The following Terms and Conditions (“Terms”) shall govern your use of Blocktane Services.
These Terms have been prepared in English, and the English version thereof shall prevail and be binding even though other language translations may also be prepared.
THESE SERVICES ARE EXPRESSLY PROHIBITED FOR USE BY INDIVIDUALS OR LEGAL ENTITIES CONSIDERED US PERSONS, OR INDIVIDUALS WHO ARE PERMANENT RESIDENTS OR CITIZENS OF, OR LEGAL ENTITIES REGISTERED IN: CANADA, AFGHANISTAN, ALGERIA, AMERICAN SAMOA, BELARUS, BISSAU, BOSNIA AND HERZEGOVINA, BOTSWANA, BRITISH VIRGIN ISLANDS, CENTRAL AFRICAN REPUBLIC, CONGO, CUBA, DEMOCRATIC PEOPLE’S REPUBLIC OF (NORTH) KOREA, ERITREA, ETHIOPIA, GHANA, GUAM, GUINEA, IRAN, IRAQ, LAO PEOPLE’S DEMOCRATIC REPUBLIC, LEBANON, LIBERIA, LIBYA, MYANMAR (BURMA), NIGERIA, PAKISTAN, PAPUA NEW GUINEA, PUERTO RICO, SAMOA, SAUDI ARABIA, SOMALIA, SOUTH SUDAN, SRI LANKA, SUDAN, SYRIA, TUNISIA, US VIRGIN ISLANDS, VANUATU, VENEZUELA, YEMEN, ZIMBABWE.
SUCH PERSONS AND ENTITIES MAY NOT ACCEPT THESE TERMS AND CONDITIONS.
The Blocktane Platform is an exchange-based order book for various pairings of digital assets and fiat currencies. When a user places an order, the exchange platform automatically matches the user’s order with orders placed by other users in order to carry out the transaction.
Where fiat currencies are offered, Blocktane may offer these services via a contracted affiliate entity able to offer bank account access in a given currency, and crediting fiat currencies to your Blocktane Account.
Before using the Blocktane Platform, you should be aware that the risk of loss in trading or holding digital assets is substantial and that the value of digital assets is subject to extreme volatility. You should therefore carefully consider whether trading or holding digital assets is suitable for you with respect to your financial situation and tolerance for the risk of partial or total loss.
Please read these Terms carefully and ensure that you fully understand them, especially with respect to the provisions that exclude or limit Blocktane’s liability and exclude or limit your rights and interests. You are only entitled to have access to the Blocktane Services after you accept these Terms. If you do not agree to these Terms, or refuse to recognise the Blocktane’s right to make amendment to these Terms from time to time, you shall promptly stop using and cease access to the Blocktane Services. References to any additional terms, policies, articles, clauses or schedules, unless the context otherwise requires, are reference to such documents as modified or replaced from time to time.
1.1. You are required to register a Blocktane Account in order to have access to the Blocktane Platform.
1.2. For natural persons intending to register on the Blocktane Platform as a private user, by signing up to the Blocktane Platform, you certify that you are 18 years of age or older, you have sufficient capacity to understand and accept these Terms and to trade digital assets, that your access to or use of the Blocktane Platform does not violate any laws applicable to you.
1.3. For legal persons intending to register on the Blocktane Platform as an institutional user, you must designate a representative who is a natural person aged 18 years of age or older with sufficient capacity and authority to accept these Terms. You certify that your or your institution’s access to or use of the Blocktane Platform does not violate any laws applicable to you or your institution.
1.4. You certify that the information you have provided to Blocktane, including during registration and during the KYC process, is accurate and complete. You acknowledge that it is your responsibility to update and maintain any changes to that information by altering and updating your details as appropriate.
1.5. Each Blocktane Account is for a single user only, unless otherwise advised to you by Blocktane in writing. On registration, you are required to enter an e-mail address and a password. You will not allow any other person to share your e-mail address and/or password or otherwise provide any other person access to the Blocktane Services via your Blocktane Account.
1.7. You agree that these Terms govern your use of the Blocktane Services, including the Blocktane Platform in particular, and that the use of other Blocktane Services may be subject to additional terms to be determined by Blocktane from time to time.
1.8. Blocktane reserves the right to, at its sole discretion, refuse to register a Blocktane Account for you, or to limit the number of Blocktane Accounts that you may hold.
2.The Blocktane Platform
2.1. The Blocktane Platform provides you access to and use of a number of exchange wallets for the purposes of storing, tracking, transferring, managing and trading balances of supported digital assets as well as certain types of fiat currencies as specified by Blocktane from time to time.
