Privacy Policy
Version 15 June 2024
Please read this Privacy Policy carefully. By accessing or using our Services, you acknowledge that you have read, understood and agree to abide by all of the terms of this Privacy Policy and our Terms of Use. If you do not accept this Privacy Policy (and changes, supplements and/or amendments thereto), please do not use the Platform. In the event of a conflict between this version and the translated version (if applicable), the English version shall prevail.
This Privacy Policy (‘Policy’) forms part of the SMART MINING Cloud Services Terms of Use (‘Terms of Use’). Unless otherwise specified, terms used in this Policy have the same meaning as in the Terms of Use.CJSC SMART MINING is a closed joint stock company incorporated under the laws of the United Kingdom, with its legal address at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ (‘SMART’).
1. Introduction
1.1. This Policy applies to the SMART MINING Platform, including but not limited to https://smart-mining.co/ its sub-domains and associated mobile applications (such as associated iOS, Android and Microsoft applications) (the ‘Platform’).
1.2. By accessing or using the Platform, you acknowledge that you have read, understood and agreed to be bound by the policies, terms of use, refund policy and cookies policy posted on the Platform.
1.3. If you do not agree with any part of this Policy, please do not use the Platform. If you do not understand the provisions of this Policy or have any questions about its contents, please contact [email protected].
1.4. We may revise this Policy at any time without notice and will post the revised version of the Policy on PLATFORM (changes will not be retroactive). You hereby acknowledge that your continued use of the Platform constitutes your acceptance of such changes.
1.5. This Policy sets out the manner in which SMART MINING processes information collected from users of the Platform (‘Users’ or ‘You’).
1.6. personal data for the purposes of this Policy means information relating to an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by an identifier such as a name, an identifier, location data, an online identifier, or by one or more specific factors relating to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.7. processing of personal data means an operation or series of operations, whether by automated means or not, carried out on personal data or sets of personal data, such as collecting, recording, organising, constructing, storing, adapting or altering, retrieving, querying, using, making available by transmission, dissemination or otherwise, arranging or combining, restricting, erasing or destroying.
1.8. This Policy forms an integral part of the Terms of Use (as may be amended from time to time) published on PLATFORM for the operation of PLATFORM.
2. Legal Overview
2.1. The use of the Platform constitutes the User's acceptance of this Policy. Users have the right to withdraw their consent at any time; however, in some cases this may prevent them from participating or engaging in certain activities related to the Platform. Withdrawal of consent does not affect the legality of processing based on consent prior to its withdrawal.
2.2. Users may access the Platform anonymously.
2.3. The personal data collected allows us to keep you informed about the latest service and product announcements, software updates, etc. of SMART MINING.
2.4. By accepting this Policy, you consent to being contacted by us or our affiliates or third parties via email or SMS or push notification (or other forms of written communication), and you may unsubscribe at any time by contacting us.
2.5. Before allowing you to use the Platform, we may ask you to provide additional information to enable us to verify your identity and/or address, if required by applicable law. We may also obtain information about you from third parties such as identity verification services.
2.6. we are not required to accept you as a counterparty, including accepting you as a User, and we may not be able to accept you as a Client until all Know Your Client and Anti-Money Laundering documentation required by us (if required by applicable law) has been duly executed and received, we reserve the right to refuse any payment of any nature from you until we have received all necessary, properly completed and duly executed documentation.
2.7. We may share your data with our partner companies or contractors in order to provide services to you. By accepting this policy, you are giving us permission to share your data with our partner companies. For example, we may process your transactions
2.8 You hereby irrevocably declare that
You have read, understood, satisfied and fully accepted this Policy;
You confirm that the consent to the processing of personal data is free, clear, specific and without ambiguity;
You are familiar with the other legal documents published on PLATFORM, as well as the risk warnings and risk disclosures provided in any form on PLATFORM, and consider them to be an integral part of this Policy.
3. Privacy Statement
3.1. Unless otherwise stated in this Policy, we will in principle only collect the information required and will not share your personal data with any third parties.
3.2. We may collect the following data and information that your computer, mobile phone or other access device sends to us:
3.2.1 information you provide to us, including through the Platform (including, but not limited to, personal data such as your name, address, telephone number, email address and other details);
3.2.2. information provided by other companies who have your permission to share your information (including personal data) with third parties;
3.2.3. information about your interactions with adverts and services, e.g. registration, comments;
3.2.4. information that we collect (or may collect) using cookies;
3.2.5. your IP address;
3.2.6. emails or other information sent by users on the Platform;
3.2.7. information about the location of your device when you access and use the Platform;
3.2.8. device information, including, but not limited to, identifiers, names and types, operating systems, and other technical information about the user's access to the Platform;
3.2.9. other personal data, including but not limited to: personal webpage, gender, age and mobile phone number.
