VirgoCX Privacy Policy
Last updated: October 8, 2022
VirgoCX Inc. (the “company”, “we”, “us” or “our”) is committed to protecting and respecting your privacy.
This policy describes
· how we collect, use, disclose, and protect the personal information of our customers and website users ("you");
· the types of information we may collect from you or that you may provide when you visit the website www.virgocx.ca or our other Internet sites, platforms, mobile apps, and social media sites (which we will refer to collectively as our "Website"); and
· our practices for collecting, using, maintaining, protecting, and disclosing that personal information.
Please read the following carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or register an account with us. By registering for an account with us, accessing or using this Website, you indicate that you understand, accept, and consent to the practices described in this policy. This policy may change from time to time with notice to you (see Changes to Our Privacy Policy).
IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES.
1.
Information We
May Collect About You and How We Collect It
We may collect and use the following personal information from and about you in the following manners:
1) Information you provide directly to us or one of our service providers acting on our behalf. For example, we collect information about you when you register for an online account, complete a transaction, fill out a form, respond to surveys, post messages to our forums or otherwise communicate with us. The types of information we may collect are as follows:
a) Contact information, such as your name, mailing address, telephone number, and email address;
b) financial information, such as bank account numbers, credit or debit card numbers and digital asset account information;
c) Government identification numbers, such as your government-issued identification number; and
d) Biographic or demographic information, such as your date of birth, gender, occupation, employment status; and
e) any other information you choose to provide about yourself.
2) When you visit the Website we may collect the following information about you:
a) Information about transactions you complete using our services, including the amount of funds associated with a digital asset transaction, the type of transaction executed, and other related information;
b) technical information, including the internet protocol (IP) address used to connect your computer or mobile device to the internet, your login information, your device identifier, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
c) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; 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 and any phone number used to call our customer service number.
2. Information We May Collect Using Cookies
A cookie is a small file downloaded onto your computer or mobile device when you visit certain websites. When you return to these websites, or visit other websites that use the same cookies, the websites recognize these cookies and your browsing device. A cookie cannot read data off your hard drive or read cookie files created by other websites. We use this information to help improve our Website and the services and information we offer. We also use this information to understand the effectiveness of our advertising. Some cookies may be necessary for the Website to function.
We use both session cookies and persistent cookies on our Website. A “session” cookie lasts for a single browser session only and is deleted when the user closes the web browser. A “persistent” cookie remains on the user’s device (even while powered off) until it expires or is deleted. Cookies set by us are called "first party cookies". Cookies set by parties other than us are called "third party cookies". The parties that set third party cookies can recognize your web browser both when it visits our Website and when it visits certain other websites where the third party’s cookies are also present. We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from us. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party's website for more information on how they use cookies. 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 or are deleted.
In addition to cookies, we may use other similar technologies, like web beacons to track users of our Website and Services. Web beacons, or "clear gifs," are tiny graphics with a unique identifier, similar in function to cookies. They are used to track the online movements of web users.
In contrast to cookies, which are stored on a user's computer hard drive or device, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We and our third-party service providers employ web beacons for the reasons stated above, but primarily to help us better manage content on our services by informing us which content is effective.
We may also use so-called "Flash Cookies" (also known as "Local Shared Objects or "LSOs") to collect and store information about your use of our services, fraud prevention and for other Website operations.
You may be able to control cookies using your browser settings. For example, you may be able to set your browser to block or delete cookies, or to notify you before a cookie is set. If you block cookies you may not be able to use all of the features of our Website. By continuing to use our Website without changing your browser settings, you consent to our use of cookies as described above.
3. Uses Made Of The Information
We use information that we collect about you or that you provide to us, including any personal information, for the following purposes:
(a) to verify your identity
(b) carry out our obligations arising from any contracts entered into between you and us, to provide you with information, products and services that you request from us, and to fulfil any requests you may make of us;
(c) to meet legal and regulatory requirements, including Proceeds of Crime (Money Laundering) and Terrorist Financing Act, National Instruments 31-103, Ontario Securities Act, Quebec Securities Act, Nova Scotia Securities Act, New Brunswick Securities Act, Manitoba Securities Act, British Columbia Securities Act, Prince Edward Island Securities Act, Saskatchewan Securities Act, Alberta Securities Act, Newfoundland and Labrador Securities Act, Northwest Territories Securities Act, Yukon Securities Act, and Nunavut Securities Act;
(d) to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about;
(e) to notify you about changes to our service;
(f) to ensure that content from our Website is presented in the most effective manner for you and for your computer;
(g) to enforce or apply our terms of use https://virgocx.ca/public_front/termsOofService.html and other agreements, including applicable law, and including for billing and collection purposes;
(h) for the purposes of preventing, detecting or suppressing fraud, money-laundering, evasion of sanctions, or other civil or criminal breaches of law;
(i) to comply with law and to protect the rights, property, or safety of the company, our customers, the public, or others;
(j) to administer our Website and for internal operations including troubleshooting, data analysis, testing, research, audit, statistical and survey purposes;
(k) to improve our Website to ensure that content is presented in the most effective manner for you and for your computer;
(l) to allow you to participate in interactive features of our service, when you choose to do so;
(m) as part of our efforts to keep our Website safe and secure;
(n) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
(o) to make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.
