Privacy Policy

This Privacy Policy constitutes a part of Gain Terms of Use (the "TOU"). The terms used in this Privacy Policy shall have the same meanings as in the TOU except as otherwise provided herein.

This Privacy Policy explains how Gain collects, uses, processes, discloses, shares, transfers, and protects personal information obtained through Gain platforms (“Platforms”) and its partners. The terms “we”, “us”, and “our” refer to Gain. When we ask for certain personal information from users, it is because we are required by applicable laws or government orders to collect such information or it is relevant for our specified purposes.

Please carefully read the full content of this Privacy Policy. When visiting our Platforms, regardless of whether or not you register for or log in the Gain Services, you acknowledge, understand, and consent to all articles described in this Privacy Policy. We will not use your personal information for any purpose not covered in this Privacy Policy or the TOU, without prior notification to you and your consent.

The latest Privacy Policy has incorporated elements from the General Data Protection Regulation (GDPR) as we act in accordance with its personal information processing rules within the European Economic Area (EEA), as well as elements from other international privacy data regulations. Gain’s objective is to protect all information about it’s Users and allow them to feel safe when they share their data and when they use our Platforms.

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1. INFORMATION WE COLLECT

The followings are the types of information we collect when you register for and use Gain Services:

1.1 Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Platforms ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address (with replaced last byte), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

1.2 Information You Provide to Us When Registering

When you create an Account on our Platforms, you provide us with your email address, name, date of birth, nationality, country code, gender, signature, home address, password, and other information to help us identify you (“Identification Information”). You can also choose to add a phone number for SMS or Google Authenticator account for Two-Factor Authentication to improve account security.

1.3 Information We Collect to Comply with Regulatory Policies

To comply with global industry regulatory standards, local industry regulatory standards, and government orders in different aspects such as Anti-Money Laundering (AML), Know-Your-Client (KYC), and Counter-Terrorist Financing (CTF), Gain is sometimes required to collect personal information in addition to Identification Information, such as identity documents (including passport, driver's license, national identity card, state ID card, tax ID number, passport number, driver's license details, national identity card details, visa information, etc.), proof of address, source of fund declaration, purposes of fund documents, and source of wealth (“Regulation Information”). We will explain to you the content and requirements of such personal information each time we collect information and we reserve the right to change the content and requirements of the collected information as the global industry regulatory standards, local regulatory standards or government orders change. This provision applies to both personal and institutional Gain Accounts.

1.4 Information We Collect as You Use Gain Services

A. Service Usage Information
Through your access to and use of Gain Services, we may monitor and collect tracking information related to usage including, but not limited to, your phone number, access date and time, device type and device identification, operating system and hardware setting, browser type, and information derived from SIM card, network operator, IP address, GPS, base station and WLAN (“Service Usage Information”). This information may be directly obtained by Gain or through third-party service providers. The collection of Service Usage Information helps our systems to ensure that our interface is accessible for users across all platforms and can aid during criminal investigations.
B. Transaction Information
For all personal and institutional user accounts, we may collect transaction information as you use our services, including but not limited to deposit snapshots, account balances, trade history (such as transaction initiation, payment method, price, quantity, time, withdrawal and authorization information), order activity, and distribution history (“Transaction Information”). We collect such transaction information to monitor suspicious trading activity for user fraud protection, legal case resolution, and any other purposes disclosed in this Privacy Policy.

‍C. Communication Information
You agree that, for the purposes disclosed in this Privacy Policy, we are entitled to collect and use the information contained in or related to the communication that you send to us or generated through your use of our services (“Communication Information”), which includes:
i. all messages, requests or other information you send in the course of your contact with Gain;
ii. all communications and file attachments in connection with your transactions with other users or other data generated primarily through your communications with them.

‍D. Financial Information
You agree that, for the purposes disclosed in this Privacy Policy, we are entitled to collect and use the information contained in or related to your financial information when you use Gain Services, including without limitation, bank account information, payment card primary account number (PAN), transaction history, trading data, and/or tax identification. We collect such financial information to monitor suspicious financial activity for user fraud protection, legal case resolution, and any other purposes disclosed in this Privacy Policy. We reinforce the fact that such information will never be used for fraudulent purposes and will never be shared to unauthorized third parties. 


2. HOW WE COLLECT INFORMATION

2.1 Information We Automatically Collect
Most of the personal information that we collect is directly provided by you. In the following situations, we will collect and process information about you in an automatic wat:
a. where you register for, log in or visit Gain, or use any service of Gain;
b. where you voluntarily complete any user survey or provide feedback to us via email or any other channel;
c. where you use cookies of the browser or software in visiting or using our Platforms;
d. other situations where we may automatically collect your information as mentioned in this Privacy Policy or our TOU. 


