Last updated: November 24, 2023

1. DEFINITION

1.1 As used herein, the following terms are defined as follows:

1.1.1 “The Company”, “BitMart”, “We” and “Us” refer to the website https://www.bitmart.com (hereinafter referred to as “this Website” or “the Website”), which is a platform dedicated to the transaction of digital assets and the provision of related services.

1.1.2 “Digital Asset” refers to a digital representation of value (also referred to as “cryptocurrency,” “virtual currency,” “digital currency,” “crypto token,” “crypto asset,” or “digital commodity”), which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value.

1.1.3 “Service” refers to services offered on the Website https://www.bitmart.com or when you use the BitMart mobile app.

1.1.4 “User” refers to all persons who explore our services, sign up for and access our Services.  For the convenience of wordings in this Policy, users are also referred to as “you” or any other applicable forms of the second-person pronouns.

1.1.5 “User Account” refers to a user-accessible account offered via the Company’s services, including without limitation, the hosted wallet services where Digital Assets are stored. 

1.1.6 “Personal Information” or “Personal Data” or “your data” refers to any information relating to you as an identified or identifiable natural person, including but not limited to your name, an identification number, location data, or an online identifier or to one or more factors specific to the physical, economic, cultural or social identity of you as a natural person.

2. PURPOSE

2.1 This Privacy Policy describes how we collect, use, and share personal information when you explore, sign up for or access our Services. We collect and use your information in order to provide and improve our Services and your experience, protect the security and integrity of our platform, and meet out legal obligations. We share your information with our affiliates, as well as trusted third parties and service providers, in order to offer our Services and fulfill legal requirements. Please read this Policy carefully as it is legally binding when you use any and all BitMart services, regardless of how you access or use them, including through mobile devices or other portals. Accessing and using our Services means that you accept this Privacy Policy and its terms. If you do not wish for your personal information to be collected, used, or disclosed as described in this Privacy Policy, or you are under 18 years of age, you should stop accessing our Services.

3. COLLECTION OF PERSONAL INFORMATION 

3.1 BitMart may collect and use the following Personal Information from you to provide services:

• Full legal name;
• Nationality;
• Gender;
• Home address, including country of residence;
• Email address;
• Mobile phone number;
• Date of birth;
• Proof of identity (e.g., driver’s license, passport, or government-issued identity card);
• Social Security Number or any comparable identification number issued by a government;
• Utility bills;
• Photographs and/or videos;
• Employment information (e.g. company name);
• Biometric information generated based on photos or videos you provide in order for us to verify your identity;
• Employer identification number (or comparable number issued by a government), Personal identification information for all material beneficial owners of your business if you are an institutional user;
• Other Personal Information that is deemed helpful in verifying whether you are eligible to register with BitMart;
• Other Personal Information that is deemed helpful in ensuring our compliance with legal obligations under applicable anti-money laundering (AML) obligations, including but not limited to the U.S. Bank Secrecy Act (BSA) and/or the European Union’s 4th AML Directive;
• Other Personal Information that is required by any court order, any applicable law, administrative regulation or any order of any other competent government agency.

3.2 BitMart may also collect, receive, and use the following Personal Information from you to monitor and improve the function of BitMart Website, enhancing your experience in using BitMart services: 

• Location Information: Information that is automatically collected via analytics systems providers to determine your location, including your IP address and/or domain name and any external page that referred you to us, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform;
• Log Information: Information that is generated by your use of BitMart services that is automatically collected and stored in our server logs. This may include but is not limited to, device-specific information, location information, system activity and any internal and external information related to pages that you visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website or App (including date and time; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;
• User Account Information: Information that is generated by your BitMart account activities including, but not limited to, instructions regarding funding and disbursement, orders, trades, account balances, and other transactional information;
• Correspondence: Information that you provide to us in written or oral correspondence, including opening a BitMart User Account, engaging customer support, and initiating other kinds of communications to contact us;
• Public Database Information: We may obtain information about you from public databases, such as the United Nations Sanctions List, and the SEC EDGAR, including your name, address, email address, phone number, gender, national ID number, and nationality/country of residence, date of birth, job role, public employment profile, listing on any sanctions lists maintained by public authorities, and other data as necessary;
• Blockchain Data: We may analyze public blockchain data, including timestamps of transactions or events, transaction IDs, digital signatures, transaction amounts, and wallet addresses;
• Information from our Marketing and Advertising Partners: We receive information such as your name and contact information from our marketing partners, including in some instances what marketing content you viewed or the actions you take on our Website;
• Information from Analytics Providers: We receive information about your Website usage and interactions;
• Information from cookies and similar technologies;
• Retail Merchant Information: If you use your BitMart account to conduct a transaction with a third-party merchant, the merchant may provide us with data about you, such as your name and contact details, and your transaction with that merchant;
• Other information that we may receive from other third parties, including but not limited to banks or financial institutions that you use for transaction purposes.

