Please see the list of all legal agreements for translations.
Welcome! Thanks for visiting Gemini, a digital asset platform. Use of the words “Gemini,” “we,” “us,” or “our” refers to Gemini Payments Europe Limited (GPEL) (company registration number 669681), whose registered office is at 70 Sir John Rogerson's Quay, Dublin 2, Dublin, Ireland and Gemini Intergalactic Europe Limited (GIEL) (company registration number 698251), whose registered office is at 70 Sir John Rogerson's Quay, Dublin 2, Dublin, Ireland, who are together the joint controllers of your personal data. This Privacy Policy is presented to you by GPEL, and explains what personal data (as defined below) we collect, why we collect it and how we process (as defined below) it in the course of providing access to this website, providing use of the Gemini app, providing GPEL’s e-money services and providing GIEL’s digital asset services.
Your privacy matters to us so whether you are new to Gemini or a long-time customer, please do take the time to get to know and familiarize yourself with our policies and practices. Feel free to print and keep a copy of this Privacy Policy, but please understand that we reserve the right to change any of our policies and practices at any time. But don’t worry, you can always find the latest version of this Privacy Policy here on this page.
1. The Personal Data We Collect and Process
As used in this notice, “personal data” means any information relating to a living individual who can be identified directly from that information or indirectly in conjunction with other information which we may hold or have access to. “Processing’’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
A. Personal Data We Collect From You
We may collect the following categories of personal data directly from you:
Identification Information: such as your name, email, phone number, postal address, government identification numbers (which may include Personal Public Service Number or equivalent, driver’s license number, passport number) and government-issued identity documents;
Commercial Information: such as trading activity, order activity, deposits, withdrawals, account balances;
Financial Information: such as bank account information, bank identifier code;
Correspondence Information: such as information that you provide to us in correspondence, including account opening and customer support;
Sensory Information: such as images collected for identity verification, audio recordings left on answering machines;
Employment Information: such as job title, source of wealth; and
Technical Information: such as your IP address, domain name, hardware, operating system, browser, system activity, internal and external information related to Gemini pages that you visit, clickstream information and geolocation data.
B. Personal Data We Collect Otherwise Than Directly From You
We may collect the following categories of personal data about you from third parties:
Identification Information: such as your name, email, phone number, or postal address, where you are, or are engaged by, a potential institutional client;
Financial Information: such as bank account information, bank identifier code (from Plaid);
Transaction Information: such as public blockchain data (bitcoin, ether, and otherDigital Assets are not truly anonymous). We, and any others who can match your public Digital Asset address to other personal data about you, may be able to identify you from a blockchain transaction because, in some circumstances, personal data published on a blockchain (such as your Digital Asset address and IP address) can be correlated with personal data that we and others may have. Furthermore, by using data analysis techniques on a given blockchain, it may be possible to identify other personal data about you); and
Additional Information: such additional information as may be deemed necessary by our Compliance Team to comply with our legal obligations. This could include, for example, information which we may need to collect in order to meet our obligations to verify your identity and assess the risks of money laundering and/or terrorist financing under the Criminal Justice Act 2010 (as amended).
We may also verify the following personal data through third party providers, such as providers that can verify the authenticity of an ID document or in relation to addressing the risks of money laundering and/or terrorist financing (in accordance with the the Criminal Justice Act 2010 (as amended)):
Identification Information: such as your name, email, phone number, postal address, government identification numbers (which may include Personal Public Service Number or equivalent, driver’s license number, passport number).
C. Personal Data Created About You
We may create Personal Data about you, such as records of your interaction with us or our services and details of your accounts, subject to applicable law.
Personal Data you provide during the registration process may be retained, even if your registration is left incomplete or abandoned.
