Gate Charity and its Affiliates (“Gate Charity”, “we”, “us”, “our”, “ours”) are committed to protecting your privacy in accordance with the applicable data protection laws.
This Policy describes our current policies and practices in relation to the collection, handling, use and disclosure of your personal information (“ Personal Information ”) through our websites, pages, features, mobile applications, API, and other online products and services that link to this Policy (collectively, the “ Platform ”, or “ Gate Charity Platform ”) or when you otherwise interact with us. It also deals with how you can complain about a breach of the privacy laws, how you can access the personal information we hold about you and how to have that information corrected.
We encourage you to read the Policy carefully before proceeding further as it forms part of Gate Charity’s Terms of Use (which is available here). Unless otherwise stated, the capitalised terms in this Policy shall have the same meaning given to them under the Terms of Use.
By accessing our Platform, registering an account with Gate Charity and/or using our Platform and/or Services, you acknowledge that you accept terms of this Privacy Policy (“Policy”).
1. Consent
To ensure that you have full confidence in our handling of your person, you are advised to read and understand the terms and conditions of this Policy in detail. In particular, upon your log into our Platform, regardless of whether you have registered with the Gate Charity, you shall be deemed to have accepted, agreed, undertaken and confirmed that:
(a)You, on the basis of your own free will and your requisite consent, agree to disclose your Personal Data to us;
(b)You will comply with all the terms and conditions of this Policy;
(c)You agree that we may collect your information through your access to our Platform, your registration with Gate Charity, and/or your use of any services offered by us;
(d)You agree to any changes and modifications that we may make to our Privacy Policy in the future;
(e)You agree that our branches, affiliates and employees may contact you in connection with the products and services that in our reasonable opinion that you may be interested in (unless you have indicated in written to us that you do not want to receive such information).
2. The data we collect
We collect and process various categories of Personal Information at the start of and for the duration of our relationship with you. Some categories of Personal Information are kept beyond the termination of our relationship where so required and there is a legitimate purpose for doing so. We limit the collection and processing of information to what is necessary to achieve one or more of the lawful bases identified in this Policy
When you register an account and/or use our Platform with us, we may ask you for the information we need to verify your identity and support and facilitate the Services. This can include a broad range of information such as:
(a)Personal information: This may include full name, home address, age, gender, signature, e-mail address, mobile number, date of birth, nationality, passport number, driver’s license details, national identity card details, photographs, employment information, utility bills, and /or financial information. We may also ask you to provide evidence of your identity such as asking for a copy of your passport or driving licence, and proof of residence and/or proof of income. We are required to ask for this information to comply with anti-money laundering (AML) legislation to ensure we safeguard against and report any suspicious activities.
(b)Logging information: We collect log information about your use of the Platform, including the type of browser you use, app version, access times, pages viewed, your IP address, any other network identifiers, and the page you visited before navigating to our Platform.
(c)Device information: We collect information about the computer or mobile device you use to access our Platform, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
(d)Activities on the Platform: We collect records of your activities on our Platform, including, any content you post, your account details, the time, value and currency of any deposit, withdrawal, or transaction made and the payment method.
(e)Location information: In accordance with your device permissions, we may collect information about the precise location of your device.
(f)Information collected by cookies and other tracking technologies: We use different technologies to collect information, including cookies and web beacons.
3. How data is collected
We collect your personal data in the following manner:
(a)Information you provide to us directly when contacting us;
(b)Information we receive from third parties, such as third party service providers;
(c)Information acquired by us during the course of our relationship and dealings with you;
(d) Information collected through the use by you of our website, platforms and applications; and
(e) Information gathered from publicly available sources.
4. The legal bases for the processing of your data
In order to process personal data, we need a valid lawful basis which will justify the processing. The purposes for which your personal data is collected and processed include the following.
Contractual necessity
This lawful basis applies to most of our processing activities in relation to personal data belonging to our customers/clients. It applies both during the pre-contractual stages of our relationship (when you are signing up) as well as once the contractual agreement(s) are in place.
Compliance with a legal obligation to which we are subject
We are subject to other legal obligations other than the relevant data protection laws, which may require us to process personal data. For example, we are required to retain information in accordance with record-keeping requirements under applicable legislations. Further we may need to carry out certain investigations, customer due diligence, and reporting for the purposes of anti-money laundering (including counterterrorist and proliferation financing) legal and/or regulatory requirements.
