The service is made available to you by CryptoYou s.r.o. (hereinafter referred to as the “Company“ or “CryptoYou”), a Czech limited liability company, whose registered office is Vinohradska 2030/44, 120 00 Prague 2 – Czechia, registered in the Commercial Register maintained by the Municipal Court in Prague Section C, Entry 347706, with the ID Number 10746358 through the website located at https://CryptoYou.io, the web application https://app.cryptoyou.io and other sub-domains of cryptoyou.io (collectively, the “Software”) for the purpose of providing software tools that allow exchanging cryptocurrencies on a central crypto-currency exchange from an Electronic Wallet.
The term “you” or “Client” means a natural person who has reached the age of 18 and is fully capable of exercising his/her legal capacity, or a legal person who is a visitor and/or recipient of any service provided by the Software and a tax resident of a country of the European Union.
“Exchange Agreement” means the Exchange Agreement between the Client on the one hand and the Company on the other hand, the subject of which is the exchange of Virtual Assets according to the specific terms and conditions chosen by the parties to the Exchange Agreement through the Software. The subject matter of the Exchange Agreement is the obligation of the Client, the owner of the Virtual Asset, to surrender its Virtual Assets subject to the Company and, at the same time, the obligation to accept from the Company its Virtual Assets via the Software in exchange for the Client’s Virtual Assets, according to the specific terms and conditions selected by the parties to the Exchange Agreement through the Software. The process of concluding the Exchange Agreement is completed by sending a confirmation of the acceptance of the order by the Software.
“User Account” means the interface accessible to the Client after registration with the Software, after the Client has provided all the necessary information for the User Account, through which the Client is able to place an order with the Software and enter into an Exchange Agreement.
“Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended.
“AMLZ” means Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, as amended.
“FAO” and “Office” mean the Financial Analysis Office, located at Washingtonova 1621/11, 11000 Prague 1.
“GDPR” means Regulation (EU) 679/2016 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), effective from 25 May 2018.
- you assume all the obligations set forth herein;
- you are of sufficient legal age and capacity to use the Software;
- you are not under the control of jurisdiction that explicitly prohibits the use of similar software;
- you use the Software at your discretion and under your own responsibility.
3.8 In order to sign-up and use the Software, you must be at least eighteen (18) years of age.
3.11 The Company is a company authorized to provide services in relation to Virtual Assets within the meaning of Annex 6 of the Act No. 455/1991 Coll., the Trade Licensing Act, as amended.
- Identification and control of the Client according to AMLZ
4.1 The Company is an obliged person within the meaning of Section 2(1)(l) of the AMLZ and is therefore obliged to act in accordance with this Act. Based on this article of these Conditions, the Company shall identify the Client so that the Company fulfils its obligations as a person obliged under the AMLZ.
4.1 In accordance with the provisions of Section 7 of the AMLZ, the Company as an obliged person shall identify the Client prior to the first transaction, also whenever a suspicious trade or the establishment of a business relationship is involved.
4.3 The Client acknowledges that the Company will always identify the Client.
4.4 A suspicious transaction is a transaction carried out in circumstances giving rise to a suspicion of an attempt to launder the proceeds of crime or a suspicion that the funds used in the transaction are intended to finance terrorism, or that the transaction is otherwise related to or connected with the financing of terrorism, or any other fact that might indicate such a suspicion. A trade is considered suspicious whenever the Client refuses to submit to the checks as described below. Other features of a suspicious trade are further specified in the AML Directive of the Company available on the Software.
4.5 The identification of the Client is carried out in accordance with the provisions of Section 8 of the AMLZ in such a way that the Company records and verifies the identification data obtained from the Client in accordance with Article IV of these Conditions from the Client’s identity card, if it is included therein, and further records the type and number of the identity card, the state or authority that issued it and the period of its validity; at the same time, it verifies the conformity of the image with the image in the identity card.
4.6 As part of the identification of the Client, the Company shall ascertain and record whether the Client is a politically exposed person or a person against whom the Czech Republic applies international sanctions pursuant to the Act on the Implementation of International Sanctions.