‍2.2 Information Collected from Third-party Sources
We may collect information about you from third-party sources, including but not limited to, the following channels:
a. public databases, credit bureaus and ID verification partners;
b. blockchain data;
c. marketing partners and resellers;
d. advertising partners and analytics providers. 


‍2.3 Anonymized and Aggregated Data
Anonymization is a data processing technique that removes or modifies personal information so that it cannot be associated with a specific individual. Except for this section, none of the other provisions of this Privacy Policy applies to anonymized or aggregated personal data (i.e. information about our Users that we combine together so that it no longer identifies or references an individual User).
We may use anonymized or aggregate customer data for any business purpose, including to better understand Users’ needs and behaviors, improve our products and services, conduct business intelligence and marketing, and detect security threats. We may perform our own analytics on anonymized data or enable analytics provided by third parties. 


3. HOW WE USE THE INFORMATION WE COLLECT

We use the information we collect about you for the following purposes and/or in the following ways:

3.1 To Provide and Maintain Gain Services
We use the information collected to deliver, maintain and provide better Services (including but not limited to processing transactions) and verify Users’ identities.
We use the IP address and unique identifiers stored in your device’s cookies to help us authenticate your identity and activities and provide Gain Services. Given our legal obligations and system requirements, we cannot provide you with all or some of Gain Services without data like Identification Information, Supervision Information, Service Usage Information, Communication Information, and Transaction Information. If you want to know more about our use of Cookies, you can refer to our Cookies Policy. 


‍3.2 To Protect Our Users
a. We use the information collected to protect our platforms, Users’ accounts, and archives.
b. We use IP addresses and cookies to protect against automated abuse such as spam, phishing, and Distributed Denial of Service (DDoS) attacks.
c. We analyze trading activities with the goal of detecting suspicious behaviors as early as possible to prevent potential fraud and loss of funds to bad actors.

‍3.3 To Comply with Legal and Regulatory Requirements
With respect to the privacy and security of personal information, we will use the information in compliance with our legal obligations, government requests, and reasonable user-generated inquiries. In cases where it is strictly necessary, such as to protect the vital interests of the Users or other natural persons, to fulfill the purpose of public interest, to pursue our reasonable interests (but never to damage the interests of the Users), we may process your personal information without your consent. Except for the situations stated in this Privacy Policy or the TOU, we will not disclose or provide any of your personal information to third parties without a review from our legal team and prior consent from the User.

‍3.4 For Measurement, Research and Development Purposes
We actively measure and analyze data to understand the way you use and interact with Gain Services. This review activity is conducted by our operation teams to continually improve our Platforms’ performance and to resolve issues with the user experience. In addition, we use such information to customize, measure, and improve Gain Services and the content and layout of our websites and apps, and to develop new services.
We continuously monitor activity information within our systems and our communications with users to look for and quickly fix problems.

‍3.5 To Communicate with You
We use personal information collected, like your phone number or email address to interact with you directly when providing customer support on a ticket or to keep you informed on logins, transactions, account security and other aspects. Without collecting and processing your personal information for confirming each communication, we will not be able to respond to your submitted requests, questions, and inquiries. All direct communications are properly kept at Gain or the service provider designated by Gain, to be reviewed for accuracy, to be kept as evidence, or to be used to perform other statutory or contractual obligations.

‍3.6 To Enforce Our TOU and Other Agreements
The collected information is also used to continually and actively enforce our TOU and other agreements with our Users, including but not limited to reviewing, investigating, and preventing any potentially prohibited or illegal activities that may violate the foregoing provisions, or disclose the relevant information to a third party in accordance therewith.
Gain reserves the right to suspend or terminate provision of any of our Services to any User found to be engaged in activities that violate our TOU and other agreements with our Users.

‍3.7 For Marketing and Advertising
We may share your personal information with our marketing partners for the purposes of targeting, modeling, and/or analytics as well as marketing and advertising.

‍3.8 For Any Other Purpose
We may disclose your personal information for any other purpose you consent to or that is understood as part of the purposes already stated.



4. MARKETING

a. If we think you may like specific Gain Services or products and services of our related partners, we hope to keep you informed about such products or services.

b. You have the right to ask us at any time to stop contacting you for marketing purposes or to send relevant information to you. If you do not want to be contacted for marketing purposes in the future, please click on the unsubscribe link in the bottom of the marketing email and submit your request to unsubscribe.

