PRIVACY POLICY

Effective date
Feb 15, 2019
Version
v.1.0
Summary of Changes
Initial versions

Protecting the privacy and safeguarding the personal and financial information of our clients and website visitors is one of our highest priorities. The following Privacy Statement explains how Thinkmobiles collects and protects your personal information. References to "Thinkmobiles" in this Privacy Statement include all Thinkmobiles companies and divisions, including Thinkmobiles. By opening a Thinkmobiles account or by using Thinkmobiles websites, you give your consent to the collection and use of personal information by Thinkmobiles as explained in this Privacy Statement.

INTRODUCTION

We understand the importance of protection of your privacy and personal data and commit a lot of efforts to develop and maintain high standards of inner security measures and technologies to provide you with secure processing and storage of the data we collect from you; and keep your data safe against unauthorized or unlawful processing and against accidental loss, destruction or damage.

DEFINITION

Personal information refers to “information or an opinion, whether true or not, and whether recorded in a material format or not, about an identified individual, or an individual who is reasonably identifiable”. Any information or opinion that may lead to the reasonable inference to the identity of an individual may be considered personal information.

PERSONAL DATA WE COLLECT AND OBJECTIVE

When registering for an account via Thinkmobiles we collect and further process the following categories of data:

  1. a) Information requested during the registration of the Account that identifies you, for example your name, date of birth, citizenship, etc.

When you go through the registration process, you shall provide an e-mail address and create a password.

  1. b) Financial information, including your income, source of income / funds, taxation residence information, etc.

Information, which we may collect through automated means. Through your use of the Website and its tools, we also monitor and collect tracking information related to usage such as access date & time, device identification, operating system, browser type and IP address. This information may be directly obtained by Thinkmobiles or through third party services.

  1. c) Your identity and residency verification documents, for example passport and/or ID card, utility bill, etc.
  2. d) Contact information, i.e. your phone number, e-mail address, etc.

We do not collect any information that may identify you without your permission.

We use Google Analytics on Our Technology Platform. If you want to know more about Google Analytics and its “do not track” policy, please visit https://www.google.com/analytics/terms/us.html

We do not intend to solicit or collect Personal Information from anyone under the age of 16 or under the legal age of your country, if it is higher. If you are under 16 or are not of a legal age of your country, do not enter any personal information on our Website.

The term we keep the personal information collected depends on the type of information, the purpose of its use, nature of sensitiveness, etc. To the general rule, we will retain your personal information for the length of time reasonably needed to fulfill the purposes outlined in this privacy policy, including for as long as needed to provide you with products and services, unless a longer retention period is required or permitted by law. We will also retain and use your information for as long as necessary to resolve disputes and/or enforce our rights and agreements.

We collect and process the abovementioned data to fulfil our contractual obligations and legitimate interest before you, namely:

  • provide services, including execution of requested transactions and related maintenance of the services you registered for and manage the account you hold;
  • provide you with the information about your activities on the account;
  • inform on any changes and updates to the services you are provided with;
  • assess and mitigate risks related to anti-money laundering and terrorism financing regulations as well as transaction related risks;
  • comply with applicable legislation;
  • maintain actions in relation to legal claims;
  • provide additional or supportive services, as well as perform Client surveys, statistical analysis;
  • to ensure marketing activities (send you news, updates, promotions, product information, event announcements, and other).
  • improve the performance and functionality of our services.

The above list may be extended depending on the development of the services.

We collect your personal information directly from you and indirectly as a result of your relationship with us. Thinkmobiles may use the information collected from you to verify your identity and contact information, issue you an account number and a secure password, maintain your account activity and contact you with account information, among other reasons. This information also helps us improve our services to you, customize your browsing experience and inform you about additional products, services or promotions that may be of interest to you. You directly provide us with the majority of information we collect. This information includes your contact details, including name, mailing address, telephone number and e-mail address, personal identification data we are required by law to collect, including your passport number and/or tax identification number. We also collect demographic information when you open an account, including gender, birth date, occupation and employment status.

You provide us with this information by completing the account application and related documentation, by sending us an e-mail or by submitting information in response to a promotion or special offer. The information we collect indirectly from you includes your Internet protocol ("IP") address, browser type, operating system, Internet service provider (ISP), time stamps and transaction history. Should you close your account with us, Thinkmobiles will retain your information, but only use it to comply with regulatory requirements and to periodically contact you to offer you the opportunity to reactivate your account or participate in other offers.

PROCESSING OF YOUR PERSONAL DATA

Your personal data may be received and processed:

  • by Thinkmobiles within our inner systems of processing, which complies to technical and organizational measures in a manner that meets applicable requirements of Regulation and security standards; and/or
  • at outsource service providers and processors who access and use the data only to the extent required to perform the obligations subcontracted to them by Thinkmobiles (hereinafter – ‘subprocessors’).

