Privacy Policy

BETA SERVICOS DIGITAIS LTD At (hereinafter referred to as “we or our”) is committed to safeguarding personal information. This Privacy Policy relates to our use and collection of personal information relating to clients of our platforms, including directors, beneficial owners, principals, employees or consultants of our clients and/or vendors (hereinafter referred to as “you/your”).

With respect to our clients, we are the data controller of your personal information processed under this Privacy Policy.

This Privacy Policy provides you with detail about how we use such personal information. We use commercially reasonable physical, electronic and procedural measures to protect your personal information in accordance with data protection legislative requirements. This Privacy Policy does not apply to anonymized data as it cannot be used to identify you.

We will not use your personal information for purposes other than those purposes we have disclosed to you in this Privacy Policy without your permission.

By visiting, accessing or using our Products or our website, you acknowledge that we use your personal information as set out in this Privacy Policy.

1.1. This Privacy Policy is intended to explain our privacy practices and covers the following areas:

What personal information about you we may collect
How we may use your personal information
Whom we may disclose or share your personal information
Our use of automated decision-making
How we protect your personal information
Your rights and to contact us
Cookies
Modification to this Privacy Policy
GDPR Notice
LGPD Notice

2. Information we may collect about you

2.1. We may collect the following personal information from you when you register with us:

Contact Information: name, address, email address
Account information: username and password
Financial Information: bank and bank account numbers
Identity Verification Information: date of birth, tax ID number, images of government issued ID, passport, national ID or driving license
Tax identification number
Address proof: Utility bill details or similar information
In addition, for institutional customers:
Organizational Information: Certificate of incorporation, business registration, certificate of incumbency, business licenses
Identification Information for beneficial owners, principals, directors and executive management (as applicable)

2.2. We may also automatically collect certain computer, device and browsing information when you access our website:

Computer or mobile device information, including IP address, operating system, browser type
Website usage information
Location information

2.3. We also may collect personal information about you (including your beneficial owners, principals and executive management, as applicable) from public databases and ID verification partners, including:

public employment profile
criminal history
credit history
status on any politically exposed person and sanctions lists
address
other information to help validate your identity

2.4. We also collect personal information disclosed by you when you contact us or respond to our communications (e.g., email, telephone, other writing).

2.5. We also collect the following personal information from your usage of our products and services:

Account Information: information that is generated by your account activity, including, but not limited to, purchases and redemptions, deposits, withdrawals and account balances.

When we require certain personal information from you, it is because we are required by applicable law to collect this information or it is relevant for specified purposes. We may not be able to serve you as effectively or offer you all of our services if you elect not to provide certain types of information.

3. Uses made of your personal information

We may use your personal information in the ways listed below.

To provide our services effectively to our clients and conduct our business: to administer our services, including to carry out our obligations arising from any agreements entered into between our clients and us, which may include passing your data to our payment partners and third parties such as agents or contractors or to our advisors (e.g., legal, financial, business or other advisors). We may also use your personal information to develop our products and services, to evaluate new products and services and to improve our service quality, including by performing statistical analysis and reporting on transactions and site usage. In addition, we may use your personal information for financial reporting, management reporting, audit and record keeping purposes. This could help us to enhance security and safety of our service as well, and to prevent any illegal and improper usage of the services.

To manage our risk: We may use your personal information in managing the risk of our client base, including for assessing and processing applications, instructions or requests from you, maintaining credit and risk related models, managing our infrastructure and business operations and complying with internal policies and procedures and monitoring the use of our products and services.

To receive services from our vendors and conduct our business: to receive services, including to carry out our obligations arising from any agreements entered into between you and our vendors, which may include passing your data to third parties such as agents or contractors or to our advisors (e.g., legal, financial, business or other advisors) or the custodian. This includes vendors that provide ID verification and sanctions tools, which we use to help verify your identity and comply with our legal obligations, such as anti-money laundering laws. ID verification partners use a combination of government records and publicly available information to verify identity. This also includes the financial institutions with which we partner to provide custodian to your money and to process payments you have authorized. Our contracts require these vendors to only use your information in connection with the services they perform for us, and prohibit them from selling your information to anyone else.

To verify your identity: for the purposes of providing facilities, products or services, including conducting screenings or due diligence checks as may be required under applicable law, regulation, directive or our Terms and Conditions.

In relation to fraud prevention: We and other organizations may also access and use certain information to prevent fraud as may be required by applicable law and regulation and best practice at any given time. If false or inaccurate information is provided or fraud is identified or suspected, details may be passed to law enforcement and fraud prevention agencies and may be recorded by us or by them. In addition, we may share information with the financial institutions with which we partner to process payments you have authorized. We may also share information with our partner or other financial institutions. For more information on the AML & anti-fraud measures adopted by us, please see section 7 of this Privacy Policy.