2. How We Process Your Personal Data
The categories of personal data we process, the purposes for which we process it, and the legal bases on which we may perform such processing are as follows:
| Categories of Personal Data | Processing Purpose | Legal Basis for Processing |
|---|
- Identification Information
- Financial Information
- Sensory Information
- Correspondence Information
- Technical Information
- Transaction Information
- Additional Information
| Customer onboarding & verification: required for regulatory compliance, including but not limited to ‘Know Your Customer’ and anti-money laundering checks; identity verification; screening against sanctions lists. |
- The processing is necessary for compliance with a legal obligation.
- The processing is necessary in connection with any contract that you may enter into with us, or to take steps prior to entering into a contract with us.
- We have a legitimate interest in carrying out the processing for the purposes of preventing money laundering, sanctions violations and for fraud protection (to the extent that such legitimate interests are not overridden by your interests or fundamental rights and freedoms).
|
- Identification Information
- Commercial Information
- Financial Information
- Correspondence Information
- Sensory Information
- Employment Information
- Technical Information
- Transaction Information
| Provision of our services to you pursuant to the terms of our User Agreement; performance of tasks necessary for the provision of the requested services; communicating with you in relation to those services. |
- The processing is necessary for compliance with a legal obligation.
- The processing is necessary in connection with any contract that you may enter into with us, or to take steps prior to entering into a contract with us.
- We have a legitimate interest in carrying out the processing for the purpose of providing services to you (to the extent that such legitimate interest is not overridden by your interests or fundamental rights and freedoms).
- We have obtained your prior consent to the processing (this legal basis is only used in relation to processing that is voluntary).
|
- Identification Information
- Commercial Information
- Correspondence Information
| Marketing: communicating with you via any means (including via email, telephone, text message, social media or post) subject to ensuring that such communications are provided to you in compliance with applicable law; and maintaining and updating your contact information where appropriate. |
- We have a legitimate interest in carrying out the processing for the purpose of marketing (to the extent that such legitimate interest is not overridden by your interests or fundamental rights and freedoms).
- We have obtained your prior consent to the processing (this legal basis is only used in relation to processing that is voluntary).
|
- Identification Information
- Commercial Information
- Technical Information
- Transaction Information
| Protection of the security and integrity of our services and systems. |
- The processing is necessary for compliance with a legal obligation.
- The processing is necessary in connection with any contract that you may enter into with us, or to take steps prior to entering into a contract with us.
- We have a legitimate interest in carrying out the processing for the purpose of ensuring the security of our services and systems (to the extent that such legitimate interest is not overridden by your interests or fundamental rights and freedoms).
|
- Identification Information
- Commercial Information
- Correspondence Information
- Transaction Information
- Financial Information
| Business development; finance. | The processing is necessary in connection with any contract that you may enter into with us, or to take steps prior to entering into a contract with us; or We have a legitimate interest in carrying out the processing for the purpose of managing and operating our business (to the extent that such legitimate interest is not overridden by your interests or fundamental rights and freedoms); or We have obtained your prior consent to the processing (this legal basis is only used in relation to processing that is voluntary). |
- Identification Information
- Commercial Information
- Financial Information
- Correspondence Information
- Sensory Information
- Employment Information
- Technical Information
- Transaction Information
- Additional Information
| Establishing, exercising and defending our legal rights. | The processing is necessary for compliance with legal obligations. We have a legitimate interest in carrying out the processing for the purpose of establishing, exercising or defending our legal rights (to the extent that such legitimate interests are not overridden by your interests or fundamental rights and freedoms). |
- Commercial Information
- Financial Information
- Correspondence Information
- Sensory Information
- Technical Information
- Transaction Information
| Optimize and enhance services: identifying issues with existing products and services; planning improvements to existing products and services; and creating new products and services. | The processing is necessary in connection with any contract that you may enter into with us, or to take steps prior to entering into a contract with us. We have a legitimate interest in carrying out the processing for the purpose of improving our products or services (to the extent that such legitimate interest is not overridden by your interests or fundamental rights and freedoms). We have obtained your prior consent to the processing (this legal basis is only used in relation to processing that is voluntary). |
