Welcome to Gilded’s privacy notice.
This privacy notice, which we will refer to as the “Notice”, is addressed to prospective natural person clients, corporate clients (where legally required), and the natural person representatives of corporate clients (such as beneficial owners, directors and other office holders) (“you”). It explains how and why your personal data will be used, namely for the purposes of the provision of the Services, and for how long it will usually be retained.
Please also use the Glossary to understand the meaning of some of the terms used in this Notice. You can go straight to specific sections of the Notice by clicking on the headings shown immediately below.
- IMPORTANT INFORMATION AND WHO WE ARE
- THE DATA WE COLLECT ABOUT YOU
- HOW YOUR PERSONAL DATA IS COLLECTED
- HOW WE USE YOUR PERSONAL DATA
- DISCLOSURES OF YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- DATA RETENTION
- YOUR LEGAL RIGHTS
Important Information and Who We Are
1.1 Purpose of This Privacy Notice
You have chosen to become a Gilded customer in order to benefit from Gilded’s terms and services for some or all of the following: purchasing, storing, sending, delivering, lending, financing and selling gold, and other services that we might offer from time to time (the “Services”). The Services are designed for access across the internet, using Gilded’s applications and website.
This Notice provides you with information about how we collect and further process your personal data in connection with the Services.
Any data that relates to you, or from which you can be identified, is known as “personal data”. It does not include data where the identity has been removed (anonymous data). It can be factual, such as a name, email address, location or date of birth, or an opinion about a person’s actions or behaviour.
The legal person that determines the purpose for which your data is processed and how it is processed is called the data controller or ‘controller’.
Gilded is a brand and trading name that is used in this Notice to refer to the overall business operated by a number of related entities. The parent entity to these related entities is Digital Swiss Gold (Cayman) Limited. The related entities include, but are not limited to, Gilded (USA) LLC, DSG – Digital Swiss Gold (Jersey) Limited and Gilded DMCC (the parent and related entities are collectively referred to as “Gilded”, “we”, “us” or “our” in this Notice). At varying times, some or all of the related entities may act as a controller and be responsible for your personal data.
“Processing” includes any operation or set of operations performed on personal data (e.g. collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure and destruction).
We respect your privacy and we are committed to protecting your personal data. This Notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
If you have any data protection questions, including any requests to exercise your legal rights, please contact us using the details set out below.
1.3 Contact Details
If you have any questions about this Notice or our privacy practices, please contact our Group Data Protection Officer at firstname.lastname@example.org.
You have the right to make a complaint in relation to data protection issues at any time to the data protection authority with jurisdiction in relation to the Gilded entity that controls your data. We would, however, appreciate the chance to deal with your concerns before you approach any supervisory authority so please contact us in the first instance.
1.4 Changes to This Privacy Notice
We will post any material changes that we may make to this Notice in the future on our website and, where appropriate, we will notify you of the change by email.
The Data We May Collect About You
2.1 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identifying information: e.g. name(s), preferred name(s), date of birth, age, profile information you create such as usernames and passwords, and sub-account number(s).
Contact information: e.g. postal address, telephone number, email address.
Due Diligence information: e.g. personal data contained within: corporate client structure details; incorporation papers and other formation documents; source of funds and wealth information; proof of identity and address documents; details regarding officers, authorised personnel; signatories; owners; and govenance and other organisational information.
Financial information: e.g. bank details.
Services information: e.g. personal data contained within information relating to the administration of the Services, such as gold purchases, sales, storage and transfers.
Usage information: e.g. information related to your use of our systems and services including: location data (we may utilise GPS technology to determine your current location); preferences information; details of your use of the Gilded apps (and any additional apps we may develop); your visits to the Gilded apps and website (and any additional websites we may develop) including but not limited to traffic data, cookies (discussed more fully below) and other communication data and the resources that you access.
Device and content information: e.g. information related to the type of computer, tablet, mobile phone or other device that you use (and unique device identifiers such as your IP address, your device’s IMEI number, the MAC address of the device’s wireless network interface, and the mobile phone number, network and operating system used by the device); and content information stored on your device related to our service including login information, photos, videos or other digital content and check-ins.
