According to the SwissBorg App Terms of Use, BlockNodes SAS, an entity based in France, is the entity operating the application for users residing in the European Economic Area, Switzerland and the United Kingdom and, as further set out in the SwissBorg App Privacy Notice, the data controller responsible for the processing and retention of those users' personal data. This entity is therefore subject to French law. BlockNodes SAS's data retention obligations in this respect stem primarily from Article L. 561-12 of the French Monetary and Financial Code (the "CMF"), which forms part of the French anti-money laundering and counter-terrorist financing (AML/CFT) framework. As a crypto-asset service provider authorised under Regulation (EU) 2023/1114 ("MiCA"), BlockNodes SAS is an obligated entity within the meaning of Article L. 561-2, 7° bis of the CMF. Under Article L. 561-12, BlockNodes SAS is required to retain:
the documents and information, whatever the medium, relating to its business relationships or occasional clients and to the customer due-diligence measures implemented (being the measures required under Articles L. 561-5, L. 561-5-1 and L. 561-6 of the CMF, which include, but are not limited to, identification data, documentation relating to proof of residence and date of birth, and the information collected and kept up to date on the purpose and nature of the business relationship), for five (5) years after the closure of the account or the termination of the business relationship;
the documents and information, whatever the medium, relating to the transactions carried out by its clients, as well as the documents recording the characteristics and outcome of the enhanced examination that Article L. 561-10-2 of the CMF requires for transactions that are particularly complex, of an unusually high amount, or without an apparent economic justification or lawful purpose, whether or not the transaction ultimately gave rise to a report to TRACFIN (the French financial intelligence unit), for five (5) years after the execution of the transaction. The documents and data underlying any suspicious transaction report (déclaration de soupçon) made to TRACFIN under Article L. 561-15 of the CMF are retained within these same periods;
BlockNodes SAS must retain the documents and data referred to above in a manner that allows it to respond fully, rapidly and within the deadlines set by TRACFIN when it exercises its right of communication under Article L. 561-25 of the CMF, and to reply to the enquiries of the competent supervisory authorities (in particular the Autorité des marchés financiers and the Autorité de contrôle prudentiel et de résolution), investigative bodies or courts - including, in accordance with Article 42 of Directive (EU) 2015/849, as to whether BlockNodes SAS has or has had, in the five (5) years preceding the enquiry, a business relationship with a given person and what is or was the nature of that relationship;
Lastly, BlockNodes SAS deletes or irreversibly anonymises the data retained on the basis of Article L. 561-12 of the CMF upon expiry of the applicable five (5) year retention periods, unless a longer retention period is required under applicable law or is necessary for the establishment, exercise or defence of legal claims, or to comply with a request from a competent authority (such as TRACFIN, the AMF or the ACPR) in connection with an ongoing investigation, control or supervisory measure.
In addition to the CMF, BlockNodes SAS keeps records of all crypto-asset services, activities, orders and transactions for five (5) years under Article 68(9) of MiCA (extendable to up to seven (7) years where the competent authority so requests before the initial period expires), and retains the information accompanying transfers of crypto-assets in accordance with Regulation (EU) 2023/1113.
Thus, upon account closure, your personal data is moved to a restricted-access archive in BlockNodes SAS's systems for the periods mentioned above and is not used for any other purpose; it is processed only to the extent necessary to comply with these legal obligations, including responding to requests from competent authorities
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