Last updated: September 20, 2023

Thank you for visiting rails.xyz, a digital asset trading website, which is provided by Rails Limited. This privacy policy (the “Policy” or “Privacy Policy”) explains how Rails uses your Personal Data, (defined below), when you visit, or are provided with access and utility through our digital asset trading platform via software, APIs, technologies, products and/or functionalities (collectively the "Services" or the "Rails Services"). In the course of providing to you the Rails Services, to abide by the laws in the jurisdictions that we operate, and to improve the Rails Services, we need to collect and maintain Personal Information about you. As a rule, we do not disclose any Personal Information about our customers to any non-affiliated third parties, except as described below. We may update this Privacy Policy at any time by posting the amended version on this site including the effective date of the amended version. We may communicate any material changes to this Privacy Policy via email.

2.1 As used herein, the following terms are defined as follows:

2.1.1 “The Company”, “Rails”, “We” and “Us” refer to the website https://rails.xyz/ (hereinafter referred to as this “Website” or “the “Website”), which is a platform dedicated to the transaction of digital assets and the provision of related services.

2.1.2  “Digital Asset” refers to a digital representation of value (also referred to as “cryptocurrency,” “virtual currency,” “digital currency,” “crypto token,” “crypto asset,” or “digital commodity”), which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value.

2.1.3  “User” refers to all natural persons who log onto this Website.  For the convenience of wordings in this Policy, users are also referred to as “you” or any other applicable forms of the second-person pronouns.

2.1.4  “User Account” refers to a user-accessible account offered via the Company’s services, including without limitation, the hosted wallet services where Digital Assets are stored.

2.1.5  “Personal Information” or “Personal Data” or “your data” refers to any information relating to you as an identified or identifiable natural person, including but not limited to your name, an identification number, location data, or an online identifier or to one or more factors specific to the physical, economic, cultural or social identity of you as a natural person.

3.1 When you open the Website, our servers automatically record information that your browser sends. This data may include information such as your device’s IP address, browser type, and version, operating system type and version, language preferences or the webpage you were visiting before you came to the Website and Services, pages of the Website and Services that you visit, the time spent on those pages, information you search for on the Website, access times and dates, and other statistics.

3.2 Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Website and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular User of the system.

4.1  You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish or are allowed to use some of the features offered on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address).

4.2 Rails may collect, process, and store Personal Data you knowingly provide to us when you create an account or fill any online form on the Website. This Personal Data may include the following:

4.3 Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources such as public databases, social media platforms, third-party data providers, and our joint marketing partners. Personal Information we collect from other sources may include demographic information, such as age and gender, device information, such as IP addresses, location, such as city and state, and online behavioral data, such as information about your use of social media websites, page view information and search results and links. Additionally, we may collect:

4.4  Rails may also collect, receive, and use the following Personal Information from you to monitor and improve the function of the Website, enhancing your experience in using  the Services:

4.5 Personal Information you provide while using  Services may be retained, even if your registration is left incomplete or abandoned.

4.6  If you are providing Personal Information of any individual other than yourself to us during your use of  Website and  Services, you promise that you have obtained consent from such individual to disclose his/her Personal Information to us, as well his/her consent to our collection, use and disclosure of such Personal Information under this Privacy Policy.

5.1 Rails does not knowingly collect any Personal Information from children under the age of If you are under the age of 18, please do not submit any Personal Information through the Website and Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Website and Services, please contact us to request that we delete that child’s Personal Information from our Services.

5.2  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.

6.1  Rails acts as a data controller and a data processor under applicable data security and privacy regulations when handling Personal Information unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.

6.2 Rails’s role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Website and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information, and we comply with data controllers’ obligations set forth under applicable data security and privacy regulations.

6.3 Rails acts in the capacity of a data processor in situations when you submit Personal Information through the Website and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller under applicable data security and privacy regulations.

6.4  Rails uses the Personal Data we collect for the following carefully considered business purposes, which also benefit our Users:

6.5  Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to regulations such as California Consumer Privacy Act/California Privacy Rights Act (“CCPA/CPRA”) or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

6.6 Rails does not sell, trade, transfer Personal Information to external parties, or allow external parties to do so on the Website.  However, to the extent necessary for 1) proper functioning of  Website and improvement of the Services 2) compliance with any of the applicable laws, regulations, rules or any order of courts or other competent authorities or 3) due protection of the rights, property, or safety of us or other persons, the following parties shall be excluded from such promise: our affiliates and trusted third party vendors we engage to help us operating our Website, managing our business, or providing Services directly and indirectly to the Users, provided that such parties understand and agree to keep such Personal Information confidential, under appropriate confidentiality agreements. Nevertheless, your Personal Information will not be provided to external parties for marketing, advertising, or other purposes, unless an authorization is directly obtained from you.

Additionally, we have implemented international standards to prevent money laundering, terrorist financing and circumventing trade and economic sanctions and will implement applicable Digital Asset laws and regulations in any applicable jurisdiction(s) when effective, which may require us to undertake due diligence on our Users. This may include the use of third-party data and service providers which we may cross-reference with your Personal Information.

7. PROTECTION OF PERSONAL INFORMATION (INFORMATION SECURITY)

7.1 We adopt appropriate physical, electronic, technical and managerial measures to protect and safeguard Rails and you from unauthorized access, alteration, disclosure, or destruction of your Personal Information we collect and store.  We take various measures to ensure information security, including encryption of the 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 Information on a need-to-know bases for our employees and vendors who are subject to strict contractual confidentiality obligations. The security measures that we may take include but are not limited to:

7.2  To help us protect your Personal Information, you should maintain the secrecy of your logon ID and password you may have set up while using  the Services.  We shall not be held liable for damage or loss of any kind caused directly or indirectly by your own failure in maintaining the secrecy of your logon information.

