Privacy Policy
I. INTRODUCTION
This Izakaya Privacy Policy (the “Privacy Policy”) governs the relationship between you (“Client” or “you”) and any holding company, subsidiary, or entity belonging to the Izakaya group of companies (“Izakaya” or “we”), in relation to how we process and protect your Personal Data as you use the Izakaya Services provided on any Izakaya website, including https://Izakaya.com/ (the “Website”), mobile application(s), and any other official Izakaya communication channels, including the content and services made available on or through them, and any updates, upgrades, and versions thereof, and constitutes a legally binding agreement (the “Agreement”) between the parties. We encourage you to read this Privacy Policy carefully to understand how the information we collect about you is used and protected.
The Privacy Policy is reviewed regularly to ensure that any new services or updates, as well as any changes to our business model and practices, are taken into consideration. We will notify you of material changes by, for example, placing a notice on the Website, the Izakaya Platform and/or by sending you an email. Your continued use of the Izakaya Platform after such changes constitutes your acceptance of those changes, so please review the Privacy Policy periodically for updates.
In addition, all defined terms used in this Privacy Policy shall have the meanings given to them in other terms applicable to Izakaya’s services, as the case may be (collectively, the “Izakaya General Terms”).
II. DEFINITIONS
Controller means any holding company, subsidiary, or entity belonging to the Izakaya group of companies, which may act as a personal data controller for the purposes of this Privacy Policy;
Izakaya Platform means any Izakaya website, mobile application(s), and any other official Izakaya communication channel, including the content and services made available on or through them, and any updates, upgrades, and versions thereof;
Personal Data means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier or to one or more factors specific to that natural person;
Privacy Laws means any applicable personal data protection legislation;
Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
III. INFORMATION WE COLLECT
Izakaya may collect the following types of Personal Data when you visit the Website, register on the Izakaya Platform, use Izakaya Services, and when you interact and communicate with Izakaya through any media or channel:
1. User-provided information:
Identification information: full name, personal identification number, date, place and/or country of birth, your picture and/or selfie, pictures of your identification document (passport, ID or driver’s licence) – front and back; email address, PEP status (Politically Exposed Persons), statements of your social status or official position held, sanctions status;
Contact and communication information: permanent and current address, telephone number, social media profiles, usernames, and messages across any communication channel or medium;
Employment information: occupation, industry, employment status;
Financial information: bank account number, digital asset wallet, source of funds, source of crypto, transaction history, assets on the Izakaya Platform;
Other information: any information that you provide to Izakaya at your own discretion.
2. Information we collect automatically
When you visit the Izakaya Platform, we automatically collect the following information:
Technical information, including information about your device, network, software, and internet connection, information ensuring your access to your Izakaya Account, type and version of your browser, time zone settings, browser extensions, operating system and platform, screen resolution, geolocation, and font settings;
Information about your website visits, including full history of your visits from the Uniform Resource Locator (URL) to, via, or from the Izakaya Platform (including date and time of such visits); consent given to the Terms and Conditions and the Cookie banner; services you searched for or viewed; referring and exit pages; files viewed on the Izakaya Platform (e.g. HTML pages, graphics, etc.); page response times; page errors; time spent on pages; interaction data (such as clicks or cursor movements) and navigation paths. For additional information please see our Cookies Policy;
Information generated by using Izakaya Services, including assets on the Izakaya Platform, account status, loyalty level, transaction history, activity logs, IP logs, and geolocation.
3. Information we get from third parties
Izakaya obtains information about you from third parties only in the context of account creation and verification, and during regular due diligence processes, in compliance with its legal obligations. More information about third parties and our identity verification providers is available in Section VII Third Parties.
Apart from the above, Izakaya does not request or collect Personal Data about you from third parties without your knowledge.
Please note that if you fail to provide Personal Data when requested, especially where required by law or under a contract, we may not be able to perform the relevant contract or provide our services to you.
