This policy establishes an effective, accountable and transparent framework for ensuring compliance with the requirements of the GDPR (General Data Protection Regulation).
This policy applies to all COINPASS Limited employees and all third parties responsible for the processing of personal data on behalf of COINPASS Limited services, entities.
COINPASS Limited is committed to conducting its business in accordance with all applicable data protection laws and regulations and in line with the highest standards of ethical conduct. This policy sets forth the expected behaviours of COINPASS Limited. employees and third parties in relation to the collection, use, retention, transfer, disclosure and destruction of any personal data belonging to a COINPASS Limited. contact (i.e. the data subject).
Personal data is any information (including opinions and intentions) that relates to an identified or identifiable natural person. Personal data is subject to certain legal safeguards and other regulations that impose restrictions on how organisations may process personal data. An organisation that handles personal data and makes decisions about its use is known as a Data Controller. COINPASS Limited., as a Data Controller, is responsible for ensuring compliance with the data protection requirements outlined in this policy. Noncompliance may expose COINPASS Limited. to complaints, regulatory action, fines and/or reputational damage.
COINPASS Limited’s leadership is fully committed to ensuring continued and effective implementation of this policy and expects all COINPASS Limited. employees and third parties to share in this commitment. Any breach of this policy will be taken seriously and may result in disciplinary action or business sanction.
To demonstrate our commitment to data protection, and to enhance the effectiveness of our compliance efforts, COINPASS Limited. has appointed a Data Protection Officer. The Data Protection Officer operates with independence and is supported by suitably skilled individuals granted all necessary authority. The Data Protection Officer reports to COINPASS Limited’s CEO. The Data Protection Officer’s duties include:
Ensuring establishment of procedures and standard contractual provisions for obtaining compliance with this Policy by any third party who:
To ensure that all data protection requirements are identified and addressed when designing new systems or processes and/or when reviewing or expanding existing systems or processes, each of them must go through an approval process before continuing. Each COINPASS Limited. service/entity must ensure that a Data Protection Impact Assessment (DPIA) is conducted, in cooperation with the Data Protection Officer, for all new and/or revised systems or processes for which it has responsibility. The subsequent findings of the DPIA must then be submitted to the CEO for review and approval. Where applicable, the Information Technology (IT) department, as part of its IT system and application design review process, will cooperate with the Data Protection Officer to assess the impact of any new technology uses on the security of personal data.
To confirm that an adequate level of compliance that is being achieved by all COINPASS Limited. services/entities in relation to this policy, the Data Protection Officer will carry out an annual data protection compliance audit for all such services/entities. Each audit will, as a minimum, assess:
Compliance with policy in relation to the protection of personal data, including:
The effectiveness of data protection-related operational practices, including:
COINPASS Limited. has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of personal data:
Principle 1: Lawfulness, Fairness and Transparency.
Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject. This means that COINPASS Limited. must tell the data subject what processing will occur (transparency), the processing must match the description given to the data subject (fairness), and it must be for one of the purposes specified in the applicable data protection regulation (lawfulness).
Principle 2: Purpose Limitation.
Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. This means COINPASS Limited. must specify exactly what the personal data collected will be used for and limit the processing of that personal data to only what is necessary to meet the specified purpose.
Principle 3: Data Minimisation.
Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. This means COINPASS Limited. must not store any personal data beyond what is strictly required.
Principle 4: Accuracy.
Personal data shall be accurate and, kept up to date. This means COINPASS Limited. must have processes in place for identifying and addressing out-of-date, incorrect and redundant personal data.
Principle 5: Storage Limitation.
Personal data shall be kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. This means COINPASS Limited. must, wherever possible, store personal data in a way that limits or prevents identification of the data subject.
Principle 6: Integrity & Confidentiality.
Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing, and against accidental loss, destruction or damage. COINPASS Limited. must use appropriate technical and organisational measures to ensure the integrity and confidentiality of personal data is maintained at all times.
Principle 7: Accountability.
The Data Controller shall be responsible for, and be able to demonstrate compliance. This means COINPASS Limited. must demonstrate that the six data protection principles (outlined above) are met for all personal data for which it is responsible
Personal data should be collected only from the data subject unless one of the following apply:
If personal data is collected from someone other than the data subject, the data subject must be informed of the collection unless one of the following apply:
Where it has been determined that notification to a data subject is required, notification should occur promptly, but in no case later than:
Each COINPASS Limited. service/entity will obtain personal data only by lawful and fair means and, where appropriate with the knowledge and consent of the individual concerned. Where a need exists to request and receive the consent of an individual prior to the collection, use or disclosure of their personal data, COINPASS Limited. is committed to seeking such consent. The Data Protection Officer, in cooperation with other relevant business representatives, shall establish a system for obtaining and documenting data subject consent for the collection, processing, and/or transfer of their personal data.
