As of October 2022
In the following, we inform you about the processing of personal data when using our platform in addition to our general data protection declaration.
The responsible person within the meaning of the General Data Protection Regulation (GDPR) and other data protection regulations is:
NYALA Digital Asset AG
Joachimsthaler Str. 30
10719 Berlin
Germany
Tel.: 030403631840
E-mail: info@nyala.de
Website: www.nyala.de
The data protection officer of the data controller is:
Secjur GmbH
Niklas Hanitsch
Steinhöft 9
20459 Hamburg
+49 40 228 599 520
Website: dsb@secjur.com
On this page we inform you about the data protection provisions applicable in the NYALA Custody Platform. The platform’s technology is provided by NYALA Digital Asset AG, Joachimsthaler Str. 30, 10719 Berlin, Germany (“NYALA Digital Asset AG”, “we” or “us”).
1. Scope of the processing
The platform is used to provide the customer with access to a software solution (crypto custody solution) and to enable the management of institutional and end investor accounts (wallets). The following personal data is requested to create a profile:
– IP address
– Last name
– First name
– E-mail address
The data is always transmitted via a TLS-secured channel.
2. Purpose of the processing
The processing serves to fulfil the service, to ensure the function and to improve the platform.
3. Legal basis for the processing of personal data
The processing is necessary to protect a legitimate interest of our company or a third party and is based on Art. 6 (1) sentence 1 lit. f GDPR as the legal basis for the processing.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) sentence 1 lit. b GDPR serves as the legal basis.
4. Data deletion and storage period
The personal data collected by us for the service will be stored for the duration of the project and deleted in accordance with Art. 6 (1) sentence 1 lit. c GDPR after expiry of the tax and commercial law retention and documentation obligations (from the German HGB, StGB or AO), unless you have consented to further storage in accordance with Art. 6 (1) sentence 1 lit. a GDPR.
5. Possibility of objection and removal
The user may exercise his/her right of revocation at any time by sending an e-mail to legal@nyala.de. Should the user object to the processing of his/her personal data for the purpose of fulfilling the service, he/she will not be able to use the service.
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. Right to information
You may request confirmation from the controller as to whether personal data concerning you are being processed by them.
If there is such processing, you can request information from the controller about the following:
– the purposes for which the personal data are processed;
– the categories of personal data which are processed;
– the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
– the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage duration;
– the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted by the controller or a right to object to such processing;
– the existence of a right of appeal to a supervisory authority;
– any available information on the origin of the data if the personal data are not collected from the data subject;
– the existence of automated decision-making, including profiling, pursuant to Art. 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 of the GDPR in connection with the transfer.
2. Right of rectification
You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
3. Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
– if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
– the processing is unlawful and you refuse the erasure of the personal data and instead request the restriction of the use of the personal data;
– the controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims, or
– if you have objected to the processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.
Where the processing of personal data relating to you has been restricted, those data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You may request the controller to erase the personal data concerning you without delay and the controller is obliged to erase this data without delay if one of the following reasons applies:
– The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
– You revoke your consent on which the processing was based pursuant to Art. 6 (1) sentence 1 lit. a or Art. 9 (2) lit. a GDPR and there is no other legal basis for the processing.
– You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
– The personal data concerning you has been processed unlawfully.
– The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
– The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 (1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to, or copies or replications of, that personal data.
c) Exceptions
The right to erasure does not exist insofar as the processing is necessary
– to exercise the right to freedom of expression and information.
– for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
– for reasons of public interest in the area of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) of the GDPR, where the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
– for the assertion, exercise or defence of legal claims.
5. Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the controller.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that
a) the processing is based on consent pursuant to Art. 6 (1) sentence 1 lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract pursuant to Art. 6 (1) sentence 1 lit. b GDPR and
b) the processing is carried out with the aid of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6 (1) sentence 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
a) is necessary for the conclusion or performance of a contract between you and the responsible person,
b) is authorised by legislation of the Union or the Member States to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or
c) is done with your express consent.
However, these decisions must not be based on special categories of personal data pursuant to Art. 9 (1) of the GDPR, unless Art. 9 (2) lit. a or b of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in a. and c. above, the controller shall take reasonable steps to safeguard the rights and freedoms of, and your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
1. Description and scope of data processing
Each time our platform is called up, our system automatically collects data and information from the operating system of the calling device.
The following data is collected:
– The IP address of the user
– Date and time of access
This data is stored in the log files of our system. This data is not stored together with other personal data of the user.
2. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the platform to the user’s device. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files takes place in order to ensure the functionality of the platform. In addition, we use the data to optimise the platform and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 (1) sentence 1 lit. f GDPR.
