Last Updated: 5 February 2023

The INX Digital Company, Inc. and its wholly-owned, separately operated subsidiaries, including INX Digital, Inc. and INX Securities, LLC (collectively, “INX”, “We”, “Us”) value the privacy of individuals who visit https://www.inx.co/ and any of our other websites, applications, or services that link to this Privacy Policy (collectively, the “Service”). The Service users who buy, sell or trade cryptocurrencies or security tokens will be collectively referred to as “User(s)”.  This Privacy Policy (“Policy”) is designed to explain how We collect, use, and share information from Users of the Service and is incorporated by reference into our Terms of Service.

The User, by agreeing to this Policy in the account setup and through the continued use of the Service, agrees to the terms and conditions of the Policy.

Information We Collect
We collect any information the User provides to Us when using the Service. The User may provide Us with information in various ways on the Service.

Registration: If a person registers with Us as a User, they are required to provide Us with their name and email address and to designate a password. In order to use the cryptocurrency trading venue or the security token trading platform as a User, We will also require certain information to confirm their identity. For example, Users hoping to trade cryptocurrencies or security tokens in an individual capacity, and not on behalf of a corporation or trust, will need to provide their full name, date of birth, country of residence, full address, phone number and social security number(s). Users will also need to complete a questionnaire regarding their employment, financials and investment experience. We may also require Users to provide Us with other personal information which in our sole discretion We deem necessary to comply with our legal obligations. 

Identification information: Users will be asked to provide certain identifying documents as well as other information We need in order to verify their identity and residential address and other documents such as proof of funds. Such documents and information may contain personal information.

Financial Information: Users may buy, sell, or trade cryptocurrencies and/or security tokens using traditional fiat currency and/or cryptocurrency. To facilitate these transactions, We may collect necessary financial information, such as the User’s bank’s routing number and account number.

Communications: If the User Contacts Us directly, We may receive additional information about them. For example, when the User emails the Customer Support team, INX will receive the User’s email address, the contents of a message or attachments that the User may send to Us, and other information the User chooses to provide.

Information We Collect Automatically From Users’ Use of the Service
When Users use our Service, we may collect information from them through automated means, such as cookies, web beacons­­­, and web server logs. By using the Service, Users consent to the placement of cookies, beacons, and similar technologies in their browser and on emails in accordance with the Policy. The information collected in this manner includes IP address, browser characteristics, device IDs and characteristics, operating system version, language preferences, referring URLs, and information about the usage of our Service.

We may use this information, for example, to ensure that the Service functions properly, to determine how many users have visited certain pages or opened messages, or to prevent fraud. We also work with analytics providers which use cookies and similar technologies to collect and analyze information about use of the Service and report on activities and trends.

If a User does not want information collected through the use of cookies, there is a procedure in most browsers that allows Users to automatically decline cookies or be given the choice of declining or accepting the transfer to their computer of a particular cookie (or cookies) from a particular site. Users may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html.

If, however, Users do not accept cookies, they may experience some inconvenience in their use of the Service.

How We Use Users Information
We may use the information We collect:

• To verify the identity and accreditation status of Users, which may include conducting a soft pull on User’s credit history, and to facilitate participation in the Service.
• To operate, maintain, enhance and provide features of the Service, to provide services and information that the User requests, to respond to comments and questions, and otherwise to provide support to Users.
• To understand and analyze the usage trends and preferences of Users, to improve the Service, and to develop new products, services, features, and functionality.
• To contact Users for administrative or informational purposes, including by providing customer service or sending communications, including changes to terms, conditions, and policies.
• For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest.
• To personalize the User experience on the Service by presenting tailored content.
• We may aggregate data collected through the Service and may use and disclose it for any purpose.
• For INX business purposes, such as audits, security, compliance with applicable laws and regulations, fraud monitoring and prevention.
• To enforce the Terms of Service or other legal rights.

How We Share Users Information
We may disclose information that We collect through the Service to third parties in the following circumstances:

• To credit bureaus and other third parties who provide know your customer and anti-money laundering services, including verifying users as accredited investors.
• To INX third party service providers who provide services such as website hosting, data analysis, customer service, email delivery, auditing, and other services.
• To a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the business, assets or stock (including in bankruptcy or similar proceedings).
• If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside the User’s country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside the User’s country of residence; (d) to enforce our terms and conditions; (e) to protect the INX operations or those of any of its subsidiaries; (f) to protect the INX rights, privacy, safety or property, and/or that of its subsidiaries, the User’s or others; and (g) to allow Us to pursue available remedies or limit the damages that We may sustain.

