Nami Exchange Privacy Policy

Updated on: Aug 2023

This notice was prepared in the English language and the English language version shall prevail in the event of any conflict, discrepancy or ambiguity between translations.

  • Summary of how we use your data
  • What does this notice cover?
  • What personal data do we process?
  • How do we use this personal data, and what is the legal basis for this use?
  • What rights do you have?
  • Fully-automated decision-making that could have significant effects on you
  • Relying on our legitimate interests
  • Withdrawing consent or otherwise objecting to direct marketing
  • Who will we share this data with, and where?
  • Cookies and related technologies
  • External links
  • Changes to this Notice
  • Getting in touch with us

Summary of how we use your data

We respect your privacy and are committed to protecting it as described in this notice.

Nami Exchange does not require specific personal information for KYC. We use your personal data to provide, improve and administer the Nami Exchange platform, to enter into and perform the terms of service with our users, and to comply with regulatory requirements.

Data is shared with our vendors, and when we have a good faith belief that doing so is necessary to comply with regulatory enquiries or requirements.

Our privacy notice sets out more details of this processing, including details of your data protection rights.

What does this notice cover?

This notice describes how Nami Exchange and its affiliates (referred to as “Nami”, “we” or “us” in this notice) will collect, make use of and share (i.e. “process”) your personal data in connection with the Nami Exchange website, apps and services (including API services).

This notice also describes data protection rights you may have (depending on applicable law), such as a right to object to some of the processing which Nami Exchange carries out. More information about your rights, and how to exercise them, is set out in the “Your rights” section.

What personal data do we process?

We process personal data about you when you interact with us, our websites, our apps or our services (including API services). This includes:

  • Your email address / username, password and other login/security details (e.g. app passcode, two-factor authentication, token seed record, public PGP key), and login records;
  • Your payment details / bitcoin wallet address;
  • Your account and portfolio details, such as live and historical orders, trades and positions, and balances;
  • Your site and account preferences, including site notification, sounds and confirmation dialogs and leaderboard preferences;
  • Your self-reported location plus the geolocation of the IP address you connect from;
  • Your marketing and other communication preferences, and a record of any consents you have given us;
  • Information related to the browser or device you use to access our website or apps, as well as data that tells us which features of the website/app are popular, or suffer from issues we need to fix;
  • The content and details (e.g. date) of messages you post in chat box with support team, or that you send us (e.g. customer support queries); and customer service notes and other records.

We will aim to mark data fields as optional or mandatory when collecting personal data from you via forms. Note, in particular, that to create an account, engage in transactions, and where necessary, prove your identity, the provision of personal data is typically mandatory: if relevant data is not provided, then we will not be able to do these things and provide the services you expect.

We do not collect fingerprints, facial recognition data, or other biometrics. Where you enable biometric security (such as fingerprint or Face ID login), your biometrics will be handled by your device, not by us.

How do we use this personal data, and what is the legal basis for this use?

We process this personal data for the following purposes:

To fulfill (or take steps linked to) a service agreement with you. This includes:

  • creating your account;
  • taking deposits and fees, and paying out withdrawals;
  • allowing you to make trades, maintaining your account and trading history, and closing / auto-deleveraging / liquidating positions in accordance with our published policies and terms of service;
  • communicating with you; and
  • providing customer services;

To monitor, improve and protect the services on our website and apps, in particular by looking at how they are used, testing alternatives (e.g. by “A/B testing”, and running “beta” version trials), and by learning from feedback and comments you provide;

To personalize our website, apps and services;

To invite individuals to take part in market research and beta tests.

Where you give us consent (so far as that consent is required):

We will send you direct marketing in relation to our relevant products and services, or other products and services provided by us and carefully selected partners;

We place cookies, monitor email engagement, and use other similar technologies in accordance with our Cookies Notice and the information provided to you when those technologies are used;

On other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.

For purposes which are required by law, in particular: in response to requests by relevant courts and public authorities, such as those conducting an investigation.

What rights do you have?

Subject to applicable law, as outlined below, you have a number of rights in relation to your privacy and the protection of your personal information. You have the right to request access to, correct, and delete your personal information, and to ask for data portability. You may also object to our processing of your personal information or ask that we restrict the processing of your personal information in certain instances. In addition, when you consent to our processing of your personal information for a specified purpose, you may withdraw your consent at any time. If you want to exercise any of your rights please contact us at [email protected]. These rights may be limited in some situations - for example, where we can demonstrate we have a legal requirement to process your personal data.

