1. Introduction
Acheron Pte. Ltd (a Singapore private limited company) and Acheron HK Limited (a Hong Kong private limited company) (collectively referred to as “Acheron Trading”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy (“Policy”). The terms “we”, “us” and “our” refer to Acheron Trading, or one of our affiliates. The terms “you” or “yours” refer to the person visiting https://acherontrading.com/ (the “Website”) and/or using the services as listed on our Website (the “Services”).
This Policy applies to you in relation to all personal data collected by us operating in the capacity of a data principal or data intermediary. For the purposes of this Policy, “Data Protection Legislation” shall mean the Singapore Personal Data Protection Act 2012 (PDPA), the General Data Protection Regulation ((EU) 2016/679) (GDPR), the Personal Data (Privacy) Ordinance, Cap 486 of the Laws of Hong Kong (PDPO), and any other directly applicable regulations relating to privacy. This Policy describes the types of information we may collect from you or that you may provide when you access the Website or use the Services and our practices for collecting, using, processing, and disclosing that information in accordance with Data Protection Legislation.
Please read this Policy carefully to understand our policies and practices regarding your personal data and how we will treat it. If you do not agree with our Policy, you must not access the Website, nor use the Services. If you decide to reject this Policy, you understand and agree that your decision to reject this Policy or the withdrawal of your consent to the collection, use, processing, and disclosure of your data may affect your access to the Website and use of the Services.
By accessing the Website or using the Services, you represent and warrant that you have read, understood, and agree to the terms of this Policy. This Policy may change from time to time (see Section 16 – “Changes to this privacy policy”). Your continued access of the Website and use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
2. Children's personal information
The Website and the Services are not intended for individuals under 18 years of age. No one under age 18 may provide any information to or on the Website or the Services. We do not knowingly collect personal information from individuals under 18. If you are under 18, do not use or provide any information on this Website or the Services, or through any of their features, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from an individual under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under 18, please contact us at dpo@acherontrading.com.
3. Type of data we collect
3.1 The personal data that we collect may include, but is not limited to:
Subscription for Services and Communication
Identity data, including your name, postal address, date of birth, nationality, country of residence, identity card/passport details, e-mail address, telephone number, name of the legal entity that you represent, profession, image, credit card and billing information to subscribe to our Services.
Your personal opinions made known to us via survey responses or feedback, or information (including call recordings) provided to our support team.
Tracking and Usage
Information about your internet connection, the equipment you use to access the Website, and technical and usage data, including data about your use of the Website (e.g. date, time and location of access to our website, “mouse events”, apps or newsletter, clicked pages/links or entries and comparable data), and the use of other technology on the devices (and the type of devices) you use to access our Website, including information collected through cookies and other tracking technologies.
Public Information
Information about you from public databases such as Financial Action Task Force (FATF), the Office of Financial Sanctions Implementation (OFSI), the European Union (EU), the United States Treasury Department’s Office of Foreign Assets Control (OFAC), United Nations Security Council (UN), Monetary Authority of Singapore (MAS), Hong Kong Monetary Authority (HKMA).
Information about you from ID verification service providers which use a combination of government records and publicly available information to verify your identity.
Information from the public blockchain data, including timestamps of transactios or events, transactions IDs, digital signatures, transaction amounts, and wallet addresses.
Marketing
Marketing and communications data, including your preferences in receiving marketing from us and/or our third parties and your communication preferences. You maintain the ability to opt out of direct marketing.
4. Representations
You shall ensure that all personal data submitted to Acheron Trading is true, complete, and accurate. Any omission or failure to do so, or any refusal to share the required personal data to comply with legal requirements or contractual obligations may prevent us from fulfilling the purposes stated in Section 5. If there is any change of your personal data, you have the obligation to update us immediately at dpo@acherontrading.com.
You represent and warrant us that, when providing personal data to us, (i) the relevant individual has been notified of the purposes for which the personal data will be collected, used, processed, and disclosed, and (ii) that you have obtained the relevant individual consent for the collection, use, processing, and disclosure of such personal data to Acheron Trading, and have been duly authorized by such individual to provide the personal data to us.
