Privacy Policy

This Privacy Policy ("Privacy Policy") governs the use and access by you, the user ("You" or "User") of the Services (as defined in the Terms of Use) offered by Kryptovate Openfi Business Solutions Private Limited, a private limited company incorporated in India ("We", "Us", "Company" or "Our", which expression shall mean and include its affiliates, successors and assigns).

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

You can also generally browse various information or content about Services and derivatives trading even without registering or placing any trading orders with Kryptovate Openfi Business Solutions Private Limited. As an unregistered user, Kryptovate Openfi Business Solutions Private Limited will still be capturing, storing, processing and sharing Your usage and other data as per its cookie policy provided in this Privacy Policy.

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

1. Information Collected

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

You voluntarily share, disclose or provide, and We collect Your Personal Information or Non-Personal Information (as hereinafter individually defined, and which terms are collectively referred to as "Information") when You use the Services and at the time of Your registration with Us, i.e. create a Kryptovate Account with Us to avail the Services. Further, You voluntarily share and We collect information from or about You during the performance of Services for You. We collect information with respect to Your name, mobile no., email, address, IP Address and zip code, Your location, device ID, device location, and other Personal Information and Non-Personal Information as set out subsequently. We collect all of the foregoing information in order to provide You the Services.

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

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

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

a. Personal Information:

"Personal Information" includes without limitation the following:

Futures Trading Information: Details of your trading activities including but not limited to:

• Open and closed positions on futures and derivatives contracts
• Order history including market orders, limit orders, stop-loss orders, and take-profit orders
• Leverage settings and margin utilization
• Profit and loss data, both realized and unrealized
• Liquidation events, margin calls, and forced closures
• Trading pairs, contract specifications, and position sizes
• Funding rate payments for perpetual contracts (where applicable)
• Risk management settings including stop-loss and take-profit parameters
• Order modification and cancellation history
• Trading performance metrics and statistics

b. Non-Personal Information:

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

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

2. Use of the Information

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

• provide and improve the Services offered to You or offer new services;
• develop, enhance, market and promote various other products and services either ourselves or from or by our affiliates, partners, group companies or other third parties;
• enable third parties, including Our affiliates, partners, and group companies, to develop, enhance, market and promote their products and services to You, and to operate such products and services;
• undertake KYC assistance, checks and verifications, transaction monitoring and such other actions as may be required under the Prevention of Money Laundering Act, 2002;
• establish and verify Your identity and, if applicable, verification of Your financial account information;
• conduct research and analysis to detect, prevent, mitigate and investigate fraudulent or illegal activities;
• analyse how the Services are used, diagnose service or technical problems, maintain security;
• help You efficiently use and access the Services;
• send You notifications, reminders, updates and newsletters;
• monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;
• for technology, product and market research and analytics purposes;
• to enable Us to comply with any legal and regulatory obligations (including monitoring, or requisition requests);
• to enable Us to proactively communicate with law enforcement agencies or any other Government or judicial body in connection with any suspicious activities;
• in accordance with Our contractual obligations with third parties, including Our affiliates;
• to enforce Our legal rights against You;
• to keep our Services and various products and services provided through Kryptovate (whether by Us or by any third-party service provider) safe and secure;
• complete know-your-customer requirements and on-boarding;
• for re-engagement in Services and related communications;
• to create one or more derivative works from Your User Information for providing or improving Services or to enable Kryptovate to provide or improve Services, or third parties to provide or improve third party services on the Services;
• to send You service information, including changes in Your Kryptovate Account settings, to Our services, policies and updates pertaining to Your orders and positions;
• to respond to any of Your inquiries, questions, and/or any other requests;
• to execute your futures and derivatives trading orders through our integrated trading platform infrastructure as per the Terms of Use;
• for any other purpose with Your consent.

2.1 Data Retention

We will use and retain Your information for such periods as necessary to comply with any applicable laws including Prevention of Money Laundering Act, 2002, Information Technology Act, 2000, Companies Act, 2013, Income Tax Act, 1961, Goods and Services Tax Act, 2017, to discharge Our legal obligations, resolve disputes, record keeping and to enforce Our rights and remedies including enforcement of this Policy, Terms of Use, Trading Policy or KYC-AML Policy.

Specifically, we retain your personal information and trading data for the following minimum periods:

• Account Information: For the duration of your active account plus 5 years after account closure
• Trading Records: Minimum 5 years from the date of transaction (as required under PMLA, 2002)
• KYC Documents: Minimum 5 years after account closure (as required by regulatory authorities and PMLA regulations)
• Financial Transactions: Minimum 7 years (as required under Income Tax Act, 1961)
• Communication Records: Minimum 3 years from date of communication

Even after account closure or relationship termination, we may retain certain data for regulatory compliance, legal obligations, dispute resolution, fraud prevention, and enforcement of our rights. We will securely delete or anonymize personal information when it is no longer required for the purposes outlined in this Policy, except where retention is mandated by applicable law.