Each COINPASS Limited. service/entity will, when required by applicable law, contract, or where it considers that it is reasonably appropriate to do so, provide data subjects with information as to the purpose of the processing of their personal data. When the data subject is asked to give consent to the processing of personal data and when any personal data is collected from the data subject, all appropriate disclosures will be made, in a manner that draws attention to them, unless one of the following apply:
Each external website provided by COINPASS Limited. will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law.
COINPASS Limited. uses the personal data of its contacts for the following broad purposes:
The use of a contact’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a contact’s expectations that their details will be used by COINPASS Limited. to respond to a contact request for information about the products and services on offer. However, it will not be within their reasonable expectations that COINPASS Limited. would then provide their details to third parties for marketing purposes.
Each COINPASS Limited. service/entity will process personal data in accordance with all applicable laws and applicable contractual obligations. More specifically, COINPASS Limited. will not process personal data unless at least one of the following requirements are met:
There are some circumstances in which personal data may be further processed for purposes that go beyond the original purpose for which the personal data was collected. When making a determination as to the compatibility of the new reason for processing, guidance and approval must be obtained from the Data Protection Officer before any such processing may commence.
COINPASS Limited. will only process special categories of data (also known as sensitive data) where the data subject expressly consents to such processing or where one of the following conditions apply:
In any situation where special categories of data are to be processed, prior approval must be obtained from the Data Protection Officer, and the basis for the processing clearly recorded with the personal data in question. Where special categories of data are being processed, COINPASS Limited. will adopt additional protection measures
Children under the age of 14 are unable to consent to the processing of personal data for information society services (any service normally provided for payment, by electronic means and at the individual request of a recipient of services). Consent must be sought from the person who holds parental responsibility over the child. However, it should be noted that where processing is lawful under other grounds, consent need not be obtained from the child or the holder of parental responsibility.
Each COINPASS Limited. service/entity will adopt all necessary measures to ensure that the personal data it collects and processes is complete and accurate in the first instance, and is updated to reflect the current situation of the data subject. The measures adopted by COINPASS Limited. to ensure data quality include:
COINPASS Limited. will only engage in profiling and automated decision-making where it is necessary to enter into, or to perform, a contract with the data subject or where it is authorised by law. Where a COINPASS Limited. service/entity utilises profiling and automated decision-making, this will be disclosed to the relevant data subjects. In such cases the data subject will be given the opportunity to:
Object to the automated decision-making being carried out. Each COINPASS Limited. service/entity must also ensure that all profiling and automated decision-making relating to a data subject is based on accurate data.
As a general rule, COINPASS Limited. will not send promotional or direct marketing material to a COINPASS Limited. contact through digital channels such as mobile phones, email and the Internet, without first obtaining their consent. Any COINPASS Limited. service/entity wishing to carry out a digital marketing campaign without obtaining prior Consent from the data subject must first have it approved by the Data Protection Officer. Where personal data processing is approved for digital marketing purposes, the data subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data processed for such purposes. If the data subject puts forward an objection, digital marketing related processing of their personal data must cease immediately, and their details should be kept on a suppression list with a record of their optout decision, rather than being completely deleted. It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals provided that they are given the opportunity to opt-out.
To ensure fair processing, personal data will not be retained by COINPASS Limited. for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further processed. The length of time for which COINPASS Limited. services/entities need to retain personal data is set out in COINPASS Limited. ‘Data Retention Policy’. This takes into account the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth in the schedule. All personal data should be deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.
Each COINPASS Limited. service/entity will adopt physical, technical, and organisational measures to ensure the security of personal data. This includes the prevention of loss or damage, unauthorised alteration, access or processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment. A summary of personal data-related security measures is provided below:
The Data Protection Officer will establish a system to enable and facilitate the exercise of data subject rights related to:
If an individual makes a request relating to any of the rights listed above, COINPASS Limited. will consider each such request in accordance with all applicable data protection laws and regulations. No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature. Data subjects are entitled to obtain, based upon a request made in writing/email to: email@example.com.
