New Capital Privacy Policy
Last revised: May 5, 2022
We, at New Capital, respect your privacy and your privacy is extremely important to us.
We are required by regulations to collect, use and store your Personal Information in certain ways.
We do not tolerate spam and will never sell, rent, lease or give away your information to any third party
(unless required by law). Nor will send you an unsolicited email.
We will not collect any personal information (eg. name, email address) without your explicit permission.
When we ask you to provide information by which you can be identified when using our Services, you can be
assured that the information provided will only be used in accordance with this privacy statement.
This Privacy Policy describes our information handling practices when you access our Services, which include our
content on the websites using the https://wallet.app/,
https://new.capital/ and
https://chain.review/ domain names, and including all subdomains and subdirectories
(collectively, the "Site(s)") or when you use related services (referred to collectively hereinafter as the
"Services").
Please take a moment to read this Privacy Policy carefully. If you have any questions about this Policy, please
submit your request via email to: gdpr at new dot capital.
This Privacy Policy (the "Privacy Policy") is intended to describe our practices regarding the
information we collect from you when you visit our Sites ("Site Visitor"), when you register and
use our Services or any part thereof ("User"), as well as the manner in which we use your
personal information ("Personal Information"), and the options and rights available to you.
This Privacy Policy is incorporated by this reference into, and made part of, the Terms of Use available at
https://wallet.app/terms-and-conditions-of-use.html,
and any other agreement that references this Privacy Policy.
1. Acceptance of this Privacy Policy
By accessing and using our Services, you signify acceptance to the terms of this Privacy Policy. Where we require
your consent to process your Personal Information, we will ask for your consent for the collection, use, and
disclosure of your Personal Information as described below. We may provide additional "just-in-time" disclosures
or information about the data processing practices of specific Services. These notices may supplement or clarify
our privacy practices or may provide you with additional choices about how we process your data.
If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should
immediately discontinue access or use of our Services.
2. From whom we collect Personal Information
This Privacy Policy applies to New Capital's collection, use, and disclosure of the Personal Information of the
following categories of individuals:
- Site Visitors: Individuals who visit our Sites and who may volunteer certain contact data
(such as their email address) in order to receive communications from New Capital.
- Users: Individuals who register on their own to use Source Force or/and the New Capital
Exchange.
3. What information we may collect
We collect two types of information from our Users:
- Non-personal Information, or anonymized and aggregated data. Anonymization is a data
processing technique that modifies personal information so that it cannot be associated with a specific
individual. We may collect technical and aggregated usage information. This information may contain, among other
things, the User’s operating system, type of browser, screen resolution, activities on the Sites, etc. We may
use anonymized or aggregate user data for any business purpose, including to better understand user needs and
behaviors, improve our Services, conduct business intelligence and detect security threats. We are not aware of
the identity of the User from which the Non-personal Information was collected. For the avoidance of doubt, any
Non-personal Information connected or linked to any Personal Information shall be deemed as Personal Information
as long as such a connection or linkage exists.
- Personal Information. Personal Information is typically data that identifies an individual or
relates to an identifiable individual. This includes information you provide to us, information which is
automatically collected about you when you use our Services, and information we obtain from third parties.
Personal Information is described in more detail in the section “The Personal Information we may collect”.
4. The Personal Information we may collect
We may collect the following types of information from you:
4.1. Information you provide to us
To establish an account and access our Services, we will ask you to provide us with some important information
about yourself. Please note that the Personal Information we collect is required in order for us to contractually
provide the Services, as well as for us to meet our regulatory requirements (such as Anti-Money Laundering and
Know-Your-Customer regulations), and to safeguard our legitimate interests. In the event that you choose not to
provide such information, we may not be able to provide our Services. As we add new features and Services, you may
be asked to provide additional information. Any information you provide to us that is not required is
voluntary.
We may collect the following types of information from you:
- Personal Identification Information: Full name, date of birth, nationality, gender,
signature, photographs, phone number, home address and email address.
- Formal Identification Information: Government issued identity document such as a passport,
passport number, and/or any other information deemed necessary by us in order to comply with our legal
obligations under anti-money laundering laws and any other required regulation.
- Transaction Information: Information about the transactions you make on our Services, such as
your name, the amount, timestamp, currency transaction history, trading data.
- Employment Information and Business Activities: Job title, and/or description of role,
income.
- Source of Funds: The legitimate source of User funds to be deposited when using our Services.
