1.5.2. We collect and Process your Personal Information in accordance with clause 2 below.
1.5.3. We may share your Personal Information with trusted third parties and service providers, in order to offer the Services to you, as well as meet legal requirements.
1.5.4. We offer ways for you to request access to, deletion or correction of information we hold about you.
1.5.5. We offer support to you via our customer support desk, should you require any information or have any questions.
2.1.1. “Account Holder” means the individual or entity holding a VALR Account on the Website;
2.1.2. “Biometric Information” means a technique of personal identification that is based on physical, physiological or behavioural characterisation including fingerprinting, retinal scanning and/or voice recognition;
2.1.3. “Consent/ed” means any voluntary, specific and informed expression of will in terms of which permission is given for the Processing of Personal Information;
2.1.4. “Data Breach” means any incident in terms of which reasonable grounds exist to believe that your Personal Information has been accessed or acquired by an unauthorised person;
2.1.5. “De-Identify/ied” means to delete any information that identifies you, or which can be used by a reasonably foreseeable method to identify, or when linked to other information, that identifies you;
2.1.6. “Direct Marketing” means when you are approached, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to you;
2.1.7. “Process/Processed/Processing” means the act of processing information which includes any activity or any set of operations, whether or not by automatic means, concerning personal information and includes:
126.96.36.199. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use; and/or
188.8.131.52. dissemination by means of transmission, distribution or making available in any other form; and/or
184.108.40.206. merging, linking, as well as any restriction, degradation, erasure, or destruction of information; and
2.1.7. “Record/s” means any recorded information, regardless of medium, including information produced, recorded or stored by means of computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored;
2.1.9. “VALR Account” means the VALR Account with the corresponding profile, opened on the Website by an Account Holder utilising the Services as offered by VALR; and
2.1.10. “User” means an individual or entity which accesses or receives information from the Website, and includes an Account Holder.
2.3. We may collect the following types of Personal Information from you:
2.3.1. Administrative and financial information such as bank account information, credit and/or debit card information, source of funds / wealth, transaction history, tax identification and related documents;
2.3.2. Automatically collected information such as information obtained from cookies (see clause 5 Cookies below), information about the device, browser, operating system, IP address and other device identifiers and characteristics, activity information (how you use our Services), troubleshooting and diagnostic information;
2.3.3. Biometric information such as the liveness test you perform with a selfie/video you provide when creating your VALR account, video/audio recording, or other evidence of yourself with your identification documentation;
2.3.4. Correspondence-related information such as email addresses, phone numbers and information provided to us that is implicitly or explicitly of a private or confidential nature, when engaging with our customer support team;
2.3.5. Device, data and location information such as cookies and other tracking technologies, log data, web browser information, IP address information, device identifiers and fingerprint data, and/or authentication data;
2.3.6. Identification information such as your full name, date of birth, nationality, cellphone number, email address, country of residence (and/or proof of residence), employment status and/or national identification number for the purpose of assigning a unique identifier to you;
2.3.7. Information obtained from third parties, public databases or affiliates such as transaction and product use information, information obtained from public databases, including sanctions or screening lists, blockchain data, information from marketing, advertising or information analytics providers;
2.3.8. Institutional information if you are a juristic person, such as proof of legal formation, registration with regulatory bodies, and Personal Information for all material beneficial owners of the institution;
2.3.9. Legally obtained information from third parties to supplement information provided by you, by any third party service provider appointed to help us provide our Services;
2.3.10. National identity information such as a copy of your government-issued national identity document, drivers’ license or passport (including any relevant visa information);
2.3.11. Preference information such as information about the digital assets you choose to trade and any preferences you select on our Website; and/or
2.3.12. Transaction information such as transaction data on the transactions you make or intend to make using our Services, information on the recipient of any of your transaction(s), and trading amount(s), currency preferences, payment methods, date or timestamps and wallet address information.
2.4. Information we collect when you register a VALR Account.
2.4.1. Users will be prompted to register an account with VALR. In so doing, users may be asked, or will otherwise be required to provide, inter alia, the following information:
A. NATURAL PERSONS
Bank Account details
Identity Documents;(which may be collected through our third-party processor)
Personal Audio/Voice recording
Proof of address
Personal Video recording
Credit Card details
From time to time, what may be required under your local territory’s KYC (Know Your Customer) processes.