During the duration of the business relationship or during further transactions, the Company checks the validity and completeness of the Client’s identification data.
4.7 The Client is obliged to provide the Company with the information necessary for identification, including the submission of relevant documents. The Company is entitled to process the information obtained from the Client for AML purposes.
4.8 Identification data is provided by the Client to the Company, primarily by submitting the required documents and papers via the Software.
4.9 In accordance with the provisions of Section 9 of the AMLZ, the Company, as an obliged person, shall check the Client before the transaction, if it is a suspicious transaction, and at the beginning of the business relationship, both before the transaction and during the duration of the business relationship.
4.10 The review includes obtaining information from the Client about the purpose and intended nature of the trade or business relationship, ongoing monitoring of the business relationship, including reviewing trades executed during the course of the relationship, reviewing the sources of funds or other assets involved in the trade or business relationship.
4.11 The Client acknowledges that the Company may, for individual types of transactions provided by the Company, determine, on the basis of a risk assessment, the value of the transaction, at which point the Company will always check the Client.
4.12 The Client is obliged to provide the Company with the information necessary for the Company’s inspection, including the submission of relevant documents.
4.13 The Company is obliged to refuse to execute a transaction or establish a business relationship or terminate the business relationship in the event that an identification obligation is given and the Client refuses to be identified or fails to provide the necessary cooperation in the inspection, or if for any other reason it is not possible to identify or inspect the Client, or if the person carrying out the identification or inspection has doubts about the truthfulness of the information provided by the Client or the authenticity of the documents submitted.
4.14 If the Company discovers a suspicious transaction, it shall notify the Office without undue delay, but no later than within the time limit set by law.
4.15 If there is a risk that the immediate execution of a transaction could frustrate or materially impede the seizure of proceeds of crime or terrorist financing, the Company may execute a Client’s order relating to a suspicious transaction no sooner than 24 hours after receipt of notification of the suspicious transaction by the Authority.
- Client identification
5.1 The Client is obliged to provide the Company with all information necessary for the identification of the Client in accordance with the relevant rules set out below at the request of the Company in order to fulfil the purpose of the AMLZ.
5.2 The Client is obliged to enable the Company to identify the Client according to Section 7 of the AMLZ, which will be done by a combination of the Client’s declaration of whether or not he is a politically exposed person, by providing a copy of both sides of the Client’s identity document or a person who is authorized to represent the Client – a legal person (together with proof of, that the person authorised to represent the Client – legal person is authorised to represent the Client) and a photograph of the Client, on which the Client (or the person authorised to represent the Client – legal person) will be visibly depicted at the same time as the visible identity document of the Client (or the person authorised to represent the Client – legal person).
5.3 The Client declares that the Client or the person authorized to represent the Client – legal entity, is not a politically exposed person.
- Client registration and verification
The following verification of the Client in the context of transactions under the Exchange Agreement must be met:
6.2 The Company will prompt the Client to provide the following within the interface of the Software:
- Personal data – names, surnames and dates of birth
- Indication of permanent address
- Stating the Client’s permanent residence
- Providing a valid email address
- Indication of whether the Client is a politically exposed person.
- The verification of the Client’s personal data is carried out by and Binance Investments Co., Ltd., a company incorporated under the laws of Seychelles, as a measure of compliance with respect of the AMLZ
6.3 Verification of additional information about the Client is carried out through a KYC questionnaire (“Know-your-customer” questionnaire), specifically as follows:
The Client completes the KYC questionnaire available within the Software, which contains additional questions, including but not limited to:
- a) Client’s employment/business details
- b) Information about the Client’s income and sources of income
- c) Information about the origin of the Virtual Asset provided by the Client as a deposit
- d) Information about ongoing or past lawsuits with the Client
- e) Data on the Client’s expected income
- f) Information about the purpose of the User Account creation by the Client
- g) Details of the person on whose account the Client acts
- h) Details of the Client’s investment experience
- i) Information about the beneficial owner of the Client (if the Client is a legal entity) or about the person on whose behalf the Client acts
The Client saves the completed KYC questionnaire to the relevant document repository of the Software, where it is verified by the Company.
