Privacy Policy
of the CaspianEx Digital Asset Trading Facility
Last updated: January 11, 2024
Table of contents
2. Terms Interpretation and Definitions 3
4. Collecting and processing Personal and Usage Data 6
4.1 Provision of personal data 6
4.2 Personal Data processing purposes 6
4.3 Storage of Your Personal Data 6
4.4 Transfer of Your Personal Data 6
4.5 Disclosure of Your Personal Data 7
4.6.1. Organisational and technical arrangements 7
4.6.2. Legislation and regulation 8
4.6.3. Interaction with third parties 8
5. Your Consent to Personal Data Processing 8
5.2 Giving Consent and data provision 9
7. Changes to this Privacy Policy 10
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Introduction
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This Privacy Policy (hereinafter referred to as the "Policy") of Top Line Limited (hereinafter referred to as the "Company") has been developed in accordance with the current Data Protection Regulation of the MFCA in order for the Company to comply with the terms of confidentiality of information of users of the Services of the digital asset trading facility.
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The Policy is an integral part of the Terms of Service and defines the procedure for collecting, processing and storing personal data, as well as measures to ensure the principles of legality, transparency, accuracy and integrity of personal data when providing the Services.
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The Company provides the services of the CaspianEx digital asset trading facility (hereinafter "CaspianEx" or "Platform"), a software package available to Internet users on the CaspianEx website at the URLs: https://caspianex.com and https://exchange.caspianex.com, as well as through other CaspianEx related applications.
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In accordance with the provisions of this Policy and the Terms of Service, the use of the CaspianEx Services is only possible if the User agrees to provide his/her personal information that the Company will request through the functionality of the CaspianEx Platform.
2.1 Interpretation
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For the purposes of this Privacy Policy, the terms "We", "we", "Us", "us", "Our" or "our" refer to the Company. Conversely, "User", "You", "you", "Your", "your" or "yours" refers to any of Our clients or users of the CaspianEx Services.
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Capitalised terms, whether used in the singular or plural in this Policy, shall have the meanings defined below. All other terms used in this Privacy Policy shall have the same meaning as in Our Terms of Service.
2.2 Definitions
The terms and concepts used in this Privacy Policy are defined below:
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Accumulation of personal data – actions aimed at systematising personal data by entering them into a database containing personal data;
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Blocking of personal data – actions to temporarily stop collecting, accumulating, modifying, amending, supplementing, using, distributing, depersonalising and destroying personal data;
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CaspianEx Account means a unique account created for You to access our Services or parts of our Services;
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Collection of personal data – actions aimed at obtaining personal data;
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Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses;
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Customer Service means employees of the Company responsible for providing guidance to Our customers and complaints handling which can be contacted via the methods set out on www.caspianex.com or Our Terms of Service;
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Depersonalisation of personal data (making personal data unidentifiable) means actions which make it impossible to determine whether the personal data belongs to the person to whom the data is related;
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Destruction of personal data – actions as a result of which it is impossible to recover personal data;
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Device means any device that can access the Service such as a computer, a cellphone or a digital tablet;
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Disclosing personal information – actions which result in disclosing personal information, including through mass media, or providing access to personal information in any other way;
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Personal Data (personally identifiable information, sensitive personal data) means any information relating to an identified or identifiable natural person; an identifiable person is a natural person can be identified, directly or indirectly, in particular by reference to an identification number (e.g. social security number) or one or more factors specific to his physical, physiological, mental, economic, cultural or social identity (e.g. name and first name, date of birth, biometrics data, fingerprints, DNA etc);
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Personal information covers a broader range of information than Personal Data and includes usage data, files and technical information related to the user and his activity on the CaspianEx Platform.
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Processing of personal data means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storing, adaptation or modifying, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
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Services belong to the CaspianEx platform and comply with the Terms of Service
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Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Services, to provide the Services on behalf of the Company, to perform services related to the Services or to assist the Company in analyzing how the Services is used;
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Storage of personal data – actions to ensure the integrity, confidentiality and availability of personal data;
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Usage data refers to data collected automatically, either generated when you use our Website or Services, or from the Services infrastructure itself (e.g., the length of a page visit);
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Using personal data – acting with personal data to achieve the Company's business objectives;
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Website refers to CaspianEx, accessible on URLs: https://caspianex.com и https://exchange.caspianex.com;
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You, User means the individual accessing or using the Services, or a legal entity on behalf of which such individual is accessing or using the Services, as applicable.
