Legal

TERMS OF USE

Last updated on June 13, 2019

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING, BROWSING, OR REGISTERING TO USE OUR WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE OR ANY RELATED SERVICES.

These Terms of Use and any conditions expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by AlfaTech Inc. (Republic of Seychelles), a company incorporated under the laws of Republic of Seychelles using the website https://www.alfacoins.com (“Website”).

  1. Description of Services

    ALFAcoins enables you to (1) accept digital assets available on the Website as payment for goods and services, and (2) send, receive/request payments, convert (to crypro- and fiat currencies), pay and store digital assets securely via online wallet (“Services”). By using the Services, you authorize us to act as your agent so we may receive, hold and disburse funds on your behalf and to take any and all actions that we think are necessary to provide the Services and to comply with applicable laws.

    Payment by customers to ALFAcoins will be considered the same as payment made directly to you and will extinguish the customer’s outstanding obligation, to the extent of the payment. ALFAcoins and you are independent contractors and nothing in these Terms shall make us joint venturers, partners, employees, agents or other representatives of the other party.

    Our Services are intended solely for users who are 18 or older. If you are suspected of being younger than 18 years of age, we will require to close your Account and will not allow to continue using our Services.

    You can receive payments from any country except for Iran and North Korea.

  2. Restricted use of Services

    We reserve the right to restrict or terminate provision of Services at any time without any prior warning or to impose special conditions for the use of the services if you are engaged in activities that, in our opinion, involve greater risk.

    The following goods and services in any case may not be bought or sold with our Services:

    • Weapons, ammunition and defense products, replicas of firearms or cold steel weapons
    • Drugs, drug-like substances and plants, as well as their ingredients, or any substances for their production, as well as descriptions of methods for producing such substances
    • Medical drugs and medications dispensed on prescription only, as well as raw materials or instructions for their production
    • State awards or distinguishing badges
    • Identification documents and government issued documents (including falsified documents), and everything connected with creating or obtaining false identification documents or counterfeit government issued documents
    • Government agencies’ uniforms
    • Specialty items related to the police and law enforcement agencies
    • Electronic equipment prohibited for use in this country or region
    • Devices used for hacking and tampering with locks
    • Information containing personal data or data suitable for undertaking illegal activities (spam emails, etc.).
    • Information containing state, banking, or trade secrets.
    • Information that violates a person’s privacy, infringing upon the honor, dignity and business reputation of individuals and legal entities.
    • Information transmitted exclusively virtually and not recorded on any material carrier (ideas, methods, principles etc.).
    • Archeological heritage items.
    • Items or services that violate rules of public morality (including, but not limited to, child pornography, Nazi memorabilia items, escort services, and prostitution).
    • Any equipment used to organize and conduct gambling.
    • Any items with available initially but removed serial numbers.
    • Malicious software.
    • Goods or services directly or indirectly compelling illegal actions (promoting social, racial, religious, or ethnic strife; discrimination, violence, hatred, revenge, harassment; containing propaganda of terror or physical harm).
    • Perishable goods.
    • Fake or counterfeit goods.
    • Items and equipment intended for use (including illegal transfer) of copyright protected items without the permission of the authors (including, but not limited to, components designed to remove copyright protection or regional restrictions, or software elements of electronic devices).
    • Dangerous goods (including, but not limited to, those that contain explosive, toxic, poisonous, and/or radioactive materials).
    • Information about the production of explosive, pyrotechnic, incendiary, and other similar substances and devices.
    • Human organs and human remains.
    • Goods or services that have no value in use.
    • Financial or payment instruments whose accounting systems do not ensure proper identification of the owner for the purpose of combating illegal trade, financial fraud, and money laundering of funds obtained by illegal means.
    • Items of artistic and historical value that constitute a country’s cultural values.

    Other restrictions on provision of Services may be additionally specified on the Website.

  3. Fees

    Fees for the use of Services are charged on each transaction. You are free to either include it in the price of goods (services), or to charge a commission to your client over and above the price of the goods (services). Our current fees are available at https://www.alfacoins.com/prices.

