EURK Brand Logo

30 May 2023

Privacy Policy

1. Who we are?

This privacy policy (“Policy”) indicates how EURK (issued by JCS CH GmbH, Gartenstrasse 6, 6300 Zug, Switzerland, entered in the Commercial Register of the Canton Zug under number CHE-478.399.078) (“Company, EURK, we, our, or us”) collects, uses, shares, and stores personal information of users of its website, www.eurk.ch. (the “Website”). This Policy applies to the Website, web-applications, products, and services of us (“Services”) or on which such personal information is posted, shared, linked, used, checked, or referenced. We may process certain personal data about you, depending on the scope of your specific relationship with us.

Therefore, it is our responsibility to collect, process, and use of your personal data in accordance with the law. We take data protection very seriously and are dedicated to the protection of your personal data. As a result, we comply with the applicable data protection laws of Switzerland and the European Union (in particular General Data Protection Regulation, GDPR).

If you have not done so already, please also review our Terms and Conditions. The Terms and Conditions includes provisions and clauses that limit our liability to you and require you to resolve any dispute with us on an individual basis and not as part of any class or representative action. If you do not agree with any part of this Policy or Terms and Conditions, please do not use or purchase any of the Services.

Please note that this Policy does not apply to information collected through third-party websites or services that you may access through the services or that you submit to us offline.

2. What does this Privacy Notice cover?

This Privacy Notice applies to the following three circumstances:

  • Personal data processed when you visit and use our Website;
  • Personal data processed to service our potential and existing agents (“agents”);
  • Personal data processed to service our potential and existing customers (“customers”).

3. What personal data do we collect?

3.1 Personal data gathered from you

3.1.1 Website

When you visit our Website, and navigate your way around, we acquire minimum personal data at this stage. The personal data we collect includes the following:

  • information about your computer or device, including browser type and settings;
  • log data - the webpage you were visiting before you came to our Website, pages you visit on our site, time spent on those pages, information you search for on our Website, IP address, access times/dates, and other statistics;
  • history of interaction with our webpages, including traffic data relating to your internet connection; and/or
  • other personal data that does not directly identify you, such as actions taken on our Website.

Providing your data is optional, but it may be necessary for certain services we provide, and other processing activities e.g. to access content, or to qualify your suitability as a new customer. In such cases, if you do not provide your personal data, we may not be able to provide you with the requested services.

3.1.2 Agent

As a business, any data solely connected to the legal enterprise is not personal data, however we collect the following personal data on directors and ultimate beneficial owners that you provide to us at onboarding:

  • name;
  • e-mail address;
  • telephone number;
  • address;
  • nationality;
  • date of birth;
  • security credentials;
  • professional data (through CV);
  • identification documents (and their attached personal data).

We collect this personal data from the directors and ultimate beneficial owners when registering with us.

We collect the following personal data that you provide to us throughout the business relationship:

  • account activity, including payment instructions;
  • communications with our staff; and
  • usage of online portals.

We collect this personal data from you when:

  • information about your computer or device, including browser type and settings;
  • log data - the webpage you were visiting before you came to our Website, pages you visit on our site, time spent on those pages, information you search for on our Website, IP address, access times/dates, and other statistics;

3.1.3 Customer

We collect the following personal data that you provide to us at onboarding:

  • Identity information, such as your first name, last name or similar identifier, title, date of birth, gender, nationality, place of birth and occupation;
  • Passport and/or photo ID for identity verification purposes;
  • e-mail address;
  • telephone number;
  • address;
  • Information required to comply with anti-money laundering (AML) laws and know-your-customer (KYC) requirements (such as nationality and place of birth);
  • Information required to comply with tax law requirements, such as your country of tax identification and tax identification number (TIN);
  • Financial information, such as bank account number for cash withdrawal and the bank BIC number;
  • Profile information, such as your nickname, interests, preferences, feedback and survey responses;
  • Marketing information, such as your preferences for receiving marketing communications and details about how you engage with them;
  • Your GPS location at the moment of opening your account with us.
  • security credentials;

We collect this personal data from you when registering for an account.

