TERMS AND CONDITIONS OF USE
1. Terms and Conditions of Use
Daviescoin IT OÜ, is a private limited company in Estonia with registration number 14516546, whose legal address is Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe, 74626, Estonia.
The Company provides its activities in accordance with the law of the Republic of Estonia and the law of the European Union with the following licenses:
"Financial services, provision of exchange services of a virtual currency against a fiat currency" with license number FVR000700 of 01.02.2019
"Financial services, provision of a virtual currency wallet service" with license number FRK000607 01.02.2019
This agreement is considered concluded in the Republic of Estonia between you and the Company on the date and time you start using the software and / or service provided by the Company. The use of the software and the service is carried out in the Republic of Estonia, regardless of the user's physical location.
These are legal terms and conditions to use the software and the service. No other material, including texts from websites, prospectuses, bucklets, blog posts and other marketing material, should be considered as establishing and defining a legal relationship between the user and the Company, nor the legal status of the software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT WITHOUT LIMITING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRACTION. IN NO EVENT, THE AUTHORS OR THE HOLDERS OF THE COPYRIGHT WILL BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, EITHER IN CONTRACT ACTION, TORT OR OTHERWISE, DERIVED FROM, OUTSIDE, OR IN RELATION TO THE SOFTWARE OR THE USE OR OTHER TREATMENT IN THE SOFTWARE.
Due diligence and KYC. The purpose of the due diligence of the client is to avoid the use of assets and properties obtained criminally in the economic activities of credit institutions and financial institutions and in the services provided by them whose objective is to avoid exploitation of the financial and economic system. space of the Republic of Estonia for money laundering and terrorist financing. The due diligence of the client is directed, first of all, to apply the principle Know your client, according to which a client will be identified and the suitability of the transactions will be evaluated based on the client's main business and the previous payment pattern . In addition, due diligence of the client serves to identify unusual circumstances in a client's operations or circumstances for which an employee of the Company has grounds to suspect money laundering or terrorist financing.
The requirement for measures to prevent money laundering and terrorist financing is that the Company does not carry out transactions or establish relationships with anonymous or unidentified persons. Legislation requires the Company to waive a transaction or the establishment of a business relationship if a person does not provide sufficient information to identify the person or the purpose of the transactions or if the person's operations involve a greater risk of money laundering. Money or terrorism financing. In addition, the legislation requires that the Company terminate a continuous contract without the prior notification period if the person does not present sufficient information for the application of the client's due diligence measures.
Under current law, Daviescoin IT OÜ has the right, taking into account the special requirements and restrictions provided by law, to use the services of a third party under a contract whose purpose is the continuous performance of the activities and the continuation of the steps necessary for the provision of (a) service (s) of the Company to its customers and that would normally be performed and taken by the Company itself. For the purposes of this section, third parties include, for example, agents, subcontractors and other persons to whom the Company transfers the activities related to the provision of the services provided as a rule by the Company in its economic activities.
The user must take into account that, given the legal obligations of the company under the Law on Prevention of Money Laundering and Financing of Terrorism and other relevant laws, the Company must maintain the personal information of the users, and such information cannot be deleted or deleted by user request.
The user has a legal obligation to inform that the Company is, he / she is:
- A politically exposed person;
- A person whose place of residence or seat is in a country where insufficient measures have been taken to prevent money laundering and terrorist financing;
- A person with respect to whose activities there is prior suspicion that the person may be involved in money laundering or terrorist financing;
- A person with respect to whom international sanctions are imposed;
Legislation requires the Company to waive a transaction or the establishment of a business relationship if a person does not provide sufficient information to identify the person or the purpose of the transactions or if the person's operations involve a greater risk of money laundering. Money or terrorism financing. In addition, the legislation requires that the Company terminate a continuous contract without the prior notification period if the person does not present sufficient information for the application of the client's due diligence measures.
2. Charges: You are responsible for paying all costs or expenses you incur as a result of downloading and using the Daviescoin IT OÜ Application, including any operator network or roaming charges. Check with your service provider for details.
3. Anonymous statistics: Daviescoin IT OÜ reserves the right to track your activity on the Platform / APP and to inform our third-party statistical service providers. All this anonymously.
5. It is forbidden to alter or modify any part of the Platform / APP to those contained therein, to avoid, deactivate or manipulate in any other way (or try to avoid, deactivate or manipulate) the security functions or other functions of the program and use the Platform / APP or its contents for a commercial or advertising purpose. The use of the Platform / APP for the purpose of injuring goods, rights or interests of Daviescoin IT OÜ or third parties is prohibited. It is also prohibited to make any other use that alters, damages or disables the networks, servers, equipment, products and software of Daviescoin IT OÜ or third parties.
6. The Platform / APP and its contents (texts, photographs, graphics, images, technology, software, links, content, graphic design, source code, etc.), as well as trademarks and other distinctive signs are the property of Daviescoin IT OÜ or from third parties, the User not acquiring any right over them for the mere use of the Platform / APP. The User must refrain from:
a) Reproduce, copy, distribute, make available to third parties, communicate publicly, transform or modify the Platform / APP or its contents, except in the cases contemplated by law or expressly authorized by Daviescoin IT OÜ or by the holder of said rights.
b) Reproduce or copy for private use the Platform / APP or its contents, as well as communicate them publicly or make them available to third parties when this entails their reproduction.
c) Extract or reuse all or substantial part of the contents of the Platform / APP.
7. Subject to the conditions established in the previous section, Daviescoin IT OÜ grants the User a license to use the Platform / APP, not exclusive, free, for personal use, limited to the International territory and indefinitely. This license is also granted in the same terms with respect to the updates and improvements made in the application. Said user licenses may be revoked by Daviescoin IT OÜ unilaterally at any time, by mere notification to the User.