Marketing and Communications information: e.g. your preferences in receving marketing from us and our third parties and your communication preferences.
Special category data e.g. criminal records data .
2.2 Special category data
As part of the data collected and stored, we may also use “special categories” of more sensitive personal data. For the purposes of the Services, this is data relating to a natural person’s criminal record or alleged criminal activity. Special category data requires higher levels of protection.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
We do not need your consent if we use special category data in accordance with our written policy to carry out our legal obligations. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
2.3 Automated decision-making
Automated decision-making takes place when an electronic system uses personal data to make a decision without human intervention. We are allowed to use automated decision-making in limited circumstances. If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
2.5 If You Fail to Provide or Update Personal Data
If when requested you fail to provide certain data necessary for the purposes of the Services or fail to adjust your preferences, we may be unable to complete or continue to provide the Services to you.
How Your Personal Data is Collected
3.1 Direct collection: general
Typically, we collect data from you directly. For example when you: access the Gilded website; become a customer and create your account; place a gold order (or potentially other products or services); make contact with us (including making a complaint); enter a promotion or referral program; complete a survey we send to you; provide a product or service review; register to receive information about our competitions, products, services and offers.
3.2 Direct collection: cookies
3.3 Collection by third parties: general
We may sometimes collect your data (eg Identifying Information and special category data) from various vendors that we contract with to provide us with support services related to payments, identity verification, KYC/AML, fraud detection and other similar services. These vendors have their own terms and conditions, privacy policies and cookie policies. Where they act as a controller of your data they may contact you directly to advise you separately regarding their data processing practices. Please contact us for further information regarding our data-processing or data-controlling vendors.
3.4 Collection by third parties: cookies
When you visit the Gilded apps and our website you may notice some content that isn’t related to us. If you visit a page that contains content which is embedded from other organisations, such as YouTube, Google, Facebook and others, you may be sent cookies from these organisations. We do not control these cookies and we would suggest that you visit these organisations’ websites to view information about their cookies and how they are used.
We do have relationships with select suppliers who may also set cookies during your visit to be used for marketing purposes, such as showing you our services and products if the supplier believes you may be interested in them.
If you share our content with friends through social networks such as Facebook, Instagram, LinkedIn and Twitter, you may be sent cookies from these platforms. We do not control the setting of these cookies, so we suggest you check these third-party websites for more information about their cookies and how to manage them.
How We Use Your Personal Data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where it is necessary for compliance with a legal obligation to which we are subject. For example, to conduct ‘Know Your Client’ or ‘Anti-Money Laundering’ checks.
Where it is necessary for us to perform the contract to which you are a party or for taking pre-contract steps at your request, including as needed for us to provide the Services to you.
Where you consent to the processing for specific purposes.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example, to obtain feedback on our Services, to better understand you as a customer, to operate a promotion or referral program designed to reward existing customers and bring in new customers, to operate competitions, to notify you regarding our products, services, offers and news.
4.2 Legitimate Interests
We have a legitimate business interest (and in some cases a legal obligation) to process personal data in order to better know our customers. To do this we may combine the data that we collect directly from you (from your interactions with Gilded) with data that we obtain from third parties. We also have a legitimate business interest, for example, to help ensure that we provide products and services that are most relevant to the interests of our customers, to keep customers informed, and to ensure that the information that we send to them via email, text messages (SMS), WhatsApp, other electronic means, posted mail, phone or otherwise (sometimes, collectively) is relevant to their interests. To opt-out of profiling and personalised direct marketing, update your contact preferences. You are able to opt out, and update your personal data, at any time by contacting us at email@example.com.