Those subprocessors perform tasks on our behalf and are contractually obligated not to disclose or use collected information for any other purposes, then storage, help in facilitation of technical aspects of our services or perform functions related to the administration of services (collection and analysis) or other indicated under contractual closes.

Client specifically agrees that Thinkmobiles may to its own discretion engage subprocessors, who comply to technical and organizational measures in a manner that meet applicable requirements of Regulation and security standards implied under this Privacy Policy.

If such subprocessors are outside of Swiss Confederation or the European Union or European Economic Area, the processing of personal data is done or will be done in accordance with applicable laws.

Subprocessors remain fully liable for all obligations subcontracted to, and all acts and omissions of, Thinkmobiles is not responsible in the event that information is disclosed at a result of a breach or security lapse at any such subprocessors, or for such subprocessors' non-compliance with the foregoing requirements.

INCIDENTS NOTIFICATION

If Thinkmobiles becomes aware of any breach of our security leading to the accidental or unlawful destruction, loss, alteration or unauthorized disclosure of, or access to (excluding unsuccessful attempts or activities) personal data of Clients on systems managed or otherwise controlled by us we will notify you promptly and without undue delay and in compliance to the procedure prescribed under respective Regulation.

The notification will be made to your e-mail address at the discretion of Thinkmobiles or by other direct communication available to Thinkmobiles and allowed by Client (for example, by phone or e-mail). It is sole responsibility of the Client to provide us with the e-mail address and ensure that this e-mail address is valid and current.

None of Data Incidents notification from Thinkmobiles may not be and will not be construed as an acknowledgment of any fault or liability with respect to data incident by us.

CLIENT’S SECURITY COMMITMENTS

Client agrees that without prejudice to our security measures and data incidents that it is Client’s responsibility to make appropriate use of our services to ensure a level of security appropriate to the risk in respect of your personal data and securing your authorization credentials, system and devices which you use to access to our services.

We are not obliged to protect your personal data that you choose to store or transfer outside Thinkmobiles and our subprocessors’ systems.

CLIENT’S RIGHTS IN RESPECT TO ITS PERSONAL DATA

Under the General Data Protection Regulation (EU) 2017/676, you have various rights in relation to your personal data. All of these rights can be exercised by contacting us at [email protected]. In certain circumstances, you have the following rights in relation to your personal data:

  • Right of access — you have the right to obtain from us information as to whether your personal data is being processed, and, where that is the case, access to such personal data. You may access and amend your personal data, request the details about purposes of processing of your personal data and prevent from undesirable marketing by opting-out. If you wish to opt out of marketing, use ‘unsubscribe’ option available at our e-mails.
  • Right to withdraw consent — when we rely on your consent for processing of your personal data, you have the right to withdraw your consent at any time. However, the withdrawal of your consent will not affect the lawfulness of Thinkmobiles’s processing based on consent before your withdrawal.
  • Right to rectification — we will use reasonable endeavors to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by sending us a request to rectify your personal data where you believe the personal data we have is inaccurate or incomplete.
  • Right to restriction of processing — you have the right to ask us to stop processing your personal data at any time.
  • Right to erasure — Asking us to delete all of your personal data will result in Thinkmobiles deleting your personal data without undue delay (unless there is a legitimate and legal reason why we are unable to delete certain of your personal data, in which case we will inform you of this). Asking us to stop processing your personal data or deleting your personal data will likely mean that you are no longer able to use our Services.
  • Right to data portability — You have the right to request that Thinkmobiles provides you with a copy of all of your personal data and to transmit your personal data to another data controller in a structured, commonly used and machine-readable format, where it is technically feasible for us to do so and the processing is based on consent or contractual performance.
  • Right to complain — although we encourage our customers to engage with us in the event they have any concerns or complaints, you have the right to lodge a complaint to a supervisory authority.
  • Right to object automated processing — you have the right not to be subject to a decision based solely on automated processing of your personal data, including profiling, which produces legal or similarly significant effects on you. There may be exceptions or limitations to this right as defined under relevant data protection laws. We will not ordinarily charge you in respect of any requests we receive to exercise any of your rights detailed above, however, if you make excessive, repetitive or manifestly unfounded requests, we may charge you an administration fee in order to process such requests or refuse to act on such requests. When you request us to rectify or erase your personal data or restrict any processing of such data, we may notify third parties to whom such personal data has been disclosed of such request. However, such third party may have the right to retain and continue to process such personal data in its own right, for example to enable it to comply with its own legal obligations.
  • Right to make a request - you may also send a request to receive the information which is been processed, amended, deleted or locked and information about any parties to which we transmit your personal data.

In some case we may charge a fee (based on our reasonable costs) if the requests are excessive considering the nature of the request itself or nature and functionality of our services.