IV. PROCESSING PURPOSES
Izakaya may process your Personal Data in accordance with applicable Privacy Laws and this Privacy Policy for the following purposes:
Identification and verification: to process your application and provide services to you, and to verify your identity (which may also include the use of biometric technologies);
Transaction services: to accept and process orders, process payments, and communicate with you regarding your orders, services, and promotional offers;
Recommendations and personalization: to personalise your experience and to enable us to deliver content and service offerings that are most relevant to you, including saving your preferences and login information, and providing customised content;
Continuous improvement of the Izakaya Platform: we use your Personal Data to operate and provide functionalities on the Izakaya Platform, analyse performance, identify and fix errors, and improve the usability and effectiveness of the Izakaya Platform; to maintain the quality and safety of our services; for internal quality control purposes, including debugging to identify and repair errors that impair intended functionality; to identify and analyse service usage metrics and/or trends (e.g. pages visited, functions used, etc.); and for data analysis purposes, including research, audit, reporting, or other business operations;
Compliance with applicable legislation: in certain cases, we collect and use your Personal Data to comply with applicable Privacy Laws and other relevant local and international laws and regulations;
Communication: we use your Personal Data to communicate with you in relation to your access to the Izakaya Platform and the provision of Izakaya Services, as well as to inform you of any changes to Izakaya, our services, or our contractual relationship;
Fraud prevention: we process your Personal Data to monitor and detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity, including money laundering, terrorism financing, and other criminal activities, and to take appropriate action against those responsible;
Marketing purposes: we may use your Personal Data to send you marketing communications by email or other agreed forms (including social media campaigns), in order to keep you informed about Izakaya’s latest products and services. Any marketing communications will include an option to unsubscribe from such communications;
Purposes for which we seek your consent: we may also request your consent to process your Personal Data for a specific purpose that we communicate to you. In such cases, where you consent to Processing for a specified purpose, you may withdraw your consent at any time, and we will cease Processing your Personal Data for that purpose;
For any other purposes arising from the activities described above, to the extent not prohibited by law.
V. LEGAL BASIS FOR PROCESSING
To achieve the purposes listed above, Izakaya collects and processes your Personal Data in a lawful, fair, and transparent manner under applicable Privacy Laws, including on the following legal grounds:
for the purpose of entering into and/or performing a contract with you;
to comply with our legal obligations under applicable laws and regulations;
for the purposes of our legitimate interests, except where such interests are overridden by your rights and freedoms;
based on your consent, where required, in which case Processing shall commence only after such consent has been obtained.
VI. AUTOMATED DECISION MAKING AND PROFILING
Automated decision-making refers to the ability to make decisions by technological means without human involvement. Izakaya may use automated decision-making and profiling in certain circumstances, including to enhance efficiency, ensure consistency in decision-making processes, and support risk assessment and fraud detection.
Automated decisions may be based on various types of data, including:
data provided directly by the Data Subject to Izakaya or its identity verification service providers;
data observed about the Data Subject (such as usage data or location data collected through the Izakaya Platform);
inferred or derived data generated through analysis of the Data Subject’s activity on the Izakaya Platform.
VII. THIRD PARTIES
Izakaya may disclose your Personal Data to other Izakaya companies within the Izakaya group for the purposes of providing our services to you. We have undertaken all necessary measures to ensure that all Izakaya companies handle your Personal Data with the same degree of care. We may also disclose your Personal Data to selected third parties outside of the Izakaya group, including service providers for the performance of our contractual obligations with you, as well as for other purposes described in this Privacy Policy and the Izakaya General Terms.
We may share your Personal Data with the following categories of external third parties:
Banking and payment network service providers to enable you to upload funds, make and receive payments, and withdraw funds; these providers include banks, acquirers, alternative payment providers, card providers, and account information service providers;
Providers of risk assessment and fraud detection, know-your-customer (KYC) checks, anti-money laundering, and counter-terrorism financing services;
Online advertising platforms for marketing purposes;
Analytics and search engine providers that assist us in improving and optimising the Izakaya Platform;
Cloud service providers which, among other things, provide us with the necessary infrastructure to securely store and manage your Personal Data;
Auditors, advisors, legal representatives, and similar agents in connection with the advisory services they provide to us, subject to appropriate confidentiality obligations;
Third parties where we are legally required to disclose your Personal Data and your use of our services, including, but not limited to, competent law enforcement bodies, regulatory and government agencies, courts, or other third parties (e.g. police authorities, financial supervisory authorities, tax and social security agencies, as well as courts). Such disclosure shall be made in good faith where we believe it is necessary to protect your safety or the safety of others, to protect our rights, to prevent or investigate fraud, or to respond to a government request.
