Last Updated: October 21, 2019
INTRODUCTION
Welcome toLushgreen Assets Trading’s privacy policy (this “Privacy Policy”).
LushGreen Assets Trading (Commercial Register No. FL-0002.613.705-0), “LushGreen Assets Trading”, “we”; “us”; “our”) respects your privacy and is committed to protecting your personal information or, as otherwise termed, your “personal data”. In that regard,Lushgreen Assets Trading has launched and offers a service which provides our clients (subject to prior account registration) with access to certain virtual financial assets on an online trading platform (the “Platform”) which is accessible via the website lushgreenassets.com (which is accessible by going to any number of websites including www.lushgreenassets.com) (the “Site”) or our mobile applications or any application programming interface (API) provided byLushgreen Assets Trading relating to the Site. The Platform automatically matches trades with open orders from other traders, In addition to the matching and trading services offered over the Platform, the Platform also offers digital wallet services to registered account users, allowing them to store the virtual financial assets which are traded over the Platform.
This Privacy Policy explains how information about you is collected, used, and disclosed byLushgreen Assets Trading and to set out the basis on which we will process your personal data when you:
This includes any data that you may provide for and in relation to our newsletters, updates, events and other marketing and promotional communications.
This Privacy Policy also informs you about: (i) how we will handle and look after your personal data, (ii) our obligations in regard to processing your personal data responsibly and securely, (iii) your data protection rights as a data subject, and (iv) how the law protects you. It should be read in conjunction with our IP Address and Cookie Policy
This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below.
1. IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this Privacy Notice
We process your personal data in an appropriate and lawful manner, in accordance with the Liechtenstein Data Protection Act of 4 October 2018 (the “Act”) as amended, and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), as well as subsidiary legislation and regulations promulgated thereunder.
This Policy aims to give information on howLushgreen Assets Trading collects and processes your personal data in the scenarios outlined above in the ‘Introduction’ (namely, through your use of the Site, the Platform and our related services, including any data that you may provide to us or which we may receive).
The Site and the Platform are not intended for minors (i.e., persons under 18 years of age) and we do not knowingly collect personal data relating to minors.
It is important that you read this Policy together with any other privacy notice or policy which we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Policy supplements the other notices and is not intended to override them.
Controller
LushGreen Assets Trading as defined above is the controller and responsible for your personal data.
We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this Policy and our processing activities in general. If you have any questions or requests, including any requests to exercise your legal rights as a data subject, please contact the DPO using the details set out below.
Contact Details
Full name of legal entity: Lushgreen Assets Trading (Commercial Register No. FL-0002.613.705-0)
Name of DPO: Siegfried Herzog
Email address: compliance@lushgreenassets.com
Postal address: Dr. Grass-Strasse 12, 9490 Vaduz
Last update and Your Duty to Inform Us of Changes
This Policy was last updated on October 21, 2019.
It is imperative that the personal data we hold about you is accurate and current at all times. Otherwise, this will impair our ability to provide you with the availability of our Platform (amongst other potential and salient issues). Please keep us informed if your personal data changes during your relationship with us. For your right to rectification of the processed information, please refer to sub-paragraph ii of Section 10 of the Policy.
Third-Party Links
Our Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy notices, statements or policies.
We encourage you to read the privacy Policy of every website you visit.
2. KEY DEFINITIONS
Set out below are key definitions of certain data protection terms which appear in this Privacy Policy.
“Consent Form” refers to separate documents which we might from time to time provide you where we ask for your explicit consent for any processing which is not for purposes set out in this Privacy Policy.
“Data subjects” means living individuals (i.e. natural persons) about whom we collect and process personal data.
“Data controller” or “controller” means any entity or individual who determines the purposes for which, and the manner in which, any personal data is processed.
“Data processor” or “processor” means any entity or individual that processes data on our behalf and on our instructions (we being the data controller).
“Personal data” means data relating to a living individual (i.e. natural person) who can be identified from the data (information) we hold or possess. This includes, but is not limited to, your name and surname (including maiden name where applicable), address, date of birth, nationality, gender, civil status, tax status, identity card number & passport number, contact details (including mobile and home phone number and personal email address), photographic image, bank account details, emergency contact information as well as online identifiers. The term “personal information”, where and when used in this Privacy Policy, shall be taken have the same meaning as personal data.
“Processing” means any activity that involves use of personal data. It includes collecting, recording or holding the data, or carrying out any operation or set of operations on the data including, organising, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, disseminating or otherwise making available, aligning or combining, restricting, erasing or destroying it. Processing also includes transferring personal data to third parties.