- Identification Information
- Commercial Information
- Financial Information
- Correspondence Information
- Sensory Information
- Employment Information
- Technical Information
- Transaction Information
- Additional Information
| Risk Management: audit, compliance, controls and other risk management. | The processing is necessary for compliance with a legal obligation. We have a legitimate interest in carrying out the processing for the purpose of managing risks to which our business is exposed (to the extent that such legitimate interest is not overridden by your interests or fundamental rights and freedoms). |
- Identification Information
- Commercial Information
- Financial Information
- Correspondence Information
- Sensory Information
- Employment Information
- Technical Information
- Transaction Information
- Additional Information
| Fraud prevention: detecting, preventing and investigating fraud. | The processing is necessary for compliance with a legal obligation. The processing is necessary in connection with any contract that you may enter into with us, or to take steps prior to entering into a contract with us. We have a legitimate interest in carrying out the processing for the purpose of detecting, and protecting against, fraud (to the extent that such legitimate interest is not overridden by your interests or fundamental rights and freedoms). We have obtained your prior consent to the processing (this legal basis is only used in relation to processing that is voluntary). |
Automated decision-making
We may engage in automated decision-making for the purposes of detecting and preventing fraud, money-laundering and/or terrorist financing. All decisions are ultimately subject to manual review, but certain transactions, or your account, may be temporarily frozen (automatically) by our automated monitoring systems pending this manual review. This may mean that you cannot use your account and/or access certain funds until the decision has been manually reviewed.
Our automated monitoring systems will only effect such a decision where suspicious activity is detected.
3. Who We May Share Your Personal Data With
We will not share your personal data with third parties, except as described below:
Service Providers. We may share your personal data with third-party service providers (“processors”) that will process personal data on our behalf for business purposes. Your personal data may be shared so that they can provide us with services, including identity verification, fraud detection and prevention, security threat detection, payment processing, customer support, data analytics, Information Technology, advertising, marketing, data processing, network infrastructure, storage, transaction monitoring, and tax reporting. We share your personal data with these processors only so that they can provide us with services, and we prohibit our processors from using or disclosing your personal data for any other purpose. If we engage a processor to process your personal data, we will subject the processor to binding contractual obligations to: (i) only process the personal data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the personal data; together with any additional requirements under applicable law.
Affiliates. We may share your personal data with our affiliates, for the purposes outlined above, and as it is necessary to provide you with our services. For example, AML documentation collected by one affiliate may be shared with other affiliates.
Law Enforcement. We may be compelled to share your personal data with law enforcement, government officials, and regulators.
Corporate Transactions. We may disclose personal data in the event of a proposed or consummated merger, acquisition, reorganization, asset sale, or similar corporate transaction, or in the event of a bankruptcy or dissolution.
Professional Advisors. We may share your personal data with our professional advisors, including legal, accounting, or other consulting services for purposes of audits or to comply with our legal obligations.
Consent. We may share or disclose your personal data with your consent.
International Transfers of Personal Data
Gemini operates internationally and many of our systems are based in our affiliates in the United States. Therefore, we may need to transfer your personal data to our affiliates or third parties to fulfill the purposes described herein. When we transfer your personal data outside of the European Economic Area, to a third country which has not been determined by the European Commission to provide an adequate level of protection of personal data (such as the USA), we ensure appropriate safeguards are implemented. Specifically, we have the European Commission approved Standard Contractual Clauses (SCCs) in place with entities who process our data located outside the European Union.
4. Cookies
When you access Gemini, we may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (herein, “Cookies”) on your computer or other devices used to visit Gemini. We use Cookies to help us recognize you as a customer, collect information about your use of Gemini to better customize our services and content for you, and collect information about your computer or other access devices to: (i) ensure compliance with our anti-money laundering (“AML”) program (ii) ensure that your account security has not been compromised by detecting irregular, suspicious, or potentially fraudulent account activities; (iii) assess and improve our services and advertising campaigns.