It should be noted that situations may arise where providing the information requested by a data subject would disclose personal data about another individual. In such cases, information must be redacted or withheld as may be necessary or appropriate to protect that person’s rights. Detailed guidance for dealing with requests from data subjects can be found in COINPASS Limited’s ‘Data Subject Access Rights Policy and Procedure’ document.
In certain circumstances, it is permitted that personal data be shared without the knowledge or consent of a data subject. This is the case where the disclosure of the personal data is necessary for any of the following purposes:
If a COINPASS Limited. service/entity processes personal data for one of these purposes, then it may apply an exception to the processing rules outlined in this policy but only to the extent that not doing so would be likely to prejudice the case in question. If any COINPASS Limited. service/entity receives a request from a court or any regulatory or law enforcement authority for information relating to a COINPASS Limited. contact, you must immediately notify the Data Protection Officer who will provide comprehensive guidance and assistance.
All COINPASS Limited. employees that have access to personal data will have their responsibilities under this policy outlined to them as part of their staff induction training. In addition, each COINPASS Limited. service/entity will provide regular Data Protection training and procedural guidance for their staff.
COINPASS Limited. services/entities may transfer personal data to internal or third-party recipients located in another country where that country is recognised as having an adequate level of legal protection for the rights and freedoms of the relevant data subjects. Where transfers need to be made to countries lacking an adequate level of legal protection (i.e. third countries), they must be made in compliance with an approved transfer mechanism. COINPASS Limited. services/entities may only transfer personal data where one of the transfer scenarios listed below applies:
COINPASS Limited. services/entities may transfer personal data to internal or third-party banking providers for the conclusion or performance of a contract and to full fill regulatory requirements and requests.
Data subjects with a complaint about the processing of their personal data, should put forward the matter in writing to the Data Protection Officer. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. The Data Protection Officer will inform the data subject of the progress and the outcome of the complaint within a reasonable period. If the issue cannot be resolved through consultation between the data subject and the Data Protection Officer then the data subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the Data Protection Authority within the applicable jurisdiction.
Any individual who suspects that a personal data breach has occurred as a result of the theft or exposure of personal data must immediately notify the Data Protection Officer providing a description of what occurred. Notification of the incident can be made via email, by calling, or by using the independent whistleblowing line: Mr Jeffrey Hancock +44 203 475 9316. The Data Protection Officer will investigate all reported incidents to confirm whether or not a personal data breach has occurred. If a personal data breach is confirmed, the Data Protection Officer will follow the relevant authorised procedure based on the criticality and quantity of the personal data involved. For severe personal data breaches, the COINPASS Limited. Executive Team will initiate and chair an emergency response team to coordinate and manage the personal data breach response.
The management team of each COINPASS Limited. service/entity must ensure that all COINPASS Limited. employees responsible for the processing of personal data are aware of and comply with the contents of this policy. In addition, each COINPASS Limited. service/entity will make sure all third parties engaged to process personal data on their behalf (i.e. their data processors) are aware of and comply with the contents of this policy. Assurance of such compliance must be obtained from all third parties, whether companies or individuals, prior to granting them access to personal data controlled by COINPASS Limited.
For advice and support in relation to this policy, please contact the Data Protection Officer on +44 203 475 9316 or email support@COINPASS.com.
This policy will be reviewed by the Data Protection Officer every two years, unless there are any changes to regulations or legislation that would enable a review earlier.
Staff must maintain all records relevant to administering this policy and procedure in electronic form in a recognised COINPASS Limited. recordkeeping system. All records relevant to administering this policy and procedure will be maintained for a period of five years.
General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU). It also addresses the export of personal data outside the EU.
the entity that determines the purposes, conditions and means of the processing of personal data.
the entity that processes data on behalf of the Data Controller.
national authorities tasked with the protection of data and privacy as well as monitoring and enforcement of the data protection regulations within the Union.
an expert on data privacy who works independently to ensure that an entity is adhering to the policies and procedures set forth in the GDPR.
a natural person whose personal data is processed by a controller or processor.
any information related to a natural person or ‘data subject’, that can be used to directly or indirectly identify the person.
a tool used to identify and reduce the privacy risks of entities by analysing the personal data that are processed and the policies in place to protect the data.
any operation performed on personal data, whether or not by automated means, including collection, use, recording, etc.
any automated processing of personal data intended to evaluate, analyse, or predict data subject behaviour.
a binding legislative act that must be applied in its entirety across the Union.
also known as the Right to Access, it entitles the data subject to have access to and information about the personal data that a controller has concerning them.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Also Data Protection Act 2018.