User Privacy Policy

User Privacy Notice

Overview

Company. Maxbit Digital Asset Company Limited (hereunderafter referred to as the “Company”), operating the Digital Assets Broker Platform under the name of “Maxbit” (hereunderafter referred to as the “Platform”) and other relevant services (the “Services”), intend to notify the User Privacy Notice (the “Notice”) to you to explain and elaborate: (a) the guideline that the Company has in protecting your personal data; (b) the rationale and methodologies that the Company used to process, use and disclose your personal data, including to transfer to other countries and/or to process in other manners (collectively referred to as the “Processing”) your personal data; and (c) your rights over your personal data as well as your choice to protect the personal data once you use the Services. 

You. You refer to any individual: (a) who submits the personal data to the Company via various communication channels or registers to use the Platform (including without limitation the Platform visitor); (b) whose personal data has been disclosed to the Company for the use of the Platform and/or the Services of the Company (including the legal representatives of the corporate user) and all of you shall be considered the Data Subject under this Notice. 

Acceptance of the Notice. Once you access the Platform, whether or not you registered to the Platform, the Company shall deem that you have read and understood this Notice. The Company reserves the right to amend this Notice from time to time; provided that the Company shall notify you of such amendment by disseminating the amendments via email or on the Platform and the amended Notice shall be effective upon dissemination. After the dissemination of the amended Notice, in case you visit the Platform thereafter, it shall be deemed that you have read and understood the amended Notice.

Use of the Third-Party Website. In case you visit any link that connects to the third-party website and/or platform that may be linked from the Platform, the use of your personal data by those third-party websites and/or platforms shall be subject to the separate privacy notice announced by those third-parties and the Company shall not be able to give any representation as to the process of your personal data by those third-parties. 

Personal Data to be Collected.

Sources of Data. The Company may collect your personal data from 3 main sources, directly or indirectly, as follows:

Direct Collection from You. Once you contact the Company via various communication channels (both online or offline); log in to the Platform; register to open the user account on the Platform; or use any Services that the Company provides, the Company will collect and use your personal data. In particular, in case your corporate user gives the personal data of the related persons to the Company, the Company shall deem that once the corporate user gives those personal data, such user represents to the Company that the Company shall be able to process the personal data of those related persons in accordance with this Notice;

Automatic Collection by the System. Once You visit or log in to the Platform, the Company’s system will collect your personal data automatically; and 

Indirect Collection from Other Sources. The Company may collect or use the personal data from other legitimate sources of any third party, the Company’s business partner, social media, or other public data sources.

Personal Data Company Processing: Once you use the Platform and/or Services, the Company would need to collect the following personal data for the performance of the legal or contractual obligations and for the exercise of the legitimate rights the Company may have with you:

 

Types of Personal Data	Description and Examples
Online identifier	Data of the device that You use to collect to the Platform, for instance, IP address or Mac address, cookies, device ID, connection data, search history, Platform access history, query time, time zone, location data, type and version of the plug-in browser, operating system and platform as well as other technology information on the devices that you use to connect.  This online identifier also refers to the username and password for Platform use and login.
Personally Identifiable Information	Personal data that help the Company to assess and verify your qualifications to use the Platform, including without limitation, full name, contact information (e.g., telephone number and email), place of birth, date of birth, nationality, legal status, details of the identification card (including ID number, laser code number at the back of the card, date of issuance and expiration and the image of such card), address in the identification card, current address, education information, occupation, professional position and source of income.  This includes other information that the Company shall be obliged under the applicable laws (including without limitation the Anti-Money Laundering Law, relevant laws of the regulators – for instance, Securities and Exchange Commission of Thailand) to collect those identifiable data or You.
Sensitive Personal Data	Facial recognition comparison that You are required to submit to the Company for the comparison with the biometric information that You give in the identification document (e.g., identification card or passport).
Contact Information	Current address, residential address, telephone number, email, and social media account
Qualification Information	Education and work information, suitability test result, cryptocurrency knowledge test result, risk acceptance level as assessed by the Company’s system, and the Anti-Money Laundering risk that the Company is obliged under the relevant laws to collect and use for the determination of whether or not to accept you as the user (including without limitation KYC, CDD, FATCA, and other risk information).
Financial Information	Bank account information, source of income and proof of income (including without limitation proof of the salary), and information relating to the proof of the deposit or payment of cash or digital assets, in particular, information as verified by the financial institutions and the digital assets wallet provider.
Transactional Information	User Account information, User ID, Log-in information, electronic signature, and any other transactional information that You have undertaken on the Platform (including without limitation deposit-withdrawal information, exchange information that you have undertaken via the Platform or via other communication channels the Company has defined) as well as other transaction histories.
Other Personal Data	Information relating to the queries, questions, and complaints that You may contact the Company, your interest or preference that you have registered or notified the Company through the questionnaire.

 

Cookies. Once You visit the Platform, the Company will use and collect the performance information of the Services using Cookies which are the small information transmitted to your browser and stored on a hard drive of your computer. You can study the details regarding our use of Cookies below. 

