Aspen Digital Privacy Policy
At Aspen Digital, your privacy is very important to us. Aspen Digital (“Aspen Digital”, “we”, or “us”) is committed to protecting the privacy of our customers, and this policy applies to the online products and services offered by Aspen Digital (collectively, “Aspen Digital Services”) and shall form part of the User Service Agreement.
This Privacy Policy describes how Aspen Digital and its affiliates (referred to as “we”, “our” or “us” in this policy) will collect, make use of and share (i.e. “process”) your personal data in connection with the Aspen Digital websites, mobile apps and services.
What personal data do we process?
We process personal data about you when you interact with us, our websites, our apps or our services. This includes:
  • your name, email address, username, password and other login and/or security details (e.g. app passcode, two-factor authentication token seed record, public PGP key), and login records;
  • your payment details, including your wallet address(es);
  • your account and portfolio details, such as live and historical instructions, trades and balances;
  • your account preferences;any personal data you submit for ID verification purposes, and your self-reported location (including browser location and other proof of address information) plus the geolocation of the IP address you connect from;
  • your marketing and other communication preferences, and a record of any consents you have given us;
  • information related to the browser or device you use to access our website or apps, as well as data that tells us which features of the website or app are popular, or suffer from issues we need to fix;
  • the content and details (e.g. date) of messages you send us (e.g. customer support queries); and
  • customer service notes and other records.
    • We will aim to mark data fields as optional or mandatory when collecting personal data from you via forms. Note, in particular, that to create an account, engage in transactions, and where necessary, prove your identity, the provision of personal data is typically mandatory: if relevant data is not provided, then we will not be able to do these things and provide the services you expect.
    We do not collect fingerprints, facial recognition data, or other biometrics, other than photos and/or videos of yourself and/or your photo ID that you submit during our ID verification processes and which may be processed by facial recognition software for that purpose. Where you enable biometric security (such as fingerprint or Face ID login), your biometrics will be handled by your device, not by us.
How do we use this personal data, and what is the legal basis for this use?
We process this personal data for the following purposes:
To fulfill (or take steps linked to) a service agreement with you. This includes:
  • creating your account;
  • verifying your identity;
  • taking deposits and fees, and paying out withdrawals;
  • allowing you to make trades, maintaining your account and trading history;
  • communicating with you; and
  • providing customer services;
  • As required by the Company or third parties to conduct their business and pursue their other legitimate interests, in particular:
  • to provide services you have requested;
  • to monitor, improve and protect the services on our website and mobile apps, in particular by looking at how they are used, testing alternatives (e.g. by “A/B testing”, and running “beta” version trials), and by learning from feedback and comments you provide;
  • to personalise our website, apps and services;
  • by publishing de-identified records of market data, including trading records for third party monitoring and research purposes;
  • to monitor customer accounts to prevent, investigate and/or report misconduct such as spam, misrepresentation, security incidents, market manipulation or crime (such as fraud), in accordance with applicable law, and to cooperate with authorities seeking to do the same;
  • to investigate any complaints received from you or from others;
  • in connection with legal claims, compliance, regulatory or investigative purposes (including disclosure in connection with legal process or litigation); and
  • to invite individuals to take part in market research and beta tests.
  • Where you give us consent (so far as that consent is required):
  • we will send you direct marketing in relation to our relevant products and services, or other products and services provided by us and carefully selected partners;
  • we place cookies, monitor email engagement, and use other similar technologies in accordance with our Cookies Notice and the information provided to you when those technologies are used;
  • on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
  • For purposes which are required by law, in particular: in response to requests by relevant courts and public authorities, such as those conducting an investigation.
Fully-automated decision-making that could have significant effects on you
As the service documentation on our site and our terms of service explain, our Mobile App applies certain automatic processes based on the resources on your account.
Other significant automated decision-making that uses your personal data may also be employed, to protect accounts and to uphold our terms of service. In particular, if you attempt to access our services from a jurisdiction in respect of which our services are restricted, your account may be automatically restricted. In addition, if the information provided during any identity verification or onboarding process (including self-reported information, information that is derived from your ID document, proof of address, or any other document provided by you, or your IP address or browser location information) suggests that you may be in breach of our terms of service or may have provided false or inaccurate information, your account may be automatically restricted. You may contact customer support to review any restrictions applied to your account; as part of this, you may be asked to provide additional proof of identity and/or location, or other documentation with respect to your identity and/or account. During an account lockout, you may be unable to access your account, make any trades, or given or amend any instructions.
Withdrawing consent or otherwise objecting to direct marketing
Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send or display marketing without your consent. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, changing your account settings, or by contacting us using the details set out below.