3. Legal basis for the data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 (1) sentence 1 lit. f GDPR.
4. Duration of the storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the platform, this is the case when the respective session has ended.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.
5. Possibility of objection and removal
The collection of data for the provision of the platform and the storage of the data in log files is mandatory for the operation of the platform. The user can object to this. Whether the objection is successful is to be determined within the framework of a balancing of interests.
1. Description and scope of data processing
Within our platform, it is possible to contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be stored.
The data is used exclusively for processing the conversation.
2. Purpose of the data processing
In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.
3. Legal basis for the data processing
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 (1) lit. f GDPR. If the email contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b GDPR.
4. Duration of the storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.
5. Possibility of objection and removal
If the user contacts us by email, he or she can object to the storage of his or her personal data at any time by emailing legal@nyala.de. In such a case, the conversation cannot be continued.
All personal data stored in the course of contacting us will be deleted in this case.
1. Description and scope of data processing
On our platform, we offer users the opportunity to register by providing personal data. The data is entered in an input mask and transmitted to us and stored. The data is not passed on to third parties. The following data is collected during the registration process:
– E-mail address
– Last name
– First name
– IP address
– Date and time of registration
2. Purpose of the data processing
Registration of the user is necessary for the fulfilment of a contract with the user or for the implementation of pre-contractual measures.
To use the NYALA Custody Platform, it is necessary to register with your own profile after invitation by your company admin.
3. Legal basis for the data processing
If the registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the legal basis for the processing of the data is Art. 6 (1) sentence 1 lit. b GDPR.
4. Duration of the storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.
This is the case for the data collected during the registration process for the fulfilment of a contract or for the implementation of pre-contractual measures when the data is no longer required for the implementation of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contractual partner in order to comply with contractual or legal obligations.
5. Possibility of objection and removal
As a user, you have the option of cancelling your registration at any time by sending an e-mail to legal@nyala.de. You can have the data stored about you changed at any time. To delete or change your personal data, please send an e-mail to legal@nyala.de.
If the data is required for the fulfilment of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.
1. Scope of data processing
We use the possibility of company presences on professional networks. We maintain a company presence on the following professional network:
LinkedIn:
LinkedIn, Unlimited Company Wilton Place, Dublin 2, Ireland
To ensure appropriate safeguards for the protection of the transfer and processing of personal data outside the EU, so-called standard contractual clauses (Art. 46 (2) sentence 1 lit. c GDPR) have been concluded with LinkedIn.
On our site, we provide information and offer users the opportunity to communicate.
The company website is used for applications, information/PR and active sourcing.
We do not have any information on the processing of your personal data by the companies jointly responsible for the corporate presence. You can find more information on this in the privacy policy of:
LinkedIn:
https://www.linkedin.com/legal/privacy-policy
If you carry out an action on our company website (e.g. comments, posts, likes, etc.), you may make personal data (e.g. clear name or photo of your user profile) public.
2. Legal basis for the data processing
The legal basis for the processing of your data in connection with the use of our company website is Art.6 (1) sentence 1 lit. f GDPR.
The legal basis for the processing of your data in connection with the use of our company website for the application procedure is Art. 6 (1) sentence 1 lit. b Alt. 1 GDPR and Sec. 26 (1) sentence 1 of the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG).
3. Purpose of the data processing
Our company website serves to inform users about our services. In doing so, every user is free to publish personal data through activities.
4. Duration of the storage
We store your activities and personal data published via our corporate website until you object to the processing. In addition, we comply with the statutory retention periods.
5. Possibility of objection and removal
You can object at any time to the processing of your personal data that we collect in the course of your use of our company website and assert your data subject rights as stated under IV. of this data protection declaration. To do so, send us an informal email to the email address stated in this data protection declaration.
You can find more information on objection and removal options here:
LinkedIn:
https://www.linkedin.com/legal/privacy-policy
The platform is hosted on servers of a service provider commissioned by us.
Our service provider is:
Amazon Web Services, Inc.
410 Terry Avenue North
Seattle WA 98109
United States
The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the platform. The information stored is:
– Browser type and version
– Operating system used
– Referrer URL
– Host name of the accessing computer
– Date and time of the server request
– IP address
This data is not merged with other data sources. The collection of this data is based on Art. 6 (1) lit. f GDPR. The platform operator has a legitimate interest in the technically error-free presentation and optimisation of its platform – for this purpose, the server log files must be collected.
We have concluded an order processing contract with the relevant service provider, in which we oblige the relevant service provider to protect user data and not to disclose it to third parties.
The location of the website’s server is geographically in Germany.
This privacy policy was created with the support of DataGuard.