Date Effective: 9 June 2022
1 Definitions and interpretation
1.1 Unless otherwise noted, definitions of terms are as listed in the UK Data Protection Act 2018.
- (a) the singular includes the plural and vice versa;
- (c) a reference to a person includes firms, companies, government entities, trusts and partnerships;
- (d) "including" is understood to mean "including without limitation";
- (e) reference to any statutory provision includes any modification or amendment of it;
2 Why we collect, use, and process your personal data
We collect personal data from you when you enter into a contract with us, or complete an application form, to use any of our services. We process that personal data in order to fulfill our obligations to you, such as administering and operating your account. We process data in order to fulfill our legal obligations, including Know Your Customer (KYC) and Anti Money Laundering (AML) requirements, counter-terrorist financing laws, and screening against sanctions lists. We also process personal data for the legitimate purpose of preventing fraud on our services. Finally, we sometimes process data based on your consent, for example when you request to be placed on a mailing list.
3 Types of personal data collected
3.1 We may collect the following Data from you:
- (a) Data you provide us with by filling in forms on the Website or files you might upload to the Website. This information includes, but is not limited to:
- i. Personal details such as your name, address, telephone number, date of birth, employment status, and marital status,
- ii. Contact details such as email address, residential address, and telephone number,
- iii. Identification documents such as your national ID or proof of address documents, iv. Business information such as the name of your company, you company's address, your company's registration number, a list of the directors and shareholders of your company, personal information about the directors and shareholders of your company,
- v. Tax information such as your taxpayer identification number and country of residence or domicile for tax purposes,
- vi. Financial information such as source of wealth or funds, financial resources, investment experience, bank account details or transactions,
- (b) Data you provide us with through your correspondence with us by phone, e-mail, mail or otherwise;
- (c) Data you provide to us when reporting a problem with the Website;
- (d) Information about your transactions with us such as crypto-currency deposits and withdrawals, and trading derivatives and other assets;
- (e) Data collected automatically as you use the Website, including: IP address ,Web browser type and version,Operating system, your activity on this Website;
- (f) Any information or data we receive from third party databases, such as credit agencies, banking and related services providers, public sources, and our fraud prevention partners.
3.2 Where you choose not to provide us with certain data, we may be unable to provide you with the services you request.
4 How we use personal data
4.1 We will only use your personal data when the law allows us to. For the most part, We do not rely on individual consent to allow us to process personal data. Our processing is permitted because it is:
- (a) necessary in order to administer and operate your account and perform our contractual obligations,
- (b) necessary to comply with our legal obligations and regulatory requirements, or
- (c) in our legitimate interests in providing its services to you as our client (including the prevention of fraud).
4.2 We will use your personal data in the following circumstances:
- (a) Informing you of changes and/or improvements to our services and products;
- (b) To comply with any legal obligation or regulatory requirement;
- (c) For the detection, prevention and investigation of illegal or prohibited criminal activities (e.g. anti-money laundering and counter-terrorist financing) and in the protection of our legal rights (including liaison with regulators and law enforcement agencies);
- (d) To send you details by post, e-mail, telephone or any other electronic means of services We supply which We believe may be of interest to you, but only if you have given us prior consent; and
- (e) To improve our services.
4.3 We will only use your personal data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose, or if we have otherwise agreed with you.
5. Sharing Your Data with Third Parties
5.1 In general, unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your personal data will not be disclosed to third parties. In particular, we will never sell any of your data or license it to third parties.
5.2 Your data may be shared with third parties:
- (a) other members of our corporate group (our parent company Payward Inc. d/b/a Kraken and its subsidiaries) in order to provide you with the services requested, for our legitimate purposes, and/or to fulfill our legal obligations,
- (b) at your request to your agents,
- (c) in order to meet our legal and regulatory obligations, including to regulatory bodies, law enforcement agencies, credit reference agencies, and company auditors,
- (d) our service providers, agents, and other third party data processors who perform services at our direction and on your behalf,
- (e) courts, government agencies, tax authorities, and other regulatory bodies in the context of actual or threatened legal proceedings,
- (f) to protect our rights and interests,
6 Data Retention
Under UK law, we are required by law to retain all personal data relating to your identity, transactions, and funding of accounts for a period of six (6) years after the end of our business relationship.
We may keep your data for longer if we cannot delete it for legal, regulatory, or technical reasons. Otherwise, your data will be retained only as long as it is necessary to fulfil our obligations and business requirements.
7 Transfers outside the United Kingdom
7.1 Data which we collect from you may be stored and processed in and transferred to countries outside of the United Kingdom (UK). For example, if our servers are located in a country outside the UK, and one or more of our service providers is situated in a country outside the UK. We also share information with our group companies, some of which are located outside the UK.
7.2 If we transfer your personal data outside the UK in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected, such as transferring to countries which are deemed to provide adequate protection (i.e. in the European Economic Area), or executing standard contractual clauses which require your personal data to be properly protected.
7.3 These transfers are necessary in order to fulfil many of the services we offer.
8 Links to other websites
9 Your rights
9.1 You have the following rights as to your personal data:
- (a) to ask for a copy of any of your personal data held by CF Benchmarks Ltd;
- (b) to be informed about how we obtain and use your information;
- (c) to have your information corrected if inaccurate or incomplete;
- (d) to request to have your information erased;
- (e) to request we restrict processing of your personal data;
- (f) to object to processing of your information (e.g. for direct marketing purposes);
- (g) to have the information you provided to us, returned to you or sent directly to another company, in a structured, commonly used and machine-readable format where technically feasible;
- (h) where the processing of your personal data is based on your consent, to withdraw that consent at any time;
- (i) to object to any decisions based on the automated processing of your personal data, including automated profiling;
- (j) to lodge a complaint with the Information Commissioner’s Office (ICO), the United Kingdom data protection authority
9.2 These rights are not absolute and may be limited, for example, if fulfilling your request would reveal personal data about another person, or if you ask us to delete or stop processing data which we are required by law to process or have a legitimate interest in retaining.
9.3 If you wish to exercise any of your rights, please contact us as described below. All requests will be addressed within one month.
10.1 Data security is of great importance to CF Benchmarks Ltd and to protect your Data we have put in place suitable physical, electronic, organisational, and managerial procedures and technical controls to safeguard and secure Data collected via this Website.
10.2 We endeavor to do our best to protect your personal Data. But even with all of the security protections we have in place, no security program is perfect. We can never guarantee your personal data will not be breached or that use of our site and services is without risk.
11.1 This Website may place and access certain cookies on your computer. Cookies are a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website.
11.2 This Website may place the following types of cookies:
- (a) Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
- (b) Analytical cookies: They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- (c) Performance cookies: Improve the performance of the Website.
11.3 You can use our cookie preferences manager to change which cookies you allow in your browser, keeping in mind some strictly necessary cookies must always be used whenever you visit the Website.
11.4 You can also choose to enable or disable cookies in your internet browser. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your internet browser.
11.5 You can choose to delete cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalization settings.
12.3 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
13 Do Not Track
We do not monitor or take any action based on Do Not Track signals.
15 Asking a question or filing a complaint
15.1 If you have questions or concerns about how your personal data is handled, please contact us at the addresses below.
15.2 After contacting us, if you are not satisfied with how we manage your personal data, you have a right to make a complaint to the UK Information Commissioner’s Office.
CF Benchmarks Ltd
One London Wall London, United Kingdom EC2Y 5EB
or email us at: [email protected]