 

Purpose of the Personal Data Processing

The Company will process your personal data for the following purposes and relying on the following lawful basis:

Performance of the Contractual Obligations that the Company has to perform the duties and responsibilities that You can request the Company to do so or that the Company represents to undertake pursuant to the terms and conditions of the Platform Terms of Use, including without limitation, to pursue the following purposes:

(a)    To respond to your request in case you request any information relating to the Platform and/or the Services via any communication channels, including questions, queries, complaints, disputes, and grievances; to report the solution back to you; and to document the relevant documentation that you may refer to, including for the determination of the refund or the compensation that you may request to the Company; 

(b)    To identify and connect you who undertakes any transaction on the Platform in accordance with the Platform terms of services and to provide the Services via the Company’s Platform, including without limitation to coordinate and provide support in processing the transactions that you undertake via the Platform, including to place order, settlement, and delivery according to the order; and

(c)    To provide other Services; to perform other contractual obligations as defined under the agreements that You may request to the Company; or to determine your qualifications to participate in the event that the Company hosts and you participate in.

Performance of the Legal Obligations that the Company has under the applicable laws and regulations, including without limitation, to pursue the following purposes:

(a)    To proceed with the identity verification via the know-your-customer process and/or the status verification (including the assessment of the Anti-Money Laundering risk and investment suitability test) that the Company is obliged under the Anti-Money Laundering law, the Digital Assets laws, and other subordinated regulations, prior to the acceptance of You as the customer;

(b)    To monitor and report the cash and digital assets transaction as well as the suspicious transactions to the Anti-Money Laundering Office and the Securities and Exchange Commission of Thailand;

(c)    To undertake the accounting and tax documentation that the Company is obliged under the relevant tax and accounting laws;

(d)    To perform other legal obligations prescribed under the applicable laws, subordinated regulations, orders, judgments, or other administrative orders of any government authorities.

Protection of the Legitimate Interests of the Company; provided that the Company shall ensure not to cause excessive impact on your freedom and rights, including without limitation, to pursue the following purposes:

(a)    To collect the statistics for the use of the Platform for the purpose of data analysis for the improvement of the Platform and Services efficiency, in particular, to match your interest; to classify all of the Company’s customers and to improve the general experiences of the Platform;

(b)    To monitor and inspect any fraud, illegal or suspicious transaction, or Qualification Information undertaken via the Platform in accordance with the risk management framework that the Company established; in response to reasonable requests or contractual obligations with the Company's service providers;

(c)    To manage the complaint of other legal proceedings that You may bring against the Company or that the Company may take against You;

(d)    To protect the information security of the IT system; to monitor any circumstances to prevent and report criminal offenses; to protect the safety and legality of the business operation of the Company; and to administer and report the internal policies implementation within the scope of the Company’s operation;

(e) To notify results and verify the progress of projects and activities that you are interested in participating in, which includes but is not limited to disclosing participants' information to other participants, such as an Introducing Broker Agent Consent that You may give to the Company for the specific purposes, including the following purposes:

(a)    To process the biometric information, in  particular, facial recognition, that is categorized as sensitive personal data, for the identity verification purpose that the Company is obliged under the applicable laws; provided that in case You do not give consent to the Company to process those personal data, the Company is obliged under the applicable laws to reject you from being registered as the customer;

(b)    To contact you and to notify the products or services of the Company or the Company’s affiliates that may match your interest, in particular, to keep you posted on all the latest updates that match you at all times. 

Results in case You do not permit the Company to process the Personal Data. In case You refuse to give your personal data to process for all the purposes as defined under this Notice, You may not be able to use some parts of the Services and/or Platform and in some circumstances, the Company may not be able to accept the registration of your user account or accept you as the customer to use the Services and/or Platform.

Retention Period of the Personal Data

The Company will collect and retain your personal data for so long as the Company has the lawful basis to process those data as defined in this Notice (in particular throughout the time you are the user of the Platform and/or Services) and for the purpose of protecting the legitimate interest of the Company, the Company shall collect your personal data throughout the maximum legal prescription period of 10 years after the transaction date. In addition, in case the Company has the legal obligation to retain your personal data for a longer period of time, the Company shall retain those personal data throughout the time prescribed under the applicable laws. 

Disclosure of Personal Data

In general, your personal data processed by the Company shall be kept in confidence yet the Company may need to disclose the personal data to the following persons: 

To the service providers of the Company engaged to provide Services to You, including without limitation the IT service providers, database service provider providing identity and qualification verification, destination exchange, custodian provider, commercial bank, external auditor, and other consultants of the Company being engaged to provide support to Company’s business operation under the conditions that the Company represent to only disclose your personal data to those service providers only to the extent necessary and under the data processing agreement to be entered into between the Company and the service provider; 

To third parties engaged in the Company’s reorganization, including merger and acquisition, joint venture, assets or shares acquisition, either in whole or in part, (including the third parties being engaged to administer the bankruptcy and other similar proceedings); provided that the Company will only disclose the personal data on the necessary basis under the data processing agreement to be entered into between the Company and the relevant third parties;