    You will have these service fees offset against your merchant ledger balance available for withdrawal in your Account. If you issue a full or partial refund to your customers, these amounts will be deducted from your merchant ledger balance.

    You can withdraw funds in digital assets only. There is also a BitSend function, allowing you to send salaries and bonuses to your staff and partners.

  4. Taxation

    It is your responsibility to determine what taxes apply to the transactions and accounts you utilize as a part of the Services, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. ALFAcoins is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

    You warrant that you are acting legally in accordance with any applicable international, federal, state or local tax laws or regulations.

  5. Use of the Account

    You are obliged to open an Account on our Website. The information you provide at the time of Account opening must be accurate, valid and complete, and you must inform us of any changes to such information. We may request additional information from you to ensure the details of your legal entity (including personal details of directors, copy of director's identity documents, copy of certificate of incorporation, articles of association, commercial license or any other documents).

    By using our Services you agree and acknowledge that all and any actions (transactions) performed by using your Account, shall be valid and causing legal effects as the actions (transactions) formalized by a paper document signed by you, and if you are acting on behalf of a legal entity.

    ALFAcoins reserves the right to refuse to enter into business relations with any existing or prospective merchant at any time, at its own discretion. We also reserve the right to restrict or terminate provision of Services at any time without any prior warning or to impose special conditions for the use of the services if you are engaged in activities that, in our opinion, may be viewed as illegal or fraudulent. If provision of Services is restricted or terminated as a result of our suspicion that you are engaged in illegal fraudulent and (or) unfair activities, it is your responsibility to prove the absence of such a circumstance to us.

    ALFAcoins reserves the right to impose transaction processing limits on you Account, to which you will comply. These limits may take the form of the total value of transactions within a period of time, or an upper limit for an individual transaction. We may impose any conditions to determine transaction processing limits.

  6. Anti-money laundering requirements

    ALFAcoins take all appropriate measure and implement best standards to compliance with all applicable laws and regulations regarding Anti-Money Laundering (“AML”). We will make reasonable efforts to detect and prevent people engaged in any criminal activity in any jurisdiction from using our Services.

    We are further required to obtain and record information and documentation that helps to confirm your identity or provides additional information regarding your use of the Services. If we cannot confirm this information, we may require additional documents to verify your identity. We may ask for this information at any time before, during or after your use of the Services.

    We also may request information from you as a result of our name screening processes, for investigative purposes related to you or to another user, or as a randomly sampled test of the accuracy of our processes. In the latter case, we may require documentation from you at no fault, and ask you to furnish it with or without a reason provided.

  7. Refunds

    If you would like to be entitled to any refunds related to processing of payments with the use of ALFAcoins payment gateway, you shall fulfill the following requirements. You shall maintain a clear refund policy and disclose it to your customers ensuring that your policies and procedures comply with all applicable laws and regulations, and with the provisions of these Terms. You may determine your refund policy and procedures, provided that they comply with all applicable laws and regulations, and with the provisions of our refund principles. We may charge additional fees for any refunds not resulting from error on our side. ALFAcoins may waive these charges at its discretion. You may pass these charges on to the customer based on your own refund policy. Any required conversions during the refund process will be calculated at the exchange rate determined by ALFAcoins.

  8. Security

    We believe that it is our goal to secure information relating to your use of our Website and Account. As a result, we make reasonable efforts to maintain an information security management system; to control its information with strong controls; to continuously offer training to our personnel on information security; to prevent unauthorized access, leakage, modification, theft/loss, denial of service attacks, or any other security threat; to identify and limit the incidence of information security breaches; to proactively address laws and regulations in each jurisdiction in which we operate relating to information security standards and requirements.

  9. Liability

    ALFAcoins reserves the right to close your Account, access to the Website, or access to the Services for any reason and at any time, returning to you any funds clearly and unambiguously owed to the most recent contact information you have provided. You indemnify us against losses taken pursuant to closure or returns of this type.

    You shall indemnify ALFAcoins and our agents (if any), employees, officers, directors, affiliates, subsidiaries and successors, and hold them harmless from and against all third-party claims except those resulting solely from ALFAcoins breach of the Terms. Similarly, ALFAcoins shall indemnify and hold harmless you and your agents, employees, officers, directors, affiliates, subsidiaries and successors from and against all third-party claims except those resulting solely from your breach of the Terms.