You should also note that the Website includes links to third-party websites, plug-ins, handles, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share your Personal Data. Izakaya does not control these third-party websites and is not responsible for their personal data processing activities. When you leave the Website, we encourage you to read the privacy policy or notice of every third-party website you visit.
VIII. TRANSFERS
When transferring Personal Data, we are committed to ensuring that the data importer maintains materially similar security measures for the storage and Processing of Personal Data as we do. Your Personal Data may be processed, stored, and transferred to third parties in the manner and to the extent described in this Privacy Policy, the contract(s) concluded between you and us, and any consents you provide from time to time.
Locations outside your country of residence may be used for the Processing (including storage) of the data we collect about you. The information we transfer may be shared with our service providers. This may include activities such as payment processing, data analysis (including fraud, risk, and compliance checks), collection of usage data relating to our websites and services, advertising (including behavioural advertising), or providing customer support. We take all reasonable steps to ensure the security of your Personal Data in accordance with this Privacy Policy and applicable local and international legislation.
You can find below a non-exhaustive list of the bases for international transfers of Personal Data that may apply depending on your citizenship:
Any international transfers of European Union (EU) citizens’ data outside the EU or European Economic Area (EEA) shall be based on the 2021 European Commission Standard Contractual Clauses, unless the European Commission has issued an Art. 45 GDPR adequacy decision for the importing country. More information on EU/EEA transfers is available on the European Commission’s website;
Any international transfers of United Kingdom (UK) citizens’ data outside the UK shall be based on the 2010 European Commission Standard Contractual Clauses, unless the United Kingdom has issued an adequacy regulation for the importing country. More information on UK transfers is available on the Information Commissioner’s Office website.
IX. DIRECT MARKETING
Subject to applicable legislation, Izakaya may from time to time send direct marketing materials promoting its services and/or activities to its existing clients and Website users who have subscribed to receive such updates. You may, at any time, opt out of such communications by using the marketing preferences centre provided with each direct marketing communication. You may also opt out of direct marketing by communicating your preferences to Izakaya, which will add you to the marketing suppression list in due course and confirm this to you in writing.
X. DATA SECURITY
Personal Data collected by Izakaya through the Izakaya Platform or otherwise is stored on secure servers, hosted in a cloud environment. Izakaya uses security measures appropriate to the provision of the relevant Izakaya Services, including reasonable administrative, technical, personnel, and physical measures to protect your Personal Data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. We may use network safeguards such as firewalls and data encryption. In addition, we provide access to your Personal Data on a limited, need-to-know basis to those employees, agents, contractors, and other third parties who require such access to fulfil their legal obligations. They will only process your Personal Data on our instructions and are subject to a duty of confidentiality. Those with access to your Personal Data are carefully screened, periodically re-evaluated, and required to keep all Personal Data confidential.
In the event of a security breach leading to the unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your Personal Data transmitted, stored, or otherwise Processed by Izakaya, we shall inform you without undue delay where such breach is likely to result in a high risk to your rights and freedoms, in order to allow you to take the necessary precautions. Any such Personal Data breach will also be reported to the relevant data protection authority.
To help us protect your privacy, you should maintain the confidentiality of your username and password used to access the Izakaya Platform. Please note that an Izakaya employee will never ask for your credentials. Izakaya uses regular malware scanning.