5. Purpose and legal basis
We collect, use, process, and disclose your personal data for any or all of the following purposes:
negotiation, conclusion and performance of a contract between us and you;
to fulfill or meet the reason you provided the information; for example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry; if you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery; we may also save your information to facilitate new purchase orders or process returns;
to create, maintain, customize, and secure your account with AcheronTrading;
to provide the Services to you or the legal entity that you represent;
to process payment or credit transactions;
to manage your relationship with us;
to ensure quality control of our Services and staff training;
to comply with and enforce know-your-customer (“KYC”) and know-your-transaction (“KYT”) policies and regulations, anti-money laundering and countering the financing of terrorism (“AML/CFT”) and other applicable obligations, laws and regulations (Please refer to our KYC terms of use for further information);
to verifying your identity to ensure you are authorized to act on behalf of your company and to comply with AML/CFT and sanctions law;
for our prudential and operational management (including risk management, compliance, audit, retention, archival);
to provide you with support and to respond to your inquiries, requests, applications, complaints, and feedback from your and/or the legal entity that you represent, including to investigate and address your concerns and monitor and improve our responses;
to personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message with your consent (as required by law - if you have given your consent, you can withdraw this consent at any time as set out in Section 10.2 c); such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal;. to help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business;
for testing, research, analysis, and product development, including to develop and improve our Website, products, and services;
to market products and services ancillary to the use of the Services, including notifying you of our marketing events, initiatives and promotions etc.;
in connection with the performance of our obligations when seeking consultancy or professional advice, including legal advice;
to respond to, assist in and comply with law enforcement requests, investigations and as required by any applicable law, court order, regulations, codes of practice, guidelines, and/or rules and as required by any governmental and/or regulatory authority;
to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred;
transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, for the aforementioned purposes;
for any other incidental business purposes related to or in connection with the above; and
for any other purpose with your consent.
5.1 If we process your personal data on the grounds of the legitimate interest, mentioned in Section 5(h) and 5(p) above, our interest is to nurture and develop our business (exercising our right to freedom of enterprise). If we process your personal data on the grounds of the legitimate interest, mentioned in Section 5(p) and 5(t) above (assisting law enforcement and/or governmental or regulatory agencies), our interest is to protect the safety of our employees or others, and/or our possessions.
5.2 We may request additional data from you to ensure that our Services are not used fraudulently or for any illicit activities. Such data would be necessary so that we can continue to provide our Services to you.
6. Disclosure and sharing of personal data
6.1 We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
6.2 Where necessary to fulfil our obligations in the course of or in connection with our provision of the Services to you, or to fulfill the other purposes listed above at Section 5, we may, from time to time, disclose personal data, whether inside or outside of Singapore and/or the European Economic Area (“EEA”), to third-parties such as:
to our subsidiaries and affiliates;
to agents, business partners, contractors, service providers, and other third parties we use to support our business, including our trusted third-party providers for storage and customer and backend management tools, as well as to our legal and compliance advisors;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of AcheronTrading’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by AcheronTrading about our website users is among the assets transferred;
to analytics and search engines providers that assist us in the improvement and optimization of the Website and the Services;
to public/ local/ international authorities, regulatory authorities, courts, dispute resolution tribunals, and governmental agencies;
to anyone we consider necessary to fulfill the purpose for which you provide it, on the condition that the disclosed personal data is kept confidential and not further disclosed;
to other parties authorized and consented to by you.
6.3 The purposes listed in Section 5 above may continue to apply even in situations where the relationship between us and you has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
6.4 Upon client boarding and from time to time, we may obtain information about you from third party-sources as required or permitted by the applicable legislation, such as public AML/CFT databases and ID verification services providers. We may obtain such information for purposes of verifying your identity and to comply with our AML/CFT obligations.
6.5 FOR THE AVOIDANCE OF DOUBT, PLEASE KNOW THAT WE DO NOT SELL PERSONAL DATA TO ANY THIRD PARTY.
7. Transfer of personal data overseas
We may transfer, store, process and/or deal with your personal data outside of Singapore and/or the EEA. In doing so, we shall comply with Data Protection Legislation. We shall ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under this Policy. If you wish to obtain more information on the safeguards we put into place for international transfer of personal data, please send an information request to dpo@acherontrading.com.
8. How long will we keep your data
We intend to keep your personal data for as long as necessary to (1) negotiate, conclude and perform the contract between us and you, (2) comply with our legal, compliance, accounting, AML/CFT or reporting obligations, and (3) within the context of a legal action or investigation that we might be a part of.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, potential risk of harm from unauthorized use or disclosure of your personal data, purposes for which we process your personal data and whether we can achieve those purposes through other means, and applicable legal requirements.
We process and store your data for the duration of the relevant commercial business relationship. This also includes your subscription to and the performance of the Services.
We shall cease to retain your personal data or remove the means by which the personal data can be associated with you as soon as it is reasonable to assume that such retention no longer serves the purposes listed at Section 5, and is no longer necessary for our business or audit purposes, or to comply with applicable laws and regulations.
In some circumstances you may ask us to delete your personal data. If the data is no longer required to meet contractual or statutory obligations and rights, it is regularly deleted unless its further processing - for a limited period - is necessary to fulfil the purposes listed in this policy, for example, due to an overriding legitimate interest. Such an overriding legitimate interest is deemed to be the case, for example, if it is not possible to delete the data as a result of a special type of storage such as with distributed ledger technology, or because it is only possible at an unreasonably great expense and processing for other purposes is excluded by appropriate technical and organizational measures.
