1. Who this policy applies to and what it covers

This Policy applies to individuals who register personal information or enter into any transaction with us using any kiosk, website, application (including mobile application"), software, or service of ours that hyperlinks to this Policy (we call these our "Services").

"We" and "us" and similar expressions refer to Instacoin Canada in the case of any individual accessing our services in any province or territory of Canada outside Quebec, and to Instacoin Quebec in the case of any individual accessing our services in Quebec.

Within our Services, there may be links to third-party websites or applications. We are not responsible for the content or privacy compliance of third-party websites or applications. You should check those websites or applications for their privacy statements and terms that apply to them.

Our Services are not aimed at children. We prohibit access to our services by anyone who is less than 18 years old.

2. Who we are

"Instacoin" and "Instacoin ATM" are licensed trademarks of the Instacoin Group. The Instacoin Group includes, among others, Instacoin ATM Quebec Inc. ("Instacoin Quebec") and Instacoin ATM Canada Inc. ("Instacoin Canada"). When we refer to Instacoin, we may use "we", "our", "us" and similar terms, and when we do, we mean Instacoin Canada where an operation is undertaken outside Quebec, and Instacoin Quebec where an operation is undertaken in Quebec. The Instacoin Group also includes "Instacoin Direct", a service offered by our affiliate, Instacoin Capital Inc. Where permission is given or a customer accesses the services of Instacoin Direct from our website, we may share information with Instacoin Direct.

Each of Instacoin Canada and Instacoin Quebec is a Canadian federal corporation. Because our activities involve "dealing in virtual currencies," we have registered under, and comply with, Canada's Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the "PCMLTFA"). Instacoin Quebec is also subject to and registered under Quebec's Money-services Businesses Act (the "MSBA"). Businesses such as ours are sometimes referred to as "money services businesses" or "MSB's". MSB's must monitor, record and report activities and transactions in accordance with the PCMLTFA, laws governing sanctions, restrictions on dealings with Politically-exposed Persons, Canada's Criminal Code, and other relevant law relating to money laundering, including the MSBA in Quebec ("Anti-Money Laundering Law").

Reports and other information are given to the Financial Transactions and Reports Analysis Centre of Canada ("Fintrac"), or to the Autorité des marchés financiers in Quebec, or to both.

3. What we do

We buy and sell selected virtual currencies at our kiosks across Canada. Purchases and sales are made for our own account. We do not operate an exchange or act as an agent for any customer, third-party buyer or seller of virtual currency.

For legal and historical reasons, our kiosks are sometimes referred to as "ATM's". However, our Services are different from the services offered by conventional ATM networks. A conventional ATM is an "automated teller machine". Conventional ATM's give customers access to an account they maintain with a financial institution, just as a teller would at the branch of a financial institution. We are not a financial institution and do not take deposits or provide for withdrawals or payments from any customer account.

Some of our transactions may be initiated remotely, by accessing tools on our website. These tools serve only to alert us to orders that may be processed at one of our kiosks. We do not process any transaction online.

We may refer to a customer who uses the Services or contacts us, as "you" or "your", or using similar terms.

We make use of personal information as instructed or authorized by our customers. For all enquiries or instructions relating to personal information, customers may contact us as follows:

Privacy Policy Contact:
Instacoin ATM Inc.
1592 Jarry E., Suite 1000
Montréal, Québec H2E 1B2
Canada

Attention: Privacy Officer

4. Sources of personal information

We may collect personal information about you from your interactions with us, including your use of the Services. We may also collect information from certain third parties and other sources (including publicly available sources where permissible).

We may obtain personal information about you:

  • From your use of the Services and interactions with us (please note that, for compliance and quality assurance purposes, we may record or monitor your use of one of our kiosks, and your telephone calls to our representatives)
  • From our servers, logs and other technologies that automatically collect system/device and usage information to help us administer, protect and improve our Services, analyze usage and improve users' experience
  • From Instacoin Direct and our other affiliates with whom you have conducted any business
  • Through cookies and similar technologies if included on our Services
  • From payment networks and partners and service providers who work with us in relation to your Service
  • From publicly available sources such as blockchains and the internet, public websites, open government databases or other data in the public domain, to help us verify and maintain data accuracy and provide and enhance the Services

5. Types of personal information we collect

Some transactions with us may require us to obtain and validate personal information, including information needed to verify that all transactions limits are respected and that our Services are not being used to abet criminal activity. We may also be required to obtain, validate, and report personal information about you and the Services we provide to you under Anti-Money Laundering Law.

Depending on several factors, including the amount of any transaction at one of our kiosks, and the cumulative daily volume of transactions by a customer or at a kiosk, we collect and verify personal information including the following:

  • Transactions with us or transactions and accounts with Instacoin Direct
  • Wallet and public blockchain addresses, transactions, or accounts
  • Name and contact data, such as, first and last name, email address, postal address, phone number, and other similar contact data
  • Information required by cybersecurity services
  • Device information, such as information about your device including IP address, location or provider
  • Payment information, such as your means of payment or our payments to you

6. Use or disclosure of personal information

We use or disclose personal information to provide and improve Services and for other purposes that are in our legitimate interests, as well as for compliance purposes, including compliance with Anti-money Laundering Law.

When we use personal information about you, we do so in order:

  • To perform the Service you have requested or to comply with the terms and conditions governing the Service
  • To furnish information required by third parties who provide services to us or to you in accordance with the terms and conditions governing our Services
  • To take steps or refrain from taking steps that you have authorized
  • To comply with the law, including Anti-Money Laundering Law and any lawful warrant or seizure, and to comply with the policies we have implemented under Anti-Money Laundering Law (our "AML-CTF Policy).

You are welcome to contact us for further information on the legal grounds that we rely on in relation to any specific processing of your personal information.

7. No Marketing Use

We do not use, process or sell any personal information for commercial purposes unrelated to our Services. We do not carry out or make available personal information for interest-based advertising campaigns. Whenever required by law, we will give you the option to opt out of any marketing messages we might deliver.

8. Security and retention of personal information

We take the security of personal information seriously and we use appropriate technologies and procedures to protect personal information (including administrative, technical, and physical safeguards) according to the risk level and the Service provided.

We retain your information where required in accordance with our records retention schedule based on a classification scheme consisting of business functions, record classes, and record types, including legal limitation or prescription periods and outstanding legal proceedings.

9. Your privacy rights

You may have rights under data protection, privacy or other applicable law to have access to your personal information, and to ask us to rectify, erase and restrict use of, your personal information. You may also have rights to object to your personal information being used, to ask for the transfer of personal information you have made available to us and to withdraw consent to the use of your personal information. We will honor your rights under applicable law. These rights may include:

  • The right to make a written request for details of your personal information and a copy of that personal information
  • The right to have inaccurate information about you corrected or removed
  • The right to request that your personal information is only used for restricted purposes (in which event Services may be restricted)

In response to a request, we will ask you to verify your identity if we need to, and to provide information that helps us to understand your request better. If we do not comply with your request, whether in whole or in part, we will explain why.

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