3. Sharing and Disclosure of Information

We may share or disclose Your information (including Personal Information and Non-Personal Information) to third parties (including any foreign third parties, Our group entities and affiliates, partners, and trading platform providers) for the purposes mentioned under Section 2 above.

We may also share Your information, including Your usage information and technical information, with our trading platform infrastructure partners to ensure optimal platform performance, security, and to provide You with seamless trading services. Such partners may share certain data with their service providers as necessary for platform operations, subject to appropriate confidentiality obligations.

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

We may share Your information with third parties including service providers, agents, partners, and trading platform providers where We execute Your futures and derivatives trading orders, manage positions, and handle settlements. In such events, We will reasonably ensure that these third parties' use of Your information is bound by obligations to protect the confidentiality of Your information in accordance with applicable laws. We and such third parties may store information in locations outside Our direct control (for instance, on servers or databases co-located with hosting providers) and Your use of the Services shall constitute consent for the same.

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

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

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

We may also share Your data and information with our trading platform partners and other third-party service providers when we discover that You are in breach or alleged breach of the terms of Services or any applicable laws. Such service providers may take certain actions, including suspension or termination of Your access to their services or the Services.

3.1 Integration with Trading Platform Provider

Kryptovate uses a third-party trading platform provider as our underlying trading infrastructure for futures and derivatives execution. By using our Services, you acknowledge and agree that:

• Your trading orders are routed to and executed through our integrated trading platform infrastructure;
• Your trading data, including order history, position information, margin balances, and transaction records, will be shared with our trading platform provider for order execution, settlement, risk management, and regulatory compliance;
• Our trading platform provider may have access to your trading activities, positions, and account data as necessary for platform operations and regulatory requirements;
• Our trading platform provider's security practices and data handling policies also apply to your trading data while on their infrastructure;
• We do not control our trading platform provider's systems and are not liable for any security breaches, downtime, data loss, or service disruptions occurring on their platform beyond our reasonable control;
• Our trading platform provider is a regulated entity and maintains appropriate security measures and data protection standards;
• You are encouraged to review the privacy policy and terms of service of our trading platform provider, which can be made available upon request.

We ensure that our agreements with our trading platform provider include appropriate data protection, confidentiality obligations, and security measures to safeguard your information in accordance with applicable laws.

4. Storage, Security and Disclosure of Information

We use commercially reasonable safeguards as mandatorily required under the applicable laws that apply to Us to preserve the integrity and security of Your Personal Information and data against loss, theft, unauthorized access, disclosure, reproduction, use or amendment. We will also undertake reasonable commercial efforts to ask third parties to whom we are sharing, disclosing, transferring or assigning Your information or data, to use commercially reasonable safeguards to protect and secure Your information and data. Having said that, We cannot guarantee the safety, security and integrity of Your data or information and that is at Your own sole risk.

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

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

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

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

In using the Services, You accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, Your use of the Services will be at Your own risk.

5. Contacting You

You will be able to see the Services offered by Us including futures trading, derivatives trading, and related financial services. You may have interest or intention of availing such Services or other services or a general query with respect to the services offered by Us or relevant third parties. Accordingly, You may contact Us. By contacting Us in any way and by providing Us Your phone number and contact details and other details, You thereby give Us the unequivocal right to:

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

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

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

5.1 Risk Disclosures

• Carefully review our Risk Disclosure Statement available on our website or provided during the onboarding process;
• Understand the risks involved in leveraged trading, including the risk of losing more than your initial margin deposit and the possibility of liquidation;
• Acknowledge that you have sufficient knowledge, experience, and financial capacity to engage in futures trading;
• Understand that past performance is not indicative of future results and that trading results can vary significantly.

By using the Services, you acknowledge that you have read, understood, and accepted the risks outlined in our Risk Disclosure Statement. We strongly recommend that you do not invest funds you cannot afford to lose and that you carefully consider your financial situation, risk tolerance, and trading objectives before engaging in futures trading.

6. Access/Updates of Information

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

7. Links to Third Party Sites

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

8. Additional Clauses, Restrictions and Liabilities

8.1 Third-Party Recommendations

We are not liable for any recommendations posted by any third party.

8.2 Transaction Data Usage

We may use and/or share the transaction data or history, Your fiat currency deposits and withdrawals, and Your futures trading transactions, positions, and balances for any purposes in accordance with applicable laws, Terms of Use, this Privacy Policy, and KYC-AML Policy.

8.3 Trading Data Visibility

Your trading activities, including order history, positions, transaction records, and margin information may be visible to our trading platform provider and stored on their systems. This data may be retained for regulatory compliance, dispute resolution, audit purposes, and to ensure the security and integrity of trading operations. Such data sharing is essential for the execution of your trading orders and the provision of our Services.

9. Severability and Exclusion

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

10. Changes to the Policy

We may update this Privacy Policy from time to time with or without any notice to You. We encourage You to periodically review the Policy for the latest information on Our privacy practices. If we make material changes to this Policy, we may notify You through the Services or by sending an email to the address associated with Your account.

11. Contact & Grievance Officer

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

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