We collect the following personal data that you provide to us throughout the business relationship:

  • account activity, including payment instructions;
  • communications with our staff or our agents staff; and
  • usage of online systems.

We collect this personal data from you when you:

  • communicate to our staff through any medium; and
  • access the online systems directly or through one of our agents.

3.2 Personal data gathered from other sources

3.2.1 Website

We do not collect or process personal data from other sources and any personal data we collect, in the context of the Website, is provided by you whether directly or indirectly.

We may automatically record certain information about how you use our Website (we refer to this information as “Log Data”). Log Data may include information such as a user's Internet Protocol (IP) address, device and browser type, operating system, the pages or features of our Website to which a user browsed and the time spent on those pages or features, the frequency with which the Website are used by a user, search terms, the links on our Website that a user clicked on or used, and other statistics. We use this information to administer the Service and we analyze (and may engage third parties to analyze) this information to improve and enhance the Service by expanding its features and functionality and tailoring it to our users' needs and preferences. The IP address will be evaluated for clarification and defense purposes only in the event of an attack on the website(s)' network infrastructure or in case of a suspicion of unauthorized or abusive use of the websites. It may further be used for identification purposes in criminal proceedings and in the context of civil and criminal proceedings against the concerned individual, as necessary and required.

3.2.2 Agent

We may receive personal data about your directors and ultimate beneficial owners from other sources, where applicable. This information includes:

  • credit information;
  • credit references;
  • criminal background checks; and
  • legal and compliance checks.

We will add this information to the personal data we hold about you for the following purposes:

  • to check fitness and probity;
  • to check for possible fradulent activity;
  • comply with our legal obligations; and
  • to improve and personalise our service.

Please note that we will ask for your explicit consent before any credit search is performed.

3.2.2 Customer

We may receive personal data about you from other sources, where applicable. This information includes primarily legal and compliance checks.

We will add this information to the personal data we hold about you for the following purposes:

  • to check for possible fradulent activity;
  • comply with our legal obligations; and
  • to improve and personalise our service.

3.3 Cookies and similar Technologies

Cookies are small text files that are placed on your computer or device by websites that you visit or HTML-formatted e-mails you open. You can access our Cookies Policy on our Website.

3.4 Information we will never collect

We will never ask your private key or wallet seed. Never trust anyone or any site that asks you to enter your private keys or wallet seed.

4. How do we use personal data?

4.1 Website

We use your personal data mainly to: interact with you; to provide you with support services; to make it easy to navigate our Website; to improve our Website and our products; and to offer you content and services that might interest you.
We use your personal data as follows, where the processing is necessary to establish or administer our agreement with you:

  • communicate with you regarding support services and provide you with critical service updates;
  • allow you to access and use for the Services;
  • provide you with technical and customer support, and enable the provisioning of services;
  • determine the entity you are connecting from;
  • verify your identity;
  • process and complete transactions, and send you related information, including purchase confirmations and invoices; and
  • send information, including confirmations, technical notices, updates, security alerts, and support and administrative messages.

We may also use your personal data where processing is necessary for us to comply with our legal obligations, including responding to legal process or lawful requests. We use your personal information as we believe necessary or appropriate to comply with applicable laws including anti-money laundering (AML) laws, know-your-customer (KYC) requirements, tax law requirements, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.

Lastly, we may use your personal data, where required by applicable law.

4.2 Agent

We collect personal data about your directors and ultimate beneficial owners for the following purposes:

  • onboarding;
  • identify you and manage any accounts you hold with us;
  • complying with regulation;
  • process your contractual protected requests; and
  • statistical analysis and behavioural analysis.

We may monitor and record communications such as emails and telephone calls for the following purposes:

  • quality assurance;
  • training;
  • fraud prevention;
  • gathering statistical data for management information; and
  • compliance with relevant laws.

