PRIVACY STATEMENT
INTERPRETATION
1.1. In this Privacy Statement (“Privacy Statement”):
1.1.1. “Cookies” means small text files that are placed on Your computer or mobile device by websites that You visit;
1.1.2. “Indicator” shall mean the Stonksy indicator which can be purchased from Us via the Website for use on Trading View;
1.1.3. “Personal Data” means any information relating to an identified or identifiable natural person;
1.1.4. “Service” has the meaning given to that term in Clause 2.2;
1.1.5. “Toby” means Toby Analytics Ltd, trading as Stonksy, which is a company incorporated in the United Kingdom with registered number 15297637, whose registered office is at 7 Victoria Road, Tamworth, England, B79 7HS. The terms “We”, “Us” and “Our” also refer to Toby;
1.1.6. “Website” means Our website, which can be found at www.stonksy.io;
1.1.7. “You” shall mean the person visiting the Website and/or using the Indicator. The term “Your” also refers to You.
2. INTRODUCTION
2.1. Toby is committed to respecting and protecting Your privacy.
2.2. This Privacy Statement applies to Your access to, and use of, the Website and the Indicator, (collectively the “Service”).
2.3. This Privacy Statement explains how, why and when We collect and use Personal Data about those who visit the Website or use the Service, the circumstances in which We might disclose Your Personal Data to a third party, and how We keep Your Personal Data secure.
2.4. We also use Cookies; this Privacy Statement should be read in conjunction with Our Cookie Policy, which can be accessed on the Website.
3. THE INFORMATION WE COLLECT
3.1. Toby collects the following information:
3.1.1. information provided by users when an account is created including name, e-mail address, payment details and post code, and when participating in a survey;
3.1.2. the e-mail address of anyone who communicates with Us via e-mail in the context of a campaign or otherwise;
3.1.3. information relating to Your use of the Website and any mobile applications including, clicks, internal links, pages visited, scrolling, searches and timestamps;
3.1.4. information required to power Website analytics including details about Your browser, network, and device, web pages You visited prior to coming to the Website and Your IP address;
3.1.5. communications between You and Us;
3.1.6. details of any queries, complaints, claims and cases involving both Us and You including any related communications;
3.1.7. social media profiles, including when You enter into a competition;
3.1.8. wallet addresses if You participate in a giveaway or campaign;
3.1.9. anything else You might provide on a voluntary basis.
4. OUR USE OF THE INFORMATION COLLECTED
4.1. Toby uses the data collected for the following purposes:
4.1.1. to fulfil a contract or complete steps relating to it including the processing of Your registration on the Website, or sending You information relating to changes to our Terms and Conditions or other policies;
4.1.2. to the extent required in order to fulfil its legitimate purposes, including:
4.1.2.1. to facilitate Your access to the Website and the Indicator;
4.1.2.2. to contact You in relation to any products, services or features We may be offering;
4.1.2.3. to improve the service provided, including by way of research and development, and for internal business purposes including the verification of accounts, customer services and the syncing of accounts between devices;
4.1.2.4. to ensure the security of the Website including measures to prevent unauthorised access and malicious activity;
4.1.2.5. to enforce compliance with the Terms and Conditions and any other policies, if applicable;
4.1.2.6. to assist third parties with the enforcement of their rights, including in the event of a breach of copyright;
4.1.2.7. to tailor content, advertisements and offers that may be relevant to You, or for the purposes disclosed at the point when the information was collected; and
4.1.2.8. for training and monitoring purposes.
4.2. By providing the data collected, You will be deemed to have given Your consent to Our use of such data as outlined in this Clause 4.
4.3. If You do not want to receive marketing communications about Our products and services, You may opt out of this.
4.4. You can consent to receive marketing communications in a number of ways, including:
4.4.1. where You ask Us to send You such information via a medium which requires Your consent, for example push alerts on a mobile device;
4.4.2. where You give Us consent to use Cookies or similar technology; and
4.4.3. any other circumstances where We ask You for consent for any legitimate purpose.
4.5. Where We are legally compelled to do so, We may also provide third party access to Your Personal Data. We will also cooperate fully with any police investigations and other legal proceedings, to guard against the misuse of or unauthorised access to the Website, to limit Our legal liability, to protect Our rights, property or safety of users of the Website or any third party. In such circumstances, the data will be disclosed for that purpose alone.
