Welcome! Thanks for visiting Gemini, a digital asset platform. Use of the words “Gemini,” “we,” “us,” or “our” refers to Gemini entities indicated under the title Our Relationship to You, who are independent controllers of your personal data based on your location. This Privacy Policy is presented to you by Gemini, and explains what personal data (as defined below) we collect, why we collect it and how we process (as defined below) it in the course of providing access to this website, and providing use of the Gemini app.
Your privacy matters to us so whether you are new to Gemini or a long-time customer, please do take the time to get to know and familiarise yourself with our policies and practices. Feel free to print and keep a copy of this Privacy Policy, but please understand that we reserve the right to change any of our policies and practices at any time. But don’t worry, you can always find the latest version of this Privacy Policy here on this page.
Our Relationship to You
European Economic Area:
Entity | Address |
|---|
E-money activities: Gemini Payments Europe, Limited | 70 Sir John Rogerson's Quay, Dublin 2, Dublin, Ireland |
Cryptoasset activities: Gemini Intergalactic Europe, Limited (until your account is transferred to Gemini Intergalactic EU, Ltd) | 70 Sir John Rogerson's Quay, Dublin 2, Dublin, Ireland |
Gemini Intergalactic EU, Ltd | 171, Old Bakery Street, Valletta, Malta |
Investment Activities: Gemini Intergalactic EU Artemis, Ltd | 171, Old Bakery Street, Valletta, Malta |
United Kingdom:
Entity | Address |
|---|
E-money activities: Gemini Payments UK, Ltd | c/o Elemental Cosec 27 Old Gloucester Street London, United Kingdom WC1N 3AX |
Digital Asset Activities: Gemini Intergalactic UK, Ltd | c/o Elemental Cosec 27 Old Gloucester Street London, United Kingdom WC1N 3AX |
Marketing Activities: Gemini Artemis UK, Ltd | c/o Elemental Cosec 27 Old Gloucester Street London, United Kingdom WC1N 3AX |
1. The Personal Data We Collect and Process
As used in this notice, “personal data” means any information relating to a living individual who can be identified directly from that information or indirectly in conjunction with other information which we may hold or have access to. References to "personal data" in this Privacy Notice should be understood as defined in the "GDPR" (i.e., the General Data Protection Regulation 2016/679 (" GDPR"). For users in the United Kingdom, references to the “GDPR” in this Privacy Notice should be understood as references to the “UK GDPR” as defined in the Data Protection Act 2018, which applies alongside other applicable UK data protection laws. “Processing’’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
A. Personal Data We Collect From You
We may collect the following categories of personal data directly from you:
Identification Information: such as your name, email, phone number, postal address, government identification numbers (which may include Personal Public Service Number or equivalent, driver’s license number, passport number) and government-issued identity documents;
Commercial Information: such as trading activity, order activity, deposits, withdrawals, account balances;
Financial Information: such as bank account information, bank identifier code;
Correspondence Information: such as information that you provide to us in correspondence, including account opening and customer support;
Sensory Information: such as images collected for identity verification, audio recordings left on answering machines;
Employment Information: such as job title, source of wealth; and
Technical Information: such as your IP address, domain name, hardware, operating system, browser, system activity, internal and external information related to Gemini pages that you visit, clickstream information and geolocation data.
B. Personal Data We Collect Otherwise Than Directly From You
We may collect the following categories of personal data about you from third parties:
Identification Information: such as your name, email, phone number, or postal address, where you are, or are engaged by, a potential institutional client;
Financial Information: such as bank account information, bank identifier code ;
Transaction Information: such as public blockchain data (bitcoin, ether, and other Digital Assets are not truly anonymous).
We, and any others who can match your public Digital Asset address to other personal data about you, may be able to identify you from a blockchain transaction because, in some circumstances, personal data published on a blockchain (such as your Digital Asset address and IP address) can be correlated with personal data that we and others may have. Furthermore, by using data analysis techniques on a given blockchain, it may be possible to identify other personal data about you); and
Additional Information: such additional information as may be deemed necessary by our Compliance Team to comply with our legal obligations. This could include, for example, information which we may need to collect in order to meet our obligations to verify your identity and assess the risks of money laundering and/or terrorist financing under the Irish Criminal Justice Act 2010 or Prevention of Money Laundering Act (PMLA).
We do not routinely collect special category personal data (as defined under the GDPR and UK GDPR). Where such data is collected, for example as part of identity verification processes where it appears in government-issued ID, we process it only where necessary for legal compliance and in accordance with applicable data protection laws.
