“DP Law” means data protection law applicable to www.wintersweet.org, including the EU General Data Protection Regulation 2016/679, its successors or implementing texts. Personal Data” has the meaning set forth in DP Law. This notice covers our use of your personal data arising from use of the Wintersweet website (https://www.wintersweet.org) as well as registering / subscribing / buying / using our products and services. If you have any questions or need any further clarity please get in touch. Contact details are set out below in the Contact Us section.
- The types of Personal Data we collect and how it may be used;
- How and why we may disclose your Personal Data to third parties;
- The transfer of your Personal Data within and outside of the European Economic Area (“EEA”);
- Your statutory rights concerning your Personal Data;
- The security measures we use to protect and prevent the loss, misuse, or alteration of Personal Data; and
- www.wintersweet.org’s retention of your Personal Data.
We collect the Personal Data you provide directly to us or which we generate when you open a Gcapexchange Account, perform any transactions on the WS Platform, or use other WS Services or our website. This may include:
- Contact information, such as name, home address, and email address;
- Account information, such as username, password, account settings and preferences;
- Financial information, such as bank account numbers, bank statement, and trading information;
- Identity verification information, such as images of your government issued ID, passport, national ID card, or driving licence. Note: US residents may be asked to provide their social security numbers;
- Residence verification information, such as utility bill details or similar information;
- Information regarding the way in which you use our services, such as when you used our services and the specific services used; and
- Information relating to communications with us, whether through the WS website or via e-mail, over the phone or via any other medium.
We also automatically collect certain computer, device and browsing information when you access the WS website or use WS Services. This information is aggregated to provide statistical data about our users’ browsing actions and patterns, and does not personally identify individuals. This information may include:
- Computer or mobile device information, including IP address, operating system, network system, browser type and settings;
- Website usage information.
Finally, we may collect Personal Data from third party partners and public sources, which include:
- Reputational information;
- Financial information;
- Business activities of corporate customers.
It is important to note that the Personal Data we collect on you when you create an account will be retained for the mandatory retention period set forth by applicable law and as necessary for us to maintain an exhaustive documentation of our operations as required from us as regulated financial sector professionals, even if your account has not been successfully activated (e.g., if account verification has not been completed) or no transaction has been made using it.
The WS website is using cookies. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
We use third party service provider(s), to assist us in better understanding the use of our Site. Our service provider(s) will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our site, what products are browsed, and general Transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors’ interests in our Site and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using the Platform. Our service provider(s) is/are contractually restricted from using information they receive from our Site other than to assist us.
If you want to avoid using cookies altogether, you can disable cookies in your browser. However, disabling cookies might make it impossible for you to use certain features or our website or services, such as logging on to your WS Account or making transactions. Your use of our website or service with a browser that is configure to accept cookies constitutes an acceptance of our and third-party cookies.
If you want to avoid using cookies altogether, you can disable cookies in your browser. However, disabling cookies might make it impossible for you to use certain features or our website or Services, such as logging on to your WS Account or making Transactions.
For more information about cookies, the types of cookies we use and how we use them please see our Cookie Statement.
We collect and use your information for a variety of reasons. We need some information to enter into and perform our contract – for example your contact and payment details. Some information processing is required by law due to our anti-fraud screening obligations or in the public interest such as making sure we verify our customers’ identities.
Some information is processed because you’ve given your consent to that, which can be withdrawn in your account preferences and settings. Other information we collect and use because we have legitimate business interests to so, having taken into account your rights, interests and freedoms.