- Expected Transaction Amounts: The expected transaction volume or amounts on a monthly basis.
- Correspondence: Survey responses, information provided to our support team or user research
team.
4.2. Information we collect from you automatically
To the extent permitted under the applicable law, we may collect certain types of information automatically, such
as whenever you interact with the Sites or use the Services. This information helps us to address user support
issues, improve the performance of our Sites and applications, provide you with a streamlined and personalized
experience, and protect your account from fraud by detecting unauthorized access. Information collected
automatically includes:
- Online Identifiers: Geo location/tracking details, browser fingerprint, operating system,
browser name and version, and/or personal IP addresses.
- Usage Data: Authentication data, security questions, click-stream data, public social
networking posts, and other data collected via cookies and similar technologies. Please read our Cookie Policy
for more information.
We may also use identifiers to recognize you when you access our Sites via an external link, such as a link
appearing on a third party site.
4.3. Information collected from third parties
From time to time, we may obtain information about you from third party sources as required or permitted by
applicable law. These sources may include:
- Public Databases, ID Verification Partners: We obtain information about you from public
databases and ID verification partners for purposes of verifying your identity in accordance with applicable
law. ID verification partners such as Ondato use a combination of government records and publicly available
information to verify your identity. Such information may include your name, address, job role, public
employment profile, status on any sanctions lists maintained by public authorities, and other relevant data. We
obtain such information in order to comply with our legal obligations, such as anti-money laundering laws. In
some cases, we may process additional data about you to assess risk and ensure that our Services are not used
fraudulently or for any illicit activities. In such instances, the processing of this data is necessary for us
to continue to perform our contractual obligations with you and others. The Ondato Privacy Policy, available at
https://ondato.com/privacy-policy/, describes their collection
and use of personal data.
- Blockchain Data: We may analyze public blockchain data in an attempt to ensure that parties
utilizing our Services are not engaged in illegal or prohibited activity under our Terms, and to analyze
transaction trends for research and development purposes.
- Analytics Providers: Provide us with de-identified information about how you found our Sites
and how you interact with our Sites and Services. This information may be collected prior to account creation.
For more information on how you can manage the collection of this data, please see our Cookie Policy.
The following chart summarizes what kind of information we collect from you:
| Information category |
Site Visitors |
Users of Source Force/ Exchange |
| Cookies and other tracking technologies |
|
|
| Log files (include but is not limited to Internet Protocol (IP) addresses, system configuration information,
URLs of referring pages)
|
|
|
| E-mail address |
|
|
| Full name |
|
|
| Copy of a government-issued ID / passport |
|
|
| Details regarding the government-issued ID / passport (number, issuing country and issuance/expiration
date)
|
|
|
| Country of residence / address |
|
|
| Date of birth |
|
|
| Nationality |
|
|
| Details regarding your business activity, income and source of funds |
|
|
| The purpose for opening the account and related information |
|
|
| Details regarding whether or not the User is a Politically Exposed Person (PEP) |
|
|
| Transaction information (information about the transactions you make on our Services, such your name, the
amount, and/or timestamp)
|
|
|
| Correspondence: Survey responses, information provided to our support team or user research team |
|
|
Kindly note that without providing the above information, and unless that information, at our sole discretion,
is determined to be satisfactory for our specific requirements, the User will not be able to register and use our
Services.
In addition, we also may collect information regarding the behavior of the users on our Services, which includes
keystrokes, captioning and recording of User behavior, mouse movements and other activities.
In addition, we may collect the User's publicly-available social network information in cases when the User
chooses to link their other social network accounts with that of New Capital.
In the event that a User registers for the Services or otherwise grants us with certain access permission to
his/her existing third-party social network account, the third-party social network(s) operating such account(s)
may provide us with certain information about the User, as is stored in and/or made available by the User through
his/her account and in accordance with the permission granted to us by the User. For example, such information may
consist of, as applicable and/or made available by the User, the User's name, public profile picture URL address,
account ID, email address, date of birth, gender, occupation or work information, education and other information
which the User has made public.
5. The Purposes of the Collection of Information
Our primary purpose in collecting Personal Information is to meet regulatory requirements, for loss prevention
and anti-fraud purposes. We also wish to provide you with a secure, smooth, efficient, and customized experience.
We generally use Personal Information to create, develop, operate, deliver, and improve our Services, content and
advertising, and for loss prevention and anti-fraud purposes.