3.3 Personal Information you provide while using BitMart services may be retained, even if your registration is left incomplete or abandoned.

3.4 If you are providing Personal Information of any individual other than yourself to us during your use of BitMart Website and BitMart Services, you promise that you have obtained consent from such individual to disclose his/her Personal Information to us, as well his/her consent to our collection, use and disclosure of such Personal Information under this Privacy Policy.     

4. USE OF PERSONAL INFORMATION

4.1 BitMart uses the Personal Information we collect for the following carefully considered business purposes, which also benefit our Users: 

• To create and maintain your BitMart account;
• To provide you with our Services;
• To provide you with customer support;
• To identify and confirm your identity when you use our Services;
• To determine your legal eligibility for certain regulated products;
• To customize your experience with our service and otherwise improve and upgrade our Services, including but not limited to improvements made per service requests and user feedbacks;
• To maintain and analyze statistics relating to the use of our Services and/or any cooperation with governmental agencies, academic institutions, and public affairs agencies;
• To enable device-based settings (collecting information that you allow us to receive through the device-based settings you enable, such as access to your GPS location, camera or photos which we use to provide the features or services described when you enable the setting);
• To facilitate transactions (your information, whether public or private, will not be sold, exchanged, transferred, or otherwise provided to any other company on any grounds without your consent, except for where doing so is solely and expressly for the purpose of completing the transaction per your instruction);
• To regularly send e-mails and other kinds of service/marketing communications or notifications (the email address that you provide while using BitMart services may be used to receive updates to your transactions and updates, newsletters, promotions, new product or service information, and other kinds of communication, unless BitMart receives specific instructions from you regarding your email preference);
• To research and innovate;
• To promote the safety, security, and integrity of our services;
• To preserve, review, and share information with law enforcement and others to comply with legal and regulatory obligations;
• To meet other purposes as specified in the User Agreement listed on BitMart Website and any and all legal means adopted for satisfying such purposes. 

5. SHARE OF PERSONAL INFORMATION

5.1 BitMart works with service providers, partners, and other third parties to help us provide our services, and as a result we need to share certain information with these third parties as following.

• Affiliates. Personal information that we process and collect may be transferred between companies, services, and employees affiliated with us as a normal part of conducting business and offering our services to you.
• Linked Third Party Websites. When you use third-party services or Websites that are linked through our services, the providers of those services or products may receive information about you that BitMart, you, or others share with them. Please note that when you use third-party services which are not governed by this Privacy Policy, their own terms and privacy policies will govern your use of those services and products.
• Professional advisors, industry partners, authorities, and regulators. We share your information described in Section 3 with our advisors, regulators, law enforcement, government agencies, and industry partners to 1) respond pursuant to applicable law or regulations, court orders, legal process, or government process; 2) comply with our reporting and information sharing obligations with industry partners, including other virtual asset services providers and regulatory authorities; 3) detect, investigate, prevent, or address fraud and other illegal activities or security and technical issues; and 4) protect the rights, property, and safety of our Users, BitMart and its affiliates, or others, including to prevent death or imminent bodies harm.
• Asset Transfer or company acquisition. We may choose to buy or sell assets, and may share and/or transfer information about our Users in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, merged, reorganized, or if we go out of business, enter bankruptcy, or go through some other change of control of similar events, your personal information could be one of our assets transferred to the acquiring party.
• Third-party service providers. We work with third-party service providers to help us provide our services. When we share information with third-party service providers in this capability, we require them to use your information on our behalf in accordance with our instructions and terms and only process as necessary for the purpose of the contract.