6.4 Politically Exposed Persons
As part of the Client’s KYC questionnaire, the Company determines and records whether the Client is a politically exposed person.
- Personal data processing and protection principles
7.1 The Company, as a personal data controller (“Controler”), processes customer’s personal data in accordance with Regulation 2016/679 of the European Parliament and of the Council of the EU on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and other related regulations. The Controller processes personal data on the basis of the Exchange Agreement and for the purpose of its fulfilment, as well as for the fulfilment of legal obligations imposed on it by applicable law. Personal data is collected and processed by the Company only for the stated purpose, within the scope specified below, for the duration of the contractual relationship, or for the time necessary. The company processes personal data in general for these purposes:
- creation and management of a Client account
- conclusion and performance of the Exchange Agreement
- the provision of services under a contractual relationship
- ensuring operational activities
- accounting and tax purposes
- sending commercial communications to the Client
- legal obligations, in particular pursuant to Act No. 253/2008 Coll., the Act on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing (hereinafter referred to as “AMLZ”)
7.2 Period of storage of personal data
- a) The Company stores personal data for the period necessary to ensure the purpose of their processing, for the period for which the Client has given his consent, or for the period provided for by generally binding legal regulations.
- b) Personal data provided by the Client for the purpose of establishing and managing the User Account, as well as concluding and executing the Exchange Agreement, will be stored for the duration of the Client Account and the duration of the Agreement (i.e. until its execution or termination) and thereafter for a period of ten (10) years, otherwise until the Client withdraws its consent.
- c) Personal data provided in connection with the Company’s marketing activities will be stored for a period of one (1) year from the date of delivery of the relevant commercial communication to the Client, otherwise until the Client withdraws consent.
- d) After the expiration of any period of time specified above, all personal data of the Client will be permanently deleted (destroyed), unless otherwise required by the laws of the Czech Republic.
7.3 Data about the Provider’s Clients
- a) The purpose of the processing of personal data (the Company is the processor) in these entities is the performance of a legal obligation under the AMLZ and the proper performance of contractual obligations or the legitimate interests of the Company. Personal data in this category is processed by the Company in the following scope: name, surname, identification number, tax identification number, e-mail, telephone, contact person, place of business (registered office), delivery address, account number, copy of the document proving ownership of the account, ID card and one of the following: passport, driving license, residence certificate, crypto wallet number, note.
7.4 Security of personal data
- a) The company ensures the security of personal data depending on the specific risk assessment. The Company has taken such measures to prevent unauthorized or accidental access to, alteration, destruction or loss of personal data, unauthorized transfer, processing or other misuse. Access to personal data is granted only to authorised persons who are authorised to handle personal data. Employees are instructed in the handling of personal data and are subject to an internal control system.
7.5 Recipients of personal data
- a) Recipients of personal data are persons
◦ involved in making payments under the contract,
◦ providing web trading platform and other services in connection with the operation of the website,
◦ providing marketing services.
- b) The controller does not intend to transfer personal data to a third country (non-EU country) or an international organisation.
7.6 Rights of data subjects
- a) The data subject has the right to the following:
- to be informed about and have access to their personal data processed (right to be informed and right of access under Article 15 GDPR)
- to obtain rectification of inaccurate personal data (right to rectification under Article 16 GDPR)
- to obtain the erasure of your personal data (right to erasure under Article 17 GDPR)
- to restrict processing (right to restriction of processing under Article 18 GDPR)
- to obtain their personal data that you provide to us (right to data portability under Article 20 GDPR)
- to object, on grounds relating to his or her particular situation, to the processing of personal data based on legitimate interests or the performance of a task carried out in the public interest (right to object under Article 21)
- b) The Client is entitled at any time to file a complaint regarding the processing of his/her personal data or the Operator’s failure to comply with its obligations as a controller under the GDPR with the supervisory authority, which in the Czech Republic is the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.
