Privacy Policy

This Privacy Policy (“Privacy Policy”) governs the use and access by you, the user (“You” or “User”) of the Bitcipher Services (as defined in the Terms of Use offered by Bitcipher Labs LLP, a limited liability partnership firm incorporated in India (“We”, “Us”, “LLP” or “Our”, which expression shall mean and include its affiliates, successors and assigns).

THIS POLICY DESCRIBES OUR POLICIES AND PROCEDURES FOR COLLECTION, USE, PROCESSING, STORAGE, DISCLOSURE AND PROTECTION OF YOUR PERSONAL DATA AND INFORMATION, INCLUDING, BUT NOT LIMITED TO, BUSINESS, FINANCIAL, OR OTHER SENSITIVE PERSONAL DATA AND INFORMATION (INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS ‘PERSONAL INFORMATION’).

THIS POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS THE USER OF THE BITCIPHER SERVICES AND US, AS THE PROVIDER OF THE BITCIPHER SERVICES. BY REGISTERING YOUR USER’S BITCIPHER ACCOUNT WITH US OR BY OTHERWISE USING THE BITCIPHER SERVICES, YOU ARE HEREBY PROVIDING US YOUR EXPRESS CONSENT TO VOLUNTARILY PROVIDING US AND ALLOWING US TO USE, COLLECT, ACCESS, PROCESS, STORE, DISCLOSE AND PROTECT THE PERSONAL INFORMATION IN ACCORDANCE WITH THIS POLICY. THIS POLICY DOES NOT APPLY TO THIRD-PARTY PLATFORMS (WHICH MAY HAVE THEIR OWN PRIVACY POLICY OR PRIVACY NOTICE) THAT ARE CONNECTED VIA LINKS TO THE BITCIPHER SERVICES.

IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DO NOT PROCEED FURTHER. TO USE THE BITCIPHER SERVICES. ALSO, IN THE ABSENCE OF AN ACCEPTANCE OF THE PRIVACY POLICY BY YOU, WE WILL NOT BE ABLE TO PROVIDE THE BITCIPHER SERVICES OR ONE OR MORE FEATURES OF BITCIPHER SERVICES TO YOU. FURTHER, YOU WILL HAVE THE OPTION TO NOT PROVIDE YOUR CONSENT, OR WITHDRAW ANY CONSENT GIVEN EARLIER, PROVIDED THAT THE DECISION TO NOT PROVIDE CONSENT / WITHDRAWAL OF THE CONSENT IS INTIMATED TO US IN WRITING. IF YOU DO NOT PROVIDE US PERSONAL INFORMATION OR WITHDRAW THE CONSENT TO PROVIDE US WITH ANY OF YOUR PERSONAL INFORMATION AT ANY POINT IN TIME, WE SHALL HAVE THE OPTION NOT TO PROVIDE THE BITCIPHER SERVICES OR ONE OR MORE FEATURES OF BITCIPHER SERVICES OR THE BENEFITS OF BITCIPHER SERVICES OR SERVICES THEREIN FOR THE PURPOSES OF WHICH THE SAID PERSONAL INFORMATION WAS SOUGHT.

YOUR USE OF THE BITCIPHER SERVICES WILL BE GOVERNED BY THIS POLICY IN ADDITION TO THE TERMS OF USE AS APPLICABLE TO YOU.

You can also generally browse various information or content about Bitcipher Services and Cryptos even without registering or placing any buy or sell orders with Bitcipher Labs LLP. As an unregistered user, Bitcipher Labs LLP will still be capturing, storing, processing and sharing Your usage and other data as per its cookie policy provided in this privacy policy.

THIS POLICY IS ENTERED INTO INTER ALIA AS PER THE REQUIREMENTS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RELEVANT RULES MADE THEREUNDER.

Information Collected

We will use the information provided by You only in accordance with the purposes described in the Terms of Use, Trading Policy, this Privacy Policy, the KYC-AML Policy, and as permitted under applicable laws.