(p) in any other way we or you may describe when you provide the information to us;
(q) as permitted or required by applicable law; and
(r) for any other purpose with your consent.
4. Disclosure Of Your Information
1) We may share your personal information with any member group, which means our subsidiaries, our ultimate holding company and subsidiaries, as necessary to provide a product or service that you have requested or where the member group company is acting as our service provider.
2) We may share your personal information with FINTRAC, members of the Canadian Securities Administrators and other relevant authorities according to anti-money laundering and terrorist financing legislation, securities regulation and guidance provided by relevant regulatory bodies.
3) We may share your information with contractors, service providers, and other third parties we use to support our business and who are obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy. These service providers include, as of the date of this privacy policy:
a) Sanctions, politically exposed persons and negative media service providers which we use to remain in compliance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
b) analytics and search engine providers that assist us in the improvement and optimization of our site;
c) identity verification service providers which we use to remain in compliance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. To verify your identity, your name, address, date of birth and any other relevant identifiers will be matched with the information from the government issued photo ID submitted to us. Our service providers will also collect, on our behalf, pictures or videos of yourself taken as part of our service provider’s proprietary liveness and similarity checks. As part of our service provider’s identification services, our service providers may utilize machine learning and face-based algorithms to verify you are the same person as the individual shown in the provided government issued photo ID. By clicking "Complete Automatic Verification" and submitting your information, you confirm your consent to our service providers collecting, using, disclosing, and storing your personal information for the purpose of this verification;
d) Blockchain forensics service providers which we use to monitor for security concerns and fraud, and to remain in compliance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
4) We may disclose personal information in other circumstances where permitted or required by law, where the purpose is disclosed by us when you provide the information, or with your consent.
5) We may also disclose your personal information:
(a) to comply with law and to protect the rights, property, or safety of the company, our customers, the public, or others;
(b) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law;
(c) to enforce or apply our terms of use https://virgocx.ca/public_front/termsOofService.html and other agreements, including for billing and collection purposes;
(d) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the company, our customers, the public or others;
(e) for the purposes of preventing, detecting or suppressing fraud, money-laundering, evasion of sanctions, or other civil or criminal breaches of law;
(f) to a buyer or other successor in the event of a proposed or completed merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the company about our customers and users is among the assets that are the subject of a due diligence process and may be or are transferred;
(g) in any other way we or you may describe when you provide the information to us;
(h) as permitted or required by applicable law; and
(i) for any other purpose with your consent.
5. Transferring your Personal Information
We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers, and other third parties we use to support our business as described above and who are obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information in line with the standards set out in this policy.
We may process, store, and transfer your personal information in and to a foreign country, including the United States, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, regulatory agencies of that country, or other persons may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.
6. How We Protect The Information We Collect
Personal information is maintained on our servers or those of our service providers. We implement reasonable security practices and procedures to help protect the confidentiality and security of your information, including any personal information. We protect your information using reasonable physical, technical and administrative security measures, including by limiting access to your information to employees with a need to know such information.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to our site, and any transmission is at your own risk. Once we have received your information, we will use reasonable procedures and security features to try to prevent unauthorized access. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
7. Retention
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
8. Children Under The Age Of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us using the information provided below.
9. Accessing and Correcting Your Personal Information
You have the right to request access to, or correction of, the information held about you. We will respond to your request for access to or correction of information we collect about you in accordance with applicable law. If you want to review, verify, correct, or withdraw consent to the use of your personal information you may send us an email at [email protected] to request access to, or correction of any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to charge reasonable costs in connection with your request, or to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
10. Withdrawing Your Consent
Where you have provided your consent to the collection, use, disclosure and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at [email protected]. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.
11. Changes to Our Privacy Policy
Please note that we may update this Privacy Policy from time to time to reflect changes in our privacy practices by providing you with notice of the change. Notice includes but is not restricted to posting a link to the new Privacy Policy, posting a new Privacy Policy at our Website, or sending you a link to the new Privacy Policy via contact information you have provided to us. Such change will be effective with respect to your use of the Services after we have given notice of the change. Please review the Privacy Policy periodically to see whether it has changed. Any use of the Services by you after we provide notice to you constitutes your acceptance of those modifications.
We include the date the privacy policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and we encourage you to periodically review this page for the latest information on our privacy practices.
12. Contact Us
If you have any questions or concerns regarding this Privacy Policy, please contact our Privacy Officer’s office by submitting your communication via email to [email protected] or by contacting the Privacy Officer in writing at:
Privacy Officer
4950 Yonge Street, Suite #900, Toronto, ON, Canada, M2N 6K1
We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our Privacy Officer using the contact information listed above.