In connection with legal or regulatory obligations: Law enforcement, regulators and the court service :- We may share your information with law enforcement, regulatory authorities, tax authorities, self regulatory organizations (such as those that operate virtual currency derivative exchanges) and officials, or other third parties when we are compelled to do so by a subpoena, court order, or similar legal procedure, or when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our Terms and Conditions or any other applicable policies. We may also use your personal information to otherwise comply with all applicable laws, regulations, rules, directives and orders.

In order to communicate with you: We may use your personal information to communicate with you, including providing you with updates on changes to products, services and banking facilities (whether made available by us or through us) including any additions, expansions, suspensions and replacements of or to such products, services and banking facilities and their terms and conditions.

In connection with disputes: We may use your personal information to address or investigate any complaints, claims or disputes and to enforce obligations owed to us.

For advertising: Subject to applicable laws and regulations, we may use your personal information to inform our advertising and marketing strategy and to tailor our messaging to your needs. Where required by law, we will ask for your consent at the time we collect your data to conduct such marketing. An opt-out mechanism will be provided to you in each communication to enable you to exercise your right to opt out of any direct marketing. We never sell your information. You may withdraw this consent/opt-out at any time without affecting the lawfulness of processing based on your prior consent.

4. Automated decision-making

Our operation relies on automated analysis of personal information provided by you, alongside that received from AML, credit referencing agencies and fraud prevention agencies. For more information on the anti-fraud measures adopted by us, please see section 7 of this Privacy Policy.

We may use criteria such as your identifying information (e.g., your name, tax id number or date of birth) to validate your identity against public records on an automated basis or without human/manual intervention.

We do this on the basis that it is necessary for us to enter into a contract with you. If you fail to meet these criteria, your application to use our Products will be rejected.

You may also request that we provide information about our methodology and ask us to verify that the automated decision has been made correctly. We may reject the request, as permitted by applicable law, including when providing the information would result in a disclosure of a trade secret or would interfere with the prevention or detection of fraud or other crime. However, generally in these circumstances we will verify (or request the relevant third party to verify) that the algorithm and source data are functioning as anticipated without error or bias.

5. Transmission, Storage and Security of your personal information

Security over internet

5.1. No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information in accordance with data protection legislative requirements.

5.2. All information you provide to us is stored on our or our subcontractors’ secure servers and accessed and used subject to our security policies and standards. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our websites, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.

5.3. Your personal information may be accessed by staff or suppliers in, transferred to, and/or stored at, a destination outside the United Kingdom, the EU and/or Brazil in which data protection laws may be of a lower standard. Regardless of location or whether the person is an employee or contractor, we will impose the same data protection.

5.6. We will retain your personal information for as long as is necessary for the processing purpose(s) for which they were collected and any other permitted linked purpose (for example certain transaction details and correspondence may be retained until the time limit for claims in respect of the transaction has expired or in order to comply with regulatory requirements regarding the retention of such data). So if information is used for two purposes, we will retain it until the purpose with the latest period expires; but we will stop using it for the purpose with a shorter period once that period expires.

5.7. We restrict access to your personal information to those persons who need to use it for the relevant purpose(s). Our retention periods are based on business needs, and your information that is no longer needed is either irreversibly anonymised (and the anonymised information may be retained) or securely destroyed. By way of example:‍

use to perform a contract: in relation to your personal information used to perform any contractual obligation to you, we may retain that personal information whilst the contract remains in force plus a further period (depending on jurisdiction and other factors) to deal with any queries or claims thereafter;

copies of evidence obtained in relation to AML checks: in relation to your personal information obtained in relation to AML checks, we may retain that personal information whilst our client relationship remains in force plus a further 7 years to deal with any queries or claims thereafter; and‍

where claims are contemplated: in relation to any information where we reasonably believe it will be necessary to defend or prosecute or make a claim against you, us or a third party, we may retain that information for as long as that claim could be pursued.

Anonymity

5.8. Virtual asset may not be fully anonymous as a result of the public digital ledgers reflecting these currencies. Generally, anyone can view the balance and transaction history of any public wallet address. We, and others who are able to match your public wallet address to other information about you, and also may be able to identify you from a blockchain transaction. Furthermore, third parties may use data analytics to identify other information about you. Please note that such third parties have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information.

6. Your rights & Contacting us

Marketing: You have the right to ask us not to process your personal information for marketing purposes. We will inform you if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by not checking certain boxes on our marketing consent form. You can also exercise the right at any time by contacting us as set out below.