2.2. Blocktane provides you an informational and order-matching exchange service by displaying prices for digital assets being traded on the Blocktane Platform at any given time.
2.3. You must comply with any instructions we give you about how to use the Blocktane Services and must not do anything that interferes with or adversely affects the normal operation of the Blocktane Services (including the ability of other users to access or use the Blocktane Services).
2.4. Before transferring digital assets or fiat currencies into your Blocktane exchange wallets, it is solely your responsibility to ensure that the digital assets in question are supported by the Blocktane exchange wallets. You should not use the Blocktane exchange wallets to store unsupported digital assets or fiat currencies and doing so may result in the forfeiture and irreversible, permanent loss of your digital assets. Blocktane does not take any responsibility for any attempted use or storage of unsupported digital assets in a Blocktane exchange wallet.
2.5. Blocktane does not own or control the underlying software protocols which govern the operation of digital assets. Generally, the underlying protocols are open source and anyone can use, copy, modify and distribute them. Blocktane assumes no responsibility for the operation of the underlying protocols and Blocktane is not able to guarantee either the accuracy of the information provided or the functionality, security, legality or availability of the underlying protocols. You acknowledge and accept the risk that underlying software protocols relating to any digital assets you store in any Blocktane exchange wallet may change.
2.6. You may withdraw digital assets from your Blocktane exchange wallet by transferring them to an external digital asset wallet. The withdrawal of digital assets may be subject to periodic withdrawal limits. Blocktane may also delay or suspend any requested withdrawal at its sole discretion for technological or compliance reasons without prior notice to you
2.7. Blocktane will process the orders you place on the Blocktane Platform in accordance with the instructions received from you. By placing an order, you irrevocably confirm that each order is correct and does not contain any errors (including in the case of manifest errors). Before you place an order, you must carefully confirm all of the information specified, including the type, price and quantity of digital assets, buying or selling instructions, applicable fees and other important matters in connection with the order.
2.8. You acknowledge that the execution time of orders is based on the actual operation time of Blocktane. You have the right to revoke or amend your orders at any point before they are fully completed. You understand orders may be partially complete, and any revoked or amended orders may only cancel the uncompleted portion of the order.
2.9. Trading on the Blocktane Platform may be subject to trading limits, which may be specified by Blocktane from time to time. Blocktane reserves the right to raise, lower or remove transaction limits at any time at its own discretion.
2.10. If Blocktane uncovers an erroneous transaction caused by a system failure or any other reason, Blocktane has the right to correct the error regardless of whether it is beneficial to Blocktane or any user. Where, due to such an error, any user actually receives more digital assets than the amount that such an user should have received, Blocktane reserves the right to correct such improperly executed transactions and the user shall return the digital assets in question or perform other operations in accordance with Blocktane’s instructions to the user. The user acknowledges that Blocktane will not assume any losses or responsibilities caused by any such erroneous transaction.
3.1. You agree to pay to Blocktane the trading and other fees as set out on the Blocktane Website from time to time.
3.1. You agree to the automatic deduction of these fees from your account balances immediately upon completion of Services on our Platform.
4.Representations and Warranties
4.1. Each time you place an order on the Blocktane Platform, you represent and warrant to Blocktane that:
4.1.1. you have the full power and authority to trade on the Blocktane Platform, you are the legal owner of all digital assets or currencies being traded and the digital assets and currencies are free from any charge or encumbrance;
4.1.2. you have relied only on information provided on the Blocktane Platform in creating orders and have not relied upon any representation or warranty given by any other person (including without limitation Blocktane);
4.2. In addition, you represent and warrant to Blocktane that:
4.2.1. you shall only use the Blocktane Platform to store or trade fiat currencies and digital assets;
4.2.2. you will not attempt to store, sell or buy unsupported or prohibited digital assets, coins, other tokens or currencies or post information related to such unsupported digital assets, coins, other tokens or currencies;
4.2.3. you will not disguise or attempt to disguise your location through IP proxying or other methods;
4.2.4. you will not use the Blocktane Services:
18.104.22.168. in contravention of any applicable laws;
22.214.171.124. in any way (including without limitation posting information on the Blocktane Platform where this facility is available) which is defamatory, obscene, abusive, indecent or menacing or which infringes any intellectual property rights or breaches obligations of confidence or which is otherwise illegal or unlawful;
126.96.36.199. For any activity related to securities or which may be construed as facilitating the movement of, purchase of, subscription to, disposal of, or processing of proceeds of securities transactions.