“Sensitive personal data”, “sensitive data” or “special categories of personal data” includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, genetics and genetics-related aspects, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings, or the conviction or the sentence of any court in such proceedings. This type of sensitive data can only be processed under strict conditions set forth in articles 9 and 10 of the GDPR.
Note that personal data does not include information relating to a legal person (for example, a company or other legal entity). In that regard, information such as a company name, its company number, registered address and VAT number does not amount to personal data in terms of both the Act and the GDPR. Therefore, the collection and use of information strictly pertaining to a legal person does not give rise to data controller obligations at law. Naturally, we will still treat any and all such information in a confidential and secure manner.
3. THE PERSONAL DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified (as stated above). It does not include data where the identity has been removed and is not relatable to an identified or identifiable person (anonymous data). In the course of your relationship with us (including during the account opening stage), we may collect, use, store and transfer different kinds of personal data about you which we have grouped together.
We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive feature of the Services, fill out a form, participate in a community or forum discussion, complete an exchange transaction, apply for a job atLushgreen Assets Trading, request customer support or otherwise communicate with us. The types of information we may collect include your name, date of birth, email address, postal address, phone number, certain virtual financial asset information, and, in addition any further information you choose to provide. Only personal information necessary for carrying out and performing our tasks and services, or made available by you on a voluntary basis, is collected.
For avoidance of doubt, categories marked in blue are applicable to customers (i.e. individuals who hold a registered customer account with us). We shall request this information in order to be able to register you on our Platform.
The categories of personal data marked in green below are applicable to customers holding a registered account with us who start trading over the Platform and otherwise make use of our Services, thus coming in addition to the data categories marked in blue above.
For the duration of this information being stored, please see Section 9. In accordance with the relevant legal obligations, AML / KYC Data will be stored until ten years after the termination of the customer relationship. The storage’s purpose is based on ensuring the operability of the system, ensuring the performance of the transactions on the Platform, the compliance with the legal duties concerning KYC/AML/due diligence duties.
For the duration of this information being stored, please see Section 9. The storage’s purpose is based on ensuring the operability of the system, ensuring the performance of the transactions on the Platform, the compliance with the legal duties concerning KYC/AML/due diligence duties, and to maintain the integrity of the system.
In all cases, we collect the following information upon access to our Site:
For the duration of this information being stored, please see Section 9. The storage’s purpose is based on the security of processing in order to ensure the stability and operational security of the system as well as for statistical purposes in order to derive Aggregated Data from Usage Data.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data will be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of the Site and/or the Platform. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
If you fail to provide Personal Data
Where we need to collect personal data about you:
and you either fail to provide that data when requested, or else provide incomplete or insufficient data, we may not be able to perform or conclude the contract which we have or are otherwise trying to enter into with you (namely regarding your account opening on the Platform and provision of our related services).
In certain instances, particularly where this relates to AML / KYC Data, we may even need to exercise our prerogative to terminate our contract with you, and thus withdraw the availability of our services to you, or else, if still at application stage, we may have to decline to enter into a relationship with you. We will, however, notify you if this is the case at that point in time.
Sensitive Personal Data
We do not knowingly collect any information qualifying as Special Categories of Personal Data under article 9 of the GDPR (or Sensitive Personal Data) about you. Should we receive sensitive personal data about you, we will only process that data where there is a legitimate reason and purpose as set down in article 9 para. 2 of the GDPR to do so and, in all circumstances, in accordance with our obligations at law and under the appropriate safeguards.
As set out below in Section 5, we collect and process AML / KYC Data in order to be able to (i) comply with legal and regulatory obligations, as applicable (ii) conduct our AML and KYC checks, and other due diligence checks, on you, (iii) verify your identity or claimed identity and identify and/or verify your source of funds and source of wealth, as appropriate, (iv) perform a risk assessment on the potential customer relationship, (v) take an informed decision on whether we want to enter into a customer relationship with you, and, if positive, to conduct initial and ongoing screening and monitoring and (vi) to comply with any legal or regulatory obligation that we may have and/or any Court, regulatory or enforcement order that may be issued upon us.
4. HOW IS YOUR PERSONAL DATA COLLECTED?
(A) Account Registration and Opening.
We will ask you to provide us with your Identity, Contact, Financial and AML/KYC Data when you apply to register and open an account with us on our Platform (including at account finalisation stage). You provide these personal details and information to us, which we collect and process, when you fill in and submit our application form (together with other related forms), and complete our required application steps.
