This Privacy Notice ("Notice") for Unchained Capital, Inc. and its Affiliates (Unchained Trading, LLC, B&C Lending LLC, and Bitcoin Collateral Services LLC), collectively referred to as “Unchained” ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services (collectively, our "Services"), such as when you:

• Visit our website at https://unchained.com, or engage in any online interaction with us
• Leverage an application as part of our Services (including mobile)
• Engage with us in other related ways, including any sales, marketing, or events

This Notice does NOT cover Gannett Trust Company, LLC or Sound Advisory, LLC (d/b/a Gannett Wealth Advisors). Customers of these entities are covered by different privacy notices.

If you are a resident of a U.S. state that may provide additional privacy rights, please refer to the State Privacy Rights section below.

If you have questions about this notice or your data, you can contact us via email at escalations@unchained.com.

By using our Services, you acknowledge that you’ve read and understood this Privacy Notice. If you do not agree with our policies or practices, please do not use our Services.

SUMMARY OF KEY POINTS

This summary highlights the main points of this Notice. You can find detailed information in the sections that follow.

Information we collect. We collect personal information depending on how you interact with Unchained, the choices you make, and which Services you use.

Sensitive information. We may process certain sensitive personal information (like financial or identity information) when necessary with your consent or as otherwise permitted by applicable law.

Information from others. We may receive information from public databases, marketing partners, social media platforms, and other outside sources.

How we use your information. We process your information to provide, improve, administer, and secure our Services; communicate with you, prevent fraud; and comply with legal obligations. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.

Sharing your data. We may share personal information only in specific circumstances, such as with trusted service providers or to meet legal requirements.

Keeping your data safe. We apply organizational and technical safeguards and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology/system can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.

Your rights. Depending on where you live, you may have certain rights regarding your personal information according to the applicable privacy law.

Exercising your rights. You can submit a request through our Data Subject Rights Request Form or contact us directly at escalations@unchained.com. We will consider and act upon any request in accordance with applicable privacy laws.

TABLE OF CONTENTS

1.  WHAT INFORMATION DO WE COLLECT?

2.  HOW DO WE PROCESS YOUR INFORMATION?

3.  WHEN AND WITH WHOM DO WE DISCLOSE INFORMATION?

4.  DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5.  IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

6.  HOW LONG DO WE KEEP YOUR INFORMATION?

7.  HOW DO WE KEEP YOUR INFORMATION SAFE?

8.  DO WE COLLECT INFORMATION FROM MINORS?

9.  WHAT ARE YOUR PRIVACY RIGHTS?

10.  CONTROLS FOR DO-NOT-TRACK FEATURES

11.  DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

12.  DO WE MAKE UPDATES TO THIS NOTICE?

13.  HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

14.  HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Information you provide.

In Short: We collect personal information that you provide to us.

We may collect personal information that you voluntarily provide to us when you create an Unchained account, register or apply for any of our Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us. 

• Identity information. This may include your name, date of birth, marital status, social security number, selfies/photographs/videos, employer(s) and job title(s), government-issued identification documents, and other data on government-issued identification documents.‍
• Contact information. This may include your email address, mailing address, and telephone number.
• Profile information. This may include your username and password, your knowledge assessment results, your interests, preferences, feedback, and survey responses.
• Other information you voluntarily provide. We may collect additional personal information that you choose to provide to us, such as via focus groups, survey responses, contests, sweepstakes, customer support, or other means. You may also provide us with information about additional authorized users, trusted contacts, and account beneficiaries; this information may include Identity Information, Contact Information, and Financial Information relating to them.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected.

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — are collected automatically when you visit our website and/or leverage our Services.

We may automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity but may include device and usage information. The primary use of this information is to maintain the security and operation of our Services and for our internal analytics and reporting purposes.

• ‍Usage information. We may collect information about your activity on our Services including device identifiers, diagnostic, usage, and performance information. Additional information may include pages or features you use, time and date of access, device event information and error reports, and other similar usage information.
• Device information. We may collect device information such as information about your computer, phone, tablet, or other devices you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• ‍Location information. We may collect location information such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services. We also approximate your location by your IP address.
• Transactional information. We may collect information when you receive, submit, or complete a transaction via the Services. We may collect information about the transaction, such as transaction amount, type and nature of the transaction, and time and date of the transaction.
• Information collected through tracking technologies. We may also use technologies, including cookies and web beacons, and software development kits (“SDKs”), to automatically collect certain types of usage and device information when you use our Services or interact with our emails. The information collected through these technologies includes your IP address, browser type, internet service provider, platform type, device type, operating system, date and time stamp, a unique device or account ID, usage information, and other similar information. For more information about how to disable cookies and similar technologies, you can review our Cookie Policy.

Information collected from other sources.

In Short: We may collect limited data from third-party sources in certain situations. This could include, but is not limited to identity or other verification services, public databases, marketing partners, and other outside sources. 

We may obtain information about you from other sources to enhance your experience in using our Services including for fraud prevention, connected services, and to enhance our ability to provide relevant marketing, offers, and services to you.

• Vendors and business partners. We may collect information about you from companies that we do business with, such as name, contact data, inferences about your preferences and attributes, as well as inferred fraud risk, from identity verification and fraud prevention partners.
• Financial service providers. We may receive financial account information about you from third parties, such as your financial institutions. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by Stripe, Modern Treasury and Plaid. By using the Services, you acknowledge and agree that your information will be processed in accordance with their policies. You may find their privacy notices below: 
  • Stripe: https://stripe.com/privacy
  • Modern Treasury: https://www.moderntreasury.com/privacy
  • Plaid: https://plaid.com/overview-privacy/
• Publicly available information. This may include contact information, your interactions with our social media platforms, and other information from publicly available sources, such as public websites.
• Advertising information. We collect information in connection with our ad campaigns that surface on other platforms, such as the ads you click on and other interactions with our ads.
• Credit information. We may receive credit-related information about you from third parties, such as credit bureaus.