188.8.131.52. to interfere with or attempt to interfere with the normal operations, trading order and/or activities of the Blocktane Platform and introducing a software virus or other disruptive program or do any act which would cause the Blocktane Platform to become unavailable for use by others; and
184.108.40.206. in any way which is not authorised or in breach of the terms.
4.2.5. you will pay all applicable tax for any transactions completed on the Blocktane Platform in accordance with all applicable laws.
5.Anti-Money Laundering and Sanctions
5.1. Upon registration, Blocktane will conduct a user identification verification process to the extent required to comply with all applicable anti-money laundering, sanctions and other relevant related regulations. Your use of the services of the Blocktane Platform is conditional on the successful completion of this process. Where appropriate, Blocktane may ask you to provide additional personal information to determine your eligibility to use the services of the Blocktane Platform. Blocktane may ask you to wait for some time after the completion of a transaction before permitting you to use the Blocktane Platform and/or permitting you to engage in transactions beyond certain volume limits.
5.2. You authorise Blocktane to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect either you or Blocktane against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference, fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is only an identity check and should not have any adverse effect on your credit rating.
5.3. You warrant that you will not use the Blocktane Platform to hold or trade in fiat currencies or digital assets which you know or suspect to be in violation of anti-money laundering laws, sanctions or other relevant related regulations. These include, but are not limited to, supplying the services of the Blocktane Platform or digital assets to individuals or countries subject to any financial sanctions regimes. In the event that you receive any fiat currencies or digital assets from other users in the course of your use of the Blocktane Platform which you know or suspect to contravene applicable anti-money laundering laws, sanctions and other relevant related regulations, you warrant that you will immediately notify Blocktane by e-mail at [email protected] by including all relevant details and further warrant that you will not transfer any such fiat currencies or digital assets out of your Blocktane Account or any other digital asset wallet under your control without Blocktane’s permission.
6.1. You are solely responsible for maintaining adequate security and control of your Blocktane Account details, including any and all usernames and e-mail addresses, passwords, two-factor authentication codes or any other codes or credentials used to access the services.
6.2. Blocktane recognises instructions provided via your Blocktane Account. Therefore, you acknowledge that all instructions provided via your Blocktane Account will be treated as having been provided by you and you will bear any and all responsibilities arising from these instructions. In the event that another person has provided instructions on the Blocktane Platform via your Blocktane Account, Blocktane reserves the right to hold you jointly and severally liable in law for any such use of your Blocktane Account.
6.3. Blocktane uses reasonable endeavours to protect the Blocktane Platform from computer viruses, worms, trojan horses and other malware. Blocktane does not warrant that the Blocktane Platform is free from such viruses and accepts no liability for any damage that may result from the transmission of any malware via the Blocktane Platform or via any files which are available for you to download from the Blocktane website. Blocktane is not responsible for any technical or other issues in using the Blocktane Platform caused by third party software on your system.
6.4. You are required to notify Blocktane as soon as practicable of any breach of security by sending an e-mail to [email protected] with the subject line “Security breach” and including all details relevant to the breach.
6.5. You are required to take all reasonable steps required to minimise the impact of any security breaches, including, where appropriate, by immediately changing the login details for your Blocktane Account.
6.6. Blocktane does not take any responsibility for losses caused by security breaches.
6.7. Blocktane takes all reasonable measures to keep the information you have provided and the digital assets stored in your Blocktane Account safe. However, in the event of any security breach by Blocktane, we endeavour to contact you by e-mail informing you of the details of the breach including the nature of any information compromised as appropriate and the steps we will be taking to address the breach within 72 hours of the discovery of the security breach. In the event of any security breach on a large scale, we will endeavour to contact you with the full details of the breach as soon as this information becomes available.
7.Limitation of our Liability
7.1. Blocktane shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of these Terms and our liability in these circumstances is limited as set out below.
7.2. Except as otherwise provided for in these Terms, neither we, nor our affiliates or service providers, nor any of our or their respective officers, directors, agents, employees or representatives, will be liable for any amount greater than the combined value of the digital assets or fiat currencies in your Blocktane Account at any given time. In the event of a specific claim relating to a specific transaction, this sum shall be further limited to the amount of the transaction in dispute.
7.3. In addition to the liability cap above, to the maximum extent permitted by any applicable law, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with these Terms or otherwise:
7.3.1. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to no more than the combined value of the digital assets or fiat currencies at issue in the transaction, and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell;
7.3.2. any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same;
7.3.3. any loss of use of hardware, software or data and or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and or any interruption in any such data;
7.3.4. any loss or damage whatsoever which does not stem directly from our breach of these Terms; and or
7.3.5. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of these Terms (whether or not you are able to prove such loss or damage).