Who will we share this data with, and where?
We will share your personal data with our affiliates so they can help deliver and improve our services, run our business, and comply with our legal obligations and related third party requests.
Personal data may be shared with courts or public authorities if required as described above, mandated by law or regulation, or required for the legal protection of our or third party legitimate interests, in compliance with applicable laws and regulations, and relevant / competent public authorities’ requests.
Personal data will also be accessed by employees or contractors, or shared with third party service providers, who will process it on our behalf for the purposes identified above. In particular, we use third party database hosting (primarily Aliyun); web and app analytics (i.e. Google Analytics); ID verification (primarily Onfido); and customer services and support (primarily Hubspot).
In the event that the business is sold or integrated with another business, your details will be disclosed to our advisers and any prospective purchaser’s advisers, and to the new owners of the business.
Your rights
Depending on applicable law (in particular, whether the laws of the UK or EEA countries apply), you may have the right to ask us for a copy of personal data about you; to correct or delete that personal data; restrict the processing of that personal data; and to obtain a copy of personal data about you that you provided to us (in connection with our agreement with you, or with your consent), in a structured, machine readable format, and to ask us to port this data to (i.e. share that data with) another organization.
In addition, applicable law may provide the right to object to the processing of personal data about you, in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).
You have the right to appeal the result of significant fully automated decisions. This should be done by emailing us within 5 working days from the date of the decision, which we will then review.
If these rights apply, they may however be limited, for example if fulfilling your request would reveal personal data about another person, would infringe the rights of another person or legal entity (including our rights), or if you ask us to delete or change data which we are required by law to keep (or have other compelling legitimate interests in keeping). We will inform you of relevant exemptions we rely upon when responding to any request you make.
To exercise any of these rights, or to obtain other information, you can get in touch using the details set out below. If you have unresolved concerns, you typically have the right to complain to regulators, depending on applicable law. For example, in the EEA, your complaint can likely be taken to data protection authorities where you live, work or where you believe a breach may have occurred.
How long does the Company retain data?
Where we process personal data in connection with performing an agreement with you, we keep the data for 6 years from your last interaction with us.
Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of that request indefinitely, so that we can continue to respect your request in future.
Where we process personal data for site security purposes, we retain it for 3 years.
Longer retention periods may apply, such as where ongoing access to records continues to be important to our defence of legal claims or where we are required by law or regulation to retain information for specific periods.
Cookies and Web Beacons
Aspen Digital uses cookies on our website and web beacons in some emails. Cookies are small text files and web beacons are small graphic images. They are downloaded to your device when you visit a website or receive certain emails, unless you have set your browser to reject them.
We use cookies to remember your preferences and improve your overall experience of our site. We use web beacons to track the actions of individuals (such as email recipients) and measure the success and response rates of our marketing campaigns. In particular, we use the following:
  • Session Cookies
    • These enable you to carry out some essential functions on our sites, such as maintaining log-in details for the session or a transaction. They also help by minimizing the need to transfer information across the internet. They are not stored on your computer and expire when you terminate your browser session or logout of certain areas.
  • Analytics
    • We like to keep track of what pages and links are popular and which ones don’t get used so much to help us keep our site relevant and up to date. It’s also very useful to be able to identify trends of how people navigate our site and help us provide a more friendly solution.
  • Third-party cookies
    • Analytics tracking (and most web tracking software) use cookies in order to provide meaningful reports about site visitors. However, analytics cookies do not collect personal data about website visitors.
    Controlling these technologies
    If you want to delete any cookies, please check your browser or device settings (and help pages) for instructions on how to delete them. Your browser or device may also offer tracking controls for things other than cookies, such as beacons and tags.
    Please note that by deleting our cookies or disabling future cookies, in particular the “strictly necessary” cookies described above, you may not be able to access certain areas or features of our site.
    External links
    Although our website and mobile apps only look to include quality, safe and relevant external links, users should always adopt a policy of caution before clicking any links to non-Company websites or apps. We cannot control, guarantee or verify their contents. They will have their own policies and practices, for example with regard to privacy and personal data, and you should acquaint yourselves with those before further engaging with those third party websites or apps.
    Changes to this Policy
    We may revise this Privacy Policy from time to time. If we make a change to this notice that we consider material, we will take steps to notify users by a notice on the website and/or mobile app. Your continued use of the Aspen Digital websites, mobile apps and services will be subject to the updated Privacy Policy.
    Contact
    You can contact us in relation to data protection and this privacy notice by emailing legal@aspendigital.co.
    false