Updating Information: 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 contacting us as set out below.

You can also exercise the right to opt-out anytime from our marketing communications or update your personal information, please contact us at legal@betaapp.com.

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7. AML & Fraud Detection purposes

7.1 Before we provide our services to you, we undertake checks for the purposes of preventing fraud and money laundering and to verify your identity. These checks require us to process personal information about you.

7.2. The personal information you have provided, we have collected from you, or we have received from third parties will be used to prevent fraud and money laundering and to verify your identity.

7.3 In order to do so, we may provide information to, obtain information from, and verify information with fraud prevention and debt collection agencies and credit reference agencies (in their role as fraud prevention agents). We will continue to exchange information with such parties while you have a relationship with us.

7.4. AnyAML and fraud prevention agencies and debt collection agencies and credit reference agencies may also enable law enforcement agencies to access and use your personal information to detect, investigate and prevent crime.

7.5. AML and fraud prevention agencies and credit reference agencies can hold your personal information for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to 7years.

7.6. As part of the processing of your personal information, decisions may be made by automated means. This means we may automatically decide that you pose a fraud or money laundering risk if our processing reveals your behaviour to be consistent with money laundering or known fraudulent conduct, or is inconsistent with your previous submissions, or you appear to have deliberately hidden your true identity. You have rights in relation to automated decision making as set out in section 4 of this policy.

7.7. As a consequence of processing, if we, or a AML & fraud prevention agency or credit reference agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services you have requested or we may stop providing existing services to you.

7.8. A record of any fraud or money laundering risk will be retained by the fraud prevention agencies and credit reference agencies, and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us as per section 6 of this policy.

8. Cookies policy

We may use cookies on the websites.

9. Changes to our Privacy Policy and/or Cookies Policy

We may change the content of our Privacy Policy from time to time in the future. We therefore encourage you to review this policy from time to time to stay informed of how we are using personal information.

10. Notice to European Union Residents ("GDPR Notice")

Under the European Union’s General Data Protection Regulation (GDPR), we are providing this GDPR notice to EU residents.

We have already described in Section 3 and Section 5 above as to how we use your Personal Information and how we disclose or share your information. You have the following rights in your Personal Information:

You have the right to information about your Personal Information processed by us as to (a) the processing purposes; (b) the categories of Personal Information being process; (c) the recipient or categories of recipient who Personal Information have been disclosed to; (d) the planned duration of Personal Information to be stored; (e) the deletion or restricting the processing of Personal Information or to object such processing; (f) the appeal to a supervisory authority; (g) any automated decision making in processing your Personal Information; (h) the origin of your Personal Information if such information is not collected from you; and (i) the designation of Personal Information in case of transfer of information.

You have the right to rectify any inaccurate Personal Information.

You have the right to request immediate erasure of Personal Information if (a) the Personal Information is no longer necessary to be retained; (b) you revoke your consent; (c) you object the process your Personal Information as there is not legitimate ground to process it; and (d) your Personal Information was processed unlawfully.

You have the right to restrict any processing of your Personal Information if (a) you object the accuracy of Personal Information; (b) the processing is unlawful but instead of erasure you chose to restrict the processing; (c) we do not need your Personal Information but you may need it for other purposes (d) you object the processing pursuant to Article 21(1) of the GDPR.

You have the right to receive your Personal Information that you provided to us in a structured and readable format.

If you wish to exercise your rights to your Personal Information, update, delete or restrict any process of Personal Information or revoke your consent to processing the same, please contact us at legal@betaapp.com. If there is any infringement of GDPR in relation to your Personal Information, you may lodge a complaint with a supervisory authority at your residence jurisdiction of European Union.

11. Notice to Brazilian Residents ("LGPD Notice")

We adhere to comply with Brazil’s General Data Protection Law (Lei Geral de Proteção de Dados) (hereinafter “LGPD”)

You have the following rights in your Personal Information:

You have the right to information about your Personal Information processed by us as to (a) the processing purposes; (b) form and duration of Personal Information being process; (c) the identity of controller and processing agent, and their contact; (d) all information in relation to the shared use of your Personal Information; (e) the deletion or restricting the processing of Personal Information or to object such processing; (f) the appeal to a supervisory authority; (g) any automated decision making in processing your Personal Information; (h) the origin of your Personal Information if such information is not collected from you; and (i) the designation of Personal Information in case of transfer of information.

You have the right to rectify and update any inaccurate Personal Information.

You have the right to receive your Personal Information that you provided to us in a structured and readable format.