NOTA Privacy Policy

US NOTA Privacy Policy

Last Updated: September 08, 2021

This Privacy Policy describes how EC Assets, LLC (“Nota”, “we”, “us” or “our”) collects, uses, stores, shares and protects your information when you use the US NOTA Services (as defined below) through or in connection with your account with NOTA for products or services offered at www.usnota.com (“Nota Account”).

The “US Nota Services” shall mean exchanging fiat currency for US Nota, redeeming US NOTA for fiat currency, holding US NOTA, sending US NOTA, and receiving US NOTA and all other products or services offered at www.usnota.com or otherwise in connection with US NOTA. For purposes of the foregoing, NOTA’s “NOTA Pay” and “NOTA Earn” mobile applications are specifically excluded from the definition of US NOTA Services.

 If your country of residence, as determined by your verified residential address (“Country of Residence”), is (i) within the European Economic Area (“EEA”), you will also be referred to in this privacy policy as an “EEA Customer”; or (ii) outside the EEA, you will be referred to in this privacy policy as a “non-EEA Customer”.

Please use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. Important information and who we are

Purpose of this privacy policy

We are conscious that privacy is important to our users, which is why we only collect the information we need and will not share your personal information with any third-parties unless it is necessary. Even within NOTA, access to your personal information is limited to only those employees who require this information to handle matters relating to compliance, identity verification, fraud prevention and customer support.

It is important that you read this privacy policy together with any other privacy notice or fair processing notice we may provide on specific occasions, and which may be applicable to you when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.

 Changes to the privacy policy and your duty to inform us of changes

We may change this privacy policy from time to time. When we do make updates, we’ll let you know by changing the date at the top of this privacy policy. If it is a more extensive update, we will send you a notification or post a notice on our website. If you have any questions about changes made to the privacy policy, please contact support@usnota.com.

It is important that the personal data we hold about you is accurate and current. If you need to add or change any information, you can just log in to your US NOTA Account and make the change in your settings. If it does not appear as if you can make the change yourself, please contact support@usnota.com and we will take care of it. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

The US NOTA Services may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third-parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to review the privacy notice of every website you visit.

 EEA Customers 

The following applies to EEA Customers only.

For the purposes of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), EC Assets, LLC is the controller of your personal data and Nota Europe Limited has been appointed as its representative in the EEA.

NOTA has appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this privacy policy. If you have any queries about this privacy policy, including any requests to exercise your rights, please contact us using the details set out below.

Full name of legal entity: NOTA Europe Limited (as GDPR representative)

Contact: support@nota.com

You have the right to make a complaint at any time to the Information Commissioner's Office (“ICO”), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the opportunity to deal with your concerns before you approach the ICO so please contact support@usnota.com in the first instance.

 2. The data we collect about you

Personal data, or personal information, means information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, store, use, and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, title, username or similar identifier, tax ID, marital status, date of birth, gender, identity document number, nationality and any other information contained in any identification documents you provide to us (e.g. your passport or driver’s licence).
  • Contact Data includes billing address, residential address, email address and telephone numbers.
  • Financial Data includes bank account details.
  • Transaction Data includes details of your US NOTA activity such as the amount, date, time, recipient for each transaction.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the US NOTA Services.
  • Profile Data includes your username and password, your preferences, feedback, and any survey responses.
  • Usage Data includes information about how you use the US NOTA Services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third-parties and your communication preferences.
  • Location Data includes information about your device location.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For instance, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data).

For non-EEA Customers only, in the event that NOTA integrates with other platforms, you may be prompted from time to time to grant Nota access to additional information from such platform (or grant such partner platform access to information you have provided to NOTA).

Information about criminal convictions

When you register for a US NOTA Account or otherwise use the US NOTA Services, we may receive information about your criminal convictions when we perform certain verification or compliance checks. We carry out these checks in order to detect or prevent any unlawful or fraudulent acts and to comply with our legal obligations.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (i.e. to provide the US NOTA Services to you). In this instance, we may have to close your US NOTA Account but we will notify you if this is the case at the time.

3. How we collect your personal data

We use various methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact, Financial, Transaction, Profile, Usage, Marketing and Communications and Location Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when:
  • you create or use your US NOTA Account;
  • you set up a wire transfer to your US NOTA Account;
  • we need to request further information to verify your identity or to meet our legal obligations;
  • you request marketing to be sent to you;
  • you participate in a survey; or
  • you give us some feedback.
  • Automated technologies or interactions. When you interact with our US NOTA Services, we may automatically collect Usage and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.
  • Third-parties or publicly available sources. We may receive personal data about you from various third-parties including:
  • Technical Data from analytics providers such as Google;
  • Contact, Financial and Transaction Data from providers of technical or payment services;
  • Identity and Contact Data from verification or compliance services providers; and
  • In providing personal data of any individual (other than yourself) to us, you agree that you have obtained consent from the individual to disclose their personal data to us for processing.

4. How we use your personal data

Non-EEA Customers

The following applies to non-EEA Customers only.

We collect all of this information so that we can provide you with the US NOTA Services safely and seamlessly. The information we collect allows us to:

  • Deliver the full functionality of the US NOTA Services;
  • Keep in touch with you - whether it be for providing customer service, notifying you of new features or updates to the US NOTA Services, or providing security notices or information;
  • Verify your identity so that we can prevent fraud or unauthorized activity; and
  • Fulfil any other purpose for which the information was collected.

We will never sell or rent your personal data to third-parties. We may combine your information with information we collect from other companies and use it to improve and personalize the US NOTA Services, as well as our content and advertising.

EEA Customers

The following applies to EEA Customers only.

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 we need to perform the contract that we are about to enter into or have entered into with you.
  • 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.
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting support@usnota.com.