  • Right to access: you have the right to obtain confirmation that your personal information are processed and to obtain a copy of it as well as certain information related to its processing;
  • Right to rectify: you can request the rectification of your personal information which is inaccurate, and also add to it. You can also change your personal information in your Account at any time;
  • Right to delete: you can, in some cases, have your personal information deleted by contacting us;
  • Right to object: you can object, for reasons relating to your particular situation, to the processing of your personal information. For instance, you have the right to object where we rely on legitimate interest or where we process your data for direct marketing purposes;
  • Right to restrict processing: You have the right, in certain cases, to temporarily restrict the processing of your personal information by us, provided there are valid grounds for doing so. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law;
  • Right to portability: in some cases, you can ask to receive your personal information which you have provided to us in a structured, commonly used and machine-readable format, or, when this is possible, that we communicate your personal information on your behalf directly to another data controller;

Fully-automated decision-making that could have significant effects on you

As the service documentation on our site and our terms of service explain, our trading platform applies certain automatic processes based on your trading positions and the resources on your account.

For example, most Nami Exchange instruments are highly leveraged. To keep positions in these instruments open, traders are required to hold a percentage of the value of the position on the exchange, known as the Maintenance Margin percentage. If you cannot fulfill your maintenance requirement, and liquidation is therefore triggered, we will cancel open orders on the current instrument, you will be partially or fully liquidated, and your maintenance margin can be lost.

Other significant automated decision-making that uses your personal data may also be employed, to protect accounts and to uphold our terms of service. 

API usage and behavior is monitored in order to protect our systems and to uphold our terms of service. Automated decision-making may be employed to manage your account’s API access or rate limit permits based on your API usage and trading behavior (this may include limiting or preventing access and activity on your account).

Relying on our legitimate interests

To the extent required by law, we aim to carry out balancing tests when significant data processing activities are justified on the basis of our “legitimate interests”, as described above.

Withdrawing consent or otherwise objecting to direct marketing

Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send or display marketing without your consent. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, changing your account settings, or by contacting us using the details set out below.

Who will we share this data with, and where?

Personal data may be shared with courts or public authorities if required as described above, mandated by law, or required for the legal protection of our or third party legitimate interests, in compliance with applicable laws and authorities’ requests.

In the event that the business is sold or integrated with another business, your details will be disclosed to our advisers and any prospective purchaser’s advisers, and to the new owners of the business.

Cookies and related technologies

We use cookies (and local storage objects, but we refer to these collectively as “cookies” below), web beacons/tags, and other related approaches to collect information about your use of our website. Cookies are small pieces of information sent by a web server to a web browser, to allow certain functionality or analytics. In particular, we use the following:

Strictly Necessary Cookies

These cookies are essential in order to enable you to move around the website and use its features.

Without these cookies, things you have asked for such as remembering your login details or trade orders cannot be provided.

We also use these cookies to balance traffic over multiple servers, so we can keep it responsive and capable of dealing with high traffic from all users.

Performance Cookies

These cookies collect information on how people use our website. For example, we use these to help us understand how customers arrive at our site, browse or use our site and highlight areas where we can improve areas such as navigation, trading, customer support and marketing.

Functionality Cookies

These cookies remember choices you make such as the country you visit from, and language and search parameters. These can then be used to provide you with an experience more appropriate to your selections.

Controlling these technologies

If you want to delete any cookies, please check your browser or device settings (and help pages) for instructions on how to delete them. Your browser or device may also offer tracking controls for things other than cookies, such as beacons and tags.

Please note that by deleting our cookies or disabling future cookies, in particular the “strictly necessary” cookies described above, you may not be able to access certain areas or features of our site.

External links

Although our website and apps only look to include quality, safe and relevant external links, users should always adopt a policy of caution before clicking any links to non-Nami group websites or apps. We cannot control, guarantee or verify their contents. They will have their own policies and practices, for example with regard to privacy and personal data, and you should acquaint yourselves with those before further engaging with those third party websites or apps.

Changes to this Notice

We may revise this Privacy Notice from time to time. If we make a change to this notice that we consider material, we will take steps to notify users by a notice on the website and/or app. Your continued use of the Nami Exchange website, apps and services (including API services) will be subject to the updated Privacy Notice.

Getting in touch with us

If you have any questions or concerns about how we process your data, you can get in touch with us at [email protected].