Credit Card Information (which may be collected through our third-party payment processor)
Cell Phone Number
|Financial Information (Source of funds) / Financial Information (Source of wealth)
Date of Birth
Social login account login details, (i.e Facebook, LinkedIn, Twitter)
|Income Tax Information
B. JURISTIC ENTITIES
First name/Surname of company related parties
Company bank account details
Company registration documents
Identity numbers of related parties
Company income tax information
Proof of address for Business
Financial Information (Source of funds)
Proof of VAT registration (or equivalent)
Financial Information (Source of wealth)
Identity documents for director, UBO and Authorised trader
Proof of address for related parties
From time to time, what may be required under your local territory’s KYC (Know Your Customer) processes.
2.6.1 you agreed that we may share your Personal Information; and/or
2.6.2 the law requires it; and/or
2.6.3 our or your legitimate interests require us to share the Personal Information; and/or
2.6.4 we have a public duty to share the Personal Information; and/or
2.6.5 it is necessary to perform or conclude in terms of an agreement between you and us.
2.7.1. to comply with KYC and AML requirements by verifying your identity accordingly;
2.7.2. to create a user profile and manage and maintain your account with us;
2.7.3. to provide access to certain functionalities and features of our Services, depending on your verification level;
2.7.4. to respond to your enquiries and to resolve disputes/complaints;
2.7.5. to enforce our terms and policies and comply with applicable laws;
2.7.6. to detect and prevent fraudulent, malicious, deceptive or unauthorised use of our products and Services, and report those responsible for such activities to the relevant regulatory authority/ies;
2.7.7. to ensure internal quality control and assess performance and functionality of our Services, and continue to provide you with accurate information, products and Services;
2.7.8. to measure interest and engagement in our Services and use this information to improve our products and Services, and to develop new products and services;
2.7.9. where indicated (for example in application forms or account opening forms), and it is obligatory to provide your Personal Information to us, to enable us to process your application for our products or Services. Should you decline to provide such Personal Information, we may not be able to process your application/request or provide you with our products or Services;
2.7.10. to notify you about benefits and changes to the features of our products and Services or our Website, and provide you with personalised web content, marketing and interest-based advertising;
2.7.11. to obtain insight into market trends and practices, to improve our Services to you; and/or
2.7.12. for security, legal and administrative purposes.
2.8. The Personal Information Processed in 2.7 above, will be compiled and retained in aggregate form but shall not be used in any way that may compromise your identity.
2.9. You expressly Consent to the collection, use and storage of Personal Information obtained about you in relation to the Processing of any Biometric Information, criminal history information and any other type of special Personal Information about you in connection with any of the purposes listed above. You may choose to withdraw your Consent in this instance, and if you choose to do so, you are to notify VALR of such withdrawal in writing. Upon receipt of such withdrawal, VALR may no longer make the VALR products and Services available to you.
2.10. Other reasons we may have to Process your information. In order to effectively render our Services to you, we may share your Personal Information, where necessary, with KYC/FICA partners, exchange platforms and order book partners, payment gateways, bulk email marketing service providers, regulators, authorized exchange control dealers and/or other regulatory authorities as required by law, as well as other service providers required to render our Services to you. We may also share your Personal Information with:
2.10.1. financial, advertising and other third-party service providers who may assist us to provide our products and Services;
2.10.2. any entity that forms part of the VALR group of companies, including where relevant the VALR operating entity in the country or region in which you live;
2.10.3. any person who works for us or for one of our group companies;
2.10.4. any third party service providers of blockchain infrastructure, charting libraries or other services, which third party service provider may also Process this information; and/or
2.10.5. subject to applicable laws, any applicable regulatory or supervisory authority and/or law enforcement agency, upon receipt of a court order/subpoena or any other analogous official document requesting your Personal Information, and/or to assist with an investigation or prosecution of suspected or actual illegal activity.
2.11. We may use your Personal Information to provide you with support. In order to address and attempt to resolve your queries we may require that you share certain Personal Information such as your basic customer information, transaction information, location information and other communications information.
2.12. We may also Process your Personal Information to promote the security and integrity of our Services and Platform. Your information may be used by us to investigate suspicious activity, detect fraudulent behaviour, verify accounts and related activity and maintain the integrity of our Services.
2.13. Your Personal Information may also be used for our research and innovation. At times, we may carry out surveys of your experience using our Services and Platform, in order to enhance your User experience.