You voluntarily share, disclose or provide, and We collect Your Personal Information or Non-Personal Information (as hereinafter individually defined, and which terms are collectively referred to as “Information”) when You use the Bitcipher Services and at the time of Your registration with Us, i.e. create an User’s Bitcipher Account with Us to avail the Bitcipher Services. Further, You voluntarily share and We collect information from or about You during the performance of Bitcipher Services for You. We collect information with respect to Your name, email, address, IP Address and zip code, Your location, device ID, device location, and other Personal Information and Non-Personal Information as set out subsequently. We collect all of the foregoing information in order to provide You the Bitcipher Services.

This may be combined with other information You provide to Us to collect information about You as described below. We use this information to enhance Your experience for the Bitcipher Services, and otherwise in accordance with Our Terms of Use, Trading Policy, this Privacy Policy, and KYC-AML Policy.

Except as provided herein or as clearly disclosed to You at the time of collection, We do not solicit any Sensitive Personal Data or Information about You (as defined under applicable laws). However, if You share such information with Us voluntarily, We will not be liable for any actions, claims, costs, expenses or other liabilities that may arise as a consequence of any use of such information for the purposes mentioned in this Privacy Policy.

During Your use of the Bitcipher Services, You may share and We may collect, receive, use, and process such information from You, including but not limited to the below mentioned:

Personal Information:

“Personal Information” includes without limitation the following:

Information that You provide to Us by filling in forms for the Bitcipher Services. This may include contact information such as name, email address, mailing address, phone number, pin code;
Information that You voluntarily provide when You write directly to Us (including by e-mail and surveys);
Know Your Customer (“KYC”) related information and documents and data that You provide to Us during registration or otherwise during the course of using the Bitcipher Services, and as required by applicable laws.
Information that You specifically provide access to while accepting the Terms and Conditions of use of the Bitcipher Services.
Financial account information such as details of the accounts from and to which You make fiat currency transactions.
Your blockchain wallet(s) related data and information to the extent permitted by Us or required under applicable laws.
Details of any activities undertaken and transactions carried out by You using the Bitcipher Services;
Details about You shared by the CoinSwitch Platform Provider with Us in accordance with this Privacy Policy and the CoinSwitch Platform Privacy Policy.

Non- Personal Information:

“Non-Personal Information” includes without limitation any information (or combination of information) that does not reveal Your specific identity, such as, browser information, information collected through Cookies (as defined below), pixel tags and other technologies, demographic information etc. The LLP receives, gathers and collects some information automatically when You visit the Our Bitcipher Services platform and stores it in log files. We may collect certain information about Your computer or other electronic device and the related telecommunication network through which You have accessed or viewed the Bitcipher Services platform to facilitate, evaluate and verify Your use of the Bitcipher Services.

“Cookies” are small files that reside on Your computer’s hard drive or other electronic device and generally contain an anonymous unique identifier and are placed only when the Bitcipher Services are viewed or accessed. We use such technologies, and how You can refuse certain cookies is set out in Our Visitor/ Cookies Policies. You may refuse to accept Cookies by activating the setting on Your browser which allows You to refuse the setting of Cookies. However, if You select this setting, You may be unable to access certain parts of the Bitcipher Services. Unless You have adjusted Your browser setting so that it will refuse Cookies, Our system may issue Cookies when You access the Bitcipher Services. The use of Cookies by Our partners, affiliates, advertisers or service providers is not covered by this Privacy Policy.