8. It is up to the User, in any case, to have adequate tools for the detection and disinfection of malicious programs or any other harmful computer element. Daviescoin IT OÜ is not responsible for damage to computer equipment during the use of the Platform / APP. Likewise, Daviescoin IT OÜ will not be liable for damages caused to Users when said damages originate from failures or disconnections in telecommunications networks that interrupt the service.
10. The User undertakes to make proper use of the Platform / APP, in accordance with the Law, with these Terms and Conditions of Use and with the other regulations and instructions that, where appropriate, may apply The User will respond to Daviescoin IT OÜ and third parties for any damages that may be caused by breach of these obligations.
11. These Terms and Conditions of Use are governed entirely by Estonian legislation. For the resolution of any dispute regarding its interpretation or application, the User expressly submits to the jurisdiction of the courts of Estonia.
In accordance with Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of these data (General Data Protection Regulation - GDPR), Daviescoin IT OÜ, informs users of Platform / APP Davies (hereinafter, the Platform / APP), about the processing of personal data, which they voluntarily provided during the process of registration, access and use of the service.
1. IDENTIFICATION OF THE RESPONSIBLE FOR THE TREATMENT
Daviescoin IT OÜ, with no .: 14516546 and address for the purposes of notifications in: Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe, 74626, Estonia and registered in the Mercantile Registry of Estonia. (hereinafter, the Responsible for the Treatment), is the entity responsible for the processing of the data provided by the customers of the Application (hereinafter, the User / s).
2. PURPOSE OF DATA PROCESSING
To proceed with the registration, access and subsequent use of the Platform / APP, the User must voluntarily provide personal data (essentially, identifying and contact), which will be incorporated into automated media owned by Daviescoin IT OÜ and its subsidiaries The collection, storage, modification, structuring and, where appropriate, elimination, of the data provided by the Users, will constitute processing operations carried out by the Responsible, in order to guarantee the proper functioning of the Platform / APP, maintain the relationship of provision of services and / or commercial with the User, and for the management, administration, information, provision and improvement of the service. The personal data provided by the User -especially, the email or e-mail- may also be used to send newsletters, as well as commercial communications of promotions and / or advertising of the Application, provided that the User has provided previously your express consent for the reception of these communications electronically.
The treatment of the User's data is carried out with the following legal bases that legitimize it:
The request for information and / or the contracting of the services of the Application, whose terms and conditions will be made available to the User in any case, prior to it, for their express acceptance.
In the event that the User does not provide Daviescoin IT OÜ and its affiliates with their data, or does so in an erroneous or incomplete manner, it will not be possible to proceed with the use of the Platform / APP.
4. CONSERVATION OF PERSONAL DATA
The personal data provided by the User will be kept in the systems and databases of the Data Controller, as long as he continues to use the Application, and provided he does not request its deletion. In order to refine the possible responsibilities arising from the processing, the data will be kept for a minimum period of five years.
The data will not be communicated to any third party outside Daviescoin IT OÜ or its affiliates, except legal obligation or in any case, upon request of the User's consent.
On the other hand, Daviescoin IT OÜ may give access or transmit the personal data provided by the User, to third party service providers, with whom it has signed custom data processing agreements, and that only access said information to provide a service in favor and on behalf of the Responsible.
6. DATA RETENTION
Daviescoin IT OÜ, informs the User that, as a provider of data hosting service and under the provisions of Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce (LSSI), retains for a maximum period of 12 months the essential information to identify the origin of the hosted data and the moment in which the service was started. The retention of this data does not affect the secrecy of communications and may only be used in the context of a criminal investigation or for the safeguarding of public safety, being made available to the judges and / or courts or the Ministry that so requires. . The communication of data to the State Security Forces and Bodies will be done under the provisions of the regulations on protection of personal data, and under the maximum respect for it.
7. PROTECTION OF ACCOMMODATED INFORMATION
The Data Controller, adopts the necessary measures to guarantee the security, integrity and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and their free movement.
Although the Responsible, makes backup copies of the contents hosted on its servers, however, it is not responsible for the loss or accidental deletion of the data by the Users. Likewise, it does not guarantee the total replacement of the data deleted by the Users, since the aforementioned data could have been deleted and / or modified during the period of time elapsed since the last backup. The services provided or provided through the Application, except for specific backup services, do not include the replacement of the contents kept in the backup copies made by the Data Controller, when this loss is attributable to the user; In this case, a rate will be determined according to the complexity and volume of the recovery, always after the user's acceptance. The replacement of deleted data is only included in the price of the service when the loss of content is due to causes attributable to the Responsible.
8. EXERCISE OF RIGHTS
Daviescoin IT OÜ, informs the User that they have access rights, rectification, limitation, deletion, opposition and portability, which may be exercised by request addressed to the email: email@example.com. Likewise, the User has the right to revoke the consent initially given, and to file claims of rights with the Estonian Data Protection Agency.
9. COMMERCIAL COMMUNICATIONS VIA ELECTRONICS
In application of the LSSI (Information Society Services Act), Daviescoin IT OÜ, will not send advertising or promotional communications by email or other equivalent electronic means of communication that had not previously been requested or expressly authorized by the recipients of the same.
In the case of users with whom there is a previous contractual, legal or service relationship, the Responsible for the Treatment, is authorized to send commercial communications regarding products or services of the Responsible that are similar to those that were initially contracted with the client.
In the event that the User wishes to unsubscribe at the time of receiving said communications, they may do so by sending their Will by e-mail to email: firstname.lastname@example.org