We may also verify the following personal data through third party providers, such as providers that can verify the authenticity of an ID document or in relation to addressing the risks of money laundering and/or terrorist financing (in accordance with the Irish Criminal Justice Act 2010 (as amended)):
Identification Information: such as your name, email, phone number, postal address, government identification numbers (which may include Personal Public Service Number or equivalent, driver’s license number, passport number).
C.Personal Data Created About You
We may create Personal Data about you, such as records of your interaction with us or our services and details of your accounts, subject to applicable law.
Personal Data you provide during the registration process may be retained, even if your registration is left incomplete or abandoned.
2. How We Process Your Personal Data
The categories of personal data we process, the purposes for which we process it, and the legal bases on which we may perform such processing are as follows:
Perform our contract with you
Categories of Personal Data | Processing Purpose |
|---|
Identification Information, Commercial Information, Transaction Information, Correspondence Information, Sensory Information, Employment Information, Technical Information, Transaction Information | Provide you with our services. We use your Personal Information to provide you with our services pursuant to the terms of our User Agreement. For example, in order to facilitate fiat transfers into and out of your account, we need to know your financial information. |
Identification information, Financial Information, Information, Transaction InTechnical Information, Correspondence | Provide you with customer support. We process your Personal Information anytime that you reach out to our Customer Support team, such as when there are issues arising from your account. We may use AI third party support services to provide you with streamlined customer support. We may use anonymized Personal Information to train AI models for internal use only. |
Identification Information, Financial Information, Transaction Information, Technical Information, Correspondence Information | To send Service communications. We use your Personal Information to send you administrative or account-related communications about our Services. This may include security updates or account-related information through email, telephone, or in-product notification. You may not opt-out of receiving critical service communications sent for legal or security purposes. |
Identification Information, Commercial Information, Technical Information, Transaction Information | Protect the security and integrity of our services. We use your Personal Information to further our security-first mentality. Maintaining the security of your account and the Exchange requires us to process your Personal Information, including information about your device and your activity on the Exchange, and other relevant information. |
Comply with our legal obligations
Categories of Personal Data | Processing Purpose |
|---|
Identification Information, Financial Information, Sensory Information, Correspondence Information, Technical Information, Transaction Information, Additional Information | To verify your identity. We process your Personal Information to properly identify or verify your identity to fulfill our obligations under the anti-money laundering laws (“AML”) or sanctions laws/regulations of numerous jurisdictions and, as such, we may use an image of an identity document that you provide to help us verify that you are the true owner of the identity document and that the document does not show signs of fraud. All such information is securely maintained and is only disclosed where permitted by law. |
Identification Information, Financial Information, Transaction Information, Correspondence Information | To comply with legal and regulatory requirements. We may process your Personal Information where we believe it is reasonably necessary to comply with law, legal obligations, regulations, law enforcement, governmental, and other legal requests, court orders, or for disclosure to tax authorities. |
Use based on legitimate interests
Categories of Personal Data | Processing Purpose |
|---|
Identification Information, Commercial Information, Financial Information, Correspondence Information, Sensory Information, Employment Information, Technical Information, Transaction Information, Additional Information | Detect and prevent fraud. We process your Personal Information to detect and prevent fraud on your account, which is especially important given the irreversible nature of cryptocurrency transactions. |
Commercial Information, Financial Information, Correspondence Information, Sensory Information, Technical Information, Transaction Information | Optimize and enhance our services. We use your Personal Information to understand how our products and services are being used to help us improve our Services and develop new products. |
Identification Information, Commercial Information, Correspondence Information | Market our products to you. We may send you information, newsletters, marketing materials and other customized content and targeted offers from us, and on behalf of, our marketing partners and affiliates. You may use tools that we provide to opt out of these communications from us at any time. |
Identification Information, Commercial Information, Correspondence Information | To provide you with Promotions. We may use your information to provide promotions, including sweepstakes offers or other incentives and rewards for using our Services. |
Identification Information, Commercial Information, Technical Information, Transaction Information | To protect the security and integrity of our services and systems. Beyond the performance of our contract with you, we may use and analyze your information to protect the security and integrity of our services and systems. This may include logging suspicious behavior and investigations of violations to our Terms. |
Identification Information, Commercial Information, Financial Information, Correspondence Information, Sensory Information, Employment Information, Technical Information, Transaction Information, Additional Information | To preserve and share information with law enforcement, civil litigants, and other issuers of legal requests. We may preserve and share information as a result of requests from third parties such as civil litigants, law enforcement and other government authorities in the course of fraud investigations. Information may also be shared when we seek to protect ourselves in the course of litigation or other disputes, and to respond to Customer requests or communications for litigation and settlement purposes. |