- c) The above rights can be exercised provided that the legal conditions are met. In the event that personal data has been processed on the basis of consent, we inform that the data subject has the right to withdraw this consent at any time without affecting the lawfulness of the processing of personal data prior to the withdrawal of consent.
- Terms of the Exchange Agreement
According to the express agreement of the Client and the Company, the Exchange Agreement will be concluded between the Client on the one hand and the Company on the other hand via the Software according to the following conditions:
- Under the Exchange Agreement, the Client shall be the owner of the Virtual Asset and the Company facilitates the exchange of the Virtual Asset via Binance services that shall be the owner of the Virtual Asset; and
- The subject of the exchange under the Exchange Agreement shall be the Virtual Asset owned by the Client and at the same time the Virtual Asset owned by Binance at the Binance’s exchange rate current for each individual moment of placing an order where the Virtual Asset shall always be exchanged for Virtual Asset; and
- Given the nature of the business relationship in the Virtual Asset, the Exchange Agreement will not be in writing; and
- Fulfilment of the Client
◦ in a Virtual Asset for the exchange of another Virtual Asset shall be satisfied by the Client at the time of the conclusion of the Exchange Agreement by sending such consideration to the Electronic Wallet of the Company, whereby the moment of provision of the consideration for the exchange of the Virtual Asset shall be deemed to be the moment of crediting of the Virtual Asset to the Electronic Wallet of the Company, within the period specified in the order confirmation by the Company; and
- Fulfilment of the Company
◦ in a Virtual Asset for the exchange of another Virtual Asset shall be satisfied by the Company at the time of the conclusion of the Exchange Agreement by sending such consideration to the Client’s Electronic Wallet, whereby the moment of providing the consideration for the exchange of the Virtual Asset shall be deemed to be the moment of crediting the consideration in the Virtual Asset to the Client’s Electronic Wallet within the period specified in the Company’s order confirmation; and
The Client is obliged to provide the Company with all assistance requested by it or necessary for the activities to which the Company has committed itself by the Exchange Agreement.
9.1 A prerequisite for the conclusion of the Exchange Agreement is, in particular, the Client’s completion and submission of the order form to the Company via the Software and, in the above cases, the provision of the required documents and assistance and the provision of performance in accordance with the order.
9.2 The Exchange Agreement is concluded by delivery of the acceptance of the Client’s order by the Company via the Software. Progress of the order execution is displayed in the Software by the Company.
9.3 The Client has placed an order by completing and submitting the order form on the Software. He is responsible for the truthfulness, correctness and completeness of the information provided in the order. These data shall be deemed to correspond to the facts and the Company shall not be liable for any damages arising from any errors or omissions in the data provided.
- Risks of trading with Virtual Assets
10.1 Virtual assets do not constitute a legal currency in the Czech Republic, its regulation does not fall within the scope of the regulations governing payment transactions (Act No. 370/2017 Coll., on payment transactions, as amended) or exchange activities (Act No. 277/2013 Coll., on exchange activities, as amended), nor the features of investment instruments regulated in Act No. 256/2004 Coll., the Act on Capital Market Business, on the basis of which the Company is not subject to the supervision of the Czech National Bank.
10.2 The Client hereby declares that he/she is fully aware of all the risks associated with the exchange, nature and method of holding the Virtual Asset, in particular taking into account the risks of volatility (fluctuation) of the price of the Virtual Asset and the possibility of making significant gains and losses on investments, even within a short time interval. In this case, the Company shall not be liable for any changes in the value of the Virtual Asset, for the reduction or loss of credibility, anonymity or any other positively rated attribute of the Virtual Asset, nor for changes in the legal regulations in the area of trading with the Virtual Asset.
10.3 The Client declares that prior to entering into the Exchange Agreement, it has responsibly considered its ability to assess all risks associated with the Virtual Asset, as well as its property, financial and investment capabilities, and voluntarily and fully accepts these risks. The Client also acknowledges that once the Virtual Asset is credited to the Electronic Wallet by the Company, the transaction becomes irreversible and therefore cannot be withdrawn.
