Privacy policy

Introduction

Last Modified: November 4, 2024

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This policy (the “Privacy Policy”) sets out the privacy practices of Newton Crypto Ltd. ("NCL") and Newton OTC Inc. (“Newton OTC” and, collectively with NCL, “we”, “us” or “our”), each of which is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44) in Canada.

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This Privacy Policy addresses how we collect, store and use your personal information related to our website ("Website") our crypto asset trading platform and corresponding iPhone (iOS), Apple Watch (WatchOS), Android, and any other applications for platforms which we may subsequently offer (the "Service"). The Website and web- or telephonic-based portion of the Service are hosted at https://newton.co and other domains or sub-domains. The iPhone and Apple Watch applications, which for part of the Service, are available for download on the Apple App Store. The Android application is available for download on the Google Play Store.

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At our discretion, we may amend this Privacy Policy at any time. Any changes will be reflected here, so we encourage you to visit this page regularly. We will also notify our registered users of updates to this Privacy Policy via email or in your account. Your continued use of our Website and Service after any amendments shall be regarded as acceptance of such amendments.

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Consent

We will only collect, use and disclose your personal information with your consent, unless otherwise permitted or required by law. Your consent may be given expressly or implied, depending on the circumstances and the sensitivity of the information. You will be asked to consent expressly to any collection of personal information about you that is particularly sensitive, such as your financial information or copies of your identity documents. In other cases, your consent is implied, such as when you respond to a customer satisfaction survey or speak with our representatives after having been notified that the call may be recorded.

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Collection of Personal and Business Information

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To establish an account with us, we collect your personal and business information including, but not limited to, your:

Full legal name;
Email address;
Phone number(s);
Business name(s) if applicable;
Mailing address;
Address associated with your bank account;
Payment and banking information, including the information provided to us via Plaid Inc. (“Plaid”), as set out below;
Identity verification documents which you upload or otherwise provide to us, including passports, government issued ID cards, bank statements and others;
IP address and location data, including geo-location data;
Website statistics and analytics data regarding your use of the Website and Service;
Other types of raw data relating to how you interact with the Website and Service, for example, your browser information and session duration;
Comments, feedback, reviews and other information you provide to us by telephone, email, text messaging services, or upload or provide to the Website or Service;
The contents of your correspondence with us; and
All other information you provide on our Website, Service or otherwise in correspondence with us.

To the extent you provide us with, or upload data that includes the personal information of another person, you represent and warrant that you have their authorization to provide us with that information.

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Use of Location Services

Our Service may use location services made available online and by iOS, WatchOS, Android and other platforms. Location services allows location-based apps and websites to use information from internet service providers, cellular, Wi-Fi, Global Positioning System (GPS) networks, and iBeacons to determine your approximate location. To learn more about the use of Location Services in iOS please click here. To learn more about the use of Location Services in Android please click here.

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We may use location services to verify you are using our Service, or, registered for our Service from within Canada. You can turn off location services on your mobile device if you are using our mobile app, and in your internet browser if you are accessing the Service via our web application.

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Device and Connection Information

We collect information about your computer, phone, tablet, or other devices you use to access the Service. This device information includes your connection type, browser, login and settings when you install, access, update, or use our Service. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience and to enhance security. How much of this information we collect depends on the type and settings of the device you use to access the Service. We collect and use this device data to enhance our security when you access the Service.

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Payment Processing Companies and Banks

As referenced in our Terms of Use, to facilitate depositing and withdrawing funds and the ordinary use of our Service, we use a third-party providers, including Plaid. Plaid uses an application programming interface (“API”) and other integration features to connect with your bank to provide us with your bank account information, including for example, the name associated with the bank account, the institution, transit and account numbers, account balance, as well as other information. This information is used to facilitate the verification of your identity and the deposit and withdrawal of funds from your bank account. Plaid may also send us your (i) account balance to ensure you have a sufficient balance in your account to withdraw funds pursuant to a request made by you; and (ii) up to six (6) months of your bank account transaction history, which we use in a small number of cases as part of our fraud prevention measures.

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By using our Website and Service, you consent to us providing your personal information to Plaid to facilitate the ordinary use of the Service. You agree that Plaid may use your personal information and data related to your account in accordance with their privacy policies, as amended from time to time. To view the Plaid privacy policy and better understand how they use your personal information, visit https://plaid.com/legal.

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In addition to Plaid, we use various financial institutions to process payments to and from your account. To do so, we may provide such financial institution with your personal information, including your name and bank account information. You acknowledge and agree that such financial institution may have their own privacy policy on how they store, collect and use personal information. You agree that we are authorized to share your personal information with them in order to facilitate the ordinary use of the Service.