3.3. we may ask you to provide information that we determine, in our sole discretion, to be required under applicable laws, regulations and/or policies, and which you should provide if you intend to continue to use the Platform and/or to take up new services or possibilities within the Platform (i.e. it is not possible to continue to use the Platform without this information).
3.4. We may collect and use User Information (including Personal Data) for the following purposes:
3.4.1. to provide services through the Platform;
3.4.2. to improve SMART MINING's services;
3.4.3. crafting commercial versions of our Platform and SMART MINING services;
3.4.4. to promote the SMART MINING service (if necessary);
3.4.5. contacting users;
3.4.6. interacting with external networks and platforms;
3.4.7. for registration and authentication;
3.4.8. for processing payments;
3.4.9. for infrastructure monitoring
3.4.10. for managing contacts and sending messages
3.4.11. for analyses
3.4.12. for protection of the platform and users;
3.4.13. for interacting with support and feedback platforms;
3.4.14. for managing support and contact requests;
3.4.15. for user database management;
3.4.16. for running, maintaining and operating the platform (including providing services);
3.4.17. for risk management;
3.4.18. for conducting promotions, contests, surveys or other Platform functions;
3.4.19. to comply with applicable laws or bylaws;
3.4.20. to send Users information that they have agreed (or requested) to receive about topics that we believe will be of interest to them
3.4.21. send Users announcements relating to the Services (these communications are not promotional in nature).
3.5. if we subsequently intend to process your personal data for purposes other than those set out in paragraph 3.4, we will provide you in advance with relevant information about such processing, including your right to withdraw your consent to the processing of personal data for such purposes.
3.6. Your personal data will be processed in an adequate and relevant manner and only for the purposes necessary in relation to the purposes of processing referred to in paragraph 3.4.
3.7. Information is collected and processed through the operation of the Platform.
3.8. Personal data may be freely provided by the User or automatically collected usage data when using the Platform.
3.9. we do not sell, trade or rent Users' personal data to others.
3.10. We may share aggregated information with business partners, trusted affiliates and advertisers that is not related to any personal data of visitors and users.
3.11. We may disclose Users' personal data when we believe it is necessary to do so:
3.11.1. to comply with legal requirements or to respond to a subpoena, search warrant or other legal process served on us, whether or not applicable law requires a response;
3.11.2. by us for legal purposes, in a court of law or at a stage where legal proceedings may arise as a result of inappropriate use of the Platform or related services;
3.11.3. the disclosure of personal data in response to a request from a public authority;
3.11.4. to protect our rights; or
3.11.5. to protect the safety of the public and service users; or
3.12. By giving us affirmative consent for personal data processing you provide us with the right to share your personal data (in the scope limited to the necessary to disclose) with:
3.12.1. our banking partners;
3.12.2. other USERS – only for the purposes and to the extent necessary for normal SMART MINING services use or function (including for making ratings, etc.) related to the commercial use of SMART MINING services;
3.12.3. third parties, including its own subsidiaries and affiliated companies, which we may engage from time to time to preserve, analyze or otherwise store or manipulate data received*;
3.12.4. entities we plan to merge with or be acquired by;
3.12.5. third party identification services providers for fraud prevention purposes;
3.12.6. law enforcement, government officials, or other third parties when we believe in good faith that the disclosure of personal data is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of the legal documents published on the PLATFORM.
3.12.7. other third parties only with your prior consent or direction to do so.
3.13. We reserve the right to transfer personal data to a successor that has acquired such rights as a result of sale or substantial sale of all of our assets to that successor.
4. DATA STORAGE AND TRANSFER
4.1. We process personal data lawfully, fairly and in a transparent manner.
4.2. Within SMART MINING access to USER’s personal data shall be limited to a subset of employees who work on compliance and identity verification matters. In some cases, the data (including personal data of the USERS) may be accessible to certain types of persons in charge, involved with the operation of the PLATFORM (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT-companies, communications agencies) appointed by us.
4.3. We will collect personal data from USERS only if they voluntarily submit such information to us. By submitting your personal data, you agree to this transfer (including cross-border transfer), storing, or processing.
4.4. We and third parties engaged by us to store and process your personal data on the servers where its respective facilities or its service providers are located. We or such third parties may be located in countries where the laws on processing personal data may be less strict than in your country. We ensure that your personal data will be stored or processed only within countries that provide adequate protection of the rights of the subject of personal data.