We collect information in order to:
- Provide Services. We process your Personal Information to provide the Services to you. For
example, in order for you to use the Source Force or Exchange platforms, we require certain information such as
your identification, contact information and any other information that we deem necessary. We cannot provide you
with the Services without such information. Third parties such as identity verification services may also access
and/or collect your Personal Information when providing identity verification and/or fraud prevention services.
- Meet our regulatory requirements, such as Know Your Customer and Anti-Money Laundering regulatory
requirements. We are required by regulations to collect, use and store your Personal Information in
certain ways. If you do not provide the Personal Information as required by law, you may not use our Services.
- Perform due diligence and other screening activities in accordance with our legal or
regulatory obligations and risk management procedures, which are carried out in our own legitimate interests or
the public interest. These activities include conducting identity verification and fraud prevention, including
checks related to the source of funds or income, PEP, sanctions and adverse media checks.
- Provide Service communications. We send administrative or account-related information to you
to keep you updated about our Services, inform you of relevant security issues or updates, or to provide other
transaction-related information. Without such communications, you may not be aware of important developments
relating to your account that may affect how you use our Services. You may not opt-out of receiving critical
service communications, such as emails sent for legal or security purposes.
- Analytics, statistical, development and research purposes. We process your Personal
Information to better understand the way that you use and interact with our Services. In addition, we use such
information to customise, measure, and improve our Services and the content and layout of our websites, and to
develop new services.
- Maintain legal and regulatory compliance.
- Detect, prevent, or otherwise address fraud, security or technical issues (such as identity
theft or financial fraud).
- Enforce this Privacy Policy and/or the Terms of Use and/or other agreements, including
investigation of potential violations thereof. We may use any of your Personal Information collected for these
purposes. The consequences of not processing your Personal Information for such purposes is the termination of
your account.
- Protect the rights, property, or personal safety of New Capital, any of its users, or the general
public.
- Provide user service. We process your Personal Information when you contact us to resolve any
questions, disputes, or to troubleshoot problems. Without processing your Personal Information for such
purposes, we cannot respond to your requests and ensure your uninterrupted use of the Services.
- Ensure quality control. We process your Personal Information for quality control and to
facilitate staff training so as to ensure that we continue to provide you with accurate information. If we do
not process Personal Information for quality control purposes, you may experience issues when using the Services
such as inaccurate transaction records or other interruptions.
- Ensure network and information security. We process your Personal Information in order to
enhance security, monitor and verify identity or service access, combat spam or other malware or security risks,
and to comply with applicable laws and regulations. Without processing your Personal Information, we may not be
able to ensure the security of our Services.
We will not use your Personal Information for purposes other than those purposes that we have disclosed to you
without your permission. From time to time, and as required under the applicable law, we may request your
permission to allow us to share your Personal Information with third parties. You may opt out of having your
Personal Information shared with third parties, or allowing us to use your Personal Information for any purpose
that is incompatible with the purposes for which we originally collected this information or subsequently obtained
your authorization. If you choose to so limit the use of your Personal Information, certain features or our
Services may not be available to you.
6. The conditions for processing of Personal Information
We will process your Personal Information for a variety of reasons, each of which is prescribed by relevant data
protection laws.
- Fulfillment of a contract, compliance with a legal obligation – it is necessary for us to
process your Personal Information where it is necessary for the performance of a contract (such as for our Terms
of Use) or in order for us to comply with our various legal and/or regulatory responsibilities, including, but
not limited to, complying with any AML and KYC legislation.
- Legitimate interests – we also process your Personal Information where we deem such
processing to be in our (or a third party’s) legitimate interests, providing that such processing will not
prejudice your interests, rights and freedoms. Examples of us processing information in accordance with
legitimate interests would include: (i) where we disclose your Personal Information to any one or more of our
associate/subsidiary companies following a restructuring or for internal administrative purposes; (ii)
processing for the purposes of ensuring network and information security, including preventing unauthorized
access to our electronic communications network; (iii) safeguarding the integrity of our Services by combating,
reporting and sharing information related to fraudulent activities; (iv) adhering to regulatory and statutory
requirements; (v) improving and optimizing our Services and debugging errors; (vi) sharing Personal Information
with our advisers and professional services providers (such as auditors) for ensuring our compliance with
regulatory requirements and industry best practices.
- Consent – our processing of your Personal Information will primarily be necessary for us to
provide you with the Services. However, on certain occasions we may ask for your consent in processing Personal
Information. In these instances, your Personal Information will be processed in accordance with such consent and
you will be able to withdraw this consent in writing at any time.