Use of the Information

We may use and process the information (both Personal Information or Non-Personal Information) provided by or collected from You from the following purposes:

provide and improve the Bitcipher Services offered to You;
develop, enhance, market and promote various other products and services by Us;
enable third parties, including Our affiliates, partners, group companies or other third parties such as the CoinSwitch Platform Provider, develop, enhance, market and promote their products and services to You, and to operate such products and services;
undertake KYC checks and verifications, transaction monitoring and such other actions as may be required under the Prevention of Money Laundering Act, 2002;
establish and verify Your identity, and, if applicable, verification of Your financial account information and blockchain wallet(s);
conduct research and analysis to detect, prevent, mitigate and investigate fraudulent or illegal activities;
analyse how the Bitcipher Services are used, diagnose service or technical problems, maintain security;
help You efficiently use and access the Bitcipher Services;
send You notifications, updates and newsletters;
monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;
for technology, product and market research purposes;
to enable Us to comply with any legal and regulatory obligations (including monitoring, or requisition requests;
to enable Us to proactively communicate with law enforcement agencies or any other Government or judicial body in connection with any suspicious activities;
in accordance with Our contractual obligations with third parties, including Our affiliates;
to enforce Our legal rights against You;
to keep CoinSwitch Platform and various products and services provided / offered on the CoinSwitch Platform (whether by Us, or by Bitkuber, or by any TPSP, or any third party), safe and secure;
complete know-Your customer requirements and on-boarding;
for any other purpose with Your consent;

To create one or more derivative works from Your User Information for providing or improving Bitcipher Services or to enable Bitcipher to provide or improve Bitcipher Services, or third parties to provide or improve third party services on the Bitcipher Services.
to send You service information, including changes in in User’s Bitcipher Account settings, to Our services, policies and updates pertaining to Your order; and/or
to respond to any of Your inquiries, questions, and/or any other requests.

We will use and retain Your information for such periods as necessary to comply with any applicable laws including Prevention of Money Laundering Act, 2022, Information Technology Act, 2000, Limited Liability Partnership Act, 2008, the Prevention of Money Laundering Act, 2002, Income Tax Act, 1961, Goods and Services Tax Act, 2017, to discharge Our legal obligations, resolve disputes, record keeping and to enforce Our rights and remedies including enforcement of this Policy, Terms of Use, Trading Policy or KYC-AML Policy.

Sharing and Disclosure of Information

We may share or disclose Your information (including Personal Information and Non Personal Information) to third parties (including any foreign third parties and Our group entities and affiliates, including the CoinSwitch Platform Provider) for the purposes mentioned under Section 2 above. We may also share Your information including Your usage information and technical information with Bitkuber (with a permission to Bitkuber to share with its third parties) to correct or update the CoinSwitch Platform and to keep the CoinSwitch Platform and Bitcipher Service safe and secure for You and other users.

You further understand and acknowledge that Our ultimate parent / holding company is situated in Singapore, and therefore, You agree that, in order for our ultimate holding company to comply with its applicable laws, We may need to share and it may need to store, process, or disclose Your User Information in its jurisdiction or with other jurisdictions as they may be obliged to.

In the event the LLP or its holding company or its ultimate holding company is merged with or acquired by another entity whether in India or in any other country, or in case of reorganization or restructuring of business, We or Our affiliates may share or transfer Your Personal Information, wholly or in part, with another business entity whether in India or anywhere in the world. We may also transfer or assign Your information in the course of corporate divestitures, mergers, or to protect the rights, property, or safety of Us, Our Users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may share Your information with third parties including third party service providers/agents/partners, CoinSwitch Platform Provider etc. including third party Crypto exchanges / Crypto brokers / Crypto custody service providers where We place Your buy / sell / trade / transfer instructions, and in such an event, We will reasonably ensure that the third parties’ use of Your information will be bound, among other things, with obligation to protect the confidentiality of Your information in accordance with applicable laws. We and such third parties may store information in locations outside the direct control of the LLP (for instance, on servers or databases co-located with hosting providers) and Your use of the Bitcipher Services shall constitute consent for the same.

We understand that Your information is important to You, and We will reasonably ensure to bind the service providers/agents/affiliates/third parties, whether Indian or foreign, that We share Your information with, with the same level of protection as required under applicable laws.

We may disclose Your information, to any member of Our related or group companies including but not limited to, Our affiliates, and Your use of the Bitcipher Services and other services being offered by Our related or Our group companies including but not limited to, Our affiliates, shall constitute consent for the same.

