Privacy Policy

UPDATED ON MAY 23, 2018

Scope and Consent

This policy describes the ways BitPay, Inc. and its subsidiaries (hereinafter, “BitPay”, “we”, “our” or “us”) collect, store, use and protect Personal Data. The purpose of this policy is to ensure that BitPay complies with applicable United States (US) federal and state regulations, and European Union (hereinafter, “EU”) data protection laws such as the General Data Protection Regulation (hereinafter, “GDPR”). BitPay’s Services include merchant processing services, products, or any other features, technologies or functionalities (hereinafter: “Services”) offered by BitPay, Inc.

This policy describes the ways BitPay, Inc. and its subsidiaries (hereinafter, “BitPay”, “we”, “our” or “us”) collect, store, use and protect Personal Data. The purpose of this policy is to ensure that BitPay complies with applicable United States (US) federal and state regulations, and European Union (hereinafter, “EU”) data protection laws such as the General Data Protection Regulation (hereinafter, “GDPR”). BitPay’s Services include merchant processing services, products, or any other features, technologies or functionalities (hereinafter: “Services”) offered by BitPay, Inc. Users accept this Policy by visiting our website and/or by using our Services.

There are six types of data subjects whose personal data we may process:

  1. Visitors of our websites (bitpay.com, bitcore.io, copay.io);
  2. Merchants that sign up for our Services;
  3. Shoppers who indirectly interface with BitPay when paying a merchant’s invoice that is forwarded by BitPay to merchants during checkout (refer to Section III.3 for more details);
  4. BitPay cardholders that have signed up for a BitPay Prepaid Visa® Debit Card;
  5. BitPay wallet users that have downloaded and installed either the BitPay or Copay app on their mobile device;
  6. Shoppers who indirectly interface with BitPay when requesting a cryptocurrency withdrawal via a Merchant that is using BitPay’s Services.

What is “personally identifiable information?”

“Personally Identifiable Information” (hereinafter: “Personal Data”) is any information that can be directly associated with a specific person and can be used to identify that person. A prime example of identifiable information is a person’s name.

What kind of personal data do we collect?

The Personal Data we collect depends on the type of user:

  1. Visitors: We may collect the following Personal Data for visitors of our websites (https://www.bitpay.com, https://www.bitcore.io, https://www.copay.io):
    • IP address
    • Email address (e.g. when you subscribe to our blog or opt in to receive other marketing materials)
    • Phone number (e.g. when you contact our sales team or media team or opt in to our media list)
    • Name (e.g. when you submit a support request)

    We may collect information about a visitor’s computer or other access devices for fraud prevention purposes.

  2. Merchants: When opening an account, we may collect the following types of Personal Data of the beneficial owner or any user that is added to the account:
    • Name
    • Email address
    • Date of birth
    • Identification documents (such as a passport or driver’s license)

    We may use this Personal Data for risk-management purposes (i.e. to verify merchant’s identity or address). We may also obtain information about our merchants from third parties such as credit bureaus and identity verification services. We ensure that such third parties adhere to the same data protection principles as BitPay.

  3. Shoppers of merchants: When a shopper is paying a BitPay invoice, the following Personal Data is captured:
    • Email address
    • IP addresses used to view the BitPay invoice

    The email address is either automatically provided by the merchant or manually entered by the shopper. This enables our system to send an email to Shoppers directly to obtain a cryptocurrency refund address in case of a payment exception (e.g. overpayments, underpayments, etc.). This creates a more seamless payment experience for both the merchant and the shopper.

    Additionally, only upon the merchant’s explicit request, we will collect and store Personal Data for the merchant’s benefit only and as a service through our invoicing service. Personal Data that merchants may request from the shoppers are:

    • Name
    • Address
    • Phone number

    Additionally, for donations that are made through BitPay’s processing platform, the merchant might opt for BitPay to collect the following Personal Data as required by the US Federal Election Commission (FEC) or other applicable local regulations:

    • Donor’s name
    • Donor’s email address
    • Donor’s address
    • Donor’s phone number
    • Donor’s employer
    • Donor’s job title
    • Donor’s city of employment

    In all cases mentioned above, Shoppers’ or Donors' information is processed and stored according to the same principles as we process / store our merchant’s Personal Data.