5.2 Except those listed above, BitMart does not sell, trade, transfer Personal Information to external parties, or allow external parties to do so on BitMart Website. Nevertheless, your Personal Information will not be provided to external parties for marketing, advertising or other purposes, unless an authorization is directly obtained from you.

6. PROTECTION OF PERSONAL INFORMATION

6.1 We adopt appropriate physical, electronic, technical and managerial measures to protect and safeguard your Personal Information.  We will, to the greatest extent possible, ensure that any Personal Information collected through our Website shall be free from being subject to the nuisance by any external parties.  The security measures that we may take include but are not limited to:   

• Physical measures: Records of your Personal Information will be stored in a properly locked place against loss, theft, unauthorized use, disclosure, or modification.
• Electronic measures: Electronic data that contain your Personal Information will be stored in properly encrypted computer systems and storage media that are subject to strict login/access restrictions.
• Technical measures: Proper encryption techniques, including but not limited to Secure Socket Layer Encryption technology, the zero trust and secure access service edge (SASE), multi-factor authentication (MFA), and Data Loss Prevention (DLP) may be used to protect your Personal Information.
• Managerial measures: Only staff members duly authorized by us can access your Personal Information, and these staff members are duly trained and monitored to comply with our internal code of ethics concerning personal data protection.  
• Other measures that we deem necessary in ensuring the safety of your Personal Information.

6.2 To help us protect your Personal Information, you should maintain the secrecy of your logon ID and password you may have set up while using BitMart services.  We shall not be held liable for damage or loss of any kind caused directly or indirectly by your own failure in maintaining the secrecy of your logon information. 

7. DATA RETENTION

7.1 We retain your information as needed to provide our Services, comply with legal obligations, or protect our or others’ interests. While retention requirements vary by country, we maintain internal retention policies on the basis of how information needs to be used. This includes considerations such as when the information was collected or created, whether it is necessary in order to continue offering you our Services, whether we are required to hold the information to comply with our legal obligations, including AML/KYC compliance or other financial regulatory obligations, or information preservation requirements. We also keep certain information where necessary to protect the safety, security and integrity of our Services and Users.

7.2 We retain biometric information for the period required for financial regulatory compliance or otherwise as required by applicable law. Our third-party identity verification service providers retain this information for as long as set out in their applicable notices/policies.

7.3 In line with these considerations, we delete information that is no longer needed for the above purposes. We will also duly evaluate the need to delete information when you request deletion of your account with us (which you can initiate by clicking the “Account Cancellation” button in the BitMart mobile app).

8. CHILDREN'S PERSONAL INFORMATION

8.1 The Websites and Services are not directed to persons under the age of 18, and we do not knowingly request or collect any information about persons under the age of 18. If you are under the age of 18, please do not provide any personal information through the Website or Services. If a User submitting personal information is suspected of being younger than 18 years of age, BitMart will require the relevant User to close his or her account, and will take steps to delete the individual’s information as soon as possible.

9. COOKIES 

9.1 Browser cookies are text files with small pieces of data downloaded onto your computer or mobile device. Browser cookies and other similar technologies (collectively called “Cookies”) enable websites and apps to store information or facilitate access to information stored on your device to enable certain features and distinguish you from other visitors. These technologies are used by most website and app providers to let users navigate between pages efficiently, ensure security of the webpage or application, understand how their websites are used, remember user preferences and generally improve the user experience. When you use BitMart services, we may place cookies and similar technologies, (such as APIs, mobile advertising identifiers, tags and local storage) on your computer or other devices used to engage BitMart services. 