Legitimate interests of Gate Charity or a third party
We may also process your Personal Information where it is in our legitimate interests (or the interests of a third party) to do so, provided that those interests override your interests or fundamental rights or freedoms. There may be cases where your interests and fundamental rights could override our legitimate interests. This may happen in cases where your Personal Information are processed in circumstances where you do not reasonably expect further processing. We will always need to (i) identify a legitimate interest (ii) show that processing is necessary to achieve it, and (iii) balance it against your interests, rights and freedoms. Some non-exhaustive examples of situations where we may seek to pursue legitimate interests are:
● for marketing purposes;
● for the exercise, establishment or defence of legal claims; and
● to prevent fraud.
Consent
We rarely rely on your consent to process your personal data, as usually another lawful basis will be more suitable. Where we do seek to rely on your consent, we will always ensure that this consent is fairly obtained by clearly informing you about why your consent is needed. We will usually require that you provide your consent through a clear, affirmative action such as ticking a box, toggling/swiping a button or switch on our website or on a mobile application, signing your name or other suitable method that can clearly evidence your consent. Non- exhaustive examples of when we may need your consent are:
● to enable a feature on a mobile device application; or
● to enable us to place cookies and similar technologies in accordance with our Cookie Policy.
5. Use of your personal data
We may use the Personal Information that you provide or which is collected by us in accordance with this Policy and relevant laws, to:
(a) Provide you with our services;
(b) verify your identity and carry out checks that we are required to conduct by applicable laws and regulations, including without limitation, “know your donor”, anti-money laundering, fraud, sanctions and politically exposed person checks;
(c)contact you on matters related to your account, including, to request any additional information or documentation;
(d) provide you with notices related to your account, general updates, market updates and other marketing materials, including, the services offered by Gate Charity – we will give you the option of electing not to receive these communications and you can unsubscribe at any time by notifying us that you wish to do so;
(e)tailor the products and services offered through the Platform to you, including without limitation, to perform any suitability or appropriateness assessments for using our services and/or products;
(f) enable us to manage your ongoing requirements and our relationship with you, for example, to process transactions, troubleshoot a problem, prevent or investigate illegal or potentially illegal activities – we may do so by electronically unless you tell us that you do not wish to receive electronic communications;
(g)customise and improve our Platform;
(h)assess your credit risk;
(i) assess your risk score according to parameters determined by us;
(j)assess whether you qualify as a professional client, wholesale client, institutional client or other specific category of clients;
(k) detect and reduce risks of fraud;
(l) to enforce/defend our rights;
(m) to meet our internal policy requirements;
(n)to market our products to you;
(o) maintain administrative records relating to our business; and
(p)set up security measures to secure your account, including without limitation, to wcarry out two-factor authentication.
6. Incomplete and inaccurate information
If you do not provide us with some or all of the information that we ask for, we may not be able to verify your identity and as such you may not be able to open an account with Gate Charity and use our Platform.
You can provide and update your information at any time by visiting your “Account” page in our Platform. We recommend that you update your profile in your account regularly, to ensure that the functions offered to you are appropriate for your current circumstances. You further agree to update such information upon our request, if we consider the information provided as untrue, incorrect, incomplete and/or inconsistent with other information provided by you at any time. You acknowledge that we may rely upon such information and that you are responsible for any damages or losses which may result from any inaccuracies, including without limitation, the inappropriateness of our service to you.
7. Sharing of information
We will not share the Personal Information we hold about you except in the following circumstances:
(a)between and among Gate Charity’s internal corporate entities and our current and future parents, Affiliates, subsidiaries, and other companies under common control and ownership; and
(b)with professional advisors, vendors, consultants, and other service providers, such as payment service providers, IT hosting companies, banks, other financial institutions and credit reference agencies who need access to such information to carry out work on our behalf;
(c)in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of Gate Charity by another company;
(d)in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
(e) if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of Gate Charity or others.
8. Security and integrity of information
We strive to ensure the security of your Personal Information and information that we >collect related to you or your activities on our Platform. We protect your Personal Information by using data security technology and using tools such as firewalls and data encryption. We also require that you use a personal username and password every time you access your account online. Please note that you must not share your password with anyone else.
Where it is necessary for us to share your Personal Information with a third party, we will ensure that third parties only process your Personal Information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions.
We have also put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
9. Transfer of information outside the Europe Union area
We will, in certain circumstances where necessary (for example when we process and store your Personal Information using data centers located outside the European Union), transfer the personal information we collect about you to certain countries/regions outside the European Union.