We may disclose Your information in order to comply with any order or request from any government, law enforcement, regulatory, investigative, judicial, quasi-judicial, administrative and/or a statutory authority whether in India or anywhere in the world, or in order to enforce Our rights and remedies under applicable laws including enforcement of Our Terms of Use, Trading Policy, this Privacy Policy, KYC-AML Policy, or to protect or safeguard Our Bitcipher Services, Our Users, or Our infrastructure. As the Userof the CoinSwitch Platform where We provide Bitcipher Services, We may, pursuant to the requirements under this section or to support the parties identified herein be required to comply with similar legal obligations, to provide Your data and information with the operator of CoinSwitch Platform or one or more TPSPs and/or other third party service providers on the CoinSwitch Platform, and therefore, You permit us to share the required data and information to the operator of the CoinSwitch Platform and to the relevant TPSP and other third party service providers providing their product and services on CoinSwitch Platform, and that by this consent to Us, You also consent for sharing Your data and information to the TPSPs and other third party service providers and a further consent to them to share such data and information under their legal obligations.

We may also share Your data and information with Bitkuber, other TPSPs, and other third party service providers on the CoinSwitch Platform when we discover or are informed or get a knowledge that You are in breach or alleged breach of various terms of the Bitcipher Services or any applicable laws, and Bitkuber, such TPSPs or third party service providers on the CoinSwitch Platform may take certain actions, including suspension or termination of Your relationship with them.

Storage, Security and Disclosure of Information

We use commercially reasonable safeguards as mandatorily required under the applicable laws that apply to Us to preserve the integrity and security of Your Personal Information and data against loss, theft, unauthorized access, disclosure, reproduction, use or amendment. Having said that, We cannot guarantee the safety, security and integrity of Your data or information and that is at Your own sole risk.

All information You provide to Us is generally stored on Our or Our third parties’ secure servers within India. We may also store / move / export Your data, Personal Information and/or Non-Personal Information on Our or Our third parties’ servers outside India, if required at Our discretion but in compliance with applicable laws. You hereby consent to Your data being used, processed or stored outside India as well. Under those circumstances, the governments, courts, law enforcement, or regulatory agencies of that country or those countries may be able to obtain access to Your data, Personal Information and/or Non-Personal Information through foreign laws. You need to be aware that the privacy standards of those countries may be different than those of India or the jurisdiction in which You may reside.

In an event if You wish to withdraw Your consent, You can write to Us at support@crypto.coinswitch.co , provided withdrawing Your consent for collection and usage of information will affect the services being provided to You by Us in the manner as described herein under this Privacy Policy.

By submitting Your information to Us, You agree to the handling of Your information by the LLP in a manner as stated under the Terms of Use, Trading Policy, this Policy and the KYC-AML Policy.

We assume no liability for any disclosure of information due to errors in transmission, unauthorized third-party access or other acts of third parties, or acts or omissions beyond Our reasonable control and You agree that You will not hold Us responsible for any breach of security unless such breach has been caused as a direct result of Our gross negligence or wilful default.

In using the Bitcipher Services, You accept the inherent security implications of data transmission over the internet and the world wide web and over any blockchain network or protocol (including smart contracts) cannot always be guaranteed as completely secure. Therefore, Your use of the Bitcipher Services will be at Your own risk.

Contacting You

You will be able to see the Bitcipher Services offered by Us and Our related or group companies including but not limited to, Our affiliates such as the CoinSwitch Platform Provider. You may have interest or intention of availing such Bitcipher Services or other services or a general query with respect to the services offered by Us or relevant third parties. Accordingly, You may contact Us. By contacting Us in anyway and by providing Us Your phone number and contact details and other details, You thereby give Us the unequivocal right to:

Contact You through various mediums, including but not limited to phone calls, emails, etc. or make a phone call to You to discuss Your query or request;
Contact You through phone or message notwithstanding the fact that You may have registered under the Telecom Regulatory Authority of India regulations as a fully blocked or a partially blocked customer. It is further clarified that We shall only make solicited phone calls or messages;
Share the contact details provided by You with the service provider or agent or representative available who may be in a position to sufficiently answer or respond to Your query, including but not limited to third party service providers.