Your Account Data will be generated on the basis of your application, and is also processed and stored by us. For the duration of this information being stored, please see Section 9.
(B) Service Use.
This encompasses all of the data categories listed in Section 3 (namely, Identity, Contact, Financial, AML and KYC Data, Marketing and Communication Data; Enhanced KYC Data, Portfolio Data, and Transaction Data)
(C) Direct Interactions.
You may also give us your Identity, Contact, Financial, AML/KYC Data, Marketing and Communications Data, and Transaction Data by filling in our other forms (i.e. separate to our account opening and registration form), or by corresponding with us by post, phone, e-mail or otherwise. This includes personal data that you provide when you, as applicable:
(D) Automated Technologies or Interactions.
As you interact with the Platform and the Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns (please see the bullet point “Technical/LOG Data” for the relevant information that is collected and processed). We collect this personal data by using cookies, server logs and other similar technologies.
Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits, manage the registration process for accounts, remember your site preferences, retain certain information to process orders for exchange transactions, and retain information to provide you with support. Web beacons are electronic images that may be used on our Platform or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. Cookies remain stored until you delete them. Thus, we can recognize your browser when you visit the Site again.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that choosing to remove or reject cookies could affect the availability and functionality of our Services.
The legal basis for the data processed by the way of cookies is article 6 para. 1 subpara. 1 lit. f of the GDPR.
Cookies retain their validity for the minimum period necessary for their functionality
Please see our IP Address and Cookie Policy /hc/en-us/articles/360009622620 for further details.
Furthermore, we analyse the use of our internet presence with the web analysis tool Google Analytics. This exclusively serves the optimisation of the Site with regard to user-friendliness and to making available useful information about our services. There is no consolidation of this information with other sources of information relating to persons; nor does a transfer to third parties occur.
The legal basis for the temporary storage of information and the logfiles is article 6 para. 1 subpara. 1 lit. f of the GDPR.
There is no personal evaluation. The analyses are based on anonymized sets of data.
(E) Third Parties or Publicly Available Sources.
We also obtain information from other sources and combine that with information we collect through our Services. For example, we collect information about you from third parties, including but not limited to social media platforms and publicly available sources.
We also receive personal data about you from various third parties and public sources, as set out below:
On our Site, we use “Google Analytics”, a web analysis service by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, for evaluating the usage of our Site. Google Analytics uses cookies (see subsection D) that are saved on your computer. The information on the usage of our Site and the internet by the user can be processed and evaluated by Google.
You can opt out of making your site activity available to Google Analytics by installing and activating the Google Analytics opt-out browser add-on (for Chrome, available on https://chrome.google.com/webstore/detail/google-analytics-opt-out/fllaojicojecljbmefodhfapmkghcbnh?hl=en) or a similar browser add-on corresponding with the browser you use (Edge, Firefox, Safari etc.). The add-on prevents the Google Analytics JavaScript that is running on websites from sharing information with Google Analytics about visit activity.
The information collected by Google will, if applicable, transferred by Google to countries outside the European Union and the European Economic Area, including in particular to the USA. However, Google has submitted to the Privacy Shield Framework. For further information regarding your rights as a result thereof, please see http://ec.europa.eu/justice/data-protection/document/citizens-guide_en.pdf.
Furthermore, we ensure that your IP Address is anonymised before the transfer to Google.
The legal basis for the use of Google Analytics is article 6 para. 1 subpara. 1 lit. f of the GDPR.
We also receive personal data from advertising networks such as Google Ads, which uses Google Analytics as explained above:
On our Site, we use “Google Ads”, an advertisement service by Google Inc. for providing user information related toLushgreen Assets Trading. Google Ads uses cookies (see subsection D) that are saved on your computer. The information on the usage of our Site and the internet by the user can be processed and evaluated by Google.
Regarding the transfer of the relevant information collected by Google, please see the corresponding statement on Google Analytics.