3.1 Personal Data
In order to provide the Services of CaspianEx, We will request certain personal information from you, which can be used to contact or identify you. Personally identifiable information may include, but is not limited to:
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Identification and contact information – first name, last name, citizenship, date and place of birth, place of residence, passport or other identity document data, e-mail address, other data obtained during the verification of identity and address);
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details of your payment instruments (i.e. instruments used for depositing and withdrawing funds within the framework of Services, including details of public addresses of Digital Assets);
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files of communication with you, including audio and video recordings (phone and video calls, emails, chats);
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information about the purpose of using the Services;
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employment status, source of wealth and source of financing;
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the level of experience in trading digital assets and knowledge of the principles of blockchain technology, if you apply to be classified as a Professional client;
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an economic profile that includes information about the level of your annual income; the current value of wealth; annual investment plans; investment goals (for professional clients only);
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any other data that you voluntarily provide to Us (including when communicating with Our Customer Support Team).
3.2 Usage Data
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Usage data is technical information collected by CaspianEx automatically during your interaction with the Platform, including when using the Services, and may be further processed by Us. For example, the IP address and identifiers of devices or software through which the Platform is accessed by You or someone using Your credentials
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Usage data allows you to identify yourself in order to provide you with access to the Website, as well as to distinguish you from other Internet users, including intruders.
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Usage Data is not Your Personal Data, but is Personal Information related to You or Your Platform account.
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The Company uses cookies that collect technical information about your activity and allow you to be identified by parameters such as the unique identifier and IP address of your device, device type, operating system, browser type and version, the pages of the Website you visit, the time, date and duration of your visit, and others diagnostic data.
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We may also collect information sent by your browser whenever you visit our Services or when you access the Services using a mobile device.
4.1 Provision of personal data
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In order to fulfil Our obligations to provide You with the CaspianEx Services, it is essential that You provide Us with personal data and that We collect and process Your personal and usage data.
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The provision of some of Your personal data during the collection process through the Platform functionality is optional. The fields for entering such data in the Platform interface are marked to indicate that their provision is not mandatory.
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However, failure to provide your personal data may make it impossible to process it and, consequently, to provide you with the Services.
4.2 Personal Data processing purposes
The Company will collect and process your personal data in order to perform the following functions in providing the Services to you and monitoring your use of the Services
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Managing Your CaspianEx account while registering and verifying You as a client, providing You with necessary functionalities and internal services of the Platform.
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Ensuring compliance with any terms and conditions you have purchased or any other agreement you have entered into with us through the Services.
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Provide service and manage your requests to Us.
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Interacting with you by email, telephone, SMS or other equivalent form of electronic communication, such as mobile app push notifications of updates or information relating to features, products or services provided under the Contract, including security updates, where necessary or appropriate for their implementation.
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providing you with news, special offers and general information about other products, services and events we offer similar to those you have already purchased or requested, unless you have opted out of receiving such information.
4.3 Storage of Your Personal Data
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The Company will only retain Your Personal Data for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
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The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
4.4 Transfer of Your Personal Data
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Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to and maintained on computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
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Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to transfer of Your Personal Data.
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The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to any legal person unless there are adequate controls in place including the security of Your data and other personal information.
4.5 Disclosure of Your Personal Data
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Verification of Personal and Transaction Data is performed by Us using the services of third-party service providers to whom Your Data is transmitted. We carry out mandatory due diligence on third party service providers to ensure data protection.
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In addition, Your Personal Information may be disclosed to third parties as required by law and regulation in the legitimate interests of Our business.
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You understand and agree that under certain circumstances, the Company may be required to disclose Your Personal Information if required to do so by law or in response to reasonable requests by government authorities (e.g., a court or government agency).
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We will or may disclose your Personal Information to third parties in the following situations:
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To use specialised third party services to perform data verification procedures, monitor and analyse the use of the Services.
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If the Company is involved in a merger, acquisition or sale of assets, the CaspianEx Platform information databases, including your Personal Information, may be transferred to the acquiring party. In this case, your personal information will be subject to the privacy policy of the other operator.
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To government authorities of the Republic of Kazakhstan or the Astana International Financial Centre ("AIFC") for compliance with legal obligations under the laws of the Republic of Kazakhstan and/or regulatory requirements of the AIFC.
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In circumstances where it is necessary to prevent a potential offence or investigate an offence in any way related to the Services, as well as to protect against legal liability and defend the rights or property of the Company.