4.3 Customer

We collect personal data about you for the following purposes:

  • onboarding;
  • identify you and manage any accounts you hold with us;
  • sending contract notes;
  • complying with regulation;
  • process your payment instructions; and
  • statistical analysis and behavioural analysis.

We may monitor and record communications such as e-mails and telephone calls for the following purposes:

  • quality insurance;
  • training;
  • fraud prevention;
  • gathering statistical data for management information; and
  • compliance with relevant laws.

4.4 Optimize our Platform

We may use your personal information to run, maintain, and enhance our Services in order to improve your user experience. We may also use your information to address feedback and inquiries you may have about the Services and to generally support both you and other users.

4.5 With your consent

We may use or share your personal information with your consent, such as by publishing your recommendations or testimonials on our Website, or if you provide us explicit instructions on how we may use your personal information. You can get in touch with us at any moment to withdraw your consent.

5. Who your personal data may be shared with?

We may share your personal data with:

  • our agents, depending on your requested products and services;
  • our affiliates (i.e. our family of companies that are related by common ownership or control) for purposes consistent with this Policy;
  • contractors and service providers that help us perform day to day business functions;
  • credit reference agents in accordance with our credit checking policy below;
  • law enforcement agencies in connection with any investigation to help prevent unlawful activity;
  • legal representatives and consultants in situations where expert advice and legal opinions are required; and/or
  • processors that maintain our IT systems.

This data is never sold or passed on to other companies in order to market services not offered by us. With the exception of the circumstances stated in this Policy and taking into account the principle of proportionality (need-to-know), we do not disclose the personal information you give us with to other organisations without your express agreement.

6. Reasons we can collect and use personal data

We collect and use personal data to provide you with Services that you have requested, or where necessary, to comply with a legal obligation. We may also collect and use personal data pursuant to our legitimate interest as long as these interests are not overridden by your data protections rights. Additionally, we may collect and use certain personal data where you have given consent. Where we ask for consent, you are free to withhold or revoke your consent by opting out.

We rely on the legal basis of legitimate interest and consent in order to market to you, with considerations to the e-Privacy Directive and its requirements under consent.

7. How long your personal data will be kept?

We will maintain your personal data throughout the lifecycle of the contract. We may need to keep your data for a longer period where we need to retain personal data to comply with legal or regulatory requirements, such as to help us respond to complaints or preventing fraud and financial crime. If we are not required to retain the personal data, we will destroy, delete, or anonymise it at the point it is no longer required.

8. Keeping your personal data secure

We store your personal data in a secure environment. We have appropriate security measures in place to prevent personal data from being lost, accessed, or used in an unauthorised way, including encryption and other forms of security. We limit access to your personal data to those who have a genuine business need to know it. Those processing your personal data will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Whilst we will use all reasonable efforts to secure your personal data, in using the Website you acknowledge the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of personal data that is transferred from you.

9. Transfers of your personal data outside of the European Economic Area (EEA)

Your personal data may be transferred to and stored in locations outside the UK or EEA. When we do this, we will ensure the recipient entity has an appropriate level of protection and that the transfer is lawful through controls, such as Standard Contractual Clauses. We may need to transfer your data in this way to carry out our contractual obligations to you, to fulfil a legal obligation and/or for our legitimate interests. In such instances, we will only share the personal data with those who have the right to see the personal data.

Only Switzerland serves as the company's headquarters, but it uses service providers in other EU nations as well. Your personal data may be transmitted to or from Switzerland/EU to other countries or governmental jurisdictions outside of your state, province, or nation, where privacy regulations might not be as protective as those in your jurisdiction.

More essential information concerning the transfer of personal information outside of the European Economic Area (EEA) is provided below (section 10 f.), which also applies to situations in which Swiss law is applicable.

