Welcome to the Ink privacy notice. We appreciate your trust and take your privacy seriously. Please read on to understand how we may collect, use, disclose and safeguard your personal data.
1. Definitions and scope
1.1 “Application and device information” includes information about your operating system, the browser type, version and plugins you're using, the network you connect to, your IP address, derived location information, and marketing identifiers.
1.1 “Blockchain data” means publicly available blockchain data, including transaction amounts, wallet addresses, timestamps of transactions or events, transaction IDs and digital signatures.
1.1 “Child” means a person under the age of 18, collectively “Children”.
1.1 “Kraken group companies” refers collectively to Payward, Inc. and its subsidiaries, including the entities doing business as Kraken and Kraken Wallet.
1.1 “Ink” means the Ethereum L2 Blockchain provided by Ink Ltd, and includes the Ink Testnet.
1.1 “Services” means this Ink website, Ink and any other applications, tools and features we operate.
1.1 Wallet address means a public blockchain wallet address.
1.1 “We”, “us” and “our” means Ink Ltd.
1.1 “You” and “your” means the users and developers of our services, and also, as applicable, “users” and “developers”.
Please note that this privacy notice describes how we process and protect your personal data when you use our services, it does not apply to any processing which we carry out as a processor on behalf of users and developers who explore and use Ink. As we are not responsible for and do not control websites, applications, or services operated by third parties, including those that allow you to interact with our services, we encourage you to review their privacy notices separately.
2. Information we collect
We collect the following personal data when providing the services:
Information you provide
Your wallet address
Blockchain data
Basic user / developer information shared when signing up to receive marketing communications including name and contact information
Any user / developer submitted information provided through a website form, for example a feedback, survey, or bug report form
Any information exchanged for user / developer support purposes
Information collected automatically
Application and device information
Information obtained from third parties and public sources
Blockchain data: We may collect blockchain data from public sources, for example by using blockchain explorers.
Analytics information: We may collect information about your website usage and interactions from third party analytics providers and advertising providers. This includes device information, marketing identifiers, browser fingerprint, device information, and IP address.
Error tracking information: We collect error tracking information from third party service providers to provide automated error monitoring and error management for the services. This improves the services and allows users and developers to more effectively and consistently interact with the services.
3. How we use your personal data
We may use your personal data for the following purposes or as otherwise described at the point of collection. To the extent legitimate interest or performance of a contract is not a recognized legal justification in your jurisdiction, we rely on consent (express or implied, as appropriate) where consent is required.
Why we process your personal data
Information used
Legal justification
To provide our services to you in accordance with our Terms of Service
Wallet address, blockchain data
Contractual necessity
To promote the safety, security and integrity of our services
Name and contact information, information from analytics providers
Contractual necessity
To troubleshoot the services and manage any errors arising in relation to the services
Error tracking information
Legitimate interests
To send you surveys
Name and contact information
Legitimate interests
To provide you with technical support
Questions and responses submitted by users and developers for support
Legitimate interests
To send you marketing communications
Name and contact information
Consent
4. Disclosure of your personal data
As part of processing your personal data for the purposes set out above, we may disclose your personal data to Kraken group companies and to third parties. For example, we may disclose your personal data for business or other legitimate purposes to our service providers and business partners, such as specialist advisors who have been contracted to provide us with administrative, financial, legal, tax, compliance, insurance, IT, debt-recovery, analytics, research or other services.
If we disclose your personal data to service providers and business partners, in order to perform the services requested by clients or to comply with our legal and regulatory obligations, such providers and partners may store your personal data within their own systems. We require them to protect the confidentiality of this personal data, and comply with all relevant privacy and data protection laws.
We may also disclose personal data when it is compelled by law, for example to a government agency as a result of a valid court order. We may also disclose your data in the event of a prospective merger, acquisition, or sale of all or part of our business or assets.
5. How long we retain your personal data
When personal data is no longer necessary for the purposes for which it may lawfully be processed, we will remove any details that will identify you, or we will securely destroy the relevant records.
We may need to maintain records for a significant period of time after you cease being our client for legal or regulatory reasons, for example when we need to retain information to help manage a dispute or legal claim.
6. Children's personal data
Our products and services are not directed to children and we do not knowingly collect personal data from children. If we learn that we have inadvertently processed personal data from a child, we will take legally permissible measures to remove that data from our records.
We will require the child user to close his or her account and will not allow the use of our products and services.
7. Where we store your personal data
Our operations are supported by a network of computers, servers, other infrastructure and information technology, and third-party service providers.
We and our third-party service providers and business partners store and process your personal data in the European Union, Japan, Australia, the United Kingdom, the United States of America and elsewhere in the world. Courts, law enforcement and security agencies of these jurisdictions may be able to use legal processes to access your personal data.
8. For UK & EEA clients: Transfers of personal data outside of the European Economic Area (EEA) and the United Kingdom (UK)
We may transfer your personal data outside the EEA and UK to other Kraken group companies, service providers and business partners. Transfers outside of the EEA or the UK (as appropriate) are done in accordance with lawful transfer mechanisms.
If personal data is transferred to a country which has been found by the European Commission to have an essentially equivalent standard of data protection to the EEA, then we may rely on an 'adequacy decision' to transfer that personal data. See here for a list of countries with adequacy decisions. If personal data is transferred from the EEA or UK to the US, we may rely onStandard Contractual Clauses.
