Privacy Policy

This Privacy Policy explains how LUMINARY DIGITAL CORP ("Luminary", "we", "us", or "our") collects, uses, discloses, and protects your personal information when you use our Canadian website at luminaryinc.com/ca and the services we provide. Capitalized terms not defined here have the meanings given in the terms that apply to your account.

Luminary Digital Corp is a company incorporated in British Columbia, Canada (incorporation number BC1416289) with its registered office at 422 Richards St., Suite 170, Vancouver, British Columbia, Canada, V6B 2Z4. Luminary Digital Corp is registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as a money services business (registration number M23398758) and is registered with the Bank of Canada as a payment service provider under the Retail Payment Activities Act. For the purposes of Canadian privacy law, Luminary Digital Corp is the organization responsible for your personal information.

This Policy reflects the Personal Information Protection and Electronic Documents Act (PIPEDA). Where substantially similar provincial private-sector privacy legislation applies to you, we comply with that legislation to the extent required.

1) Who This Policy Applies To

This Policy applies to visitors to our Canadian website and to clients and prospective clients of Luminary Digital Corp. Where another company in the Luminary group provides a service to you, the privacy notice of that company will apply to that service.

2) The Personal Information We Collect

We collect and process the following categories of personal information:

  • Identity and contact information: name, date of birth, nationality, address, email address, telephone number, and identifiers contained in identity documents.
  • Business information: where you act for a business, your role, the details of that business, and details of its beneficial owners and authorized persons.
  • Account and transaction information: account details, payment instructions, transaction history, balances, and, where you use virtual currency services, wallet addresses and virtual currency transaction records.
  • Verification and screening information: information collected to verify your identity and to meet our anti-money laundering, sanctions, and fraud-prevention obligations.
  • Technical and usage information: IP address, device and browser information, and information about how you use our website, collected through cookies and similar technologies as described in our Cookie Policy.
  • Communications information: records of your contact with us, including support enquiries and correspondence.

3) How We Collect Your Personal Information

  • Directly: from you, when you visit our website, apply for an account, or contact us;
  • Automatically: through cookies and similar technologies (see our Cookie Policy);
  • From third parties: from identity verification and screening providers, payment, banking, and virtual currency partners, and publicly available sources, where this is necessary to provide our services and meet our legal obligations.

4) Purposes and Consent

Canadian privacy law is based on consent. We identify the purposes for which personal information is collected at or before the time of collection, and we collect, use, and disclose your personal information only with your consent or as otherwise permitted or required by law. The purposes for which we process personal information are:

  • Providing our services: to set up and operate your account and to provide payment, foreign exchange, and virtual currency services. By applying for and using an account, you consent to the collection, use, and disclosure of personal information necessary for these purposes.
  • Legal and regulatory compliance: to meet our obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its regulations, the Retail Payment Activities Act, and related financial crime, sanctions, and reporting requirements. The law permits or requires us to collect, use, or disclose personal information without consent in certain circumstances, including reporting to FINTRAC, and in some cases we are prohibited from informing you that a disclosure has been made.
  • Business operations: to operate, secure, and improve our website and services, to prevent fraud, and to manage our business. We rely on express or implied consent as appropriate to the sensitivity of the information and your reasonable expectations.

You may withdraw your consent at any time, subject to legal and contractual restrictions and reasonable notice. Withdrawing consent may mean that we are unable to continue providing some or all of our services to you.

5) Marketing

Where we send you commercial electronic messages, we do so in accordance with Canada’s Anti-Spam Legislation (CASL), on the basis of your express or implied consent. Every marketing message we send identifies us and contains an unsubscribe mechanism. You can opt out of marketing at any time using the unsubscribe link in our communications or by contacting us, and we will give effect to your request within the time required by law.

6) Who We Disclose Your Personal Information To

We may disclose your personal information to:

  • other companies within the Luminary group, where necessary to provide our services and operate our business;
  • service providers who process information on our behalf, including identity verification, screening, technology, hosting, and customer support providers, under written agreements that require them to protect your information;
  • banking, payment, card, and virtual currency partners, where necessary to execute transactions and provide your account;
  • FINTRAC, the Bank of Canada, other regulators, law enforcement, and other authorities, where we are required or permitted to disclose information by law; and
  • professional advisers and, in the context of a corporate transaction, prospective buyers or investors, subject to appropriate confidentiality protections.

7) Transfers Outside Canada

Some of our service providers and group companies process personal information outside Canada. We remain accountable for personal information transferred to third parties for processing and use contractual and other measures to ensure that it receives a comparable level of protection while being processed. Personal information processed in another jurisdiction is subject to the laws of that jurisdiction and may be accessible to its courts, law enforcement, and national security authorities.

8) How Long We Keep Your Personal Information

We keep your personal information only for as long as necessary for the purposes set out in this Policy. Where we are subject to legal obligations, including record-keeping requirements under Canadian anti-money laundering legislation, we retain certain records for at least five years after the end of our relationship with you or after the relevant transaction, and longer where the law requires or where we need the records to establish, exercise, or defend legal claims.

9) How We Protect Your Personal Information

We use physical, organizational, and technological safeguards appropriate to the sensitivity of the information to protect your personal information against unauthorized access, loss, or misuse. Access to personal information is limited to those who need it to perform their role.

10) Your Rights

Under Canadian privacy law, you have the right to request access to your personal information and to be informed of how it has been used and disclosed; to challenge the accuracy and completeness of your information and have it corrected as appropriate; to withdraw your consent, subject to legal and contractual restrictions; and to challenge our compliance with applicable privacy law by contacting our Privacy Officer using the details below. We will respond to access requests within thirty days, as required by law, unless an extension applies. Some rights are subject to exceptions, including where information is protected by legal privilege, would reveal personal information about another individual, or where disclosure is prohibited by law.

11) Automated Screening

We may use automated tools to screen for fraud, money laundering, and sanctions risk. Where an automated assessment materially affects a decision about you, you may contact us to request additional information about the assessment and a review by a member of our team, except where the law prohibits us from providing that information.

12) Cookies

Our website uses cookies and similar technologies. Please see our Cookie Policy for full details.

13) Privacy Breaches

If a breach of our security safeguards creates a real risk of significant harm to you, we will report the breach to the Office of the Privacy Commissioner of Canada and notify you as required by law. We maintain records of privacy breaches in accordance with our legal obligations.

14) Changes to This Policy

We may update this Policy from time to time. The current version will always be published on our website, with the effective date shown above.

15) Contact and Complaints

If you have any questions about this Policy or wish to exercise your rights, please contact:

Luminary Digital Corp

Incorporation number BC1416289

422 Richards St., Suite 170, Vancouver, British Columbia, Canada, V6B 2Z4

Privacy Officer: dpo@luminaryinc.com

If you are not satisfied with how we handle your personal information, you have the right to file a complaint with the Office of the Privacy Commissioner of Canada (OPC), 30 Victoria Street, Gatineau, Quebec K1A 1H3, toll-free 1-800-282-1376, www.priv.gc.ca. We would ask that you contact us first so that we can try to resolve your concern.

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