9.2 We use Cookies for the following purposes:

• Strictly Necessary purposes. Strictly Necessary Cookies are essential for our Services to function and therefore cannot be switched off. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms. These also include cookies we may rely on for security purposes, such as to prevent unauthorized access attempts. You can set your browser to block or alert you about these cookies at any time, but some features of our Services may not work.
• Performance purposes. We use these Cookies to count visits and traffic sources so we can measure and improve the performance of our Services. They help us to know which pages are the most and least popular and see how visitors move around the Websites and Apps, and to resolve any errors that occur on the Services quickly to provide you with a better experience.
• Functional purposes. We use these Cookies to remember the choices you make (e.g. country or language selection) and to tailor our Services to your preferences.
• Targeting purposes. We use first party and third-party cookies for advertising and measurement purposes. These advertising Cookies are used to serve personalized advertising on our Services or to serve advertising on other third-party sites that may be relevant to you or your interests. This means that after you have been to our Services, you may see advertisements about our Services elsewhere on the Internet. These Cookies are also used to help measure the effectiveness of advertising campaigns. The information collected through this process does not enable these third-party service providers to identify your name, contact details or other personal information that directly identifies you. Our third-party service providers may place cookies on your browser or device to help us keep our Services safe and secure, promote our Services on other apps and websites, and enable us, our advertisers and measurement partners to measure the effectiveness of advertising campaigns.

9.3 The length of time a Cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookie. Session Cookies will only stay on your device until you close your browser. Persistent Cookies stay on your browsing device until they expire after a defined duration (for example, a few days, weeks or months) or are deleted.

9.4 You are free to decline most of our session Cookies for each browser or browser add-on permit on each device you use to surf our Website, but choosing to remove or disable our Cookies may interfere with your use and functionality of BitMart services. For more details, please refer to BitMart Cookie Policy.

10. RIGHTS WITH RESPECT TO YOUR PERSONAL INFORMATION 

10.1 Depending on the jurisdiction, you may have the following rights of your Personal Information covered by this Privacy Policy. Please bear in mind that if you choose to exercise such rights this may affect our ability to provide BitMart services.  For inquiries about your Personal Information, please contact us by sending an email to support@bitmart.com and BitMart will make reasonable efforts to accommodate your request.  However, we also reserve the right to impose certain restrictions and requirements on such requests, if allowed or required by applicable laws. Please also note that it may take some time to process your request, consistent with applicable law.

• Right to access and portability: You may request that we provide you a copy of your personal information held by BitMart by sending an email to support@bitmart.com.
• Right to rectification: You may request us to rectify or update any of your personal information held by BitMart that is incomplete or inaccurate by sending an email to support@bitmart.com.
• Right to deletion/erasure: You may request us to erase your personal information held by BitMart unless it is prohibited under applicable law. Any kind of account deletion/erasure requests shall be subject to Section 7.
• Right to withdraw your consent: To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time and BitMart will stop providing Service to you. The lawfulness of BitMart’s processing before you withdraw your consent will not be affected by such withdrawal.
• Right to object to or restrict processing: You may have the right to restrict or object to us using or transferring your personal information based on our legitimate interests, in the public interest, or for direct marketing. We may continue to process your personal information where permitted or required by applicable law. You can opt-out of receiving marketing communications from BitMart by registering with us or sending an email to support@bitmart.com.
• Right to non-discrimination: We will not discriminate against you for exercising any of your rights provided to you under law.

10.2 Under certain US data privacy laws, you may also designate an authorized agent to make these requests on your behalf.

10.3 To protect your privacy and security, we may take steps to verify your identity before complying with your request and we may decline your request if we are unable to verify your identity.

10.4 These rights are not absolute, and may be denied: (a) when granting access or assisting portability would adversely affect the rights and freedoms of others; (b) to protect our rights and properties; (c) where the request is frivolous or vexatious; or (d) as otherwise permitted by law.

11. MODIFICATION

11.1 At sole discretion of the Company, we may amend this Privacy Policy from time to time by posting the amended version on our Website, publishing the effective date of the amended version, and highlighting amendments made. We may announce such amendments to you via email, but you are strongly encouraged to review such Policy regularly. If you do not agree with any of the amendments made, you shall stop using BitMart services immediately. Should you continue to use BitMart services after we release an amended version of this Policy, your continued visit to BitMart Website shall indicate and show that you agree to the update and agree to comply with the updated Privacy Policy.

11.2 We may provide additional "just-in-time" disclosures or information about how we collect or use your information in the context of specific Services; these in-product notices may supplement or clarify our privacy practices or may provide you with additional choices about how we use your information.

12. CONTACT US

12.1 If you have any requests, comments, or questions regarding this policy, please contact us via email at legal@bitmart.com. BitMart will not be responsible for your failure in using effective contact channels, or any act or omission related.