Special Categories of Personal Data – we do not process Personal Information as defined under
Article 9 of the GDPR
7. Why we share Personal Information with third parties
We take care to allow your Personal Information to be accessed only by those who require such access to perform
their tasks and duties, and to only share this information with third parties who have a legitimate purpose for
accessing it.
New Capital will never sell or rent your Personal Information to third parties without your explicit
consent. We will only share your information in the following circumstances:
- With third-party authentication vendors (such as identity verification, user authentication and due diligence
vendors), partner risk screening providers and other data sources (such as geo-location services), in accordance
with our legal or regulatory obligations and risk management procedures which are carried out in our legitimate
interest or in the public interest. For identity verification services, we may use Ondato UAB. The Ondato
Privacy Policy, available at
https://ondato.com/privacy-policy/, describes their terms for
the collection and use of personal data.
- With our service providers who are under contract to assist us with components of our business operations. Our
contracts specify that these service providers only use your information in connection with the services that
they perform for us, and prohibits them from selling your information to anyone else. Examples of the types of
service providers that we may share Personal Information with (other than those mentioned above) include:
network infrastructure, cloud storage, security, user support, Internet (e.d. ISPs) and information technology.
- In order to fulfill the purposes stated above, including to satisfy any applicable law, regulation, legal
process, subpoena or governmental request.
- In order to respond to claims that any content available on the Services violates the rights of
third-parties.
- When New Capital is undergoing any change in control, including by means of a merger, or the acquisition or
purchase of all or substantially all of its assets.
- With our professional advisors who provide legal, compliance, accounting or other consulting services in order
to complete third party technical, compliance and legal audits of our operations, or otherwise comply with our
legal obligations.
8. Data Transferred out of the EU
When using our Services, your data is processed and stored in the EU and other countries. We and our service
providers may transfer your information to, or store or access it in, jurisdictions that may not provide
equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal
data receives an adequate level of protection in the jurisdictions in which we process that information. We
provide adequate protection for the transfer of personal data to countries outside of the European Economic Area
(EEA) that are not recognized as providing adequate data protection. This protection is achieved through a series
of intercompany agreements based on the Standard Contractual Clauses authorized under EU law (the content of the
standard contractual clauses is
available
here).
If you would like further information, you can contact us using the contact information provided in this Privacy
Policy.
9. How we protect and store Personal Information
We understand how important your privacy is, which is why New Capital maintains (and contractually requires third
parties it shares your information with to maintain) appropriate physical, technical and administrative safeguards
to protect the security and confidentiality of the Personal Information you entrust to us.
We may store and process all or part of your Personal and transactional Information. We protect your Personal
Information by maintaining physical, electronic, and procedural safeguards in compliance with the applicable laws
and regulations.
For example, we use computer safeguards such as firewalls and data encryption, we enforce physical access
controls to our buildings and files, and we authorize access to Personal Information only for those employees who
require this information to fulfill their job responsibilities.
However, we cannot guarantee that loss, misuse, unauthorized acquisition, or alteration of your data will not
occur. Please recognize that you play a vital role in protecting your own Personal Information. When registering
with our Services, it is important to take all necessary precautionary measures by using 2FA or other methods of
digital identity authorization. You should immediately notify us if you become aware of any unauthorized access to
or use of your account.
Furthermore, we cannot ensure or warrant the security or confidentiality of information you transmit to us or
receive from us by Internet or wireless connection, including email, phone or SMS, since we have no way of
protecting that information when it traverses connectivity infrastructure. If you have reason to believe that your
data is no longer secure, please contact us using the contact information provided in this Privacy Policy.
10. Retention of Personal Information
If you have registered with an account through our Services, New Capital will retain your Personal Information
during the period that your account is active. Furthermore, New Capital will retain your Personal Information for
an additional period as deemed necessary to enable New Capital to meet its legal obligations under applicable laws
or regulations, such as the KYC and AML regulations, as well as to meet New Capital's contractual obligations.
- Personal Information collected to comply with our legal obligations under anti-money laundering laws may be
retained after account closure for as long as required under such laws.
- Content that you post on our website such as support desk comments and other content may be kept after you
close your account for audit and crime prevention purposes (e.g. to prevent a known fraudulent actor from
opening a new account).
- Information collected via technical means such as cookies, webpage counters and other analytics tools is kept
for a period of up to one year from expiry of the cookie.
