest you may wish to object to us processing your Personal Data on that ground if you feel it impacts on your fundamental rights and freedoms.
You also have a right to access information we hold about you. We will endeavour to provide you with details of your Personal Data that we hold or process and to provide this data in a machine-readable form. To protect your Personal Data, we follow established disclosure procedures, which means that we will require proof of identity from you prior to providing such information. You can exercise this right at any time by contacting us using the details found below.
Where the legal basis for processing your Personal Data is your consent, you have the right to withdraw that consent at any time by contacting us using the details found below.
Please be aware that by doing so, we will need to close your Evolution41 account and this action is not reversible and by requesting us to stop processing your data we are not able to provide Evolution41 services to you any longer. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
If we have not responded to you within a reasonable time or if you feel that your complaint has not been resolved to your satisfaction, without prejudice to any other administrative or judicial remedy, you are entitled to make a complaint to the Information Commissioner under the Gibraltar Data Protection Act 2004 (i.e., the Gibraltar Regulatory Authority (“GRA”)). The GRA is the supervisory authority in Gibraltar for data protection issues. For further information on the GRA please use the following weblink: https://www.gra.gi/data-protection. You may contact the GRA using the following details:
Gibraltar Regulatory Authority
2nd Floor, Eurotowers 4
1 Europort Road,
Gibraltar
Email: info@gra.gi
Phone: (+350) 200 74636
Fax: (+350) 200 72166
We would, however, appreciate the chance to deal with your concerns before you approach the Gibraltar Regulatory Authority or supervisory authority in the country of your legal residence, place of work, or the place where you allege an infringement of one or more of our rights has taken place so please contact us in the first instance at info@evolution41.com.
For further information on yours rights, including the circumstances in which they apply, please contact us at: info@evolution41.com.
You can exercise any of the above rights free of charge by contacting us at: info@evolution41.com. The rights set out above may be subject to limitations and exceptions. We will provide reasons if we are unable to comply with any request for the exercise of your rights.
9. UPDATES ON OUR ONLINE PRIVACY POLICY
We keep our Privacy Policy under regular review, and we will update it to reflect any changes.
Changes to this Privacy Policy may become necessary as we develop our services, Website, Apps, to implement new legal requirements or new technologies and/or to improve the services we provide. If we change our Privacy Policy in the future, we will post the revised version on our website www.evolution41.com together with the version number and date of change. It is your responsibility to review the Privacy Policy when you use our Website and our Apps.
Your duty to update your data
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 by contacting us at info@evolution41.com.
10. Data Protection Principles
We will comply with data protection law and principles, which means that your data will be:
11. Purposes and legal basis for which we will use your personal data
Type of Data
Purpose/Activity
Lawful basis for processing including basis of legitimate interest.
Submitted information:
Full legal name
Nationality/Citizenship
Avatar
User identification/Passport photo
Address
Proof of Address
Proof of source of funds/bank statement
Tax declaration
Payslip
Country of Residence
Country of Citizenship
Passport Issue Date
Passport Expiration Date
Email address
Phone number
Liveness Selfie
Date of Birth
To verify your identity and liveness, to comply with financial crime, and anti-money laundering/combating the financing of terrorism/ combating proliferation financing laws, protect against fraud, and to confirm your eligibility to use our services.
A legal obligation and our legitimate interest, such as the prevention of fraud, misuse of services, or money laundering
Fulfilling contracts
To notify you about changes to our service and Privacy Policy.
Our legitimate interest, such as to be efficient about how we meet our obligations and comply with regulations that apply to us.
To comply with a model of automatic exchange of financial account information between tax authorities.
A legal obligation to cooperate with tax authorities.
To carry out our contractual obligations arising from any transactions that you conduct.
Our legitimate interest, such as to add extra functions in order to provide a better experience.
To provide you with information updates about our services.
Fulfilling contracts.
User content:
Customer Service and marketing communications and recommendations.
Ratings and other content that you provide
To carry out our contractual obligations arising from any transactions and any placement of buy or sell Bitcoin orders.
Fulfilling contracts
To provide a homogenous experience for users on the platform.
Our legitimate interest to improve product services.
To facilitate real time social interactions through our Apps.
Your consent.
To communicate with customers and potential customers via SMS to notify them of critical and important actions which need to be taken.
Our legitimate interest to ensure customers take action on critical requests.
Transactional Data
Transaction Amount
Evolution41 Internal Originator Data
Evolution41 Internal Approver Data
Account Number
Beneficiary Data
User ID or Account/Routing Number
Destination User or Institution
BTC Receiving Address
To carry out our contractual obligations arising from any financial transactions.
Fulfilling contracts.
To comply with financial crime and anti-money laundering/combating the financing of terrorism/ combating proliferation financing laws.
A legal obligation and our legitimate interest, such as the prevention of fraud and money laundering and the performance of a task carried out in the public interest.
To comply with a model of automatic exchange of financial account information between tax authorities.
A legal obligation to cooperate with tax authorities.
Device information:
Browser type and version
Time zone setting
IP address
Operating system
Type of mobile
Unique device identifier
To verify your identity, comply with financial crime laws, tax laws, protect against fraud and to confirm your eligibility.
A legal obligation.
To administer, improve and secure our Evolution41 Website and Apps for internal operations.
Our legitimate interest to provide and improve our products and services, including our Apps and Website.
Geolocation information:
Information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, etc.
To maintain your eligibility as a Evolution41 user.
Fulfilling contracts.
To simplify the verification of your registered address during the onboarding process.
Our legitimate interest to improve our customers’ experience.
To verify users’ location while using our services to combat financial fraud or other fraudulent use of services.
Our legitimate interest, such as the prevention of fraud, other fraudulent use or misuse of services.
To provide you with location-specific options, functionality, search results, or other location-specific content.
Your consent and our legitimate interest to improve our visitor guidance experience and supply a value-added service to users.
Respond to Customer Inquiries
Recording of customer placed voice mails
To respond to customer inquiries.
Our legitimate interest to improve customer support.
Marketing Campaigns (New Leads and Responses to Surveys)
Email address
Full legal name
Country of Residence
To provide you with information regarding Evolution41 products and services.
Your consent.
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