4.5. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every effort to prevent such occurrences.
4.6. Any other particularly sensitive information (such as credit card numbers collected for commercial transactions) is encrypted prior to transmission to us by USER.
4.7. The data is kept for the time necessary to provide the services requested by the USER, or stated by the purposes outlined in this document, and the USER can always request us to suspend or remove the data.
4.8. We confirm that processing of personal data is carried out in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage with appropriate technical and organizational measures that are strictly necessary for processing of personal data.
4.9. We may be sometimes required to compare the personal data provided by the USER to third-party databases in order to verify its accuracy and confirm USER’s identity to comply with relevant regulations.
4.10. USERS are entitled, at any time, to know whether their personal data has been stored and can consult with us to learn about their contents, origin and other information regarding its processing.
5. CHANGES IN THE POLICY
5.1. From time to time we may make changes to this POLICY. If we make changes, we will post them on the PLATFORM to notify the USERS thereof.
5.2. A USER shall acknowledge and comply with all changes to the POLICY when using the PLATFORM after those changes are posted.
5.3. Further use of the PLATFORM (including by simply accessing and reviewing it) means that you accept and agree with any alterations made to this POLICY.
5.4. You acknowledge and agree that it is your responsibility to review the POLICY periodically and become aware of any modifications.
5.5. We will notify you about all the changes and amendments to this Privacy Policy via popup windows and/or notifications on this PLATFORM.
6. YOUR RIGHTS
6.1. You have the right to obtain confirmation as to whether or not your personal data is being processed, and, where that is the case, access to the personal data and the following information:
6.1.1. the purposes of the processing;
6.1.2. the categories of personal data concerned;
6.1.3. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
6.1.4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
6.1.5. the existence of the right to request from us rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
6.1.6. the right to lodge a complaint with a supervisory authority;
6.1.7. where the personal data are not collected from the data subject, any available information as to their source;
6.1.8. the existence of automated decision-making.
6.2. You have the right to obtain without undue delay the rectification of your inaccurate personal data.
6.3. Considering purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
6.4. You have the right to obtain from us the erasure of your personal data without any delay if any of the following grounds applies:
6.4.1. personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
6.4.2. you withdraw your consent on which the processing is based and there is no other legal ground for processing;
6.4.3. you object to the processing pursuant to sub-Clause 6.7 and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to sub-Clause 6.8;
6.4.4. personal data have been unlawfully processed;
6.4.5. personal data have to be erased for compliance with a legal obligation stated in the applicable law.
6.5. You have the right to obtain restriction of processing where one of the following applies:
6.5.1. accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;
6.5.2. processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
6.5.3. we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise, or defense of legal claims;
6.5.4. you have objected to processing pursuant to sub-Clause.
6.7 pending verification whether our legitimate grounds override yours.
6.6. You have the right to receive your personal data provided to us in a structured, commonly used, and machine-readable format and have the right to transmit those personal data to another entity.
6.7. You have the right to object at any time to processing your personal data when such processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority and for the purposes of legitimate interest pursued by us or a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data.
6.8. Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing your personal data for such marketing.
6.9. You have the right to lodge a complaint before the relevant data protection authority or supervisory authority.
7. YOUR RESPONSIBILITIES
7.1. You are responsible for the security of the login information, such as usernames and passwords, which give you access to your private information maintained by us.
7.2. Make sure you keep login information in a safe place and do not share it with others.
7.3. Please note that key-loggers, viruses, or other surveillance devices can intercept login information on the computers from which you access the PLATFORM, so you should take precautions regarding such devices, especially on public computers.
7.4. USERS are responsible for any third-party personal data obtained, published, or shared through the PLATFORM and confirm that they have the third party’s consent to provide the personal data to us. Hereby you indemnify us against any losses and/or damages that may occur in case of your default in having respective consent.
8. CHILDREN’S PRIVACY
If you are under 16 years old, you can’t use the PLATFORM and SMART MINING services. We do not knowingly solicit or collect information from anyone under 16 years old. If we become aware that a person under the age of 16 has provided us with personal information, we will delete it immediately.
9. CONTACT DETAILS
Any questions, comments, requests, or complaints concerning this Policy and other materials from the PLATFORM shall be directed to our legal help desk：[email protected].
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*In all such cases, such third-party service providers will be required to treat all such data with the same degree of care as we and they will be prohibited from disclosing such data to any other person or party, except as otherwise provided for in this Policy.