7.4. To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services through our website, we limit our liability for a breach to the re-supply of those goods or services, or payment for such re-supply.
7.5. To the maximum extent permitted by any applicable law, Blocktane makes no warranties of any kind, whether express or implied, in relation to the website or the services on the Blocktane Platform, including but not limited to, implied warranties of satisfactory quality, functionality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, title, condition or completeness, merchantability, or any implied warranty arising from course of dealing or usage or trade. Blocktane does not represent or warrant that access to the Blocktane Platform or any of Blocktane’s services will be continuous, uninterrupted, timely or error-free. In any such event, Blocktane does not guarantee that any open orders can be executed, accepted, recorded or remain open.
7.6. Blocktane is not associated with and does not itself support or claim to be in partnership with any of services or companies which may appear visible in the provision of Blocktane Services. The Blocktane Services provided by Blocktane are not authorised, approved, endorsed or sponsored by any companies listed on the website or their respective trademark owners, unless stated otherwise.
7.7. Blocktane’s website may contain links to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under the control of Blocktane, and you acknowledge that, whether or not such websites are affiliated in any way with Blocktane, Blocktane is not responsible for the accuracy, legality, decency or any other aspect of the content of such websites.
7.8. Blocktane reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services on this site, with or without notice, and/or to establish general guidelines and limitations on their use.
7.9. Nothing in these Terms shall exclude or limit our liability based on our fraud or fraudulent misrepresentation, deliberate misconduct, gross negligence or for death or personal injury arising from either our or our subcontractor’s negligence. If and to the extent applicable law does not allow the above limitations of warranty and liability, such limitations shall not apply to you.
7.10. Blocktane is not liable for any breach of these Terms where the breach is due to abnormal and unforeseeable circumstances beyond Blocktane’s control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
7.11. Notwithstanding any other provision in these Terms, nothing shall limit your rights as a consumer under mandatory provisions of applicable consumer protection legislation.
8.1. You shall be fully responsible for any losses, expenses or other costs, including legal fees, incurred by Blocktane and its affiliates (as well as our respective officers, directors, agents, employees and representatives) which are caused by your conduct in relation to or arising out of your use of the Blocktane Services, your Blocktane Account or a breach of these Terms whether by you or another person, where this conduct is intentional, reckless or negligent.
8.2. If we, or any of our affiliates or group companies, are subject to a claim by any third party due to your conduct, we may recover against you any and all losses, expenses or other costs incurred by us as a result of any such claim.
10.Cancelling Orders and Restricting or Terminating Your Access
10.1.1. we reasonably believe that your use of the Blocktane Services is in violation of any applicable law, these Terms, any other terms or policies as set out by us or our customers’ legitimate interests;
10.1.2. it becomes or may become (in our reasonable opinion) contrary to applicable law for us to maintain or give effect to all or any of the obligations under these Terms or otherwise provide access to the Blocktane Services;
10.1.3. we are requested to remove a listing (or any part thereof) by any regulatory or other governmental authority (whether or not the request is legally binding);
10.1.4. we are requested to close out or cancel a any order (or any part thereof) by any regulatory or other governmental authority (whether or not the request is legally binding);
10.1.5. we consider it desirable or necessary to remove a listing or an order (or any part thereof) to maintain the trading order and trading safety of the Blocktane Platform, in our sole and absolute discretion; or
10.1.6. in the event that you become unable to meet your obligations as they become due or have a bankruptcy petition presented against you or you propose a form of composition or arrangement to its creditors or if you cease or threatens to cease all or part of its business,
we may without notice:
10.1.7. terminate, cancel or reverse any order created or entered into by you;
10.1.8. restrict or freeze your Blocktane Account and any of your fiat currencies and digital assets;
10.1.9. immediately delete and/or amend any information published by you on the Blocktane Services, where relevant, in violation of any applicable law and / or of these Terms, in addition to monitoring any other information which you publish on the Blocktane Services;
10.1.10. restrict, freeze or terminate your access to the Blocktane Platform; and or
10.1.11. take any other measures which in our reasonable opinion is necessary to prevent any adverse consequences to Blocktane, the Blocktane Services, any other users of the Blocktane Services and any other third party.
10.2. If you become aware of the occurrence of any event referred to in Clause 10.1 above, you must give us notice of such event as soon as is reasonably practicable.
10.3. If we terminate any order, or restrict your use of the Blocktane Services in accordance with this Clause 10, we shall not be liable for any losses, expenses or other costs incurred to you, any other user of the Blocktane Services and/or any other third party.