Where we rely upon your consent as a legal basis for processing your personal data you have the right to withdraw consent at any time by contacting us.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
4.4 Purposes For Which We Will Use Your Personal Data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing|
|Background checks||Identifying information, Contact information, Due Diligence information||Legal obligation|
|General client on-boarding||Identifying information, Contact information, Due Diligence information, special category data||Legal obligation, Contract, Consent|
|Record-keeping relating to the Services||Identifying information, Contact information, Due Diligence information, Financial information||Legal obligation, Contract, Consent|
|Our risk management and risk-controlling practices||Identifying information, Contact information, Due Diligence information||Legal obligation, Contract, Legitimate interests|
|Prevention, detection and investigation of (potential) fraud and/or other criminal activity||Identifying information, Contact information, Due Diligence information, Usage information, Device and Content information||Legal obligation, Legitimate interests|
|Investigation of and response to complaints about us, and to help maintain service quality and train staff to deal with complaints and disputes.||Identifying information, Contact information, Services information||Legitimate interests|
|To administer and protect our business, websites and apps (to include troubleshooting, data analytics, testing system maintenance, support, reporting and hosting of data)||Identifying information, Contact information, Usage information, Device and Content information||Legitimate interests|
|To enable you to participate in a promotion, competition or prize draw||Identifying information, Contact information, Services information, Usage information, Device and Content information, Marketing and Communications information||Legitimate interests|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||Identifying information, Contact information, Services information, Usage information, Device and Content information, Marketing and Communications information||Legitimate interests|
|To deliver relevant website content and advertisements to you and measure and understand the effectiveness of the advertising we serve to you||Identifying information, Contact information, Usage Information, Device and Content information, Marketing and Communications information||Legitimate interests|
|To engage with and utilize third-party service providers as needed to provide the Services to you, and to operate and comply with our legal obligations, including lawyers, administrators, consulting firms and accountants.||Identifying Information, Contact Information and Usage Information||Contract, Legal obligation, Legitimate interests|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
As summarised above, we may use your personal data for this purpose; to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. You will receive marketing communications from us if you have requested information from us or purchased Services and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party data controllers for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time [by: logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences; by following the opt-out links on any marketing message sent to you; by contacting us or them at any time].
4.6 Change of Purpose
We will only use your personal data for the purposes for which we collected 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 data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of Your Personal Data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4.4 above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We share your personal data with Internal Third Parties. In certain circumstance, this will involve transferring your data to territories that have been deemed to provide an adequate level of protection for personal data (e.g. Jersey and the United Kingdom).
Certain Internal and External Third Parties are based in countries not covered by a European Commission ‘adequacy’ decision (e.g. India, the United States of America and the Abu Dhabi Global Market). Whenever we transfer your personal data to these Internal and External Parties, we ensure a similar degree of protection is afforded and endeavour at all times to implement and apply appropriate safeguards for the transfer and onward processing. In addition to an assessment of the relevant risks in connection with the proposed transfer, one of the following lawful mechanisms will be implemented: standard contractual clauses; approved certification mechanisms; or approved codes of conducts.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9.1 For How Long Will You Use My Personal Data?
We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Generally, our retention period is five years after the year in which the data was originally received.
After this period, we will securely destroy your personal information in accordance with our data retention policy. In some circumstances we may anonymise your data so that it can no longer be associated with you, in which case we may use such information without further notice to you. In some circumstances you can ask us to delete your data: see immediately below for further information.
Your Legal Rights
9.1 You may have rights in relation to your personal data under applicable data protection laws in force in certain territories. Please click on the links below to find out more about some of the rights that may apply:
If you wish to exercise any of the rights set out above, please contact us at firstname.lastname@example.org.
9.2 No Fee Usually Required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
9.3 What We May Need From You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
9.4 Time Limit To Respond
We try to respond to all legitimate requests within four weeks. Occasionally it may take us longer than four weeks 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.
10.1 Lawful Basis
Legitimate Interest means the interest of our business in conducting and managing our business. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
10.2 Third Parties
- Internal Third Parties: other companies in Gilded’s group.
- External Third Parties
- Credit referencing agencies
- Parties to whom we delegate functions (eg vault operators, administrators, registrars, distributors and/or other service providers)
- Third-party service providers, such as lawyers, consulting firms and accountants
- Parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Notice.
10.3 Your Legal Rights
You may have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that 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 data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data 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 data. 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 services to you. We will advise you if this is the case at the time you withdraw your consent.