- Limitation of liability of the Exchange Company
11.1 The Company guarantees to the Client that the order will be executed or the order will be cancelled.
11.3 By entering into the Exchange Agreement, the Client declares that the Client’s contact details provided by the Client which may be required by the Company (i.e. e.g. the Electronic Wallet account to which the consideration for the exchange of the Virtual Asset is to be credited) are correct and complete and the Client is fully responsible for providing accurate and truthful details.
11.4 The Company is expressly not liable for any loss or damage caused to the Client by the Client’s incorrect identification data
11.5 The Company is not liable for the continuous operation of the Software 24 hours a day and 7 days a week, as well as their error-free operation and malfunction, but guarantees to immediately proceed to their correction or commissioning. The Company shall also not be liable for the said non-functionality, error or disrupted operation, nor shall the Company be obliged to compensate the Client for damages or other injuries caused in connection with these facts. The Company shall also not be liable for any direct or indirect injury or damage that the Clients incur in connection with the use of the Software.
11.6 Furthermore, the Company shall not be liable for any injury or damage incurred by the Client a) as a result of legislative changes, including changes in the interpretation and application of existing legislation; b) as a result of a decision or action taken by a court, prosecutor, police authority or other public authorities and state administration and as a result of an internet network outage; c) total or partial unavailability or non-functionality of the Software; d) unlawful misuse of the Software; e) computer viruses; f) cyber attacks; g) other force majeure events beyond the control of the Company; h) termination of the Software, as applicable; and i) interruption of the operation of the Software by the Company (e.g. for maintenance purposes) or its termination.
- Intellectual Property And The License For The Use Of The Software
12.3 Unless you have been permitted in writing to do so in a separate agreement with the Company, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
12.4 For all contents and data, that you insert or make available via the Software (“User Content”), you grant the Company free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these User Content for any purpose including but not limited to the purposes of:
- providing the Software;
- conducting research, develop new products and services;
- predictive analytics and insights;
- improvement and further development of the Software; and
- other, including commercial use (“Right of Use and Exploitation”).
12.6 The Company has the right to implement changes to the Software and its functions.
12.7 Until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out, the Company may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the Client:
- if it is necessary for repairs, maintenance or other similar actions, including security updates, in which case the Company endeavours to notify you of the interruption in advance to the extent reasonably possible;
- if your actions or omissions relating to the use of the Software interfere with or prevent the normal operation of the Software or otherwise cause, or are likely to cause, harm, damage or other detrimental effects to the Software, the Company or other users of the Software;
- if there are reasons to suspect that your credentials have been wrongfully disclosed to an unauthorized third party and the Software is being used under such credentials;
- if you refuse to provide the required clarifications within the time requested; or
- for any other reasons as the Company may determine from time to time.
12.9 The Company endeavours to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay.
- Deletion of the Client Account
13.1 You may delete your Client Account at any time and without giving any reasons by contacting the Company via email at [email protected]
13.2 In case of termination, your Client Account will be closed within seven (7) days provided that: (i) any disputes in which you have been involved have been satisfactorily resolved; and (ii) you have completed any other obligation(s) associated with your use of the Software.
13.3 The Company may delete your Client Account by giving you seven (7) days prior notice by notifying you in the Software. The Client Account will be deleted at the end of the seventh (7) day in which the prior notice period expires. In case the Company detects material breach the Company may delete your Client Account immediately, without prior notice.
13.4 Regardless of the party initiating the termination, the termination of the Client Account will mean that: (i) concurrently with the termination of the Client Account, also the Exchange Agreement (if relevant) will be terminated and thus your access to the Software and products and services made available in connection therewith is revoked; (ii) you are prohibited from any further use of the Software; and (iii) any and all data and information residing in your Client Account or pertaining to activity from your account will be irretrievably deleted, except to the extent that we are obligated or permitted to retain such content, data or information in accordance with applicable laws and regulations. You agree that all such measures will be carried out by the Company and that the Company will not make itself liable to you or any third parties as a result of any such measure for any reason, to the extent this is permitted by applicable law.