However, to ensure that your Personal Information does receive an adequate level of protection we have put in place appropriate measures to ensure that your Personal Information is treated by those third parties in a way that is consistent with and which respects this Policy and applicable data protection laws for example by stipulating this as part of our contract with our third party suppliers.
If you would like further information about the safeguards in place for transfers of Personal Information to other third parties outside of the European Union, under the applicable data protection laws, please contact us.
10. Data retention
We strive to maintain the relevance, reliability, accuracy, completeness and currency of the Personal Information we hold and to protect its privacy and security.
We keep Personal Information only for as long as is reasonably necessary for the purpose for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements. We will not retain your personal data in a form which permits the identification of the data subject for longer than needed for the legitimate purpose or purposes for which we originally collected it, including for the purpose of satisfying any legal, accounting or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we will anonymize your personal information so that it can no longer be associated with you, in which case we will use such information without further notice to you. At the end of the retention period, we will securely delete or destroy data retained, and require our sub-processors or third parties suppliers to do likewise.
11. Your rights
Under the applicable data protection laws you may have certain rights and protections regarding the processing of your Personal Information. For example, in certain circumstances you have the right to:
(a)Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
(b)Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
(c) Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have exercised your right to object to processing (see below).
(d) Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Information for direct marketing purposes.
(e) Request the restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of Personal Information about you, for example if you want us to establish its accuracy or the reason for processing it.
(f) Request the transfer of your Personal Information to another party.
If you reside in the European Union area and have a concern about our processing of personal data that we are not able to resolve through our internal resolution process, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
12. Use of third party links
Occasionally, at our discretion, we may include or offer third party products or services on our Platforms. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Platform and welcome any feedback about these sites.
13. Existence of automated decision-making
You have a right not to be subject to a decision based solely on automated processing (i.e., by computers and without human intervention), including profiling, which produces legal effects concerning you or similarly significantly affects you.
However, this right does not apply when the decision:
● is necessary for entering into, or performance of, a contract between you and us;
● is required or authorised by law; or
● is based on your explicit consent.
Although certain third parties may use automated decision-making tools or software, we do not use automatic decision-making or profiling when processing personal data. If this changes, we will confirm this with you and provide meaningful information about the logic involved, as well as the significance and the envisaged consequences for you.
14. Cookies
We use technology to collect anonymous information about the use of our platform. For example, when you browse our Platform our service provider logs your server address, the date and time of your visit, the pages and links accessed and the type of browser used. It does not identify you personally and we only use this information for statistical purposes and to improve the content and functionality of our website, to better understand our clients and markets and to improve our services.
In order to collect this anonymous data, we may use “cookies”. Cookies are small pieces of information which are sent to your browser and stored on your computer’s hard drive. Cookies are utilised by almost all websites that you visit and allow websites and browsers to operate more efficiently, improve your browsing experience as well as to provide anonymised information to the owners of the site.
Sometimes they identify users where the Platform requires information to be retained from one page to the next. This is purely to increase the functionality of the site. We may use Cookies to recognise you as a customer of Gate Charity, to customise our services and advertising, and to collect information in order alleviate the risk of fraud and illegal conduct. We may also utilise cookies to assist in delivering targeted advertising campaigns at certain times through third party sites.
Cookies do not damage your computer and you can set your browser to notify you when you receive a cookie so that you can decide if you want to accept it. You can also deactivate the use of cookies if you do not want to receive targeted advertising however; although this may impact the operation of the website. In order to provide a more user-friendly experience and enhance security, cookies will also be used to allow our website to recognise your computer when you return in the future.
15. Data breaches
The accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data is known as a “data breach”. We are required under applicable data protection laws to impose certain requirements on controllers to identify, assess and report data breaches in a timely manner.
We will inform you, when required, if your personal data is compromised and there is a high risk to your rights and freedoms as a result.
16. Questions and complaints and how to contact us
We welcome your questions and comments about privacy. If you have any concerns or complaints, please email us at [email protected]. Your complaint will be considered by us through our internal complaints resolution process and we will try to respond with a decision within 60 days of you making the complaint.
17. Changes to this Policy
The Policy will be reviewed from time to time to take account of changes to our operations or practices and, further, to make sure it remains appropriate to any changes in law, technology and the business environment. Any Personal Information held will be governed by our most current Policy.
18. Translation
We may in its sole and absolute discretion translate this Policy into a language other than the English language. You agree that any such translation shall be for your convenience and reference only and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.