  4. Cardholders: When a user signs up for a BitPay Visa® Prepaid Card, the following information is collected as part of the onboarding program:
    • Name
    • Address
    • Date of birth
    • IP address
    • Phone number
    • Email address
    • Social Security Number

    Please note that our Card Program is currently only available to US residents. BitPay only stores date of birth and social security number until the time the card application is accepted or archived.

  5. Wallet holders: For wallet holders, BitPay collects the following Personal Data:
    • Email address

    The email address collection is optional in case the user would like to receive email notifications and (if selected) BitPay news and product updates and can be removed at any point in time.

  6. Shoppers that use BitPay’s cryptocurrency withdrawal service: The following Personal Data is collected for shoppers that would like to process more than 3000 USD per day:
    • Name
    • Email address
    • Identification documents (such as a passport or a driver’s license)
    • Proof of address document (such as a bank statement or a utility bill)

Sensitive or special categories of personal data

BitPay does not process any sensitive personal information, such as religion, race, ethnicity and/or political views.

Why we collect personal information

Our primary purpose for collecting Personal Data is to provide you with a secure, smooth, efficient, and customized experience. We may use your Personal Data to:

  • comply with applicable laws and regulations;
  • provide the BitPay Services and customer support you request;
  • process transactions and send notices about your transactions;
  • resolve disputes, collect fees, and troubleshoot problems;
  • prevent potentially prohibited or illegal activities, and enforce our Terms of Use;
  • customize, measure, and improve the BitPay Services and the content and layout of our website and applications;
  • deliver targeted marketing, service update notices, and promotional offers based on your communication preferences;
  • compare information for accuracy and verify it with third parties.

How we protect and store personal information

We take security of data very seriously. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to Personal Data only for those employees who require it to fulfill their job responsibilities.

In addition to this Privacy Policy, we have several other (internal) policies and procedures in place that deal with data security:

  • IT Security Policy: This policy describes how we store and process your Personal Data on our servers in the United States and elsewhere in the world where BitPay facilities are located. It also describes how we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations, and EU data protection laws.
  • Incident Response Policy: This policy describes our response to an information security incident.
  • Data Breach Policy: This policy specifically describes what steps will be taken by us in case of a data breach. This includes notifying the supervisory authorities and the affected data subjects when required.
  • Business Continuity and Disaster Recovery Policy: This policy describes how we recover from a disaster and what steps will be taken to continue or resume routine business operations.
  • Cookie Policy: This policy describes how BitPay uses cookies to customize the BitPay Services, content and advertising; measure promotional effectiveness, and promote trust and safety.

Data retention

We are a regulated Financial Institution in the United States and per the applicable Bank Secrecy Act provisions, we will retain Personal Data that has been obtained as a part of our Customer Identification Program for a period of 5 years after an account has been closed or became dormant.

How we share personal data with third parties

We may share your Personal Data with:

  • Other BitPay entities, in order to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services and communications;
  • Service providers under contract who help with our business operations. We will make sure that these third parties have appropriate internal controls in place to protect any Personal Data that might be transferred;
  • Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to BitPay; or when we believe, in our sole discretion, that the disclosure of Personal Data is necessary to report suspected illegal activity or to investigate violations of our Terms of Use.
  • In cases of suspected fraud or in connection with an ongoing investigation, we may share certain shopper information with our merchants.