    We shall not be liable for any delay or failure in the performance or in the delivery or shipment of digital assets, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment or any other cause or causes beyond our control of any kind.

  10. Personal data

    Please refer to our Privacy Policy for information about how we collect, use and share your personal information.

  11. Intellectual property

    We grant you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the Website and Services, solely for approved purposes as permitted by ALFAcoins. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the ALFAcoins materials.

  12. Governing law and dispute resolution

    You agree that Seychelles laws, excluding conflict of laws provisions, will govern these Terms and all matters arising out of this document. The parties expressly agree to venue in courts located in Republic of Seychelles.

  13. Sanctions

    You guarantee that you are not subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”); no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving you with respect to U.S. sanctions administered by OFAC is pending or, to your knowledge, threatened; and you have not directly or indirectly lent, contributed or otherwise made available funds to any party, joint venture partner or other person or entity, for the purpose of financing the activities of any person that would, if undertaken by a U.S. person as defined in the U.S. sanctions administered by OFAC, be prohibited by any U.S. sanctions administered by OFAC.

    You also confirm that you are not a national or resident of Bangladesh, Bolivia, Central African Republic, Cuba, Iran, Iraq, Lebanon, Libya, Democratic Republic of the Congo, North Korea, Crimea, South Sudan, Sudan, Syria, Somalia, United States of America (including all dependent territories, e.g. Puerto Rico, American Samoa, Guam, Northern Mariana Island and the US Virgin Islands), Venezuela as well as any other country subject to UN Security Council Sanctions List and U.S. sanctions. ALFAcoins maintains the right to restrict or refuse its services in these jurisdictions.

  14. Changes to the Terms

    ALFAcoins hereby reserves the right to exercise our discretion at any time to amend these Terms by publishing an updated text on the Website. If after the publishing of the updated text of the Terms on the Website you will continue using our Services, it shall be deemed that you agree with the amended Terms and undertake to be bound by them.

  15. Final provisions

    The invalidity or unenforceability of any provisions of the Terms shall not affect the validity or enforceability of any other provision of the Terms, which shall remain in full force and effect.

    Our failure to exercise any right arising out of a violation of the Terms committed by you shall not operate as a waiver. We reserve the right to resort to any remedy at any time to protect its interests and intellectual rights to the protected elements of the Website.

PRIVACY POLICY

This ALFAcoins Privacy Policy ("Policy") describes the way we treat personally identifiable information that we collect when you are on a site, web portal or web pages operated or owned by ALFAcoins ("Website") or affiliated with ALFAcoins ("ALFAcoins Website(s)"). By using our services or opening an account with us, you are deemed to have agreed to the terms of this Policy.

We adhere to certain practices regarding your personally identifiable information, that is, data which can be used to identify or made identifiable an individual.

To be fully compliant with personal data protection rules we adhere to the following principles in order to protect your privacy:

  • We respect the right of individuals to access their personal data
  • We will provide you with choices and means to limit the use and disclosure of your personal data
  • We will not rent or sell your personal data to third parties
  • Any personal data that you provide to us will be secured with industry standard safety protocols and technology
  • We are committed to follow certain principles of personal data received from the EU in reliance on GDPR effective as of May 25, 2018
  • We will collect your personal data only for the purposes set forth herein
  • We provide you with the means to contact us regarding inquiries or complaints of yours.

ALFAcoins aims to ensure that this Policy is always publicly, transparently and easily applicable at ALFAcoins websites.

IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT ACCESS OR USE OUR WEBSITE.

1. Collecting Your Personal Information

If you apply for an account with us you will be required to provide us with personal data in order to verify your identity as required by law. If our business activity with you increases, we may require you to provide additional personal data in order to protect our business from risk and to continue our compliance with legal requirements.