11.1. All intellectual property on the Blocktane Services, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by Blocktane or its affiliates. You may not copy, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.
11.2. All rights contained in the name of Blocktane (including but not limited to business goodwill and trademarks, logos) shall be owned by Blocktane and its affiliates.
11.3. Upon accepting these Terms, it shall be deemed that you, on the basis of your own free will, have transferred and assigned exclusively and free of charge to Blocktane all copyright of any form of information that you publish on the Blocktane Services, including, but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network dissemination rights, shooting rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and Blocktane shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. These Terms shall apply to any content that is published by you on the Blocktane Services and is protected by copyright law, regardless of whether the content is generated before or after the signing of these Terms.
11.4. You shall not illegally use or dispose of the intellectual property rights of Blocktane or any other person during your use of the services offered by the Blocktane Services. For any information that you publish on the Blocktane Services, you may not publish or authorise other websites (or media) to use such information in any manner whatsoever.
11.5. By logging onto the Blocktane Platform or use of any of the services offered by Blocktane shall not be deemed as our transfer of any intellectual property to you.
11.6. You may provide a link to the homepage of our website on any website you operate, as long as you do not suggest any form of association, approval or endorsement on our part without our express prior permission and you promptly delete the link on our request.
12. Term and Termination
12.1. If you wish to cancel your Blocktane Account, please e-mail Blocktane at [email protected] with the wording “Please cancel my account and password” in the subject line.
12.2. Once Blocktane has received your e-mail, we will within a reasonable time period cancel your account and password and delete, save as required by law or regulation, from our records the information you submitted to us as a part of the registration process.
12.3. retains the absolute right to prevent you from accessing the Blocktane Services, including by deleting your account, without prejudice to any of Blocktane’s accrued rights, where we so choose, at our sole discretion, by giving you two months’ notice. You acknowledge that any such decision may be based on confidential criteria that are essential to our risk management and security protocols and you agree that Blocktane is under no obligation to disclose the details of its risk management and security procedures to you.
12.4. Blocktane reserves the right to suspend, terminate or block your access to the Blocktane Services at any time and without prior notice to you in the event of your breach of any of these Terms.
12.5. Subject to clause 17.6 below, in the event that your access to the Blocktane Services is terminated by Blocktane, these Terms shall be terminated on the date of the cancellation of your access to the Blocktane Services.
13.1. Blocktane will use its best endeavours to resolve any disputes arising out of trading on the Blocktane platform fairly. Nevertheless, you agree that Blocktane retains the right to absolute discretion in resolving any such disputes.
13.2. Where we, in our sole discretion, reasonably believe that any user is or may be engaging or attempting to engage in fraudulent or unlawful activity, we may take any steps (or we may request you to take any steps) we consider necessary or desirable, to prevent, mitigate or investigate such activity. You agree to comply with such requests, including any requests to provide us with information, to the maximum extent permitted by applicable law.
14.1. The information contained on the Blocktane Services or provided to you through Blocktane or by any employee, agent or affiliate of Blocktane does not constitute an offer or solicitation to buy or sell digital assets or financial instruments, nor financial, investment or other professional advice on any particular transaction and must not be treated as a substitute for specific advice in any jurisdiction.
14.2. You are solely responsible for any decision to store, buy or sell digital assets, and such decision should take into account your risk tolerance and financial circumstances. Advice from a suitably qualified professional should always be sought in relation to any particular transaction and your particular circumstances.
15.1. It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Blocktane Platform, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Blocktane endeavours to retain transaction records available to you for as long as possible but reserves the right to remove historical data from the Platform at its sole discretion. You are solely responsible for recording your transaction history in your own records on a timely basis.
15.2. As applicable and in the event it becomes required by law Blocktane will report or disclose all of your activity to the appropriate tax authority.
16.1. For the purpose of digital asset wallet services provided by the Platform, Blocktane engages third party custodian(s) contracted to hold client assets in segregation. Blocktane reserves the right to modify or change its agreements with these custodians without notice to you. Blocktane shall endeavour to have the highest quality of client protections through its custodians, including insurance of balances held at custodians, but does not represent or guarantee the continued availability of all protections.
17.1. Communication/Notice: You agree that Blocktane will use the e-mail address and the telephone number tied to your Blocktane Account to contact you in relation to the management and operation of the Blocktane Services, including with respect to security breaches. You are responsible for keeping your e-mail address and telephone number up to date.
17.2. Governing Language: Some of the content on our sites, applications, tools and services may be available in multiple languages. In case of any conflict between different language versions of such content or any omission in any language version thereof, the English language version of such content shall prevail.