10. Cross-Border Data Transfer

Please be aware that your personal data will be transferred to, processed, and stored in Switzerland and the EU. Data protection laws may be different from those in your country of residence. Such third-party companies are obliged to protect the privacy of individuals to the same extent as we do. If the level of data protection in a country does not correspond to the Swiss or European level, we contractually ensure that the protection of your personal data corresponds to that in Switzerland or the EU at all times.

Please contact us at [email protected], if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA.

11. Marketing

We would like to send agents and third parties' information about products, services, and our business, which may be of interest to agents. Such information could be sent by post, email, or telephone.

We will ask whether you would like us to send you marketing messages on the first occasion that you provide any relevant contact information (i.e. on signing up with us). If you do opt in to receive such marketing from us, you can opt out at any time (see Section 12. What rights do you have? below for further information). If you have any queries about how to opt out, or if you are receiving messages, you do not want to, you can contact us using the details provided below.

12. What rights do you have?

We would like to make sure you are fully aware of all your data protection rights.

The right to access: You have the right to request us for copies of your personal data and how we process the data.

The right to rectification: You have the right to request that we correct any personal data you believe is inaccurate. You also have the right to request we complete personal data you believe is incomplete.

The right to erasure: You have the right to request that we erase your personal data, under certain conditions. If you enforce this right at the same time as you object to the processing, we will have to maintain basic identification data to ensure we do not contact you again.

The right to restrict processing: You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing: You have the right to object to our processing of your personal data, this means if you do not want to be contacted for the purposes set out in this notice then we will stop processing your data.

The right to lodge a complaint with a supervisory authority: if you are a resident of an EU or EEA Member State, you have the right to lodge a complaint with a competent supervisory authority about the way, in which your personal data is processed.

The right to data portability: You have the right to request that we transfer the data that we have collected to another organisation, or directly to you, under certain conditions.

The right of withdrawal: in principle, you have the right to withdraw your consent at any time. However, processing activities based on your consent in the past do not become unlawful as a result of your revocation.

Due to the nature of the Services certain rigxzhts may be limited. However, we will do our best to grant you the rights by also taking into account all technical possibilities.

You can submit these requests by email to our data protection team at [email protected].

We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us at [email protected] or submit a complaint to the data protection regulator in your jurisdiction. If you make a request, we have one month to respond to you.

From time to time we may have other methods to unsubscribe (opt-out) from any direct marketing including, for example, unsubscribe buttons or weblinks. If such are offered, please note that there may be some period after selecting to unsubscribe in which marketing may still be received while your request is being processed.

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Digital assets are subject to a number of risks, including price volatility. Transacting in digital assets could result in significant losses and may not be suitable for some consumers. Digital asset markets and exchanges are not regulated with the same controls or customer protections available with other forms of financial products and are subject to an evolving regulatory environment.

Disclaimer: The information contained in or provided from or through this website is not intended to be and does not constitute investment, financial advice, trading advice, or any other type of advice.In no event will EURK or its affiliates, or any of its or their respective service providers, be liable to you or any third party for any use, interruption, delay or inability to use the software, lost revenues or profits, delays, interruption or loss of services, business or goodwill, loss or corruption of data, loss resulting from system or system service failure, malfunction or shutdown, failure to accurately transfer, read or transmit information, failure to update or provide correct information, system incompatibility or provision of incorrect compatibility information or breaches in system security, or for any consequential, incidental, indirect, exemplary, special or punitive damages, whether arising out of or in connection with this text, breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not we were advised of the possibility of such damages.

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SECURITY MAINTENANCE

EURK Pilot Test Smart Contract is unavailable for security reasons as of 2nd of April. Therefore, EURK will not be available for buying, selling, and exchanging until further notice.

The problem is being resolved by our team of technicians.

We sincerely apologize for the inconvenience caused.

For assistance and/or to report any incident, please contact our dedicated support team at [email protected]

Please stay tuned and await further updates.

EURK Team