Portal Privacy Policy

Effective: 2 September 2024

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us or collected by us when using the Portal services. This Privacy Policy is incorporated into and governed by certain terms and conditions when you use the Services, as defined therein, including the Portal Wallet Terms of Service and Portal Pay Terms of Service. In this Privacy Policy, “we” or “us” means Portal (BVI) Ltd.

1. Controller

We are the data controller of all personal information you provide to us when using the Services. “Personal information”, as used in this Privacy Policy, means information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable, and includes anything defined as personal information, personal data under the European Union General Data Protection Regulation, personally identifiable information or similar terms under applicable law.  

1. Updates to this Privacy Policy

We may update this Privacy Policy from time to time. If we make material, major changes, then we’ll let you know via communications to you. If you do not agree with our changes, do not continue to use the Services. Your continued use of our Services following the posting of changes to this Privacy Policy and the conclusion of any legally required notice period means you accept those changes. 

We can be contacted at [email protected]

1. How we collect personal information

We collect personal information in a variety of ways, including:

Directly:

• Voluntarily: We collect personal information which you directly provide to us, including when you sign up and use the Services.

• Automatically: We may collect personal information which you indirectly provide to us while interacting with us, such as in emails, over the telephone and in your online enquiries.

• Via Third Parties: In some circumstances where a third party service provider and/or data processor (e.g. an analytics provider) collects personal information from you on our behalf, this may also be considered a direct collection of personal information by us. 

Indirectly:

• From Third Parties: We may collect personal information from third parties not working on our behalf, such as cookie providers or marketing providers. 

• From Publicly Available Sources of Information: We may collect personal information from publicly available sources, such as information from social media accounts and profiles, where relevant to your interactions with us, or to our business relationship with you.

1. Personal information

The types of personal information we may collect about you include:

• your name;

• your contact details, including email address and phone number;

• your public blockchain wallet address and associated data, such as the cryptoassets held in that wallet;

• your credit card or payment details (through any third party payment process or similar)

• your preferences and/or opinions;

• information you provide to us through customer surveys or similar;

• details of products and services we have provided to you and/or that you have enquired about, and our response to you, including any support requests and bug reports;

• your game progression data, such as your save games and your achievements in any game;

• your age;

• your trading data;

• your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behavior, your IP address and demographic information;

• your connections with others whose personal information we may collect or hold;

• information about your access and use of the Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;

• additional personal information that you provide to us, directly or indirectly, by submitting forms or through your use of the Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information;

• publicly available information from social media accounts, posts and profiles, where relevant to your interactions with us, or to our business relationship with you;

• device information, such as mobile device type, mobile number, third party applications, and device specifications; and

• any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties. 

1. Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

• account creation and management;

• to enable you to access and use the Services, associated applications, and associated social media platforms, and to personalize and customize your experiences using the Services;

• to enable you to perform transactions on or via the Services;

• to enable you to communicate with other users;

• to contact you and communicate with you about the Services;

• for internal record-keeping, administrative purposes, invoicing and billing purposes;

• to compare information for accuracy and verification purposes, including (where relevant to the Services) verifying your identity based on information you have provided to us;

• to carry out appropriate administration in relation to our investors or to communicate to corporate regulators;

• for analytics, market research and business development, including to operate and improve the Services, associated applications and associated social media platforms;

• to run promotions, competitions, and/or offer additional benefits to you, and to measure the effectiveness of those activities;

• for advertising and marketing, including to send you promotional information about our products and services and information about third parties and their products and services that we consider may be of interest to you;

• to investigate, review, and mitigate risks associated with, and to inform you or appropriate authorities of, any data or other security breach involving your personal information; 

• to comply with our legal obligations and to resolve any disputes we may have;

• to identity, prevent, and respond to fraud and abuse, and otherwise protect our users, our property and our rights;

• to record any telephone calls which may be used for training and quality assurance purposes; and

• if otherwise notified to you at the time of collection, or in accordance with any agreement you enter into with us. 

We may aggregate personal information for reporting, statistical and analysis purposes, and for business, product and service improvement purposes. This allows us to better inform ourselves and anticipate our users’ preferences and requirements, and to monitor and improve the effectiveness of our business, products and services. We may also de-identify your personal information for inclusion in such aggregated databases or reports.  

1. Purposes for which we will use your personal information – UK and EU residents

We use your personal information for the purposes and legal bases identified below. Note that we may process the same personal information for more than one lawful ground of processing depending on the specific purpose for which we are using your data. 