The legal basis for the use of Google Ads is article 6 para. 1 subpara. 1 lit. f of the GDPR.;
5. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when Liechtenstein law allows us to. Most commonly, we will use our personal data in the following circumstances:
Purposes for which we will Use your Personal Data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate. We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at compliance@lushgreenassets.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|
Purpose/Activity |
Type of Data |
Lawful Basis for Processing (including Basis of Legitimate Interest) |
|
(i) To conduct due diligence checks on you (following your application to open and register an account). (ii) To determine if we will enter into a customer relationship with you and, if positive, to register your account and on-board you as a new customer. |
(a) Identity; (b) Contact; (c) Financial; (d) AML / KYC Data;
|
(a) Performance of a contract with you. (b) Necessary for compliance with our legal obligations (c) Necessary for our legitimate interests, including to establish and verify: - your identity and suitability for our Platform, - the existence of any risks that you may present as a prospective customer, - your ability to meet financial commitments, - and ultimately, to enable us to take an informed decision on whether we should enter into a customer relationship with you. |
|
(i) To establish and verify your identity. (ii) To fulfil our other internal KYC policies and requirements, including, but not limited to a risk assessment. (iii) To fulfil any external mandatory reporting obligations that we may have to the FIU, the FMA, the Commercial Register, the Police and any other (including overseas) public, regulatory, law enforcement or tax authority. |
(a) Identity; (b) Contact; (c) AML / KYC Data; (d) Transaction; (e) Enhanced KYC Data. |
(a) Necessary to comply with a legal obligation. (b) Necessary for our legitimate interests (for risk assessment purposes, to prevent and mitigate against fraud, to safeguard the reputation of our business). |
|
To provide the Services, in particular: (i) to match any orders for virtual financial assets in order to find an appropriate trade with another registered user; (ii) manage payments, fees, charges and subscription costs; and (iii) collect and recover money as may be appropriate; and (iv) investigate any suspected fraudulent transactions |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Portfolio |
(a) Performance of a contract with you (b) Necessary for our legitimate interest to collect and recover debts and prevent fraudulent transactions |
|
For legal, tax and accounting purposes (e.g. reporting to tax authorities, and accounting record requirements). |
(a) Financial; and (b) Transaction. |
Necessary to comply with a legal obligation. |
|
To detect, prevent and report fraudulent or suspicious orders/transactions. |
(a) Identity; (b) Contact (c) Applicant (d) AML / KYC Data (e) Enhanced KYC Data; (f) Financial; (g) Portfolio; (h) Transaction. |
Necessary for our legitimate interests, including in particular to: - protect the reputation of our business; - avoid any complicity or association with fraud; - report fraudulent or otherwise suspicious orders that we receive (or which later came to our knowledge) to relevant public authorities. |
|
To manage our relationship with you, including in particular to: (i) notify you about changes to our terms and conditions or privacy notices; (ii) inform you about changes to our Platform (including the addition of new virtual financial assets that are available to trading); (iii) deal with your enquiries, requests, complaints or reported issues; (iv) provide you with customer support and assistance; (v) contact you in relation to your account, portfolio and other related matters; (vi) ask you to participate in a survey; (vii) request feedback from you; (viii) advise you of industry and legislative updates; (ix) inform you about our events; (x) provide you with information about our Platform; (xi) administer your account; (xii) provide you with any other information or materials that you have requested to receive from us; (xiii) manage disputes with you or other players; (xiv) to identify and correct issues with the Platform and/or the Site. |
(a) Identity; (b) Contact; (c) Financial; (d) Account; (e) Portfolio; (f) Transaction; (g) Usage; (h) Profile; (i) Marketing and Communications.
|
(a) Performance of a contract with you.
(b) Necessary for our legitimate interests (for ‘customer care’ and service matters, to study how clients use our Platform, to assess our operations, to develop them and grow our business).
|
|
To administer and protect our business, including the Platform and the Site, (including troubleshooting, data analysis, testing, system maintenance, support, safety and security testing, reporting and hosting of data). |
(a) Identity; (b) Contact; (c) Technical; (d) Account. |
(a) Necessary for our legitimate interests (for running and administering our business, network security, to prevent fraud, and in the context of a business reorganisation or group restructuring exercise). (b) Necessary to comply with a legal obligation. (c) Performance of a contract with you. |
|
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising which we serve to you. To ensure that our content is presented in the most effective manner for you and your computer and devices, and in a user friendly manner. |
(a) Identity; (b) Contact; (c) Account; (d) Usage; (e) Marketing and Communications; (f) Technical. |
Necessary for our legitimate interests (to study how clients use our Platform, to develop them, to grow our business and to inform our marketing strategy). |
|
To use data analytics, including those collected by third parties such as Google Analytics and Google Ads, to improve the Site and Platform, marketing, customer relationships and experiences. |
(a) Technical; (b) Usage. |
Necessary for our legitimate interests (to define types of clients and investors that have registered an account on our Platform, to keep the Site and the Platform updated and relevant, to develop our business and to inform our marketing strategy). |
We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at the following email address: compliance@lushgreenassets.com.