2.15. Specific Consent to the Processing of Personal Information by certain third party service providers
2.15.1. Certain companies have been appointed / will be appointed by VALR to provide services to VALR. These may include:
220.127.116.11. Charting library services as provided by TradingView, Inc (“TradingView, Inc”); and
18.104.22.168. Certain products or services may be offered on VALR’s platform through VALR DAM (Pty) Ltd (Registration Number: 2022/869848/07), a juristic representative of Prime Asset Managers (Pty) Ltd (Registration Number: 2007/025932/07), an authorised financial services provider registered under the South African Financial Advisory and Intermediary Services Act, 37 of 2002 under FSP number: 33933 and/or their affiliates (“Prime Asset Managers”).
2.15.2. By signing up as Account Holder with VALR, you agree that:
22.214.171.124. You consent to the processing of your Personal Information by TradingView, Inc and Prime Asset Managers (if applicable); and
2.16. Storage of payment/transaction information. All payment/transaction information will be conducted by electronic funds transfer (EFT), alternatively, specific credit and debit cards permitted by VALR from time to time. VALR shall retain a user’s designated bank account details for utilization regarding the User’s withdrawals as and when required. We do not store your full credit and debit card data. This data is securely transferred and stored off-site by an authorised payment vendor in compliance with Payment Card Industry Data Security Standards (PCI DSS). This information is not accessible to VALR or VALR’s employees or any agent acting for or on behalf of VALR.
2.17. We will not collect, use or disclose sensitive / special Personal Information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific Consent or in the circumstances permitted by law.
3. CROSS-BORDER TRANSFERS
3.2. VALR undertakes to use reasonable endeavours to:
3.2.2.prevent such third party from further transferring the Personal Information to another unauthorized third party;
3.2.3.ensure that the third party has implemented reasonable and appropriate technical and organizational security measures to safeguard the Personal Information in such jurisdiction; and
3.2.4.ensure that the third party maintains compliance with the relevant applicable data privacy laws.
4. LOG FILES
5.1.1. "Session cookies": These are used to maintain a so-called 'session state' and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser or if you have not visited the server for a certain period. Session cookies are required for the Website to function optimally but are not used in any way to identify you personally.
5.1.2. "Permanent cookies": These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the Website to work, but may enhance your browsing experience.
5.1.3.“Advertising/Targeting Cookies”: VALR may display advertising on its Website or other relevant third-party sites. These advertising/targeted cookies help VALR to measure the efficacy of advertisements and tailor advertisements to you both on the Website and on other websites. No Personal Information can be identified through these cookies.
5.1.4.“Strictly Necessary Cookies”: These cookies are, as the name suggests, strictly necessary for the Website to function and unfortunately cannot be switched off.
5.1.5.“Functionality Cookies”: These cookies remember your username or your preferences and allow VALR to tailor its services to you by remembering choices you make on the Website.
5.1.6.“Analytics/Performance Cookies”: These cookies allow VALR to monitor and improve the performance of the Website. They enable monitoring of customer behaviour on the Website (such as least and most visited Website pages). The information collected via these cookies is anonymous and aggregated.
5.2. Cookies set by the Website operator are called "first-party cookies". Cookies set by parties other than the Website operator are called "third-party cookies". We may use authorised third-party providers to help us with various aspects of our business, such as website operations, services, applications, advertising, support tools and to serve you relevant content.
6. LINKS FROM THE WEBSITE
6.1. The Website, and the Services available through the Website, may contain links to other third-party websites ("Third Party Websites"). If you select a link to any Third Party Website, you may be subject to such Third Party Website's terms and conditions and/or other policies, which are not under the control, nor responsibility, of VALR.
6.2. Hyperlinks to Third Party Websites are provided "as is", and VALR does not necessarily agree with, edit or sponsor the content on Third Party Websites.
6.3. VALR does not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of Third Party Websites, either.
6.4. Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any Personal Information to them. VALR does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of Personal Information.
7. YOUR RIGHTS
Subject to data protection laws applicable to you, you may have the following rights concerning the Processing of your Personal Information. If any of the rights listed below are not provided under applicable data protection laws in your jurisdiction, VALR has the absolute discretion in providing you with such rights. In order to protect your privacy and security, VALR may take steps to verify your identity prior to complying with any of your requests to exercise your rights listed below. If we are unable to verify your identity, we may decline your request or request additional verification information. You can make privacy rights requests relating to your Personal Information by contacting our support team here.