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Use of Your Personal Information with Credit Reporting Agencies

We may also use your personal information to confirm your identity with Trans Union of Canada, Inc., Equifax Inc. and their related and affiliated entities (the “Credit Agencies”). To confirm your identity, we use personal information you provide us, for example, your name and date of birth, to obtain reports and information from the Credit Agencies about you. We cross reference the information obtained from the Credit Agencies about you with the information you provide us. To access your personal information on file with the Credit Agencies, for the purpose of confirming your identity and matching it with other personal information you provide to us, we may use the services of Trulioo Information Services Inc. (“Trulioo”), who in turn, may conduct the relevant searches with the Credit Agencies. If we cannot verify your identity in reference to information provided by Trulioo and the Credit Agencies, we may refuse to allow you to register for an account on our Service or remove your account access.

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The Use of Your Personal Information

The collection of your personal information may also be used to:

Facilitate the ordinary operation of the Website and Service, including providing your personal and business information to third-party service providers and payment processors;
Verify your identity and contact information;
Verify your device is an authentic Apple iOS device via the Apple DeviceCheck API (for more information see https://developer.apple.com/documentation/devicecheck);
Promote our Website and Service offerings to you in various forms of communication from one or more of our affiliates;
Provide user support and to improve the Website and Service we offer;
Communicate with you about your account or services we offer;
Bill and collect money owed to us;
Pursue available legal remedies to us and to prosecute or defend a court, arbitration or other proceeding;
Send or display informational and promotional materials from us, our affiliates, our partners or other third parties to you;
De-identify your information by removing personal identifiers such as your name, address, email address and account numbers, which information will not be used to identify individuals, but may be used for analytics and reporting, developing and improving our products and services or marketing campaigns to potential clients, and identifying trends and insights that may be of value to us and our other clients;
Expedite onboarding and/or account activation by sharing information with our affiliates where you are seeking to use the Services of one or more entities within our corporate group;
To meet legal requirements, including but not limited to, reporting to governments or government agencies to comply with any applicable laws, rules or regulations;
Seek advice from our legal and other advisors;
Enable us to offer services to you that may align with your trading style;
To enforce compliance with any terms of use or applicable law; and
Review usage and performance data, and for diagnostics and analytics purposes.

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Identify Verification Providers

As part of our measures to confirm your identity, we may also use third party identification service providers such as Persona Identities Inc. (“Persona”) and others. To learn more about Persona’s privacy practices, please visit https://withpersona.com/legal/privacy-policy. For a full list of our current identification service providers, please contact us using the details online at https://www.newton.co/support.

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For the purpose of confirming your identity, complying with rules and regulations pertaining to anti-money laundering, and preventing fraud, we may send copies of your identity documents and personal information to such third-party providers. In addition, where you have specifically requested the use of the Services of Newton OTC Inc. and have consented to sharing of information by NCL with Newton OTC Inc., we may also share copies of your identity documents, account transactional information and personal information amongst our corporate affiliates or with such third-party providers for the purpose of confirming your identity, complying with rules and regulations pertaining to combatting money-laundering, and preventing fraud.

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In some instances, we may need to speak with you via phone to validate your account information, confirm account or transactional details and your intent to register an account with us. You agree that we may use the phone number registered with your account for the above purposes. On such phone calls you must not reveal your account passwords or passphrases for our Services or any other service. Phone calls may be recorded for our own internal quality control and training purposes.

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To assist us with account and information validations we may also use third-party service providers. Such service providers may have access to your personal information, including for example, your identity documents, photos you upload to the Service and contact information. Third party service providers may also call you and email you, on our behalf, to assist us with your identification and account verification.

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Service Providers

We may transfer your personal information to our corporate affiliates and other third-party service providers who provide various services on our behalf such as identity verification, technology, administration, printing, marketing and advertising, hosting, data analysis, legal and accounting.

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Data Hosting Providers

In order to store and share personal information with Plaid, financial institutions and others in connection with this Privacy Policy, we use third party data hosting providers. If you have questions regarding our data hosting providers please contact us using the details online at https://www.newton.co/support, or, for Newton OTC Inc. clients, please contact us at otc@newton.co.

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Newton OTC Inc.

While NCL and Newton OTC are both wholly owned subsidiaries of Icons of Orbit Holdings Inc. and are both registered as money services businesses under regulations made under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), they operate separate businesses. If you are an NCL client who has opted for and consented to the sharing of your data and information with Newton OTC, your data will be shared between these two entities and updated on a periodic basis, such data to include (but not necessarily limited to) your personal and business information set out above and your transactional and account-related information.

Support Ticketing Software

We also use third party support ticketing software. We may store your personal information with such third party software providers. If you have questions regarding our third party support ticket software, please contact us using the details online at https://www.newton.co/support.

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Email Communications

We will not contact you via any email address other than those with domains ending in @newton.co. Emails from other domains purporting to be us are not authorized representatives of NCL or Newton OTC Inc. Please remain vigilant against potential scams, impersonator accounts and phishing attempts.