Purpose

Legal Basis

Account creation and management

Necessary for performance of contract

To enable you to access and use the Services, associated applications and associated social media platforms, and to personalize and customize your experiences when using the Services

Necessary for performance of contract

To enable you to perform transactions via the Services

Necessary for performance of contract

To enable you to communicate with other users

Necessary for performance of contract

To contact and communicate with you about the Services

Legitimate interest to promote the Services

For internal record-keeping and administrative purposes

Necessary for compliance with applicable law

For invoicing and billing purposes

Necessary for performance of contract

To compare information for accuracy and verification purposes, including (where relevant to the Services) verifying your identity based on information you have provided to us 

Legitimate interest to identify our users and secure the Services

To carry our appropriate administration in relation to our investors and to communicate with corporate regulators

Legitimate interest to communicate with investors and comply with corporate legal obligations

For analytics, market research and business development, including to operate and improve the Services, associated applications and associated social media platforms

Legitimate interest to improve the Services

To run promotions, competitions and/or offer additional benefits to you, and to measure the effectiveness of those activities

Legitimate interest to promote the Services

For advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you

Legitimate interest to promote the Services

To investigate, review, mitigate risks associated with, and to inform you or appropriate authorities of, any data or other security breach involving your personal information 

Necessary for compliance with applicable law

1. Disclosure of personal information to third parties

We may disclose personal information to:

• third party service providers for the purpose of enabling them to provide their services to us, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance of problem-solving providers, marketing and advertising providers, professional advisors and payment system operators;

• third parties who integrate the Services into their own products and services, and who may in doing so use your personal information for their own purposes independently of us in circumstances where we are not responsible for the independent use of your personal information by third parties;

• our employees, contractors and/or related entities (including sharing personal information between companies within our group for use and disclosure as described in this Privacy Policy in relation to any Services provided to you);

• government agencies or identity verification service providers, who in turn may access third party databases, documents issuers, official record holders, DVS and other sources in order to perform identity verification services;

• merchants and the recipients of digital assets to identity you as the sender of the assets and to a party who sends you digital assets in connection with a transfer to you of digital assets;

• our existing or potential agents or business partners;

• sponsors or promoters of any promotions or competition we run;

• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred; 

• debt collection agencies, courts, tribunals and regulatory authorities;

• courts, tribunals, regulatory authorities and law enforcement agencies, as required and authorized by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

• third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Panama;

• third parties to collect and process data to provide services to us, such as Google Analytics or other relevant businesses; and

• any other third parties as required or permitted by law. 

Overseas disclosure: Where we disclose your personal information to third parties listed above, or where their or our computer systems (including IT services and website hosts) are located overseas, your personal information may be stored, transferred or accessed by third parties or by us outside of Australia, the EU and the UK.

Where we remain responsible for the protection of your personal information, we will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to GDPR principles, or we will take such steps as are reasonable in the circumstances to protect your personal information in accordance with GDPR principles. Where another party with their own relationship with you has collected and uses your personal information for their own purposes or as an independent controller, we are not in control of and will not be responsible for their actions and decisions with respect to your personal information, including whether they disclose it to third parties in countries that do not have substantially similar protection of your personal information as GDPR regulations. 

When transferring your personal information out of the European Economic Area (“EEA”) or the UK, we will use any relevant contractual agreement approved by the competent authorities as a basis for the transfer (e.g. the standard contractual clauses for transfers from the EEA or the international data transfer agreement for transfers from the UK). Where these contractual agreements are not sufficient to ensure an adequate level of data protection, we will implement supplemental safeguards. 

1. Your rights, and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us; however, if you do not, it may affect our ability to provide the Service to you and/or your use of the Services.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide their personal information to us.

Anonymity: Where practicable we will give you the option of not identifying yourself or of using a pseudonym in your dealings with us.

Restrict and unsubscribe: We may communicate with you by phone, email, SMS, push notifications and other means to inform you about existing and new products and services that may be of interest to you. To object to processing of your personal information for direct marketing or to unsubscribe from our marketing database or to opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out options provided in the communication. You may decline marketing messages sent by push notifications by refusing the relevant permission in your device settings. 

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted and/or required to withhold access to your personal information. 

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, irrelevant or out of date. Please note, in some situations, we may be legally permitted to not correct your personal information.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. You also have the right to contact the relevant privacy authority.

1. Storage and security

We will take reasonable steps to ensure that the personal information we collect is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your personal information and protect it from misuse, interference, loss and unauthorized access, modification and disclosure. 

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that the personal information we collect will not be accessed or disclosed in a manner that is inconsistent with this Privacy Policy.

1. Cookies, Google Analytics and web beacons

We may use cookies while providing the Services from time to time. Cookies are text files placed in your browser to store preferences. Cookies, by themselves, do not tell us your email address or other personal information. However, they do recognize you when you return to the Services and allow third parties, such as Google, to cause advertisements to appear on your online feeds as part of our targeting campaigns. If and when you choose to provide personal information via the Services, this information may be linked to the data stored in cookies, and this information could potentially be used to identify you. It may be possible for us to identify you from information collected automatically from your use of the Services. For example, we will be able to identify you through your username and password when you log into the Services. Further, if you access the Services via links in an email we have sent you, we will be able to identify you. 