- Third-party content
14.1 It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take independent financial advice from a professional in connection with, or independently research and verify, any information that is provided by us of the third-parties and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), and not of the Company. Such information should not be interpreted as approval by the Company of those content or information you may obtain from them. the Company has no control over the content or information of these resources. the Company disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
14.2 Links to Third-Party Platforms and Information.
Use of certain links on the Software will direct you to third party feeds, software, websites or mobile applications (collectively, “Third-Party Platforms”). Such Third-Party Platforms are not under the control of the Company, and the Company is not responsible for the contents of any such Third-Party Platforms or any link contained in such Third Party-Platform. Links to Third-Party Platforms included on the Software are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products or services or information offered therein. If you decide to access any Third Party Platform information linked to the Software, you do so entirely at your own risk.
14.3 Third-Party Services. We make services from third parties, such as applications using the Company API, available to you through the Software. If you decide to enable, access or use services provided by other parties be advised that your access and use of such Third-Party Services is governed by the terms and conditions of such Third-Party Services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third-Party Services, including, without limitation, their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services. You irrevocably waive any claim against the Company with respect to such Third-Party Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Third-Party Services, or your reliance on the privacy practices, data security processes or other policies of such Third-Party Services.
- Availability of the software
15.1 The Company will endeavour to ensure that the Software is always available; however, the Company cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by the Company. the Company is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults, and does not assume any liability for this.
15.2 It may be that the Software is not available in the following cases, for example:
- if the defect or fault in the Software provided via the website results from you having amended or modified the Software or in any way used the Software outside the scope of its normal and intended access and its intended usage;
- if the defect or fault in the Software results from an issue with your device,
- in case of technical malfunctions.
15.3 You may access and use the Software through a mobile device and computer. As the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors outside our reasonable control. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.
- Personal data protection
16.1 The Company processes the personal data provided to it in accordance with the GDPR, respecting the principles of lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality.
16.2 All personal data of the Client provided in the Order Form or documents provided by the Client are processed solely for the purpose of the execution of the Exchange Agreement and the fulfilment of the legal obligations of the Company as set out in the AML. These are the Client’s name, surname, Client’s identity document details and Client’s details within the scope of the KYC questionnaire completed by the Client.
16.3 The Company undertakes to collect personal data to the extent necessary for the fulfilment of the stated purpose and to process it only in accordance with the purpose for which it was collected; in this context, it undertakes in particular: a) to ensure that personal data is always processed in accordance with the GDPR, is up-to-date, accurate and true, and that the data is relevant to the purpose of processing within the meaning of paragraph 2 of this Article of these Terms; b) take appropriate measures to provide Clients with all information and make all disclosures required by the GDPR in a concise, transparent, understandable and easily accessible manner using clear and plain language; c) ensure that systems for automated processing of personal data are used only by authorised persons who will only have access to personal data corresponding to the authorisation of those persons, on the basis of specific user authorisations established exclusively for those persons; d) implement technical, organisational, personnel and other appropriate measures within the meaning of the GDPR to ensure and be able to demonstrate at any time that the processing of personal data is carried out in accordance with the GDPR in such a way that unauthorised or accidental access to personal data and to data carriers containing such data, their alteration, destruction or loss, unauthorised transfer, other unauthorised processing or other misuse cannot occur, and to review and update these measures as necessary; e) keep and continuously review and update records of personal data processing in accordance with the GDPR; f) report any personal data breaches to the Office for Personal Data Protection in a proper and timely manner and cooperate with the Office to the extent necessary; g) maintain confidentiality of personal data and security measures, the disclosure of which would compromise the security of personal data, even after the termination of the Cooperation Agreement; h) to comply with other requirements of the GDPR, in particular to comply with the general principles of personal data processing under paragraph 1 of this Article of these Terms and Conditions, to comply with its information obligations, not to transfer personal data to third parties without the necessary authorization, to respect the rights of Clients as data subjects and to provide them with the necessary cooperation in this regard.
16.4 The Company processes personal data in electronic form in an automated manner. Personal data is secured in a manner that is fully compliant with the data protection principles set out in the GDPR.