In some circumstances we may anonymize 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. Security measures
We have in place appropriate technical and security measures in order to protect your personal data from unauthorized access, use, disclosure, amendment or erasure, in accordance with the provisions of the Data Protection Legislation.
To safeguard your personal data from unauthorized access, collection, use, disclosure, copying, amendment, disposal, or similar risks, we have introduced appropriate administrative, physical, technical and security measures such as up-to-date antivirus protection, encryption, and the use of privacy filters to secure all storage and transmission of personal data by us. We disclose your personal data both internally and to our authorized third-party service providers and agents only on a need-to-know basis.
You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we endeavor to protect the security of your personal data and are constantly reviewing and enhancing our information security measures.
10. Your rights
10.1 We undertake to keep your personal data confidential and to ensure that you may exercise your rights. You may exercise your rights by writing to us at dpo@acherontrading.com simply informing us of the reason for your request and the right that you wish to exercise. We will screen and verify any request and we may require you to provide supporting information or documentation to corroborate the request. Once you are verified, we shall give effect to your request within the timelines prescribed by the applicable laws and regulations. Also, you may review, correct, amend, or delete any part of your personal data from your account with Acheron Trading.
10.2 Notwithstanding the purpose or legal basis pursuant to which we process your personal data and other limits as provided by the Data Protection Legislation, you have the following rights as regards to your personal data that we process:
to request us information regarding the processing of your personal data, including to receive a copy of your personal data free of charge; for further copies requested by you, we may charge a reasonable fee based on administrative costs;
to request that we rectify the personal data that we hold; depending on the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement;
to withdraw your consent to the processing of your personal data, where we are processing the personal data regarding certain activities based on your consent (in particular regarding the receipt of direct marketing communications); such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal; you may withdraw your consent by writing us at dpo@acherontrading.com. Where we process your personal data on the basis of your consent, you have the right to withdraw your consent at any time. We will then stop the processing activity that is based (solely) on your consent.
to request that we erase your personal data; we shall erase such personal data, to the extent that it is no longer necessary for the purpose for which they were obtained, as explained above, or when we are no longer legally permitted to process them; for the avoidance of doubt, we may elect not to comply with such request if it conflicts with our obligations to comply with applicable laws and regulations or for the establishment, exercise, or defense of legal claims;
to request that we cancel or limit the processing of your personal data; in such case, the respective personal data will be marked and may only be processed by us for certain purposes;
to request receipt or transmission to another organization, receive the personal data concerning you which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those personal data to another entity without hindrance from us, where the processing is based on consent or performance of a contract;
to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we are required to no longer process your personal data;
to lodge a complaint with the competent data protection supervisory authority if your data privacy rights are violated, or if you have suffered as a result of unlawful processing of your personal data.
10.3 We will respond to your request as soon as reasonably possible. Where we are not able to respond to your request within 30 (thirty) days after receiving your request, we will inform you within the 30 (thirty) days of the date by which we should be able to respond to your request.
11. All necessary consents
For all personal data that you are submitting on behalf of key individuals and others during our KYC and KYT process, you shall be responsible to have all necessary appropriate consents in place to enable the lawful transfer of such personal data to us during the KYC and KYT process and for the duration and purposes of the agreement between us and the Applicant. You shall ensure that any relevant individual shall be informed of and shall consent to the content of this Policy.
Additionally, in compliance with applicable KYT regulations, you acknowledge that personal data may be used to monitor, analyze, and report on transaction patterns and behaviors to detect and prevent fraudulent activities, money laundering, and other illicit activities. You shall ensure that all relevant individuals are informed of and consent to these specific purposes for which their data may be processed, in accordance with regulatory requirements.
12. The consequences of failure to provide your personal data
If you choose not to provide us with your personal data or withdraw your consent to the processing of your personal data, we will respect your choice. However, this may result in the termination of our relationship as the absence of such data would make it impossible for us to provide the Services in accordance with the applicable laws and regulations. Please note that withdrawing consent does not affect our right to continue to collect, use, process, and disclose personal data where such collection, use, processing, and disclosure without consent is permitted or required under applicable laws and regulations.
13. Marketing communications
With your consent, you may, from time to time, receive various communications, including without being limited to newsletters, emails, text messages (“Marketing Communications”) that may include service updates, product and advertising and offers or promotions related to the Services. You have the right, at any time, to change your Marketing Communications preferences by contacting us.
In addition to the Marketing Communications, we may also send you important service information which we believe to be critical, for your access to the Website or use of the Services. In such cases, the information will be sent to you regardless of your preferences.