To governmental authorities that the Company may need to disclose and/or share your personal data with the government authorities, supervisory authorities, court, government officer, or law enforcement officer in accordance with the applicable laws, court judgment, and government order, in particular, the regulators, in particular, Anti-Money Laundering Office and Securities and Exchange Commission of Thailand

To other activity participants for which the Company may need to disclose your personal data to such persons for the specific purpose of verifying your rights and/or the rights of other participating individuals as mentioned. This may include, but is not limited to, disclosing information to Introducing Broker Agents who have recommended you to use the Company's Services. The Company may need to disclose your personal data to such persons for the purpose of reporting the performance to the Introducing Broker Agents. This disclosure of personal data will be conducted only as necessary, within the scope of the Introducing Broker Agent’s duties only; and

With explicit consent from you, the Company may disclose your personal data to any person that you have identified and notified the Company of and/or the Company may disclose your personal data to the Company’s affiliates to contact you and do marketing.

Cross-border Transfer of Personal Data In sharing and disclosing your personal data to any related persons to achieve the purposes as defined above, the Company may need to disclose and share your personal data with third-party outside of Thailand; provided that the Company shall only disclose the personal data to ensure the performance of the terms and conditions entered into between the Company and any third party for your benefit and in strict compliance with the applicable laws only. The Company shall also implement the appropriate information security of the personal data that will be disclosed and shared that shall meet the standard defined under the applicable laws. In case the destination country does not have an information security standard that is equivalent to the standard defined by the Personal Data Protection Commission of Thailand, the Company shall undertake any necessary steps to protect the personal data that will be shared outside of Thailand to ensure the protection of those data shall meet the same standard the Company employs to protect your personal data and the standard prescribed under the applicable laws.

Information Security of the Personal Data

The Company gives the highest importance to your personal data security; therefore, the Company shall implement and review the most updated physical and technical measures to ensure personal data security when processing your personal data. The Company defines the policy and internal measure to give you the assurance that your personal data will not be unauthorized lost, destroyed, used, or disclosed in particular by persons that is not an employee of the Company, and the employee shall be regularly trained on how the Company will protect your personal data pursuant to the Company’s policy.

Your Data Subject Rights

The Company respects your rights relating to your personal data controlled by the Company and you shall be entitled to exercise the following rights relating to your personal data pursuant to the framework defined under the applicable laws: (1) right to withdraw consent; (2) right to request for access and copy of the personal data; (3) right to rectify any personal data; (4) right to request for data portability in case any personal data is stored in the electronic and machine-readable form; (5) right to object to any personal data processing; (6) right to delete or de-identify any personal data once those data are not needed; (7) right to suspend any personal data processing; and (8) right to complain.

You can contact the Company relating to this Notice or contact to exercise any rights that you have on your personal data and the Company will notify you of our determination within the reasonable period of time defined under the applicable laws.

Use of Cookies

The Company would need to use Cookies to operate several sections of this platform in order to ensure the service provisions and to facilitate your use of the platform. The Company commits to only use Cookies as necessary and to adhere to the most appropriate information security standards in accordance with applicable laws. The Company will not disclose the cookies information to any third party, except for certain types of Cookies that may be operated by an external service provider. 

Types and purposes for which the Company utilizes Cookies. The Company would use different types of Cookies for different purposes which are classified into 4 types as follows:

Strictly Necessary Cookies, which are the cookies that are required for the Platform to provide its services to the user;

Functionality Cookies, which are the cookies that record choices the user has made or set on the Platform, e.g., a user account, language, font, and how to present personalized information to the user based on selected setting;

Performance Cookies, which are the cookies that assess the performance in any section of the Platform; provided that it should be noted that this type of cookies may be operated by the external service provider; and

Advertising Cookies, which are the cookies used to offer relevant products or services that suit the user’s preferences; provided that it should be noted that this type of cookies may be operated by the external service provider. 

For any cookies, other than the Strictly Necessary Cookies, with your consent, the Company will only use those Cookies for a limited purpose as defined.

Cookie Settings and Rejection

You can choose to reject the use of Cookies by configuring your browser settings or privacy settings to prevent the collection of Cookies in the future (you can learn more about Cookie settings and rejection at AboutCookies.org).

However, some services on the Platform may require the use of Cookies. If you reject the use of Cookies by configuring your browser or privacy settings, it may result in inconvenience when accessing the Platform and limit your functionality on the Platform.Top of FormBottom of Form

Software Development Kit (SDK) 

For the purpose of fraud prevention, user safety, and compliance the dedicated application safety SDK needs to send the following anonymous diagnostic data off the device for detection of security issues. Thus the application collects the following data:

Application info and performance - Information about the integrity of the application and the operating system. For example, rooting, running in an emulator, hooking framework usage, etc.

Device or other identifiers - Information that relates to an individual device. For example, a device model and anonymous identifier to control that app instance executed on the original device that it was initially installed on. It is needed to combat threats like bots and API abuse.

Contact Information

In case there is any query or clarification required, please contact Maxbit Digital Asset Co., Ltd. located at 90 CW Tower 31^st Fl. Unit A3101-3102, Ratchadapisek Rd, Huai Khwang Sub-district, Huai Khwang District, Bangkok 10310 by contacting our Data Protection Officer at [email protected].