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You understand and agree that the Company is not responsible for the disclosure of Your Personal information if it is made available to others as a result of Your interactions in public areas or social media where You share personal information
4.6 Privacy
The Company is guided by an effective security policy containing necessary and sufficient measures to protect Your Personal Data from unauthorised or accidental access, destruction, modification, blocking, copying, distribution of personal information of users of CaspianEx Services.
The Company has implemented the following organisational and technical measures to protect the Personal Data of the users of CaspianEx Services:
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Implementing a rigorous system for processing and storing Personal Data, rules for managing access to data using the principles of minimal and reasonable access.
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Implementation of monitoring and auditing to track access to data and identify suspicious activity.
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Use of data encryption mechanisms in data transmission processes.
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Use effective network security, intrusion detection and vulnerability remediation.
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Have a backup and disaster recovery plan to minimise loss of information.
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A security incident response plan to manage and remediate threats.
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Provide regular training to employees on data security and privacy issues.
Legal and regulatory measures to protect personal data:
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Ensure that the Company complies with all applicable laws and regulations relating to the protection of personal data.
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Liaise with regulatory authorities and obtain relevant authorisations.
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Monitor changes in legislation and technological requirements to maintain a high level of security..
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The protection of your personal data during data transfer to third parties when the Platform is integrated with technological services of service providers is ensured by contractual obligations for the transfer, processing and protection of personal data and the level of responsibility of the parties.
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The Company assesses the compliance of the Service Provider and its systems with data security standards and requires the Service Provider to use effective encryption and other information protection measures.
The security of Your Personal Data is extremely important to Us, but please remember that no method of transmission over the Internet or method of electronic storage is 100% secure. Although We endeavour to use the most effective and acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
5.1 Consent conditions
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Your access to the CaspianEx Platform and use of the Services is subject to Your consent to provide the required Personal Data and to the further collection and processing of Your Personal Data by the Company (the "Consent").
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Before giving Consent, You should read and understand our Terms of Service and the terms of this Privacy Policy. Your Consent means that you find all the terms of these documents acceptable.
5.2 Giving Consent and data provision
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You give your Consent on the CaspianEx registration page when you tick the "I agree to the Privacy Policy" box and click the "Create a new account" button when registering on the CaspianEx platform. In addition, entering your personal information when completing feedback forms on any CaspianEx related resource is also an expression of your Consent.
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Your Personal Data is provided when you fill in the input fields and upload scanned copies of the required documents on the Platform interface.
5.3 Validity of Consent
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This Consent applies to Your Personal Data that the Company receives from You when You visit the CaspianEx Platform, register and use the CaspianEx Services.
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Consent to the processing of Your Personal Data includes consent for Us to carry out the following actions - collection, input into databases (including electronic databases), storage, systematisation, completion, use, transfer within the Company and across borders, blocking, depersonalisation, destruction in accordance with the purposes of the processing of Personal Data and in compliance with the requirements of the applicable legal and regulatory norms.
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The Consent given by you is full and unconditional.
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The period of validity of Your Consent is unlimited, however, You may at any time send a written request to revoke this Consent to the following e-mail address: info@caspianex.com. In this case, the Company's decision to satisfy Your request will be made taking into account the requirements of the legislation of the Republic of Kazakhstan and the regulatory rules of the AIFC regarding the period of storage of such data.
5.4 Refusal of Consent
If You do not agree to provide the Company with the Personal Data required to provide the Services to You and/or to comply with Our legal and regulatory requirements, and/or if You do not consent to the further collection, processing and transfer of Your Personal Data, You should refuse to register on the CaspianEx Platform and to complete feedback forms on any CaspianEx related resource.
5.5 Use of "cookies”
The information system of the CaspianEx Platform uses "cookies" technology to collect technical information about Your activities during Your visit to the CaspianEx Website, such as the time and duration of Your visit, IP addresses and identifiers, types and versions of the operating systems of Your devices, types and versions of browsers or other programs used by You to access the Platform. This information does not refer to Personal Data and does not require consent for its collection and processing
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Our Services may contain links to third party websites that are not operated by Us. If You click on such a link, You will be redirected to that third party's website. We strongly encourage You to read the Privacy Policy of each website You visit.
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We have no control over, and are not responsible or liable for, the content, privacy policies, or practices of any third party sites or services.
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We may update our Privacy Policy from time to time.
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We will notify You of changes to this Privacy Policy on the CaspianEx Website and Our Services before the changes take effect and update the "Last Updated" date at the top of this Privacy Policy.
If You have any questions regarding this Privacy Policy, You may contact Us by email: info@caspianex.com.