7.1. Right to access
7.1.1. The right to request from VALR confirmation as to whether or not we hold Personal Information about you, and request the Record itself.
7.1.2. The right to ask VALR to provide you with a description of the Personal Information held by us or by a third party for a prescribed fee that will not be excessive.
7.2. Right to withdraw Consent / Object to Processing
7.2.1. To the extent that the Processing of your Personal Information is based on your Consent, the right to withdraw your Consent at any time, provided that such withdrawal does not affect Processing necessary for the conclusion or performance of our Service. The lawfulness of VALR’s Processing before you withdraw your Consent will not be affected by such Consent withdrawal.7.2.2. The right to restrict or object to us Processing or transferring your Personal Information based on our legitimate interests or the public interests. We may continue to Process your Personal Information where permitted or required by applicable law.
7.3. Right to reasonable data protection measures
The right to require VALR to implement reasonable data security measures to protect Personal Information.
7.4. Right to challenge the accuracy of the Personal Information
The right to request VALR to correct/rectify Personal Information about you under our control if the Personal Information is inaccurate, out of date, incomplete or misleading.
7.5. Right to object to direct marketing
7.5.1. The right to object to the Processing of Personal Information for direct marketing purposes.
7.5.2. Where you have opted-in to receive marketing communications and news, we may share information about our products, Services, news and promotions with you. If you have opted-in to receive marketing communications, you may always opt-out at a later stage by clicking on the ‘Unsubscribe’ option included in every marketing communication sent to you. Please note that unsubscribing from marketing content will not stop you from receiving important communications in relation to the security or operation of your VALR Account or any VALR product.
7.6. Right to be forgotten and request data erasure
7.6.1. The right to request that VALR deletes the Personal Information about you in our possession or under our control which is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
7.6.2. The right to request VALR to destroy or delete a record of Personal Information about you which VALR is no longer authorised to retain. For the avoidance of doubt, there may be obligations under applicable data protection laws which require VALR to retain certain information for certain periods of time.
7.7. Right to lodge a complaint
7.8. Right to non-discrimination
The right to not be discriminated against by VALR for you exercising any of the rights above.
8. APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("SA ECT ACT") AND THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT OF 2001 (“ZM ECT ACT”)
8.1. Data Messages (as defined in both the SA ECT Act AND the ZM ECT Act) will be deemed to have been received by VALR if and when VALR responds to the Data Messages.
8.2. Data Messages sent by VALR to a User will be deemed to have been received by such User in terms of the provisions specified in section 23(b) of the SA ECT Act and section 16 of the ZM ECT Act (whichever is applicable).
8.3. You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between yourself and VALR.
8.4. You warrant that Data Messages sent to VALR from any electronic device, used by you, from time to time or owned by you, were sent and or authorised by you, personally.
8.4.1. Address for service of legal documents:
Leopards Hill Road
8.4.2. VALR - located at https://valr.com
8.4.3. Email address: firstname.lastname@example.org
8.4.4. The Website is operated and owned by VALR (Pty) Ltd, registration number 2018/211274/07
9. RETENTION OF RECORDS
9.2. In terms of applicable data protection laws, VALR may not retain Personal Information for a period longer than is necessary to achieve the purpose for which it was collected or Processed and is required to delete, destroy (in such a way that it cannot be reconstructed) or De-Identify the information as soon as reasonably practicable once the purpose has been achieved. This prohibition will not apply in the following circumstances:
9.2.1.Where the retention of the Record is required or authorised by law;
9.2.2.Where VALR requires the Record to fulfill its lawful functions or activities;
9.2.3.Retention of the Record is required by a contract between the Parties;
9.2.4.You have Consented to such longer retention; or
9.2.5.The Record is retained for historical, research or statistical purposes provided that safeguards are put in place to prevent use for any other purpose.
9.3. Your Biometric Information may be held by our third party service providers for a period from the time when you cease to be a customer of VALR.
10. SECURITY AND DATA BREACHES
Your privacy is very important to us and we are committed to protecting your personal information from unauthorised access or use. We will use reasonable organisational, physical, technical and administrative measures that comply with applicable data protection laws to protect personal information within VALR. VALR will address any Data Breach in accordance with applicable data protection laws.
11.2. We may provide additional "just-in-time" information or disclosures 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 or Process your information.