In addition, New Capital may retain Personal Information for longer periods, provided that retaining such
information is strictly necessary for New Capital’s legitimate interests, such as fraud prevention and record
keeping, enforcing its policies, resolving or exercising claims regarding potential disputes, and where New
Capital is guided to do so by the applicable regulatory authority.
11. Minors
To use the Service, you must be over the age of eighteen (18). New Capital does not knowingly collect Personal
Information from children under the age of eighteen (18) and does not wish to do so. We reserve the right to
request proof of age at any stage so that we may verify that minors under the age of eighteen (18) are not using
the Services. If you are under the age of eighteen (18) you should immediately contact us for special permission
to use our Services. Such permission will only be granted at our sole discretion, and with the stipulation that it
does not contravene any applicable laws or regulations. Otherwise, in the event that it comes to our knowledge
that a person under the age of eighteen (18) is using the Services, we will prohibit and block such a User from
accessing the Services and will take appropriate measures to prevent that User from making use of our Services.
Please notify us if you know of any individuals under the age of 18 using our Services so we can take action to
prevent this unauthorized access to our Services.
12. Cookies and similar technologies
When you access or use the Services, we may use (and authorize third parties to use) industry-wide technologies
such as cookies or similar technologies, including web beacons, pixel tags, scripts, tags and other technologies
that store certain information on your computer (“Local Storage”) and which will allow us to enable automatic
activation of certain features, and make your Service experience much more convenient and effortless.
Cookies allow us and third parties to automatically collect information about you (such as your IP address,
device unique identifiers and your online behavior), for fraud prevention purposes and in order to enhance your
navigation on our Site, improve our Site’s performance and customize your experience on our Site, as well as for
advertising. We also use this information to collect statistics about the usage of our Site, perform analytics,
and deliver content which is tailored to your interests. To learn more, please visit our Cookie Policy available
here: https://wallet.app/cookie-policy.html
13. Your Rights
Your rights to Personal Information are not absolute. Depending upon the applicable law, access may be denied:
(a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact
on another's privacy; (c) to protect our rights and properties; (d) where the request is frivolous or vexatious,
or for other reasons.
You may contact us at any time at gdpr at new dot capital, and request:
- To access, delete, change or update any Personal Information relating to you.
- That we will restrict or cease any further use of your Personal Information.
- That we will provide the Personal Information you volunteered to us in a machine-readable format.
- To withdraw your consent to our processing activities (provided that such processing activities rely on your
consent, and not on a different legal basis).
- To not be subject to a decision based solely on automated processing, including profiling, which produces
legal effects concerning you or similarly significantly affects you, except where such processing is necessary
for the performance of the contract between you and us, or it is based on your explicit consent, as provided
hereunder.
14. Third Party Websites
While using the Services you may encounter links to third party websites and/or services. Please be advised that
such third party websites and/or services are independent of New Capital, and may use cookies and other
web-tracking technologies to collect non-personal and/or Personal Information about you. We assume no
responsibility or liability whatsoever with regard to privacy matters or any other legal matter with respect to
such third party websites and/or services. We encourage you to carefully read the privacy policies and the terms
of use of such third party websites and/or services, as their terms, not ours, will apply to any of your
interactions with such third parties.
15. Changes to the Privacy Policy
New Capital reserves the right to change this Privacy Policy at any time, so please re-visit this page
frequently. We will provide notice of substantial changes to this Privacy Policy on the Services and/or we will
send you an email regarding such changes to the e-mail address that you provided. Such substantial changes will
take effect seven (7) days after such notice was provided through any of the above-mentioned methods. Otherwise,
all other changes to this Privacy Policy are effective as of the stated “Last Revised” date, and your continued
use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those
changes.
16. Questions or Concerns
New Capital welcomes your questions or comments regarding this Privacy Policy and the way we process your
personal information. If you have any questions concerning this Privacy Policy, you are welcome to send them to us
at:
New Capital
E-mail address: gdpr at new dot capital
Address: Lvivo str. 13C-5, LT-09313 Vilnius, Lithuania
We will make an effort to reply within a reasonable time frame. Please feel free to reach out to us at any time.
If you are unsatisfied with our response, you can contact the applicable data protection authority:
The State Data Protection Inspectorate (website available at
https://vdai.lrv.lt/)
E-mail address: [email protected]
Address: A. Juozapavičiaus str. 6, LT-09310 Vilnius, Lithuania