Marketing
We strive to provide you with choices regarding certain personal data uses in relation to your account. Through your Account, Identity, Contact, Technical, Usage and Marketing and Communications Data, we can form a view on what we think you may want or need. We will send details as to how you may enhance your trading activity in relation to the account.
You may receive marketing communications from us (which may consist of newsletters, industry updates, mailshots, publications, promotional materials and/or information about our events) where:
Third-Party Marketing
We will get your express opt-in consent before we share your personal data with any third parties (including our associated or related corporate entities) for marketing purposes. If consent is not provided, your personal data shall not be shared.
Opting Out
You can ask us to stop sending such advertising and marketing communications at any time by:
Where you opt out of receiving such communications, this will not apply to personal data processed or provided to us as a result of your entry into a customer relationship with us and our Platform for the other respective purposes.
Change of Purpose / Processing under a Different Purpose
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 and that reason is compatible with the original purpose, or we are obliged to process your data by applicable laws or court or other enforceable orders.
If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at compliance@lushgreenassets.com.
If we need to use your personal data for an unrelated purpose based on a legal provision requiring such processing, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without the need to obtain your consent, in compliance with the above rules, where this is required or permitted by law.
6. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in Section 5 above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law (including applicable data protection and privacy law). We do not allow our third party business partners or service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our documented instructions. Furthermore, these third parties access and process your data on the basis of strict confidentiality and subject to the appropriate security measures and safeguards.
We may also disclose your data:
(i) if we are under a duty to disclose or share your personal data to comply with any legal obligation, judgment or under an order from a court, tribunal or authority, or
(ii) if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety ofLushgreen Assets Trading or others, or
(iii) in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; or
(iv) if we have your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
7. INTERNATIONAL TRANSFERS
We do not generally transfer your personal data to entities outside the European Economic Area (“EEA”) except as may be necessary to: (i) enable your use of the Platform and our Services, (ii) fulfil our contractual obligations to you or exercise our contractual obligations against you, (iii) comply with our legal or regulatory obligations or (iv) assert, file or exercise a legal claim. Where we do need to transfer your personal data outside the EEA (whether for these stated purposes or any other purpose listed in Section 5 above), we will ensure a similar degree of protection is afforded to that personal data by ensuring at least one of the following safeguards applies or is otherwise implemented:
In particular, we intend to share your personal data with LushGreen Assets , Inc. of 800 5th Street, Suite 4100, Seattle, Washington, USA.
Such transfers of your personal data shall only take place subject to the appropriate safeguards. In particular we make use of Standard Contractual Clauses approved by the European Commission in order to transfer your personal data to our service providers indicated above.
Please contact us at compliance@lushgreenassets.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
8. DATA SECURITY
While no online or electronic system is guaranteed to be secure, we take reasonable measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction.
In relation to you visiting our Site, we use the industry standard encryption for the connection between our servers and the user's browser. Whether an individual page of our internet presence is transmitted through encryption can be seen by e.g. the shut padlock symbol in your browser’s address bar.
We have put in place appropriate technical and organisational security measures to prevent your personal data from being partially or entirely lost, accidentally or intentionally manipulated, used or accessed in an unauthorised way by third parties, altered, disclosed, or destroyed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Our security measures are improved in accordance with technological progress.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9. DATA RETENTION
How long will you use my personal data for?
Please note that we consider our relationship with you to be an ongoing and continuous customer relationship, until terminated.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for (i.e. the ongoing service provision) and, thereafter, for the purpose of satisfying any legal, accounting, tax, KYC and AML, and reporting requirements or obligations to which we may be subject and/or to the extent that we may also need to retain your personal data to be able to assert, exercise or defend possible future legal claims against or otherwise involving you.
By and large, our retention of your personal data shall not exceed the period of three (3) years from the date of the termination of your relationship with us (which would typically arise from the closure/de-registration of your account on the Platform). This period of retention enables us to use the data in question for the possible filing, exercise or defence of legal claims (taking into account the timeframe of applicable statutes of limitation and prescriptive periods). In certain cases though, we may need to retain your data for a period of up to ten (10) years in order to comply with applicable accounting and tax laws (this will primarily consist of your Transaction Data).
In the event thatLushgreen Assets Trading’s activities are held by competent legislators and regulators to amount to a ‘relevant activity’ under due diligence law, we will retain your AML and KYC Data for the duration of your business relationship with us and for a further period of ten (10) years following its termination. We may need to revise this AML retention period in the event of applicable legal or regulatory developments, but we will notify you if this is the case at the time.