Identification Information, Commercial Information, Correspondence Information, Transaction Information, Financial Information | For research and development. We engage in user testing to understand the customer experience using our Services and the trading that you engage in to conduct and support research and development related to our Services. |
Use based on your consent
Categories of Personal Data | Processing Purpose |
|---|
Application, Browser, and Device Information | To enable device-based settings. We collect information that you allow us to receive through the device-based settings you engage (such as location, language) which we use to provide the features or services described when you enable these settings. |
Identification Information, Transaction Information, Additional Information | To provide marketing communications to you. With your consent, we send targeted marketing communications through email, mobile, SMS, in-app, or push notification. You may also see ads for our Services when you visit other websites. |
Use to protect your or others’ vital interests
Categories of Personal Data | Processing Purpose |
|---|
Identification Information, Transaction Information, Financial Information, Correspondence Information | To preserve and share information with law enforcement, civil litigants, and other issuers of legal requests. We may preserve and share information with law enforcement and other government authorities in circumstances where someone’s vital interests require protection (e.g., emergencies). |
Automated decision-making
We may engage in automated decision-making for the purposes of detecting and preventing fraud, money-laundering and/or terrorist financing. All decisions are ultimately subject to manual review, but certain transactions, or your account, may be temporarily frozen (automatically) by our automated monitoring systems pending this manual review. This may mean that you cannot use your account and/or access certain funds until the decision has been manually reviewed. Our automated monitoring systems will only affect such a decision where suspicious activity is detected. Where required by applicable law, we conduct Data Protection Impact Assessments (“DPIAs”) to assess and mitigate the risks of high-risk processing activities, including the use of automated decision-making and profiling. UK residents have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects, unless such processing is authorised by UK law, is necessary for entering into or performing a contract, or is carried out with explicit consent. You may request human review of any such decision.
3. Who We May Share Your Personal Data With
We will not share your personal data with third parties, except as described below:
1. Service Providers. We may share your personal data with third-party service providers (“processors”) that will process personal data on our behalf for business purposes. Your personal data may be shared so that they can provide us with services, including identity verification, fraud detection and prevention, security threat detection, payment processing, customer support, data analytics, Information Technology, advertising, marketing, data processing, network infrastructure, storage, transaction monitoring, and tax reporting. We share your personal data with these processors only so that they can provide us with services, and we prohibit our processors from using or disclosing your personal data for any other purpose. If we engage a processor to process your personal data, we will subject the processor to binding contractual obligations to: (i) only process the personal data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the personal data; together with any additional requirements under applicable law.
2. Affiliates. We may share your personal data with our affiliates, for the purposes outlined above, and as it is necessary to provide you with our services. For example, AML documentation collected by one affiliate may be shared with other affiliates.
3. Law Enforcement. We may be compelled to share your personal data with law enforcement, government officials, and regulators.
4. Corporate Transactions. We may disclose personal data in the event of a proposed or consummated merger, acquisition, reorganization, asset sale, or similar corporate transaction, or in the event of a bankruptcy or dissolution.
5. Professional Advisors. We may share your personal data with our professional advisors, including legal, accounting, or other consulting services for purposes of audits or to comply with our legal obligations.
6. Consent. We may share or disclose your personal data with your consent.
4. Cookies
When you access Gemini, we may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (herein, “Cookies”) on your computer or other devices used to visit Gemini. We use Cookies to help us recognize you as a customer, collect information about your use of Gemini to better customize our services and content for you, and collect information about your computer or other access devices to: (i) ensure compliance with our anti-money laundering (“AML”) program (ii) ensure that your account security has not been compromised by detecting irregular, suspicious, or potentially fraudulent account activities; (iii) assess and improve our services and advertising campaigns.
You also can learn more about cookies by visiting https://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note that if you reject cookies, you will not be able to use some or all of Gemini. If you do not consent to the placing of Cookies on your device, please do not visit, access, or use Gemini.
5. Direct Marketing
Subject to applicable laws and regulations, we may from time to time send direct marketing materials promoting services, products, facilities, or activities to you using information collected from or about you. For users in the United Kingdom, we comply with the Privacy and Electronic Communications Regulations 2003 (as amended) (“PECR”) when sending electronic marketing communications. You may opt-out of such communications at any time by visiting the Exchange tab of your Account Settings page. You may also opt-out of such communications by following the directions provided in any marketing communication. It is our policy to not provide your personal data to third parties for their own direct marketing purposes without your consent.