We understand that Your contact details are important to You, and We shall bind the service providers/agents/affiliates/third parties, whether Indian or foreign, that We share Your contact details with, with the same level of protection as required under the applicable laws. Also see Our Terms of Use on Our Communications with You.

If You want to unsubscribe from receiving emails from Us, please follow the “Unsubscribe” instructions.

Access/Updates of Information

You may choose not to provide identifiable information to Us, in which case You may not be allowed to access all or certain features / parts of the Bitcipher Services. If You are a registered User, You may update, edit or correct Your User’s Bitcipher Account information and email preferences at any time by logging in to Your User’s Bitcipher Account. If You believe that any of Your information held by Us is inaccurate, You may write to Our Grievance Officer (“GO”) as detailed under Section 11. Your request will be acknowledged, responded and/or redressed within a reasonable period of time but no longer than the timelines that may be prescribed under any applicable laws. It is Your responsibility to ensure that any information You provide Us remains accurate and updated.

Links to Third Party Sites

The Bitcipher Services may contain links to and from the CoinSwitch Platform or services of Our partner networks, affiliates, service providers, and other third parties. The inclusion of a link does not imply any endorsement by Us of the third party platform or services, the platform or service provider, or the information on the third party platform. If You follow a link to any of these platforms or services, please note that these platforms or services may be governed by their own terms of use and/or privacy policies and We disclaim all responsibility or liability with respect to these policies or the platforms / services. Please check these policies and the terms of the platforms or services before You submit any information to these platforms / services or otherwise use these platforms / services.

Additional clauses, Restrictions and Liabilities

The Blockchains: Due to the inherent transparency of many blockchains, transactions that individuals broadcast via any blockchain may be publicly accessible. This includes, but is not limited to, Your public sending address, the public address of the receiver, the amount sent or received, and any other data a User has chosen to include in a given transaction. Information stored on a blockchain may be public, immutable, and difficult or even impossible to remove or delete. Transactions and addresses may reveal information about the User’s identity and information can potentially be correlated now or in the future by any party who chooses to do so, including law enforcement. Users are encouraged to review how privacy and transparency on the blockchain works.
We are not liable for any recommendations posted by any third party.
We may use and/or share the transaction data or history, Your fiat currency related activities and balances, and Your Crypto related transactions, activities, and balances for any purposes in accordance with the applicable laws, Terms of Use, this Privacy Policy, and KYC-AML Policy.

Severability and Exclusion

We have taken every effort to ensure that this Privacy Policy adheres with the applicable laws. The invalidity or unenforceability of any part of this Privacy Policy shall not prejudice or affect the validity or enforceability of the remainder of this Privacy Policy. This Privacy Policy does not apply to any information other than the information processed by the LLP for Bitcipher Services. This Policy shall be inapplicable to any unsolicited information You provide Us directly or through any other means or through public channels. This includes, but is not limited to, information posted in any public areas of the Bitcipher Services platform. All unsolicited information shall be deemed to be non-confidential and the LLP shall be free to use and/ or disclose such unsolicited information without any limitations.

Changes to the Policy

We may update this Privacy Policy from time to time with or without any notice to You. We encourage You to periodically review the Policy for the latest information on Our privacy practices.

Contact & Grievance Officer

Please address Your grievances, feedback or questions, without limitation, with respect to the collection, processing, usage, disclosure, security of Your information in writing to Our grievance officer.

Name: Mr. Ramakrishna M

Designation: Grievance Officer

Contact information: support@crypto.coinswitch.co

To, Grievance Officer,

Re: Privacy Policy, Bitcipher.

Awfis, 6th Floor, Valence Block, Prestige Tech Park, Marathahalli Ring Road, Outer Ring Road, Bengaluru – 560103, Karnataka, India