In some circumstances, you can ask us to delete your data. See below for further information.
Kindly contact our DPO for further details about the retention periods that we apply.
Data Minimisation
Whenever and to the extent possible, we anonymise the data which we hold about you when it is no longer necessary to identify you from the data which we hold about you (anonymous data).
In order to collect, use, and share Aggregate Data (see section 3), we will even anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice.
10. YOUR LEGAL RIGHTS
You have rights under data protection laws in relation to your personal data.
If you wish to exercise any of the rights set out above, please contact us at compliance@lushgreenassets.com . These rights are explained below.
No Fee usually required
You will not normally have to pay a fee to exercise your data subject rights.
However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in the above circumstances.
What we need from you
We will need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other data subject rights). This includes your name, address, date of birth, and (in case of a passport/identity card being requested) its validity period.
Time limit to Respond
We try to respond to all legitimate requests within the period of one month from receipt of the request.
Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you within four weeks and keep you updated.
Your Legal Rights
According to the GDPR, you have the right to:
i. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. In particular, you are entitled to receive information on the processing purposes, the categories of personal information, the categories of recipients to whom your personal data has been or is disclosed, the intended duration of storage, the existence of a right to correction or rectification, erasure, restriction of or objection to processing, transfer (data portability), the information’s origin (as far as it has not been collected on our part), as well as on the existence of automated individual decision-making including profiling. You may send an email to compliance@lushgreenassets.com requesting information as the personal data which we process. You shall receive one copy free of charge via email of the personal data which is undergoing processing. Any further copies of the information processed may incur a charge of € 10.00.
If the confirmation as stated above cannot be delivered to you within one month after receiving the request due to the complexity of the request, we will inform you of the extension of the deadline (of two months maximum) within one month after receiving your request, while providing reasons for the delay. The requested information will be delivered no later than within three months after receiving the request (article 12 para. 3 GDPR), about the third party or publicly accessible source from which we have collected your personal data.
ii. Request correction or rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected and/or updated, though we may need to verify the accuracy of the new data you provide to us. As mentioned, it is in your interest to keep us informed of any changes or updates to your personal data which occur during the course of your relationship with us.
iii. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where:
Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. These may include instances where continued processing is necessary in order to be able to:
iv. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes (see Marketing in Section 5 above).
In some cases, the right to object will not lead to us no longer processing the personal data due to compelling legitimate grounds to further process your information overriding your interests, rights and freedoms. In such cases, we will demonstrate these grounds in a clear and specific manner.
v. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
vi. Request the transfer (data portability) of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information (see Section 4 subsection D) with regard to which you initially provided consent for us to use or where we used the information to perform a contract with you.
vii. Withdraw consent at any time where we are relying on consent to process your personal data (which will not generally be the case). This will not however affect the lawfulness of any processing which we carried out before you withdrew your consent. Any processing activities that are not based on your consent will remain unaffected by the withdrawal of consent.
Kindly note that none of these data subject rights are absolute, and must generally be weighed against our own legal obligations and legitimate interests. If a decision is taken to override your data subject request, you will be informed of this by our data protection team along with the reasons for our decision.
viii. Right to file a complaint with the supervisory authority: If you are of the opinion that your personal information has been processed unlawfully or that your rights under the Act and/or the GDPR have been breached, you have the right to lodge a complaint at any time to a competent supervisory authority on data protection matters, such as in particular the supervisory authority in the place of your habitual residence or your place of work. In the case of Liechtenstein, this is the Datenschutzstelle (Office for Data Protection), Städtle 38, P.O. Box 684, 9490 Vaduz, Liechtenstein (https://www.datenschutzstelle.li). We would, however, appreciate the opportunity to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance .
Your Choices Regarding Your Account Information
You may update, correct, or delete information about you at any time by logging into your online account. If you wish to delete or deactivate your account, please visit , but note that we may retain certain information as required by law or for legitimate business purposes, as further highlighted above.
11. CHANGES TO THIS PRIVACY POLICY
We may change this Privacy Policy from time to time, particularly where we need to take into account and cater for any (i) business developments and/or (ii) legal or regulatory developments to the issuance or trading of virtual financial assets and virtual financial assets under applicable law. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.
If you have any questions regarding this Notice, or if you would like to send us your comments, please contact us today or alternatively write to us using the details on our website.
CONTACT US
If you have any questions about this Privacy Policy, please contact us at compliance@lushgreenassets.com.