9. Cookies
When you use our products and services or visit our websites, we may place tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (herein, “cookies”) on your computer or other devices used when engaging with us. We use cookies to help us recognize you as a user or developer, collect information about your use of our products and services, to better customize our services and content for you, and to collect information about your computer or other access devices to ensure our compliance with our U.S. Bank Secrecy Act, fraud, security, sanctions and AML obligations.
10. Your rights regarding your personal data
The rights that are available to you in relation to the personal data we process are outlined below. You may request to exercise these rights subject to any limitations provided for under applicable data protection laws.
Access
You can ask us to confirm whether we are processing your personal data and, if so, what information we process. Should you wish to obtain a copy of that information, please .
Rectification
It is important to us that your personal data is up to date. We will take all reasonable steps to make sure that your personal data remains accurate, complete and up-to-date. Please inform us if your personal data changes. If the personal data we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If we have disclosed your personal data to others, we will let them know about the rectification where possible. If you ask us, and if possible and lawful to do so, we will also inform you with whom we have shared your personal data.
You may inform us at any time if your personal details have changed by . Subject to applicable law, we will update your personal data in accordance with your instructions. To proceed with such requests, in some cases we may need supporting documents from you as proof, i.e. personal data that we are required to keep for regulatory or other legal purposes.
Erasure
You can ask us to delete or remove your personal data in certain circumstances. Such requests may be subject to any retention limits we are required to comply with in accordance with applicable laws and regulations. If we have disclosed your personal data to others, we will let them know about the erasure request where possible. If you ask us, and if possible and lawful to do so, we will also inform you with whom we have shared your personal data.
Processing restrictions
You can ask us to block or suppress the processing of your personal data in certain circumstances such as if you contest the accuracy of that personal data or object to us processing it. It will not stop us from storing your personal data. If we have disclosed your personal data to others, we will let them know about the restriction of processing if possible. If you ask us, and if possible and lawful to do so, we will also inform you with whom we have shared your personal data.
Data portability
In certain circumstances you may have the right to obtain personal data you have provided to us, in a structured, commonly used and machine-readable format, and to re-use it elsewhere or ask us to transfer this to a third party of your choice, where technically feasible.
Objection
You can ask us to stop processing your personal data, and we will do so, if we are:
Relying on our own or someone else's legitimate interests to process your personal data except if we can demonstrate compelling legal grounds for the processing or for the establishment, exercise or defence of legal claims;
Processing your personal data for direct marketing; or
Processing your personal data for research unless we reasonably believe such processing is necessary for the performance of a task carried out for reasons of public interest (such as by a regulatory or enforcement agency).
Automated decision-making and profiling
If we have made a decision about you based solely on an automated process (e.g. through automatic profiling) that affects your ability to access our services or has another significant effect on you, you can request not to be subject to such a decision unless we can demonstrate to you that such decision is necessary for entering into, or the performance of, a contract between you and us. Even if a decision is necessary for entering into or performing a contract, you may contest the decision and require human intervention. We may not be able to offer our products or services to you, if we agree to such a request (i.e. end our relationship with you).
Complaints
You have the right to complain to a competent data protection authority. Contact details are set out in Section 13 below. We ask that you first contact us to give us an opportunity to address any concerns.
Withdraw consent
You have the right to withdraw consent to processing based on consent at any time. Note this will not affect the lawfulness of processing based on consent prior to the withdrawal of consent or on grounds where consent is not required.
11. Contact information
Any questions, complaints, comments and requests regarding information in this privacy notice are welcome and should be addressed to our support team, who can triage questions to our Data Protection Officer as appropriate.
The fastest and easiest way to connect with our support is through our Ink Discord community here.
If this is not a feasible path for you, please through our website.
12. Changes to this privacy notice
Our privacy notice is reviewed regularly in light of new regulations, technologies, and any changes to our business operations. Any personal data we process will be governed by our most recent privacy notice. We will update the “Last updated” date accordingly at the beginning of this privacy notice. Please review this privacy notice from time to time. We will announce any material changes to this privacy notice on our website.
13. Privacy when using digital assets and blockchains
Your use of digital assets may be recorded on a public blockchain. Public blockchains are distributed ledgers, intended to immutably record transactions across wide networks of computer systems. Many blockchains are open to forensic analysis which can lead to re-identification of transacting individuals and the revelation of personal data, especially when blockchain data is combined with other data. As blockchains are decentralized or third-party networks which are not controlled or operated by Ink Ltd, we are not able to erase, modify, or alter personal data on such networks.
14. Data Protection Authorities
If you are not satisfied with our response to your complaint, you have the right to submit a complaint to a competent data protection authority. Examples of relevant data protection authorities are listed below:
For residents of Australia:
Office of the Australian Privacy Commissioner GPO Box 5218, Sydney, NSW 2001, Australia
For residents of Bermuda:
The Office of the Privacy Commissioner 4th Floor Maxwell Roberts Building 1 Church Street Hamilton, HM11 Bermuda 1-441-543-7748
For residents of Canada:
Office of the Privacy Commissioner of Canada 30, Victoria Street Gatineau, QC K1A 1H3, Canada
For residents of the United Kingdom:
The Information Commissioner's Office Wycliffe House, Water Ln Wilmslow SK9 5AF, UK
For residents of the European Economic Area:
You may complain to your local supervisory authority or to our lead supervisory authority the Irish Data Protection Commission:
Data Protection Commission 21 Fitzwilliam Square South Dublin 2 D02 RD28 Ireland