We may use your Personal Information to:
- Create and administer your WS account and generally for accounting, billing, maintenance of legal documentation and claim and dispute management. Related processing operations are necessary for the performance of a contract with you (or to take steps at your request prior to entering into a contract), and for compliance with legal obligations to which we are subject;
- Process your WS transactions. Related processing operations are necessary for the performance of a contract with you and for compliance with legal obligations to which we are subject;
- Personalise your WS Services experience. Related processing operations are necessary for purposes of our legitimate interests (that is, improving our services);
- Analyse WS website usage, and improve our website and website offerings. Related processing operations are necessary for purposes of our legitimate interests (that is, improving and promoting our services);
- Help us respond to your customer service requests and support needs. Related processing operations are necessary for the performance of a contract with you, and for purposes of our legitimate interests (that is, improving our services and offering you the best experience);
- Contact you about WS Services. The email address you provide may be used to communicate information and updates related to your use of the WS Services.
AUTOMATED DECISIONS MAKING
We may make automated decisions on certain matters. For example, we may do this to decide whether we can provide our services to you based on a credit check/risk profiling. Depending on the outcome of the credit check/risk profiling, a decision will be reached automatically as to whether we are able to provide products or services to you based on your credit worthiness.
If you disagree with the decision you are entitled to contest this by contacting us at following email address: email@example.com.
Wintersweet – AML/KYC Internal Policy
Wintersweet Anti-Money Laundering and Know Your Customer Policy (hereinafter – the “AML/KYC Policy”) is designated to prevent and mitigate possible risks of Wintersweet being involved in any kind of illegal activity.
Both international and local regulations require Wintersweet to implement effective internal procedures and mechanisms to prevent money laundering, terrorist financing, drug and human trafficking, proliferation of weapons of mass destruction, corruption and bribery and to take action in case of any form of suspicious activity from its Users.
AML/KYC Policy covers the following matters:
- Verification procedures.
- Compliance Officer.
- Monitoring Transactions.
- Risk Assessment.
1. Verification procedures
One of the international standards for preventing illegal activity is customer due diligence (“CDD”). According to CDD, Wintersweet establishes its own verification procedures within the standards of anti-money laundering and “Know Your Customer” frameworks.
1.1. Identity verification
Wintersweet’s identity verification procedure requires the User to provide Wintersweet with reliable, independent source documents, data or information (e.g., national ID, international passport, bank statement, utility bill). For such purposes Wintersweet reserves the right to collect User’s identification information for the AML/KYC Policy purposes.
Wintersweet will take steps to confirm the authenticity of documents and information provided by the Users. All legal methods for double-checking identification information will be used and Wintersweet reserves the right to investigate certain Users who have been determined to be risky or suspicious.
Wintersweet reserves the right to verify User’s identity in an on-going basis, especially when their identification information has been changed or their activity seemed to be suspicious (unusual for the particular User). In addition, Wintersweet reserves the right to request up-to-date documents from the Users, even though they have passed identity verification in the past.
Once the User’s identity has been verified, Wintersweet is able to remove itself from potential legal liability in a situation where its Services are used to conduct illegal activity.
1.2. Card Verification
The Users who are intended to use payment cards in connection with the Wintersweet’s Services have to pass card verification in accordance with instructions available on the Wintersweet’s Site.
2. Compliance Officer
The Compliance Officer is the person, duly authorized by Wintersweet, whose duty is to ensure the effective implementation and enforcement of the AML/KYC Policy. It is the Compliance Officer’s responsibility to supervise all aspects of Wintersweet’s anti-money laundering and counter-terrorist financing, including but not limited to:
- Collecting Users’ identification information.
- Establishing and updating internal policies and procedures for the completion, review, submission and retention of all reports and records required under the applicable laws and regulations.
- Monitoring transactions and investigating any significant deviations from normal activity.
- Implementing a records management system for appropriate storage and retrieval of documents, files, forms and logs.
- Updating risk assessment regularly.
- Providing law enforcement with information as required under the applicable laws and regulations.
The Compliance Officer is entitled to interact with law enforcement, which are involved in prevention of money laundering, terrorist financing and other illegal activity.
3. Monitoring Transactions
The Users are known not only by verifying their identity (who they are) but, more importantly, by analyzing their transactional patterns (what they do). Therefore, Wintersweet relies on data analysis as a risk-assessment and suspicion detection tool. Wintersweet performs a variety of compliance-related tasks, including capturing data, filtering, record-keeping, investigation management, and reporting. System functionalities include:
- Daily check of Users against recognized “black lists” (e.g. OFAC), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable;
- Case and document management.