6. Information Security
No security is foolproof, and the internet is an insecure medium. We cannot guarantee absolute security, but we work hard to protect Gemini and you from unauthorized access to or unauthorized alteration, disclosure, or destruction of personal data we collect and store. Measures we take include encryption of the Gemini website communications with SSL; required two-factor authentication for all sessions; periodic review of our personal data collection, storage, and processing practices; and restricted access to your personal data on a need-to-know basis for our employees, contractors and agents who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
7. Data Retention
We take reasonable and practicable steps to ensure your personal data is not kept longer than is necessary for the fulfillment of the purpose for which it is to be processed.
We will retain copies of your personal data in a form that permits identification so long as we maintain an ongoing relationship with you (e.g., your use our services), or your personal data are necessary in connection with the lawful purposes set out in this Policy, for which we have a valid legal basis.
In addition, applicable law or pending legal claims may require us to retain certain types of information for a certain time period. We will retain your information for the duration of the applicable time period and for additional periods as necessary. During the periods noted in this paragraph, we will restrict our processing of your personal data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law. For UK users, this may include specific statutory obligations under UK law, such as the Money Laundering Regulations 2017 (as amended) and record-keeping requirements under rules of the Financial Conduct Authority (“FCA”) or HM Revenue & Customs (“HMRC”). Once the applicable time periods for retention of your personal data have concluded, we will either: permanently delete or destroy the relevant personal data or anonymise the relevant personal data.
8. Legal Rights
You have the following rights under applicable law, subject to certain exceptions, with respect to your personal data:
Right of Access. You may request a copy of the Personal Data that we process about you.
Right to Rectification. You may ask us to correct any inaccurate or incomplete personal data.
Right to Erasure. You may submit a request that Gemini delete the personal data that we have about you in certain circumstances, for example where it is no longer necessary for us to process it.
Right to Restriction of Processing. You have the right to restrict or object to our processing of your personal data under certain circumstances.
Right to Object. You have the right to object to your personal data being processed on the basis of our legitimate interests (or those of a third party). We will cease processing your personal data, unless the processing is based on compelling legitimate grounds or is needed for the exercise or defence of legal claims. Where we use your personal data for direct marketing purposes, you can always object and opt out of future marketing messages using the unsubscribe link in such communications.
Right to Data Portability. You have the right to receive the personal data you have provided to us in an electronic format and to transmit that personal data to another data controller.
Right to Withdraw Consent. In the event that we request and receive your consent to process your personal data for a specific purpose, you have the right to withdraw your consent at any time. Your withdrawal of consent will not affect the lawfulness of our processing based on consent before its withdrawal.
Your Right to Lodge A Complaint With Your Supervisory Authority. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator outlined below, based on your place of residence:
For users in the European Economic Area: the contact details for the Irish Office of the Data Protection Commission (DPC) are available here for e-money activities. For crypto activities, contact details for the Information and Data Protection Commissioner (IDPC) in Malta can be found here. For users in the United Kingdom: For matters relating to your personal data under the UK General Data Protection Regulation (UK GDPR), you have the right to lodge a complaint with the Information Commissioner's Office (ICO), the UK’s data protection authority. Contact details for the ICO are available here. You may exercise these rights in relation to either or both of Gemini entities in the relevant jurisdiction by contacting us via the means set out under the next heading. Relevant Gemini team members, on behalf of the relevant entity, will manage the response to your request.
When handling requests to exercise your privacy rights, we check the identity of the requesting party to ensure that he or she is the person legally entitled to make such a request. While we maintain a policy to respond to these requests free of charge, should your request be repetitive or unduly onerous, we reserve the right to charge you a reasonable fee for compliance with your request.
9. Contact Us
If you have questions or concerns regarding this policy or our processing of your personal data, or if you wish to request to exercise your rights as a data subject, please feel free to email us at: privacy@gemini.com; or write to us at: at the registered addresses under the title Our Relationship to You. Your questions or concerns will be directed to the appropriate controller entity. You may also contact our Data Protection Officer in relation to the processing of your personal data by emailing DPO@gemini.com. If you are a European Economic Area or UK resident and you believe that we have not adequately resolved any such issues, you have the right to contact your local data protection supervisory authority.