17.1 THE COMPANY PROVIDES THE SOFTWARE. THE COMPANY DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. THE COMPANY IS NOT A FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY THE COMPANY OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY THE COMPANY. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.
17.2 THE COMPANY WILL STRIVE TO ENSURE ACCURACY OF INFORMATION LISTED ON THIS WEBSITE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT ON THE SOFTWARE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. THE COMPANY EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE SOFTWARE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE COMPANY.
17.3 SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO THE COMPANY BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. THE COMPANY DOES NOT REVIEW ALL CONTENT FOR ACCURACY, DOES NOT REVIEW CONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY CONTENT. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. THE COMPANY DISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SOFTWARE CAUSED BY NONPERFORMANCE OF UNRELATED THIRD-PARTY SERVICES.
17.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT THE COMPANY CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
- Warranty disclaimer
18.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. THE COMPANY, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
18.2 THE COMPANY PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
18.3 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.
18.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation of liability
19.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
- Complaint procedure
In case you have any complaints regarding the Company and/or its services, you have the right to lodge a complaint by email at [email protected].
The European Commission has also set up an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr the Company is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
- Sanctions compliance
23.1 By accessing and using the Company’s services, you represent and warrant that you have not been included in any trade embargos or economic sanctions lists, including but not limited to:
(a) Restrictive measures of the European Union;
(b) Sanctions of the United Nations;
(c) Sanctions of the Government of Czech Republic;
(d) the list of specially designated nationals maintained by Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;
(e) the denied persons or entity list of the U.S. Department of Commerce;
(f) Lists of subjects to Financial Sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI),
your use and access of the Company services does not violate or circumvent international sanctions and restrictive measures established by the European Union, United Nations, United States of America, United Kingdom or other international sanctions applicable in the Czech Republic, and are not from any of the following comprehensively sanctioned countries or geographical regions (this list is subject to change from time to time):
(b) Burma (Myanmar)
(c) Cote d’Ivoire
(d) Crimea (Region of Ukraine)
(f) Democratic Republic of the Congo
(g) Donetsk (Region of Ukraine)
(j) Liberia (Former Regime of Charles Taylor)
(l) Luhansk (Region of Ukraine)
(n) North Korea
(o) Sierra Leone
23.2 We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in our sole discretion, the provision of the Company services in certain countries or regions, including those not listed in Section 23.1.
23.3 If you become subject to international sanctions, you are obliged to immediately stop using our services and notify us.
- you become a subject of international sanctions,
- providing services to you is considered a violation or circumvention of international sanctions,
- you are according to our assessment related to a territory, area of activity, transaction or person subject to international sanctions, or
23.5 we apply our right referred to in Section 23.2
- Final provisions
The Company reserves the right to modify the Software or the scope and terms of the products and services offered at any time and in any way, even without prior notice to the Client. The Client acknowledges that such modifications may affect the nature of the products and services offered and undertakes not to claim any damages or losses in this respect.
In the event of a material or repeated minor breach of the conditions by the Client, the Company is entitled to limit the scope of performance provided to the Client.
The Client acknowledges that within the framework of trading with the Virtual Asset, the Company cooperates with public authorities and administration bodies (e.g. the Czech National Bank, the Office, police authorities, etc.) and provides them with all the necessary cooperation for the exercise of their powers, and in this context undertakes to provide similar cooperation and cooperation to the Company.
The Parties undertake to resolve any disputes arising between the Parties primarily by mutual agreement and amicable means. In the event that it is not possible to resolve the dispute amicably, the courts of the Czech Republic shall have jurisdiction. The Company informs the Client that the Czech Trade Inspection Authority is the supervisory authority for compliance with the obligations set out for consumer protection.
All legal relations arising in connection with the Software and its use are governed by the laws of the Czech Republic, in particular the Civil Code. This also applies in cases where the legal relationship of the Parties contains an international (foreign) element.
The Parties expressly declare that the provisions of the conditions deviating from the provisions of the Civil Code or excluding such provisions are so agreed knowingly and in accordance with good morals, public order and with respect for all rights and legitimate interests of the Parties.