17.3. Governing Law: These Terms and all non-contractual or other obligations arising out of or in connection with them are governed by the laws of the British Virgin Islands.
17.4.1. These Terms (including regarding the existence, validity or termination of these Terms), all non-contractual obligations arising from or connected with them and the use of the Blocktane Services shall be governed by and construed in accordance with the laws of the British Virgin Islands excluding its conflict of law rules.
17.4.2. The parties agree to submit to the exclusive jurisdiction of the courts of the British Virgin Islands, provided, however, that Blocktane shall have the right, at its sole option, to initiate proceedings against you in any other court of competent jurisdiction.
17.5. Entire Agreement: These Terms (including any information incorporated by reference herein) comprise the entire agreement between you and Blocktane for the provision of the Blocktane Services.
17.6. Survival: All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms will continue to be binding and operate after the termination or expiration of these Terms.
17.7. Invalidity: If any court or competent authority decides that any provision of these Terms is invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms. The remaining terms shall continue to be valid to the fullest extent permitted by law.
17.8. Relationship of the Parties: Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, either you or Blocktane to be treated as the agent of the other and Blocktane shall have no fiduciary relationship or fiduciary obligations towards you.
17.9. Unclaimed Property: If we hold your fiat currencies or digital assets and we are unable to contact you and have no record of your use of the services of the Blocktane Platform for several years, under applicable law we may in certain jurisdictions be required to report the unclaimed fiat currencies or digital assets as unclaimed property to the authorities. We will try to locate you at any address shown in our records, but if we are unable to, we may be required to deliver any such fiat currencies or digital assets to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed fiat currencies as permitted by applicable law.
17.10. Assignment: These Terms are personal to you and you cannot transfer or assign your Blocktane Account, rights, licenses, interests and/or obligations to anyone else without our prior written consent. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving any Blocktane affiliate or group company, provided that this transfer or assignment does not have an adverse material impact on the quality of the Blocktane Services which you receive.
17.11. Security Interests: You must not create any security over your fiat currencies or digital assets unless Blocktane explicitly states to the contrary in writing.
17.12. Enforcement of Our Rights: We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and would not constitute a waiver of those rights. We may enforce our rights strictly again at any time.
17.13. Rights of Third Parties: Subject to any provision(s) of these Terms under which rights are granted to third parties, a person who is not a party to these Terms has no right to enforce any provision of these Terms but this does not affect any right or remedy of a third party which exists or is available under any applicable law.
Blocktane Ltd. is a company incorporated with limited liability in the British Virgin Islands. We are committed to protecting the privacy, confidentiality and security of the personal data we hold by complying with the requirements under applicable laws and regulations. We are equally committed to ensuring that all our employees, service providers and agents uphold these obligations. This policy explains how we manage personal data within our organisation, including how we process the personal data of the users of our website and on the Blocktane Platform https://blocktane.io (the “Blocktane Services”).
- if you have provided personal data to us relating to any other person, you:
- have a right to provide that information;
- each such person has agreed to those terms.
How we collect personal data.
We collect personal data about you in the following ways:
- you provide us your personal data yourself (e.g. by registering for a Blocktane Account or our newsletter on the website; by submitting a query, a request or an (job) application to us; by responding to our surveys; by using our products and services).
- your personal data is provided to us by third parties who are entitled to disclose that information to us.
- we collect your data from public sources (e.g. by examination of public blockchains; from public registries; from your public social media profile)
In some cases, we may be required by law to collect certain types of personal data about you.
Where we collect personal data from you, we will generally do so ourselves. However, in some cases we may collect personal data from a third party, such as through your representatives, contractors who provide services to us, or third parties who refer you to us because they think you may be interested in our products or services.
Types of personal data we collect and purposes and legal basis for the processing of personal data
We process your personal data on the following legal bases and for the following purposes:
- Personal identification information (e.g. full name [first, any middle and second first and second last and last], date of birth, gender, ID documentation, passport numbers, Non-Signature IDs, utility bills, nationality, signature, photographs, employer, job title and tax ID number);
- contact details (e.g. e-mail address, phone number, home and work address);
- financial information (e.g. credit and debit card numbers, PANs, IBANs, bank account numbers and details, sort codes and other payment details, payslips);
- communication data (e.g. records of our communications with you, including any messages you send us);
- blockchain-related information (e.g. blockchain identifiers, such as blockchain addresses and public keys);
- transaction information (e.g. transactions you make on our platform, including the name of the recipient, the amount of the transaction and the time stamp);
- account log-in and usage data (e.g. emails and passwords that you create when registering for a Blocktane Account, details of any products or services that we provide to you, survey responses, information provided to our support team, public social networking posts, authentication data, security questions, user IDs, click-stream data and other data collected via cookies and similar technologies);
- online identifiers (e.g. geolocation, IP address, browser fingerprint, browser name and version and OS); and
- other information that may be present on documentation that we may ask you to provide for the purposes of proving your identity.