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2. HOW DO WE PROCESS YOUR INFORMATION

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and comply with law. We may also process your information for other purposes with your consent. 

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
• ‍To deliver and facilitate the delivery of services to the user. We may process your information to provide you with the requested service.
• ‍To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.‍
• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
• ‍To fulfil and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.‍
• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
• ‍To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, as long as this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "WHAT ARE YOUR PRIVACY RIGHTS?" section below).
• ‍To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
• ‍To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
• ‍To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
• ‍To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

What legal bases do we rely on to process your information?

We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

If you are located in the European Union or the United Kingdom, this section applies to you.

The General Data Protection Regulation ("GDPR") and United Kingdom GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information: 

• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.
• ‍Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.‍
• Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
  
  • Send users information about special offers and discounts on our products and services.
  • Analyze how our Services are used so we can improve them to engage and retain users.
  • Support our marketing activities.
  • Diagnose problems and/or prevent fraudulent activities.
  • Understand how our users use our products and services so we can improve user experience.
• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.‍
• Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as in situations involving potential threats to the safety of any person.

If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time. 

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example: 

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way.
• For investigations and fraud detection and prevention.
• For business transactions provided certain conditions are met.
• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim.
• For identifying injured, ill, or deceased persons and communicating with next of kin.
• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse.
• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province.
• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records.
• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced.
• If the collection is solely for journalistic, artistic, or literary purposes.
• If the information is publicly available and is specified by the regulations.

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3. WHEN AND WITH WHOM DO WE DISCLOSE INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.

We may disclose information in different ways and to different persons as permitted or required by law.

• Authorized third-party service providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We disclose information about you with third-party vendors and service providers who perform services for us, such as identification verification, fraud prevention, advertising, tax and accounting services, web hosting, and analytics services. Information collected for the purpose of opting in or out of text messaging services will not be sold or shared with third parties for their marketing or promotional purposes.
• Marketing service providers. We disclose information about you to third-party advertising and analytics services, including as described in "DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?" in this Notice. For example, we may share personal data such as your hashed email address or your device ID with marketing partners to help us market Unchained products to you across third-party websites and online services.
• Financial service providers. Where applicable to the product you use, we also disclose information about you to other entities, such as your banking and financial service providers associated with your account.
• Unchained affiliates. Where appropriate, we disclose information about you to other companies owned or controlled by Unchained Capital, Inc. For example, if you are an Unchained customer, we may disclose information about you to Gannett Trust Company, LLC to provide you with custody and other related services, as described in your customer agreement. This information could include your name, address, telephone number, social security number. The data processed by these companies may operate under different privacy polices, please refer to their websites for more information.
• Corporate transactions: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company, or in the unlikely event of a bankruptcy or similar proceeding.‍
• Legal purposes: We may disclose information about you if we believe that disclosure is in accordance with, or required by, any applicable law or legal process or to protect and defend the rights, interests, safety, and security of Unchained, our users, or the public.
• ‍With your consent: We disclose information about you for any other purposes disclosed to you with your consent.

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4.  DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use authorized third parties to collect information about your use of our Services and other websites and online services over time through cookies, device identifiers, or other tracking technologies. The information collected includes your IP address, web browser, mobile network information, pages viewed, time spent, links clicked, and conversion information. We and our third-party partners use this information to, among other things, analyze and track data, determine the popularity of content, and deliver advertisements targeted to your interests on our Services and other platforms, as well as to provide advertising-related services to us such as reporting, attribution, analytics, and market research.

For more information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice: https://unchained.com/cookies.

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5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information, see "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?" section in this Notice, in the United States, and other countries. 

If you are a resident of the European Economic Area (EEA) or the United Kingdom (UK), these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law. 

6. HOW LONG DO WE KEEP YOUR INFORMATION

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We retain your personal information for as long as necessary to achieve the original purpose(s) for which we collected it and to comply with relevant laws. For example, we may retain certain information for the duration of your relationship with us and for a period of up to 5 years after the relationship ends. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

We may also keep your personal data for a longer period if required by law, in connection with an ongoing or potential claim, or for another legitimate legal or regulatory reason.

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7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

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8. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

Unchained products and services are not intended for minors. We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under the age of 18, please contact us at escalations@unchained.com.

9. WHAT ARE YOUR PRIVACY RIGHTS?

Account Information.

If you would at any time like to review or change the information in your account or terminate your account, or if you have any questions or comments about your privacy rights, you can contact us using the contact information provided below in “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?”

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms, and/or comply with applicable legal requirements.

Cookies and similar technologies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/. For further information, please see our Cookie Notice: https://unchained.com/cookies.

If you are located in the European Union, the United Kingdom, or Canada, this section applies to you.

In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the EEA, UK, and Canada), you have 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. You can make such a request by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent. If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications. You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link included within the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing distribution lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

10. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

11. DO I  HAVE SPECIFIC PRIVACY RIGHTS DEPENDING ON THE STATE I RESIDE IN?

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 you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. 

If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request the removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

CCPA Privacy Notice 

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

The following table displays the information categories and our collection processes.