Purposes for which we will use your personal data

We have set out below a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Please 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. You can contact Support if you need details about the specific legal ground that we are relying on to process your personal data where more than one ground has been set out in the table below.

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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

Marketing

We aim to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

(i) Promotional offers from us

We may use your Identity, Contact, Technical, Profile and Usage Data 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 (we call this marketing).

You will receive marketing communications from us if you: (i) have requested information from us; (ii) use our US NOTA Services; or (iii) provided us with your details when you registered for a promotion and you have not opted out of receiving that marketing.

(ii) Third-party marketing

We will obtain your express opt-in consent before we share your personal data with any company outside the NOTA group of companies for marketing purposes.

(iii) Opting out

You can ask us or third-parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting support@usnota.com at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your use of the US NOTA Services, a product / service experience or other transactions. Opting out will also not opt you out of receiving non-marketing information such as quarterly account statements and updates to this privacy policy or our user agreement.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly. Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. At this time, we do not respond to DNT signals. For more information about the cookies we use, please see our Cookie Policy.

5. How we share your personal data

Sharing with third-parties

We may have to share your personal data with the parties set out below for the purposes set out in Section 4 above:

  • Banking partners - If you link a bank account, we will share your account information with our banking partners so that we can process payments associated with wiring funds in and out of your US NOTA Account. We may also need to share your information with your bank based in the country where your bank account is held in order to verify and complete a payment transaction.
  • Verification service providers - In order to detect and / or prevent fraud and comply with our legal obligations, we will occasionally need to share your information with third-party identity verification services. This allows us to ensure you are who you say you are, by comparing the information you provide us to public records and other third-party databases. This may include searches through electronic services such as credit bureaus, but we will not do so in a manner that would have an adverse impact on your credit or credit score.
  • Operational service providers - In order to deliver the US Nota Services to you, we will need to share your information with third-parties who provide us with certain tools/services including data storage, customer service platforms, accounting and invoicing, IT, email and other communication tools, security and fraud detection.
  • Other service providers - In order to improve Nota’s functionality, we will sometimes share your information with service providers that help us analyse how people are using the US NOTA Services in order for us to refine the product. We may also share your information with services providers who assist us to deliver certain advertising/marketing campaigns in order to grow our business.
  • Law enforcement agencies and regulators - we may need to share your information with law enforcement or government or public officials. We will only do this when we are required to do so by a specific regulation, subpoena, court order or formal request, or we otherwise believe in good faith that we need to share such information to prevent physical harm, financial loss, or are obligated to report illegal and other suspicious activities.
  • Group companies - Information may be shared with Nota group entities in order to, inter alia, meet our legal and regulatory obligations. EEA Customers should be aware that affiliates of EC Assets, LLC are likely to act as processors in respect of your personal information in order to provide you with the best possible service and customer support.
  • Business Partners - From time to time NOTA may partner with other companies (“Partners”) to allow you to transact with individuals that are customers of such Partners and not Nota. In order to complete these transactions, we will need to share information regarding your US NOTA Account (such as name, email address, phone number and date of birth) with the applicable Partner so that they can meet their legal and regulatory obligations. Your information will only be shared with such Partners to the extent you actually transact or interact with customers of such Partner.
  • Professional advisers - In order to complete third-party financial, technical, compliance and legal audits of NOTA’s operations or otherwise comply with our legal obligations, we may need to share information about your US NOTA Account as part of such review with professional advisers acting as processors or joint controllers who provide consultancy, banking, legal, compliance, insurance or accounting services.
  • Third-parties - We may choose to sell, transfer, or merge parts of our business or our assets to third-parties. Alternatively, we may 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 privacy policy.
  • We will share your information with other third-parties if you specifically authorise us to do so.

6. International transfers 

This Section 6 applies to EEA Customers only.

NOTA complies with the EU-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. NOTA has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. In addition to EC Assets, LLC, many of our external third-parties are also based outside of the EEA so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by making sure at least one of the following safeguards is implemented:

7. How we protect your personal data

We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to data centres and information access authorisation controls. Sometimes in order to better secure your information and use it for the purposes contemplated by this privacy policy, certain personal data may be stored with our third-party partners and service providers. All of their physical, electronic and procedural safeguards are designed to comply with applicable laws and regulations. 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. In relation to EEA Customers, 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.

8. Data retention

We will only retain your personal data for as long as required to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, 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 via other means, and the applicable legal requirements. If you want to close your US Nota Account, know that as certain members of the Nota group are regulated financial institutions, we may be required to retain certain information that you have provided for a number of years. For example, we are subject to various AML and CTF regulations which, in a number of jurisdictions, require us to retain certain personal data for a minimum period of five (5) years following the closure of your US Nota Account. For further details of retention periods for different aspects of your personal data please contact us support@usnota.com. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

This Section 9 applies to EEA Customers only.

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see the “Your Legal Rights” section of the glossary to find out more about these rights:

Request access to your personal data

Request correction of your personal data

Request deletion of your personal data

Object to processing of your personal data

Request restriction of processing of your personal data

Request transfer of your personal data

Right to withdraw consent

If you wish to exercise any of the rights set out above, please contact support@usnota.com.

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 also refuse to comply with your request in these circumstances.

What we may need from you

We may need to ask for 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.

Time limit to respond

We aim to respond to all legitimate requests within one month. Occasionally it may take us longer than a month 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. Children’s privacy

Unfortunately, if you are under 18, you cannot use the US NOTA Services. We do not knowingly solicit or collect information from anyone under 18. If we become aware that a person under the age of 18 has provided us with personal information, we will delete it immediately.

11. Glossary

This Section 11 applies to EEA Customers only. 

Lawful basis