With regard to the AML/KYC Policy, Wintersweet will monitor all transactions and it reserves the right to:
- ensure that transactions of suspicious nature are reported to the proper law enforcement through the Compliance Officer;
- request the User to provide any additional information and documents in case of suspicious transactions;
- suspend or terminate User’s Account when Wintersweet has reasonably suspicion that such User engaged in illegal activity.
The above list is not exhaustive, and the Compliance Officer will monitor Users’ transactions on a day-to-day basis in order to define whether such transactions are to be reported and treated as suspicious or are to be treated as bona fide.
4. Risk Assessment
Wintersweet, in line with the international requirements, has adopted a risk-based approach to combating money laundering and terrorist financing. By adopting a risk-based approach, Wintersweet is able to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate to the identified risks. This will allow resources to be allocated in the most efficient ways. The principle is that resources should be directed in accordance with priorities so that the greatest risks receive the highest attention.
We may also occasionally communicate company news, updates, promotions and related information relating to similar products and services provided by TradeToolsFX. We may also administer a contest, promotion, survey or other site features as will be more explained on the website. We shall only do this where you have given us your consent or otherwise where we are permitted to do so under DP Law in pursuit of our legitimate interests (that is, promoting our services).
We may share personal data with third parties to help us with our marketing and promotional projects, or sending marketing communications.
If you want to opt out of receiving promotional and marketing emails, text messages, post and other forms of communications from us [or our promotional partners] in relation to which you might receive in accordance with this section, you can best opt out by using one of the following ways:
- Log into your account and update your profile.
- Click “unsubscribe” at the bottom of an email we sent you.
- contact us at firstname.lastname@example.org to opt-out.
If you do opt out of receiving promotional and marketing messages, we can still contact you regarding our business relationship with you, such as account status and activity updates, survey requests in respect of products and services we have provided to you after you reserve from us, reservation confirmations or respond to your inquiries or complaints, and similar communications.
We may disclose your Personal Data to third parties and legal and regulatory authorities, and transfer your Personal Data outside the EEA, as described below.
There are certain circumstances where we may transfer your personal data to employees, contractors and to other parties.
- We may also share your information with certain contractors or service providers. They may process your personal data for us, for example, if we use a marketing agency. Other recipients/service providers include advertising agencies, IT specialists, database providers, backup and disaster recovery specialists, email providers or outsourced call centres. Our suppliers and service providers will be required to meet our standards on processing information and security. The information we provide them, including your information, will only be provided in connection with the performance of their function;
- We may also share your information with certain other third parties. We will do this either when we receive your consent or because we need them to see your information to provide products or services to you. These include credit reference agencies, anti-fraud databases, screening agencies and other partners we do business with.
Your personal data may be transferred to other third party organisations in certain scenarios:
- If we’re discussing selling or transferring part or all of our business – the information may be transferred to prospective purchasers under suitable terms as to confidentiality;
- If we are reorganised or sold, information may be transferred to a buyer who can continue to provide services to you;
- If we’re required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority – for example the Police;
- If we are defending a legal claim your information may be transferred as required in connection with defending such claim.
Your personal data may be shared if it is made anonymous and aggregated, as in such circumstances the information will cease to be personal data.
Your information will not be sold, exchanged, or shared with any third parties without your consent, except to provide WS Services or as required by law. WS’s third party service providers are contractually bound to protect and use such information only for the purposes for which it was disclosed, except as otherwise required or permitted by law. We ensure that such third parties will be bound by terms complying with DP Law.
We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:
- Compelled by court order, or other legal procedure.
- Disclosure is necessary to report suspected illegal activity.