XI. STORAGE AND RETENTION
Personal Data is stored for varying periods of time depending on the category of Personal Data and its purpose of use:
Some information may be deleted automatically based on predefined schedules or upon request. If you have opted out of receiving marketing communications, we will retain your email address on our suppression list to ensure that you do not receive such communications;
Other data, such as account information, may be retained for a longer period based on your contractual relationship with us, in accordance with relevant industry standards or guidelines, and our legitimate business interests, including the prevention of abuse of promotions and similar activities;
We may further retain information for legitimate business purposes such as product and service improvement, fraud prevention, record-keeping, handling complaints, or enforcing our legal rights;
We may also be required to retain certain Personal Data to comply with audit, reporting, and other legal obligations (including, but not limited to, FATF recommendations and applicable anti-money laundering legislation, which may require retention for a period of five (5) years after the end of the relationship between us, and which may be extended where required by applicable law).
XII. YOUR RIGHTS
Depending on the jurisdiction from which you access the Izakaya Platform, your residency, or your citizenship, you may have one or more of the following Data Subject rights. Upon receipt of your request at the contact details provided below, Izakaya shall respond without undue delay and within the applicable statutory timeframes (generally within thirty (30) days, which may be extended by a further two months in accordance with Art. 12 GDPR, unless otherwise required under applicable Privacy Laws).
List of Rights
Access – you have the right to obtain confirmation as to whether Personal Data concerning you is being Processed and, where that is the case, access to information about such Processing, including its purposes, the categories of Personal Data, the recipients, and the retention period.
Rectification – you have the right to correct inaccurate Personal Data and/or complete incomplete Personal Data.
Deletion/Erasure – you have the right to request the erasure of your Personal Data (the “right to be forgotten”). Izakaya shall take reasonable steps to inform any other controllers processing your data of such request; however, we may not always be able to comply with your request for specific legal reasons, which will be set out in Section XI above.
Restrict Processing – you have the right to request the restriction of Processing under certain circumstances.
Portability – you have the right to data portability, including the right to:
receive a copy of your Personal Data in a structured, commonly used, and machine-readable format;
transmit such Personal Data to another data controller (including directly, where technically feasible).
Object to Processing – you have the right to object to Processing for profiling, direct marketing, and statistical, scientific, or historical research purposes.
Object to automated decision-making – you have the right not to be subject to automated decision-making, including profiling, which produces legal or similarly significant effects.
Withdraw consent – you may, at any time, withdraw your consent where Processing is based solely on your consent.
To help protect your privacy and security, we will take reasonable steps to verify your identity before granting access to your Personal Data. We will make reasonable efforts to investigate and respond to your requests as required by applicable law. Depending on the circumstances, we may not be able to fully comply with your request (for example, where doing so would adversely affect the rights of others). We reserve the right to refuse requests that are manifestly unfounded, excessive, or otherwise not required to be fulfilled under applicable law.
Please note that any request relating to Personal Data that is publicly available should be directed to the relevant third-party provider.
You will not be required to pay a fee to access your Personal Data (or to exercise any other rights). However, we may charge a reasonable fee if your request is manifestly unfounded or excessive.
XIII. CONTACT US
We value your feedback. If you have any comments or questions regarding this Privacy Policy, Izakaya’s handling of your Personal Data, a possible Personal Data breach, or if you wish to exercise your rights, please contact us by email. Izakaya will treat your requests and complaints confidentially.
Data Protection Officer (DPO):
support@izakaya.tech
Please include the following information in your request:
Full name;
Preferred communication channel (if none is specified, email will be used by default);
Country of residence;
If you are submitting a request to exercise your rights, please specify the type of request (e.g. access, portability, deletion);
A detailed description of your request.
If you are not satisfied with our response, you have the right to lodge a complaint with your relevant data protection authority.
XIV. MISCELLANEOUS
Our services are not directed to individuals below the legal age required to enter into contractual relations with Izakaya (the “Children” or “Child”), and we do not knowingly collect or process Personal Data of Children. If we become aware that we have inadvertently collected Personal Data from a Child, we will take legally permissible steps to delete such information from our records. Izakaya may require the user to close their account and may restrict further use of our services.
If you are a parent or guardian of a Child and you become aware that a Child has provided Personal Data to us, please contact us at support@izakaya.tech immediately.