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Social Media

While we love staying active on social media and we may interact with you, we will never ask you to provide sensitive information (such as passwords or digital wallet addresses) or personal information through social media accounts (including through direct messages).

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IN ADDITION, WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR PERSONAL AND BUSINESS INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE, SERVICE OR OTHERWISE TO THIRD PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY CRIMINAL OR CIVIL MATTER.

IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.

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The Disclosure of Your Personal Information and Access to It

We do not sell your personal information.

However, we may share personal and business information with our employees, advisors, corporate affiliates, and partners to use that information in connection with one or more of the purposes for which that personal information was collected.

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We also operate the Website and Service in conjunction with our independent contractors. Our independent contractors may have access to your personal information in providing services to us, or, providing you with access to the Website and Service. We may use a variety of service providers, servers and employees in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws and foreign legal proceedings.

We may also disclose your personal information to our successors (if our business or the Website and Service are acquired by another legal entity) or any assignee of our assets relating to the Website and Service.

WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, ADVISORS OR AGENTS, BE LIABLE, HOWSOEVER CAUSED, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT GROSSLY NEGLIGENT IN THE PROTECTION OF SAID INFORMATION.

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Retention of Your Personal Information

We keep your personal information for as long as it is required for the purpose for which it was collected. There is no single retention period applicable to the various types of personal information collected.

If you believe that we have not adhered to this Privacy Policy or would like to request an amendment to your personal information being held by us, please contact us by e-mail at hello@newton.co. Only amendments which can be verified by us will be accepted.

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Your Rights

Subject to certain exemptions, you may have some or all of the following rights in relation to the personal information we hold about you:

Right of Access. You have the right to access the personal information we hold about you and to receive a general account of our uses of that personal information. Upon receipt of a written request from you, we will provide you with a copy of your personal information, although in certain limited circumstances, we may not be able to make all relevant personal information available to you, for example, where that personal information also relates to another individual. In such circumstances, we will, upon request, provide you with the reasons for such refusal. We will endeavour to deal with all requests for access of personal information in a timely manner.
Right to Rectification. If the personal information we hold about you is inaccurate or incomplete, you are entitled to have it rectified. Where appropriate, such amended personal information will be provided to the parties to whom we are authorized to disclose your personal information. We will endeavour to deal with all requests for rectification of personal information in a timely manner.‍
Right to Withdraw Consent. If we rely on your implicit or explicit consent as our legal basis for processing your personal information, you have the right to withdraw that consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdrew your consent or if your consent is not required. 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. We may use your information to send important notices or communications as required or permitted by law, even if you have opted out from our marketing communications.‍
Right to personal information Portability. You may have the right, in certain circumstances, to obtain personal information you have provided us with (in a structured, commonly used, and machine-readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.

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Use of Cookies

We use "cookies" to collect information about you and your activity across our site. A cookie is a small piece of data stored on your computer and accessed each time you visit our Website and Service, so we can understand how you use our Service and serve you content or save setting you have specified.

If you do not wish to accept cookies from us, you should instruct your browser to refuse cookies from our Website and Service, with the understanding that we may be unable to provide you with some of your desired service without them. This policy covers only the use of cookies between your computer and our Website and Service; it does not cover the use of cookies by any third-party advertisers.

Cookies are used to enable certain features (e.g. logging in), to track site usage (eg. analytics), to store your user settings (e.g. timezone, notification preferences and usernames), and to personalise or optimize your content.

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Types of cookies and how we use them

Cookies set by the website you are visiting are normally referred to as "first-party cookies", and typically only track your activity on that particular site. Cookies set by other sites and companies (i.e. third parties) are called "third-party cookies" and can be used to track you on other websites that use the same third-party service.

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Essential cookies

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, and payment processing. We use essential cookies to enable certain functions on our Website and Service.

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Performance cookies

Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience's overall website experience. These cookies may be set by the website you're visiting (first-party) or by third-party services. We use performance cookies on our Website and Service.

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Functionality cookies

Functionality cookies are used in collecting information about your device and any settings you may configure on the website you are visiting (like language and time zone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you're visiting (first-party) or by third-party services. We use functionality cookies for selected features on our Website and Service.

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Targeting/advertising cookies

Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you are visiting (first-party) or by third-party services. Targeting/advertising cookies set by third parties may be used to track you on other websites that use the same third-party services. We use targeting/advertising cookies on our site.

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Third-party cookies on our site

We may employ third-party companies and individuals on our websites - for example, analytics providers and content partners. We grant these third parties access to selected information to perform specific tasks on our behalf. They may also set third-party cookies in order to deliver the services they are providing. Third-party cookies can be used to track you on other websites that use the same third-party service. As we have no control over third-party cookies, they are not covered by our cookie policy. You should disable cookies if you do not wish to permit third-party cookies to track your usage.