You also can learn more about cookies by visitinghttps://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note that if you reject cookies, you will not be able to use some or all of Gemini. If you do not consent to the placing of Cookies on your device, please do not visit, access, or use Gemini. 5. Direct Marketing
Subject to applicable laws and regulations, we may from time to time send direct marketing materials promoting services, products, facilities, or activities to you using information collected from or about you. You may opt-out of such communications at any time by visiting the Exchange tab of your Account Settings page. You may also opt-out of such communications by following the directions provided in any marketing communication. It is our policy to not provide your personal data to third parties for their own direct marketing purposes without your consent.
No security is foolproof, and the internet is an insecure medium. We cannot guarantee absolute security, but we work hard to protect Gemini and you from unauthorized access to or unauthorized alteration, disclosure, or destruction of personal data we collect and store. Measures we take include encryption of the Gemini website communications with SSL; required two-factor authentication for all sessions; periodic review of our personal data collection, storage, and processing practices; and restricted access to your personal data on a need-to-know basis for our employees, contractors and agents who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
7. Data Retention
We take reasonable and practicable steps to ensure your personal data is not kept longer than is necessary for the fulfillment of the purpose for which it is to be processed.
We will retain copies of your personal data in a form that permits identification so long as we maintain an ongoing relationship with you (e.g., your use our services), or your personal data are necessary in connection with the lawful purposes set out in this Policy, for which we have a valid legal basis.
In addition, applicable law or pending legal claims may require us to retain certain types of information for a certain time period. We will retain your information for the duration of the applicable time period and for additional periods as necessary. During the periods noted in this paragraph, we will restrict our processing of your personal data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law. Once the applicable time periods for retention of your personal data have concluded, we will either: permanently delete or destroy the relevant personal data or anonymise the relevant personal data.
8. Legal Rights
You have the following rights under applicable law, subject to certain exceptions, with respect to your personal data:
Right of Access. You may request a copy of the Personal Data that we process about you.
Right to Rectification. You may ask us to correct any inaccurate or incomplete personal data.
Right to Erasure. You may submit a request that Gemini delete the personal data that we have about you in certain circumstances, for example where it is no longer necessary for us to process it.
Right to Restriction of Processing. You have the right to restrict or object to our processing of your personal data under certain circumstances.
Right to Object. You have the right to object to your personal data being processed on the basis of our legitimate interests (or those of a third party). We will cease processing your personal data, unless the processing is based on compelling legitimate grounds or is needed for the exercise or defence of legal claims. Where we use your personal data for direct marketing purposes, you can always object and opt out of future marketing messages using the unsubscribe link in such communications.
Right to Data Portability. You have the right to receive the personal data you have provided to us in an electronic format and to transmit that personal data to another data controller.
Right to Withdraw Consent. In the event that we request and receive your consent to process your personal data for a specific purpose, you have the right to withdraw your consent at any time. Your withdrawal of consent will not affect the lawfulness of our processing based on consent before its withdrawal.
You also have the right to lodge a complaint with the Office of the Data Protection Commission (DPC) at any time. Contact details of the DPC are available here. You may exercise these rights in relation to either or both of GPEL and GIEL by contacting us via the means set out under the next heading. GPEL will manage the response to your request.
When handling requests to exercise your privacy rights, we check the identity of the requesting party to ensure that he or she is the person legally entitled to make such a request. While we maintain a policy to respond to these requests free of charge, should your request be repetitive or unduly onerous, we reserve the right to charge you a reasonable fee for compliance with your request.
If you have questions or concerns regarding this policy or our processing of your personal data, or if you wish to request to exercise your rights as a data subject, please feel free to email us at: privacy@gemini.com; or write to us at: Gemini Payments Europe Limited, 2 Dublin Landings, North Wall Quay, North Dock, Dublin 1. Your questions or concerns will be directed to the appropriate controller entity, but GPEL will be the primary point of contact with responsibility for corresponding with you.
You may also contact our Data Protection Officer in relation to the processing of your personal data by emailing DPO@gemini.com. If you are a European Union resident and you believe that we have not adequately resolved any such issues, you have the right to contact your local data protection supervisory authority.