5. HOW WE STORE AND PROTECT USER DATA

Gain has kept your personal information safe using fault-tolerant secured storage with industry standard encryption and implemented a number of security measures to ensure that your information is not lost, abused, or altered, including, but not limited to:

5.1 Physical Measures
Materials containing your personal information will be stored in a locked place.

‍5.2 Electronic Measures
Computer data containing your personal information will be stored in the computer systems and storage media that are subject to strict log-in restrictions.

‍5.3 Management Measures
Only authorized employees are permitted to come into contact with your personal information and such employees must comply with our internal confidentiality rules for personal data. We have also imposed strict physical access controls to buildings and files. Gain will never share your personal information with any unauthorized third party.

‍5.4 Technical Measures
Encryption technology such may be used to transmit and store your personal information. We use various currently available general security technologies and supporting management systems to minimize the risks that your information may be disclosed, damaged, misused, accessed without authorization, disclosed without authorization, or altered.

Please note that it is impossible to guarantee 100% security of information. As such, we request that you understand the responsibility to independently take safety precautions to protect your own personal information. You agree that we shall not be liable for any information leakage and other losses not caused by our intention or gross negligence, including but not limited to hacker attack, power interruption, or unavoidable technical failure, to the maximum extent permitted by law.

If you suspect that your personal information has been compromised, especially account and/or password information, please lock your Account and immediately contact our Support team at hi[at]gain.ai.
Unless otherwise stipulated by law or the TOU, you agree that we have the right but not the obligation to retain all the collected personal information for the duration of your Account and for 3 more years after the account is closed. If you want your information to be completely deleted from our databases, you have the right to erasure, and should contact us at hi[at]gain.ai, in order to process your request. Please note that certain conditions must be met in order to access this option. 


6. TRANSFERS OF PERSONAL INFORMATION

You understand that we have the right to have all or some of the collected personal information transferred to or stored in other countries or regions than your country of nationality, your country of residence, or the country where the server is, without your specific consent, under the following circumstances:

6.1 if it is necessary to protect, process, analyze, reasonably use the personal information;
6.2 if it is necessary to enforce the TOU and other agreements with our Users;
6.3 if it is necessary for the public interest;
6.4 if it is necessary to establish, exercise or defend the rights of us, our partners, or other Users;
6.5 other circumstances required by law or government orders.

7. DATA PROTECTION RIGHTS THAT YOU ENJOY

We hope to ensure that you are fully aware of the data protection rights that you enjoy. Unless otherwise required by law or government orders, each User has the following rights:

7.1 Right of Access
You have the right to access or obtain copies of your personal information. We may charge a reasonable fee for providing the access service.

‍7.2 Right to Rectification
You have the right to correct your personal information that you deem inaccurate. You also have the right to ask us to complete the personal information that you deem incomplete within a reasonable limit.‍

7.3 Right to Erasure (Right to be Forgotten)
You have the right to request the erasure of your personal data under certain circumstances.

‍7.4 Right to Restriction of Processing
Under certain circumstances as required by law or as specifically reminded by us, you have the right to request us to restrict the processing of your personal information; however, you understand that such restriction of the processing may prevent us from providing you with some of our Services.

‍7.5 Right to Object
Under certain circumstances as required by Law or as specifically reminded by us, you have the right to object to the processing of your personal information; however, you understand that such objection of the processing may prevent us from providing you with some of our Services.

‍7.6 Right to Data Portability
Under certain circumstances as required by Law or as specifically reminded by us, you have the right to request us to transmit the personal information that we collect to another body, or directly to you. We may charge a reasonable fee for providing the transmission service.



8. CHANGES TO THIS PRIVACY POLICY

From time to time, Gain may revise this Privacy Policy to reflect changes in Law or our personal-data collection, processing, and use practices. Changes to this Privacy Policy will be announced by posting on our Platforms and/or by a direct communication from us to you. You shall regularly review the Privacy Policy and pay attention to its revisions. If you do not agree with the revised content, you shall stop using our Platforms immediately. When an updated version of the Privacy Policy is released, your continued access to the Platforms means that you agree to the updated content and agree to abide by the updated Privacy Policy.

9. CONTACT US

We are committed to respecting the freedoms and rights of all our Users. Should have any questions or concerns regarding this Privacy Policy, or if you would like to file a data protection request, please contact our Support team at hi[at]gain.ai.