8.1 Depending on the requested Services or as necessary and legitimate to complete any transaction or provide any Service you have requested, we may share your information with our affiliates, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Website and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any personally identifiable information with third parties and will not share any information with unaffiliated third parties.

8.2 Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes.

8.3 We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

9.1  Rails will retain and use your Personal Information for the period necessary to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law up to a maximum of 60 months.

9.2 Rails may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

9.3 Rails and its affiliates may be subject to various legal, compliance and reporting requirements, including but not limited to national AML requirements, and may record and store some of your personal and transactional data beyond the closure of your User Account.  Your Personal Information will only be accessed internally on a need to know basis, and it will only be accessed or processed if absolutely necessary.  We will constantly monitor and delete data that is no longer required by any relevant law or jurisdiction in which we operate.

10.1 Depending on your location, data transfers may involve transferring and storing your information in a country other than your own.

10.2 If you are a resident of the European Economic Area (“EEA”) and your data is transferred outside of the EEA, we ensure at least one of the following safeguards is implemented:

10.3 Please contact us if you want further information on the specific mechanism used by Rails when transferring your personal data.

11.1 If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information, we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

(i) You have the right to withdraw consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

(ii) You have the right to learn if your Personal Information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing.

(iii) You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete.

(iv) You have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this Policy.

(v) You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include: the accuracy of your Personal Information is contested by you and we must verify its accuracy; the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; we no longer need your Personal Information for the purposes of processing, but you require it to establish, exercise or defend your legal claims; you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, to exercise or defense of legal claims, for the protection of the rights of another natural, or legal person or for reasons of important public interest.

(vi) You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure such as where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, to exercise or defense of legal claims.

(vii) You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance from us, provided that such transmission does not adversely affect the rights and freedoms of others.

(viii) You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.

12.1 Consumers residing in California are afforded certain additional rights with respect to their Personal Information under the CCPA/CPRA. If you are a California resident, this section applies to you.

12.2 In addition to the rights as explained in this Policy, California residents who provide Personal Information as defined in the statute to obtain Services for personal, family, or household use are entitled to request and obtain from us, once a 12 month calendar year, information about the categories and specific pieces of Personal Information we have collected and disclosed.

12.3 Furthermore, California residents have the right to request deletion of their Personal Information or opt-out of the sale of their Personal Information which may include selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration. To do so, simply contact us. We will not discriminate against you if you exercise your rights under the CCPA/CPRA.

13.1 Requests to exercise your rights can be directed to:

Email Address:

legal@rails.xyz

Postal Address:

c/o Stuarts Corporate Services Ltd.

Attention: Rails Limited

P.O. Box 2510 Kensington House

69 Dr Roy’s Drive

Grand Cayman KY1-1104, Cayman Islands

13.3 Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.

You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

14.1 We may communicate company news, promotions, and information relating to our products and services provided by Rails. We may share your Personal Data with third parties to help us with our marketing and promotional projects, or sending marketing communications. By using the Website, you accept this Privacy Policy and you agree to receive such marketing communications.

14.2 Customers can opt out from these marketing communications at any moment. If you do not want to receive these communications, please send an email to legal@rails.xyz (enter, "Opt-Out of Marketing" in the subject line).

14.3 For product related communications, such as policy/terms updates and operational notifications, you will not be able to opt out of receiving such information.

15.1 Our Website and Services may include social media features, such as the Facebook and Twitter buttons, Share This buttons, etc. (collectively, “Social Media Features”). These Social Media Features may collect your IP address, what page you are visiting on our Website and Services, and may set a cookie to enable Social Media Features to function properly. Social Media Features are hosted either by their respective providers or directly on our Website and Services. Your interactions with these Social Media Features are governed by the privacy policy of their respective providers.

16.1 Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Website and Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your Personal Information.

17.1  When you use  the Services, we may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (hereinafter referred to as “Cookies”) on your computer or other devices used to engage  the Services.  We use Cookies to (i) help us recognize you as a customer, collect information about your use of the  Services to better customize our Services and content for you, and to collect information about your computer or other access devices as part to ensure our compliance with regulatory obligations and to (ii) ensure that your account security has not been compromised by detecting irregular or suspicious account activities.  We use both session and persistent Cookies.  Session Cookies expire when you log out of your User Account or close your browser.  Persistent Cookies remain on your computer or mobile device until deleted or otherwise expire.  Most web browsers are set to accept Cookies by default.  You are free to decline most of our session Cookies for each browser or browser add-on permit on each device you use to surf our Website, but choosing to remove or disable our Cookies may interfere with your use and functionality of the  Services.

18.1  At the sole discretion of Rails, we may amend this Privacy Policy from time to time by posting the amended version on our Website, publishing the effective date of the amended version, and highlighting amendments made.  We may announce such amendments to you via email, but you are strongly encouraged to review such Policy regularly.  If you do not agree with any of the amendments made, you shall stop using  our Services immediately.  Should you continue to use  the Services after we release an amended version of this Policy, your continued visit to  the Website shall indicate and show that you agree to the update and agree to comply with the updated Privacy Policy.

19.1 You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

20.1 If you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us using the details below:

Email Address:

legal@rails.xyz

Postal Address:

c/o Stuarts Corporate Services Ltd.

Attention: Rails Limited

P.O. Box 2510 Kensington House

69 Dr Roy’s Drive

Grand Cayman KY1-1104, Cayman Islands

We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by applicable data protection laws.