In addition, We may use third party analytics vendors to evaluate and provide Us with information about the User’s use of the Service. We do not share your information with these third parties, but these analytics service providers may set and access their own cookies, pixel tags and similar technologies on the Service and they may otherwise collect or have access to information about the User which they may collect over time and across different websites. For example, We use Google Analytics to collect and process certain analytics data. Google provides some additional privacy options described at How Google uses information from sites or apps that use our services – Privacy & Terms – Google .

We may use and disclose aggregate information that does not identify or otherwise relate to an individual for any purpose, unless We are prohibited from doing so under applicable law.

How Long We Keep Your Information
We will only keep the User’s personal information for as long as it is necessary for the purposes set out in the Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

When We have no ongoing legitimate business need to process the User’s personal information, we will either delete or anonymize it, or, if this is not possible (for example, because the User’s personal information has been stored in backup archives), then We will securely store the User’s personal information and isolate it from any further processing until deletion is possible.

Third Party Services
We may display third-party content on the Service. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with the User’s viewing of and/or interacting with the third-party content on the Service. The Policy does not address, and INX is not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Service link. The inclusion of a link on the Service does not imply endorsement of the linked site or service by Us or by INX affiliates.

Security
We use certain physical, organizational, and technical safeguards that are designed to maintain the integrity and security of information that We collect. Please be aware that no security measures are perfect or impenetrable and thus We cannot and do not guarantee the security of the User’s data. It is important that the User maintains the security and control of their account credentials, and not share their password with anyone. In addition, we may offer Users two-factor authentication which is designed to protect their account.

International Cross-border Data Transfer
INX uses servers hosted in the United States. Please note that We may be transferring the User’s information outside of their region, for storage and processing in the United States and around the globe. By using the Service the User consents to the transfer of information to countries outside of their country of residence, including the United States, which may have data protection rules that are different from those of their country.

Your Privacy Rights and Choices
User may, of course, decline to share certain information with Us, in which case we may not be able to provide the User some or all of the features and functionality of the Service. From time to time, We send marketing e-mail messages to Users. If the User no longer wants to receive such emails from Us on a going forward basis, the User may opt-out via the “unsubscribe” link provided in each such email.

U.S. Consumer Privacy Notice
Companies choose how they share Users personal information. Under federal law, that means personally identifiable information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires Us to tell the User how we collect, share, and protect your personal information.

To understand what We do, please carefully read the U.S. Consumer Privacy Notice, available at https://www.inx.co.

California Residents
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our Users who are California residents to request and obtain from Us, once a year and free of charge, information about categories of personal information (if any) We disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If the User is a California resident and would like to make such a request, they can submit their request in writing to Us using the contact information provided in the ‘Contact Us’ section below.

Regional Privacy Rights
In some regions (like the European Economic Area), the User has certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please Ccontact Us at [email protected] We will consider and act upon any request in accordance with applicable data protection laws.

If We are relying on the User’s consent to process the User’s personal information, they have the right to withdraw their consent at any time. Please note, however, that this will not affect the lawfulness of the processing before its withdrawal.

If the User is a resident in the European Economic Area and believes We are unlawfully processing their personal information, the User also has the right to complain to their local data protection supervisory authority. You can find more information here:  https://edpb.europa.eu/about-edpb/about-edpb/members_en .

Account Changes and Closure
The User may at any time review or change the information in their INX account or request closure of  their account by contacting Us at [email protected] or by visiting the “Contact Us” section on our website. Upon a User’s request to close their account, We will review the request, and We may deactivate the account and information from INX active databases. We note, that some information may be retained to prevent fraud, troubleshoot problems, assist with any investigations, enforce the Terms of Service and/or comply with legal and regulatory requirements, including those outside of the User’s country of residence.

Use of Service by Minors
The Service is not directed to individuals under the age of eighteen (18), and We request that no person provides personal information through the Service if they are under 18 years old.

Updates to the Privacy Policy
We may make changes to the Policy. The “Last Updated” date at the top of this page indicates when this Policy was last revised. If We make material changes, We may notify the User through the Service or by sending an email or other communication. We encourage the Users to read the Privacy Policy periodically to stay up-to-date about INX privacy practices. The User’s use of the Service following these changes means that the User accepts the revised Privacy Policy.

Contact Us
If you have any questions about the Privacy Policy, please contact us at [email protected]