We store and process your Personal Data in data centers around the world, wherever Wintersweet facilities or service providers are located. As such, we may transfer your Personal Data outside of the European Union. Some of the countries to which your personal data may be transferred for these purposes that are located outside the EU do not benefit from an adequacy decision issued by the EU Commission regarding protection afforded to personal data in that country. Details of these specific countries can be found here:https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. Such transfers are undertaken in accordance with our legal and regulatory obligations and appropriate safeguards under DP Law will be implemented, such as standard data protection clauses with data recipients or processors approved by competent authorities. A copy may be requested at the address set out in the Contact Us section.
You have certain rights concerning your Personal Data under DP Law as mentioned below, and can exercise them by contacting us at email@example.com.
Access: you are entitled to ask us if we are processing your information and, if we are, you can request access to your personal data. This enables you to receive a copy of the personal data we hold about you and certain other information about it to check that we are lawfully processing it. We process a large quantity of information, and can thus request, in accordance with DP Law, that before the information is delivered, you specify the information or processing activities to which your request relates.
Correction: you are entitled to request that any incomplete or inaccurate personal data we hold about you is corrected.
Erasure: you are entitled to ask us to delete or remove personal data in certain circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with claims.
Restriction: you are entitled to ask us to suspend the processing of certain of your personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
Transfer: you may request the transfer of certain of your personal data to another party.
Objection: where we are processing your personal data based on a legitimate interests (or those of a third party) you may challenge this. However we may be entitled to continue processing your information based on the our legitimate interests or where this is relevant to legal claims. You also have the right to object where we are processing your personal data for direct marketing purposes.
Automated decisions: you may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered.
You also have a right to lodge a complaint with a supervisory authority, in particular in the Member State in the European Union where you are habitually resident, where we are based, or where an alleged infringement of Data Protection law has taken place. In Estonia you can make a complaint to the Data Protection Inspectorate (DPI).
We use a variety of security measures to ensure the confidentiality of your Personal Data, and to protect your Personal Data from loss, theft, unauthorised access, misuse, alteration or destruction. These security measures include, but are not limited to:
- Password protected directories and databases;
- Secure Sockets Layered (SSL) technology to ensure that your information is fully encrypted and sent across the Internet securely;
- PCI Scanning to actively protect our servers from hackers and other vulnerabilities.
All financially sensitive and/or credit information is transmitted via SSL technology and encrypted in our database. Only authorised Wintersweet personnel are permitted access to your Personal Data, and these personnel are required to treat the information as highly confidential. The security measures will be reviewed regularly in light of new and relevant legal and technical developments.
You are responsible for keeping your account passcode, membership numbers and pin numbers safe and secure. Do not share those with anyone. If there is an unauthorised use or any other breach of security involving your information, you must notify us below as soon as possible.
- How long you have been a cp.zelcode.ru member;
- whether there are contractual or legal obligations that exist that require us to retain the data for a certain period of time;
- whether there is any ongoing legal or financial claim that relates to your relationship with us;
- whether any applicable law, statute, or regulation allows for a specific retention period; and
- what the expectation for retention was at the time the data was provided to us.
In accordance with our record keeping obligations, we will retain Account and other Personal Data for at least five years (and some up to ten years, as required by applicable law) after an Account is closed.
DP Law. means data protection law applicable to Wintersweet, including the EU General Data Protection Regulation 2016/679, its successors or implementing texts as well as equivalent legislation, which is applies to the processing of Personal Data by www.wintersweet.org.
Personal Data. Information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. Personal Data does not include anonymised and/or aggregated data that does not identify a specific user;
Service(s). The technological platform, functional rules and market managed by Wintersweet to permit Sellers and Buyers to perform purchase and sale transactions of Bitcoins.
Transaction. Includes the following:
- The agreement between buyer sand the sellers to exchange Bitcoins through the Service for currencies at a commonly agreed rate;
- The conversion of currencies into Bitcoins deposited by members on their account;
- The transfer of Bitcoins among members;
- The transfer of currencies among members; and
- The purchase of ancillary products.