Please note that these third parties may be in other countries where the laws on processing Personal Data may be less stringent than in your country. We deploy the following safeguards if we transfer Personal Data originating from the European Union or Switzerland to other countries not deemed adequate under applicable data protection law:

  • E.U.-U.S. Privacy Shield: To comply with EU data protection laws, BitPay Inc. self-certified under the E.U.-U.S. Privacy Shield. These frameworks were developed to enable companies to comply with data protection requirements when transferring Personal Data from the European Union and Switzerland to the United States. For more information about the Privacy Shield Program, please visit http://www.privacyshield.gov/welcome.
  • EU Model Clauses: BitPay offers EU Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our merchants or third parties that operate in the European Union. Please contact BitPay (dpo@bitpay.com) if you wish to use this option.

How data subjects can access or change their personal data

Individuals located in the European Union have statutory rights in relation to their Personal Data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Personal Data. If you are located in the European Union and would like to exercise the right of access, you can make a request via our support form which can be found here: https://help.bitpay.com/requestHelp.

Merchants can review and edit their information by logging in to their account and reviewing their Personal Data under the Settings tab on the Dashboard. If you wish to change information relating to your industry or company website, or if you wish delete your account, you can send an email to compliance@bitpay.com or submit a request at help.bitpay.com/requestHelp. If you choose to delete your BitPay account, we will mark your account in our database as "Closed". We will retain the information on the account in line with the data retention principles as outlined in Section VII.

Marketing

We do not sell your Personal Data to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize the BitPay Services, content and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, you can simply click the “unsubscribe” link at the bottom of the e-mail or you can send an email to marketing@bitpay.com.

Contact

To communicate with our Data Protection Officer, please email dpo@bitpay.com. Subject to applicable law, you also have the right to lodge a complaint with your local Data Protection Authority or the Dutch Data Protection Commissioner, which is BitPay’s lead supervisory authority in the EU. If you are residing within the European Union and believe we maintain your Personal Data within the scope of the GDPR, you may direct questions or complaints to our lead supervisory authority:

Autoriteit PersoonsgegevensPostbus 93374

2509 AJ Den Haag

Netherlands

Phone (+31) - (0)70 - 888 85 00

Fax: (+31) - (0)70 - 888 85 01

How we use cookies

What are cookies?

A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to “remember” your actions or preferences over time. Most browsers support cookies, but you can set your browser to decline them and can delete them whenever you like.

What type of cookies do we use?

When you access our website, we, or companies we hire to track how our website is used, may place small data files called “cookies” on your computer. We and our service providers also use cookies to customize the BitPay Services, content and advertising; measure promotional effectiveness, and promote trust and safety.

We send a “session cookie” to your computer when you log in to your account or otherwise use the BitPay Services. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we do not need to ask you for your password on each page. Once you logout or close your browser, this cookie expires and no longer has any effect.

We also use longer-lasting cookies for other purposes such as to display your email address on our login page, so that you don't need to retype the email address each time you login to your account.

We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our website. We may also collect information about your computer or other access device to mitigate risk and for fraud prevention purposes.

You may encounter cookies from third parties when using the BitPay Services on websites that we do not control (for example, if you view a web page created by a third party or use an application developed by a third party, there may be a cookie placed by that web page or application.)

Managing your cookie settings

You can manage cookies through the settings of your Internet browser. You can have the browser notify you when you receive a new cookie, delete individual cookies or delete all cookies. Please note that, if you choose to delete BitPay cookies, your access to some functionalities and areas of our website may be degraded or restricted.

For more information on cookies and how to opt-out of them, please visit the following third party website: Your Online Choices.

Changes to this policy

We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes any substantial changes to the manner in which your Personal Data will be processed, we will provide you with 30 days prior notice by posting notification of the change on the “Privacy Policy” area of our website.

Questions about privacy? Please contact us.

If you have questions concerning this Privacy Policy, please feel free to send us an email at compliance@bitpay.com.

The BitPay Visa® Prepaid Card is issued by Metropolitan Commercial Bank, member FDIC, pursuant to a license from Visa, U.S.A. Inc. “Metropolitan” and “Metropolitan Commercial Bank” are registered trademarks of Metropolitan Commercial Bank © 2014. Use of the Card is subject to the terms and conditions of the applicable Cardholder Agreement and fee schedule, if any.