- Without this information, we may not be able to provide you with our products or services (or with all the features and functionality offered by our products or services) or to respond to queries or requests that you submit to us.
- Processing on the basis based on our legal obligation. We may also process your personal data to fulfill our obligations arising from the law, our Anti-Money Laundering and Counter-Terrorist Financing obligations (e.g. properly identifying you, monitoring your use of our website, products and services, and transmitting data to supervisory authorities).
- Processing based on our legitimate interest. We process the data received from your use of the Blocktane Services (e.g. information about how you move around on and use our website) to improve the user experience in using the website and the products and services. Improving our website, products and services includes carrying out market analysis and research, education and training programs for our staff and planning and forecasting business activities and other internal business processes. The legal basis for this is our legitimate business interest to improve the Blocktane Services and the user experience and our business as a result thereof. Considering the nature of the data and that we use the data in an aggregated manner, your interests or fundamental rights and freedoms do not override our legitimate interest.
- We may also process your personal data to safeguard our rights (e.g. establishing, exercising and defending legal claims, debt collection). The legal basis for this is our legitimate interest to protect our legal rights and ensure the performance of the agreement concluded between us. In such case, your interests or fundamental rights and freedoms do not override our legitimate interests.
- To the extent required by applicable data protection regulation, you have the right to object to the processing of your personal data which is based on legitimate interest (see also section “Your rights” below).
- Processing on the basis of your consent. We may also process your personal data based on your consent (e.g. for direct marketing purposes, including sending you our newsletter). When processing is based on consent, you can withdraw your consent at any time by clicking on the ‘unsubscribe’ link at the end of each e-mail. Please note that withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal. For specifications about how we use your personal data for direct marketing purposes, please see section “Direct marketing” below.
Direct marketing and profiling for marketing purposes
If you have given us your consent to provide you with materials about our and our partner's products or services, from time to time we may use your personal data for direct marketing purposes. We send you materials and offerings that, in our opinion, would be of interest to you. You can opt-out of receiving marketing communications from us any time by clicking on the ‘unsubscribe’ link at the bottom of each e-mail or contacting us at [email protected]
In order to find out which offerings would interest you, we draw up your profile based on the following information:
- identifying information, such as your name and date of birth
- contact information, such as your postal address and email address
- products and services portfolio information and demographic data held by us from time to time
We may use your personal data to market the following products and/or services to you:
- creating, purchasing and/or trading digital assets;
- software and hardware wallets for holding digital assets; and
- other products or services related to digital assets
People to whom we disclose personal data
We only share your personal data when we have a valid reason for it and when we are legally permitted to do so.
- Data processors. We use carefully selected service providers (data processors) in processing your personal data. We only use service providers that provide sufficient guarantees to implement appropriate technical and organizational security measures to protect your personal data. We have concluded appropriate data processing agreements with the service providers and shall remain responsible for their actions in respect of the processing of your personal data.
- The data processors we use include the following: e-mail service providers, website analytics service providers, liquidity providers and data hosting service providers. Should you require more detailed information as regards the data processors we use (e.g. their names and location) please contact us via the contact details below.
- Third parties. In some circumstances, we also share your personal data with third parties who act as independent data controllers as regards your personal data. We only share your personal data with third parties if stipulated herein, if required under the applicable law (e.g. when we are obliged to share personal data with the authorities), or with your consent.
- We also may need to share your personal data with third persons in relation to our need to protect our legal rights (e.g. attorneys and debt collection agencies). The legal basis for this is our legitimate interest to protect our legal rights and ensure the performance of the agreement. In such cases, your interests or fundamental rights and freedoms do not override our legitimate interests.
- We may disclose your personal data to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets. The legal basis for this is our legitimate interest to exercise our right to business. In such a case, we make sure that your rights and conditions as a data subject shall not be decreased, in which case your interests or fundamental rights and freedoms do not override our legitimate interests.
- Additionally, we may share your personal data with other third persons in order to fulfil our legal obligations (e.g. auditors, authorities). The legal basis for such sharing is compliance with our legal obligations.