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Services. 

We may use beacons on our websites from time to time. Web beacons are small pieces of code placed on a web page to monitor the visitor’s behavior and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a webpage or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see the Google Privacy Partners page. If you do not want your website visit data reported by Google Analytics, you can install the Google Analytics opt-out browser add-on. For more details installing and uninstalling the add-on, please visit the Google Analytics opt-out page here. 

1. Links to other websites

The Services may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy. 

1. Appendix 1: additional information for individuals located in the EU or UK

Under GDPR, individuals located in the EU or UK have certain additional rights which apply to their personal information. Personal information under GDPR is often referred to as personal data, and is defined as information relating to an identified or identifiable natural person. This appendix sets out the additional rights related to users of the Services located in the EU and UK, including how we process personal information lawfully, transparently and fairly. 

1. 12.1.Relevant personal information

This appendix applies to the personal information set out in the Privacy Policy above. This includes any sensitive information also listed in the Privacy Policy above which is known as ‘special categories of data’ under GDPR.

1. 12.2.Our commitment to you

Your personal information will:

• be processed lawfully, fairly and in a transparent manner;

• only be collected for the specific purposes we have identified in the ‘collection and use of personal information’ section above, and personal information will not be further processed in a manner that is incompatible with the purposes we have identified;

• be collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal information is processed;

• be kept up to date, where it is possible and within our control to do so;

• be kept in a form which permits us to identity you, but only for so long as necessary for the purposes for which the personal information was collected; and

• be processed securely and in a way that protects against unauthorized or unlawful processing and against accidental loss, destruction and damage. 

1. 12.3.How we process personal information

We will only use you personal information where the law permits us to do so. Most commonly, we will use your personal information in the following circumstances:

• where we need to perform the contract we are about to enter into or have entered into with you;

• where it is necessary for our legitimate interests (or those of a third party), and your interests and rights do not override those interests; and

• where we need to comply with a legal obligation. 

Generally, we do not rely on consent as a legal basis for processing your personal information, although we will get your consent before sending third party direct marketing communications to you.

You have the right to withdraw your consent to marketing communications at any time by contacting us or by clicking on the unsubscribe link in each marketing email you receive from us. 

We will only use your personal information for the purposes for which we collect it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

If you refuse to provide us with certain personal information or if you provide us with incomplete or inaccurate information required for the performance of the contract or for compliance with a legal obligation, we may not be able to provide or deliver to you all or parts of the Services.

We only collect special categories of personal data where you have given your explicit consent, where it is necessary to protect your vital interests or those of others, or where you have deliberately made such personal data public. 

See the main section of the Privacy Policy to find out more about the types of lawful bases that we rely upon to process your personal information. 

1. 12.4.Data retention

We will only retain your personal information for as long as necessary to fulfill the purposes we collect it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means and the applicable legal requirements. 

In some circumstances you can ask us to delete your personal information. See below for further information.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for analytics, research or statistical purposes, in which case we may use this anonymized information indefinitely without further notice to you. 

1. 12.5.Data transfers

We may transfer your personal data to third parties located outside of the EEA or UK. We will provide appropriate safeguards for such transfers. 

When transferring personal data out of the EEA or UK, we will use either the standard contractual clauses as approved by the European Commission or the Information Commissioner’s Office (as applicable), or any other contractual agreement approved by the competent authorities as a basis for the transfer. 

Where those contractual agreements are not sufficient to ensure an adequate level of data protection at the recipient’s end, we will implement supplemental safeguards.

1. 12.6.Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal information. You have the right to:

• request access to your personal information (commonly known as a “data subject access request”). This enables to you receive a copy of the personal information we hold about you, and to check that we are lawfully processing it;

• request correction of the personal information we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;

• request erasure of your personal information. This enables you to ask us to delete personal information where we have no legal basis to continue processing it. You also have the right to ask us to delete your personal information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal information to comply with applicable law. Note, however, that we may not always be able to comply with your request or erasure for legal reasons which will be notified to you, if applicable, at the time of your request. 

• object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which causes you to object to processing on this ground as you feel it impacts your fundamental rights. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal information which override your rights. 

• request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:

  • if you want us to establish the data’s accuracy;

  • where our use of the data is unlawful but you do not want us to erase it;

  • where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; and

  • you have objected to our use of you personal information but we need to verify whether we have overriding legitimate grounds to use it.

• request the transfer of your personal information to you or a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

• Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. 

You will not have to pay a fee to access your personal information (or to exercise any other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request certain information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. 

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than one month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 

You also have the right to lodge a complaint with the applicable data protection authority. Please, however, provide us with an opportunity to resolve your concerns in the first instance by sending us an email to [email protected]