5. HOW IS INFORMATION SHARED?
5.1. We will never sell Your Personal Data to third parties for commercial gain. We will only share Your Personal Data to enable Us to provide You with services or products You have requested, when We have Your permission to do so, and in the following circumstances:
5.1.1. it is necessary to share information in order to investigate, prevent or take steps in relation to actual or suspected illegal activity, fraud, potential threats to the safety of any person whatsoever, violation of the Terms and Conditions, or as required by law;
5.1.2. We provide Personal Data to trusted third parties for the sole purpose of processing such information and providing Us with services. Where this takes place, such third parties are subject to agreements which require them to process the data in accordance with Our instructions, this Privacy Statement and appropriate security and confidentiality measures;
5.1.3. We provide Personal Data to third parties who have entered into a non-disclosure agreement with Us;
5.1.4. We may share Personal Data with:
5.1.4.1. CryptoSavingExpert UAB, a company incorporated in Lithuania with registered number 306080554, whose registered office is at Švitrigailos g. 11K-109, LT-03228, Vilnius, Republic of Lithuania; and
5.1.4.2. Crypto Saving Expert Limited, a company incorporated in the United Kingdom with registered number 14574785, whose registered office is at 7 Victoria Road, Tamworth, Staffordshire, B79 7HS,
for marketing purposes. Both companies process data in accordance with all relevant data protection legislation;
5.1.5. We may aggregate, anonymise, and publish data for statistical and research purposes. This may include the compiling and sharing of information regarding the popularity of certain of Our products. In such instances, individuals will not be identifiable; and
5.1.6. So that users can benefit from the educational content, We may share video call recordings via Our discord server.
6. SECURITY
6.1. Toby takes steps to ensure the security of Your Personal Data. The Website is protected by reasonable technical safeguards as currently available; all Our data hosts and servers are similarly protected. We recommend that users amend their password regularly, and that they avoid using the same password for multiple websites and applications.
6.2. We cannot protect, and this Privacy Statement does not apply to, any data that You communicate to any third party. You should not transmit any personal or identifying data to any third party.
7. RETENTION OF PERSONAL DATA
7.1. We retain Personal Data for as long as necessary in order to provide the Service requested by You, or in accordance with any legal obligations on Our part to retain such data.
7.2. Personal Data associated with Your account will usually be retained until it is no longer required in order to provide the Service, until You ask Us to delete Your account, or You ask Us to delete the Personal Data, whichever occurs first. We may retain Personal Data associated with deleted accounts if required to do so in order to comply with the law, to prevent fraud, resolve disputes, deal with problems, aid investigations, enforce the Terms and Conditions and take any other actions permitted by law. Any and all data and Personal Data retained will be treated in accordance with this Privacy Statement.
8. MINORS
8.1. We do not knowingly collect data from children under the age of 18. No one under the age of 18 should submit data to Us without the prior consent of their parents or guardians. By using the Service, You are representing that You are at least 18 years old.
9. EU and EEA USERS
9.1. If You are resident in the European Economic Area, data protection law provides You with various rights, some of which apply generally and some of which apply in only limited circumstances as set out briefly below:
9.1.1. You have the right to ask Us for a copy of Your Personal Data;
9.1.2. You have the right to ask Us to rectify Personal Data You think is inaccurate. You also have the right to ask Us to complete Personal Data You think is incomplete;
9.1.3. in certain circumstances You have the right to ask Us to erase Your Personal Data;
9.1.4. in certain circumstances You have the right to ask Us to restrict the processing of Your Personal Data;
9.1.5. in certain circumstances You have the right to ask that We transfer the Personal Data You gave Us to a third party.
9.2. Should You wish to do so, You can ask Us not to send You marketing communications and not to use Your Personal Data when We undertake profiling for direct marketing purposes. You can opt out of e-mail newsletters and marketing communications by following the opt-out instructions provided to You in those e-mails. Messages relating to Your account will remain unaffected even if You opt out of marketing communications.
9.3. You will not be required to pay any charge for exercising Your rights. If You make a request under the data protection legislation, We will have one month in which to respond to You. We reserve the right to extend this deadline in the event the request is complex, or where We receive multiple requests from the same person.
9.4. Toby has appointed a designated individual in order to uphold Our commitment to the protection of individuals’ rights. If You wish to make a request under the data protection legislation, please contact Us on contact@stonksy.io.
10. COMPLAINTS
10.1. If You wish to raise a concern regarding Our collection or use of Your data, You can contact Us at any time. In such instances, please address any issues to Us at contact@stonksy.io. You may also have the right to raise any such concerns via Your local supervisory body.
10.2. Details of how to contact your local Information Commissioner’s Office in the United Kingdom can be found at www.ico.org.uk.
11. CHANGES
11.1. Toby may amend this Privacy Statement or any part of it, at any time, as required. You should check the Privacy Statement regularly so as to ensure You remain familiar with it.
Published: March 2024