- Furthermore, we will share your data with your representatives, advisers and others you have authorised to interact with us on your behalf. Please note that we consider such authorisation as your consent and therefore your request for such an activity must be presented to us in a written form.
- We will never sell your personal data to any third party.
We take the appropriate technical and organisational security measures in protecting your personal data, taking into account (i) the state of the art, (ii) costs of implementation, (iii) nature, scope context and purposes of the processing, and (iv) risks posed to you.
Retention of personal data
We retain your personal data for as long as is necessary for the purposes they were collected for, as long as necessary to safeguard our rights, or as long as required by the applicable law. We may retain your personal data for a number of years after the end of our relationship if it is necessary to safeguard our rights or required under the applicable law. If your personal data is being processed for several different purposes, the longest retention period shall apply.
In general, we store your personal data as follows:
- information on legal transactions between us is retained for as long the agreement between us is valid and for a period of 10 years as of when a claim falls due unless otherwise provided by law, asking you occasionally to update your personal data;
- billing information is retained for 7 years as of the end of the financial year in which the information was provided to us;
- all other data is retained for 5 years.
Access, correction and your other rights
To the extent required by applicable data protection regulations, you have all the rights of a data subject as regards your personal data. Such rights include the following:
- request access to your personal data;
- obtain a copy of your personal data;
- rectify inaccurate or incomplete personal data;
- erase personal data;
- restrict the processing of personal data;
- portability of personal data;
- object to processing of personal data which is based on legitimate interest and personal data which is processed for direct marketing purposes.
Please note that your rights as a data subject are not absolute and are subject to such considerations as allowed under the applicable law.
In order to exercise your rights, please contact us on the contact details below. Please note that you can exercise some rights (e.g. review and update your personal data) already by logging into your account. To protect the integrity and security of the information we hold, we may ask that you follow a defined access procedure, which may include steps to verify your identity. In certain cases, provided it is allowed under the applicable law, we may charge you an administration fee for providing you with access to the information you have asked for, but we will inform you of this before proceeding. There may be cases where we are unable to provide the information you request, such as where it would interfere with the privacy of others or result in a breach of confidentiality. In these cases we will let you know why we cannot comply with your request.
We try to meet the highest standards in order to protect your privacy. However, if you are concerned about the way in which we are managing your personal data and think we may have breached any applicable privacy laws, or any other relevant obligation, please contact our privacy compliance team using the contact details set out below. We will make a record of your complaint and refer it to our internal complaint resolution department for further investigation. We will deal with the matter as soon as we can, and keep you informed of the progress of our investigation.
Changes to this policy
We may make changes to this policy from time to time to take into account changes to our standard practices and procedures or where necessary to comply with applicable new laws, regulations, case-law and guidelines issued by competent authorities. Should the changes be material to you, we will notify you by e-mail and pop-up on the website. The latest version of this policy will always be available on our website.
Cookies are small text files that are installed on your device from websites that you visit. Cookies enable us to recognise and distinguish your device when visiting websites.
Types of cookies
The following types of cookies can generally be used:
- Strictly necessary / technical cookies which are essential in order to enable you to move around the website and use the features of the website you have chosen.
- Functionality cookies which allow the website to remember your settings and preferences (such as language) to provide more personal ways to use the website.
- Performance / analytics cookies which collect information about how you use the website, for instance which pages you go to most often and which error messages from web pages you receive. These cookies are used to improve how the website works. In our case, these cookies are limited to aggregated statistical purposes.
- Targeting / advertising / behaviorally targeted advertising cookies which enable us to show you personalised advertisements and conduct market research and analysis by using the data about your behavior and interests received from the website. These cookies can remember that your device has visited a site or service and may also be able to track your device’s browsing activity on other sites or services. The data received may be shared with advertising networks and advertising service providers.
- Multimedia cookies which store the technical information necessary for performing video or audio material.
- Social plug-ins to share content. Many social networks offer social plug-in modules which allow users of social networks to share content. Such plug-ins store cookies in the user's terminal and have access to it for the social network to be able to identify its members who interact with these plug-ins.
First-party and third-party cookies
First-party cookies are cookies that belong to the owner of the website. Third-party cookies are cookies that another party place on your device through the website. Third-party cookies may be placed on your device by someone providing a service for the owner of the website, for example to help them understand how their website is being used. Third-party cookies may also be placed on your device by other third parties so that they can use them to advertise products and services to you elsewhere on the Internet.
Persistent and session cookies
The length of time a cookie will stay on your device depends on whether it is a persistent or session cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your device until they expire or are deleted.
If the cookie is strictly necessary for the service requested by you, your consent for the use of such cookie is not required.
The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.