COOKIE & SIMILAR TECHNOLOGIES

We use cookies and web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, "cookies") to provide us with data we can use to improve your experience and to know you better. Cookies are small text files sent from Web servers that may be stored on your computer. Cookies enable us to capture how you arrived at our site, when you return, which pages on our site you visit, and to recognize that you are already logged on when we receive a page request from your browser. We may link the information we store in cookies to personally identifiable information you submit while on our site. We will never share this information with any 3rd party. Cookies are readable only by us and do not contain any personal information nor do they contain account or password information. We cannot and will not gather information about other sites you may have visited. We may share usage information about visitors to our websites with reputable advertising companies for the purpose of targeting our Internet banner advertisements. The information collected by the advertising company through the use of these pixel tags is not personally identifiable. We may also use 3rd party software to track and analyze usage and volume statistical information including page requests, form requests and click paths. The third party may use cookies to track behavior and may set cookies on behalf of Thinkmobiles. All web browsers have settings that allow you to block cookies. By visiting our website with your browser set to allow cookies, you consent to our use of cookies as described above. If you choose to block cookies you may use our services but some functions may not work as designed.

SHARING PERSONAL INFORMATION WITH THINKMOBILES AFFILIATES AND NON-AFFILIATED THIRD PARTIES

Thinkmobiles does not sell, license, lease or otherwise disclose your personal information to any affiliate or third party for any reason, except as described below. Thinkmobiles may share information with affiliates if the information is required to provide the product or service you have requested or to provide you the opportunity to participate in the products or services our affiliates offer.

To help us improve our services to you, we may engage another business to help us carry out certain internal functions, such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business. We may also provide a non-affiliated third party with client information from our database, including your name, address, phone number, and/or e-mail address, to help us analyze and identify client needs, notify clients of product and service offerings or conduct general marketing and market research for us.

Thinkmobiles also forges partnerships and alliances with non-affiliated third parties which offer high-quality products and services that might be of value to our clients. In order to ensure that these products and services meet your needs and are delivered in a manner that is useful and relevant, Thinkmobiles may share some personal information with these non-affiliated third parties.

We always require that all non-affiliated third parties to which we provide your nonpublic personal information agree to keep your information confidential and use such information solely for the limited purpose for which we have engaged them, or as otherwise required by law. In addition, where offers are made to you by non-affiliated third parties, we always require that they disclose that the offer is being extended because of your relationship with us. We also seek to ensure that these nonaffiliated third parties maintain appropriate data security procedures to guard against unauthorized use of, or access to, your personal information.

When required by law, Thinkmobiles reserves the right to disclose your personal information to third parties or regulatory, law enforcement or other government authorities. We may also disclose your information to credit reporting or collection agencies, or when necessary to protect our rights or property. If at any time you choose to purchase a product or service offered by another company, for example by clicking on an advertisement on a website owned or controlled by Thinkmobiles, any personal information you share with that company will no longer be controlled under our Privacy Statement. We are not responsible for the privacy policies or the content of sites we link to and we have no control over the use or protection of information provided by you to, or collected by, those websites. Whenever you elect to link to a cobranded website or to a linked website, you may be asked to provide registration or other information. Please note that the information you are providing is going to a third party and you should familiarize yourself with the privacy policy published by that third party.

THE SECURITY OF YOUR PERSONAL INFORMATION

We employ security software, systems and procedures to offer you a safe and secure working environment and to protect your personal, financial information. When you open an account with us, you are issued a unique User ID and a password. Only a limited number of Thinkmobiles employees who have a need to know this information will have access to your User ID, and password. Remember that you are ultimately responsible for maintaining the secrecy of your User ID and password. We strongly recommend that you do not disclose this information to anyone. On our websites and online account application we use technology to encrypt information transmitted by or to you. We use certificate authority (CA) certificates to authenticate our websites and secure trading and customer-facing applications, allowing you to verify that you are connected to our websites.

CHANGES TO THIS PRIVACY STATEMENT AND OPTING OUT

Please note that we may amend this Privacy Policy from time to time at our sole discretion. Therefore, please check this Privacy Policy for updates. If any significant updates in regard to data processing terms are made here we will notify you additionally within reasonable time via e-mail provided by you. In the event Thinkmobiles materially changes this Privacy Statement, the revised Privacy Statement will promptly be posted to our websites. By opening an account with us, you are deemed to agree to accept posting of a revised Privacy Statement electronically on our website as actual notice to you. Under certain circumstances, such as with respect to our sharing of your personal information with non-affiliated third parties, you may inform us that you would like to "opt out" by contacting us through the contact information listed below. An opt-out election must be made for each separate account you hold at Thinkmobiles. Any dispute over our Privacy Statement is subject to this notice and the Thinkmobiles Customer Agreement. If you have any questions that this Privacy Statement does not address, please contact a Client Services representative.

CONTACT DETAILS

You may contact Thinkmobiles for any reason under this Privacy Statement, or otherwise, as follows: [email protected].