In order to perform the services we collect from you the following personal information about you:

  • username
  • e-mail address

For the purpose of verification of data, you must present to ALFAcoins an identity document or send a scan or photo thereof in the .jpg or .png format by means of the form on the Website. The scan/photo of the identity document must meet the following terms: data on the document must be clearly visible, all edges of the document must be visible, no data can be covered. The file cannot contain any signs of digital remake (e.g. painting over of an element using a graphic program). Placement of a watermark is admissible. In case of doubts, ALFAcoins can ask you to send the photo of their identity document made so that both the face and their identity document can be seen simultaneously.

2. Processing Your Personal Information

Personal data is processed pursuant to the provisions of the Regulation of the European Parliament and of the Council (UE) 2016/679 of 27th 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/CE (J. o.L. UE 2016, it. L119) and the Act of 10th May 2018 on the Protection of Personal Data.

The basis for the processing of data are either your consent or provisions of law that authorize to process personal data, including in particular any relevant laws and regulations on counteracting money-laundering and terrorism financing.

The provision of data is voluntary, however indispensable for rendering our services. The processing of your personal data collected when you register is based firstly on your consent as you read and accept the Policy before you create an account and give any personal information. You can withdraw your consent at any time, going on your personal account.

In order for us to provide our services we will need to undertake as the collection, recording, organization, storage, adaptation / alteration, retrieval, consultation, use, disclosure / dissemination, along with its erasure or destruction of your personal data, either among our affiliates or other authorized third parties. Our Website does not collect any sensitive personal data about you (i.e. gender, racial origin, financial position).

ALFAcoins is concerned with protecting your privacy and have rigid procedures & systems for data protection by design and default in place to protect the information against unlawful or unauthorised access, accidental loss or destruction, damage, unlawful or unauthorised use and disclosure. We will also take all reasonable precautions to ensure that our staff and employees who have access to personal data about you have received adequate training.

ALFAcoins provides sufficient guarantees to implement appropriate technical and organizational measures in such manner that processing will meet the requirements of GDPR and ensure the protection of the rights of data subject. Indeed, the following specific measures are put in place:

In providing our service to you we may be required to transmit your personal data to third parties located outside the EU countries which could not have the same standards of protection for personal data. By registering your personal data with us, you agree to such transfer and use of your personal data. We will at all times ensure that third parties to whom your data is transferred have committed that they will comply with our data protection standards by putting in place a contract to ensure your information is adequately protected. Our collection, storage and use of your personal data will at all times continue to be governed by this Policy.

The Website or other ALFAcoins Website(s) may contain hyperlinks to websites operated by parties other than ALFAcoins. Such hyperlinks are provided for your reference only. ALFAcoins does not control these websites and is not accountable for their contents or how they collect and handle your data.

The processing of your personal data for the purposes described is based on your explicit consent or on the necessity to process your personal data for the purposes of legitimate interests, as provided by Article 9, 2., (a) and (f) of the GDPR. Once you have established an account with us, we may use your personal data for the following purposes:

  • allowing you to fund your account
  • verifying that you are the account holder if you contact us
  • informing you of any changes affecting your use of your account with us
  • contacting you for marketing of additional products or services we offer
  • contacting you for crime and fraud investigations, detection and prevention

When collecting data, only the personal data absolutely required for that purpose may be requested. This means that no data other than what is necessary can be requested, or stored.

Basically, we consider that your personal data should be retained only while necessary. In particular, personal data should be deleted once the legitimate purpose for which it was collected has been fulfilled. However, we may retain personal data even after an account has been closed or is no longer engaged in business with ALFAcoins if retention is reasonably necessary to comply with our legal obligations or meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our Policy or our contractual obligations.

We take commercially reasonable efforts to secure your personal data and protect it from unauthorized access, use or disclosure. If you provided us with electronic data, we will secure your personal data on our servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All electronic personal information is transmitted to other Websites through the use of Secure Socket Layer (SSL) encrypted protection. We will retain your personal information for a reasonable period or as long as required by law.

We do not knowingly request to collect personal information from any person under the age of 18. If a user submitting personal information is suspected of being younger than 18 years of age, we will require to close his or her account. We will also take steps to delete the information as soon as possible.

3. Your Rights

As your data controllers, we want to uphold an honest and transparent Policy about your freedoms and rights as a user. This Policy outlines the purposes of the processing for which the personal data are intended as well as the legal basis for the processing.