14. Cookies
A cookie is a small text file that stores Internet settings. Almost every website uses cookie technology. The cookie is downloaded by your Internet browser the first time you visit a website. The next time you visit this Website from the same device, the cookie and the information in it are either sent back to the originating website (first-party cookies) or to another website to which it belongs (third-party cookies). By that, the Website can detect that it has already been opened using this browser, and in some cases, it will then vary the content it shows.
Some cookies are extremely useful because they can improve your user experience when you return to a website you have already visited. This assumes that you are using the same device and the same browser as before; if so, cookies will remember your preferences, will know how you use the website, and will adapt the content you are shown so that it is more relevant to your personal interests and needs.
Based on what function cookies have and the purpose for which cookies are used, there are four categories of cookies: strictly necessary cookies, performance cookies, functional cookies, and marketing cookies.
14.1 Strictly necessary cookies
These are cookies that are essential to fulfil an action requested by you, such as identifying you as being logged in. If you prevent these cookies by adjusting your browser settings, we cannot guarantee how our Website will perform during your visit. These cookies are essential in order to enable you to move around the Website and use its features. Your consent is not required for the use of strictly necessary cookies.
14.2 Performance cookies
These are cookies used to improve our Website, for example, for analytics that let us see how a website is being used and where to make improvements, including the number of visitors, where visitors have come from to the website and the pages visited. These cookies do not save information that would allow the user to be identified. The collected information is aggregated, and therefore anonymous. These cookies are used exclusively to improve the performance of the website, and with it the user experience.
14.3 Functionality cookies
These cookies enable a website to save information which has already been entered (such as usernames, languages choices, and your location), so that it can offer you improved and more personalized functions. Functional cookies are also used to enable features you request such as playing videos. These cookies collect anonymous information and cannot track your movements on other websites.
14.4 Targeting and advertising cookies
These cookies track browsing habits and are used to deliver targeted (interest-based) advertising. They are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. They remember whether you have visited a website or not, and this information can be shared with other organizations such as advertisers (this includes advertising technologies on websites such as Facebook, LinkedIn and Twitter). Cookies for improving group targeting and advertising will often be linked to site functionality provided by other organizations.
14.5 Web beacons are small, transparent graphic images that are delivered through a web browser or HTML e-mail. Web beacons may include GIF or PNG images, pixels, javascript, or other tags, which are used to track visitor activity on a particular website, or the viewing of a particular e-mail. We may also use other tracking mechanisms such as web beacons to collect marketing statistics.
14.6 We use cookies on the Website to record usage patterns and trends and customize user experience. We may engage third-party service providers to assist in such purposes or allow third parties to use cookies on the Website to collect the same type of personal data for the same purposes. We do not have access to or control over the cookies these third-parties use. However, such third-party service providers may not disclose personal data obtained in the course of their engagement to any other parties.
14.7 You may at any time “opt out” of Acheron Trading’s use of cookies, web beacons or other tracking mechanisms through your browser settings. However, disabling such features may prevent you from using certain features or taking full advantage of all of our offerings on our Website.
14.8 For more information about cookies, including how to set your internet browser to reject cookies, please visit http://cookiecentral.com. For more information about the cookies we use, please contact dpo@acherontrading.com.
14.9 We store this cookie data until the end of the term of a particular cookie or until the cookies are deleted by you.
15. Links to third party websites
The Website may also contain links to websites operated by other companies, including websites operated by our third-party service providers, and unrelated third parties. This privacy policy does not apply to personal data collected on any of these other websites. When you access third-party websites through a link on our Website, please review the privacy policy posted on that website. We shall not be responsible for the collection, use, processing, and disclosure of personal data by such third-party websites.
16. Changes to this privacy policy
We may modify, update, or revise this Policy. We reserve the right to do so, at any time and without prior notice, by posting the revised version on our Website. These changes will be effective as of the date we post the revised version on our Website. They will apply only to the personal data we collect after we posted the revised version. Your use of our Website following any such change constitutes your consent to the terms of the revised Policy. It is your responsibility to review this Policy regularly.
17. Breach
In the event of a breach of security in respect of your personal data and to the extent required by Data Protection Legislation, we will as soon as reasonably practicable provide notice of such breach to you, setting out the extent of the breach, the affected personal data and any steps taken by us to remedy and limit the consequences of the breach.
18. No liability
Nothing in this Policy shall be construed as AcheronTrading providing an indemnity to you in relation to any personal data or use thereof. To the extent permitted by the applicable law, we expressly exclude liability or any losses which you may suffer on account of our collection, use, processing, or disclosure of personal data in accordance with this Policy. We expressly exclude any liability to you which are in the nature of indirect or consequential losses, special losses, loss of profits, loss of contracts, loss of reputation or goodwill, or other tangential or intangible losses that you may suffer on account of a breach of this Policy by us or any of our agents, business partners, or service providers.
19. Contact information
If you have questions or concerns regarding this privacy policy, please contact our Data Protection Officer at dpo@acherontrading.com.