You shall have the right to make a request to us in order to enforce your rights to:

  • Access personal data
  • Rectify personal data, when inaccurate or incomplete
  • Cancel processing of personal data
  • Object —with legitimate reasons— the process of his personal data; and/or
  • Revoke consent for the use, storage, treatment, process and/or, disclosure of personal data.

The enforcement and upholding of your privacy rights should be requested to us in writing and must include, at a minimum, the following information:

  • your complete name, address and/or e-mail address in order for us to notify you the response to your privacy request
  • attached documents establishing your identity; and
  • a clear and concise description of the personal data with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to back up your request.

In order to enforce of your privacy rights, please contact us by email [email protected]. Upon receipt of your privacy request, and after due review of its merit, we may then edit, deactivate and/or delete your personal data from our Website or services. Please take into account that we may not be able to delete all of your data from some our databases and that, if so is the case, we will then mark such data as permanently inaccessible. In case of amendment of personal data, you are obliged to perform actions aiming at updating personal data on the account.

We can deny removal of personal data in a justified case (if you have completed transactions), and in particular if you:

  • have not paid all amount due to us, or
  • have violated terms of use of the Website, or
  • have violated the effective provisions of law, and the maintenance of personal data is indispensable for explanation of such circumstances and determination of the scope of your liability. In each case of denial of personal data removal, we shall inform you on the reasons of such denial along with the legal grounds thereof.

In case of doubts regarding the method of processing personal data, you can receive explanation from us and have the right to file an inquiry, a reservation or a complaint to the supervisory body.

The basis for processing data are in particular the effective regulations and provisions of law and the consent if it was given by you.

On the basis of the processed personal data decisions shall not be made automatically as well as data shall not be used for profiling.

We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain ALFAcoins products and those of our partners. Such results consist solely of non-personally identifiable information. Non-personally identifiable information may be stored indefinitely.

You can access some of the information that we collect about you. For example, by logging into your account, you can access information regarding recent transactions; certain personal data we maintain about you; your communication preferences; and other settings.

With respect to your communications preferences, you can unsubscribe from any materials by following the instructions included in the communication letter you receive, or you can log into your account and update your email subscription options. If your email address has changed and you would like to continue to receive materials, you will need to access your account, update your email address information in your account, and sign up again.

You also have choices with respect to cookies, as described in Section 4 of the Policy. By modifying your browser preferences, you may be able to choose to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Websites may not work properly in your case.

4. Cookies

A cookie is a text file that is used for an origin website to send state information to a user's browser and for the browser to return the state information to the origin site. The state information can be used for authentication, identification of a user session, user's preferences, shopping cart contents, or anything else that can be accomplished through storing text data on the user's computer. We only use session cookies which are essential for the operation of the service you request. These cookies do not contain any personal information and are deleted when you close your browser.
Our or our third party's data processors' websites use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics also uses cookies. The information generated by these cookies 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. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of our website. By using our website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Information on some of your actions is subject to log into the server layer. This data is only used to administer the Website and to ensure the most efficient hosting services, also for evidential purposes in connection with committed crimes or due to circumstances connected with seeking claims in civil proceedings.

Browsed resources are being identified by URLs. Moreover, the following data may be stored:

  • date of request
  • time of reply
  • name of your station - identification carried out by HTTP, HTTPS protocols
  • information on errors that occurred during the HTTP, HTTPS transactions
  • URL of the page previously visited (referer link) - when the transition to the Website took place by reference
  • information about your browser
  • IP address information.

Some of the above data is not associated with particular users using the Website. We do not associate this data with your personal data and do not use it for your identification as it is only used for the purpose of server administration.

5. Disclaimer

Please note that even though ALFAcoins uses industry-leading measures to protect data, we cannot ensure or warrant the security of any information you transmit to ALFAcoins or guarantee that your information on ALFAcoins may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. No method of transmission over the Internet or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. ALFAcoins uses an internal protocol for security measures to ensure that outside personnel cannot access our databases. We also apply access restrictions and educate staff members on how to properly handle personal data.

In case a personal data breach occurs that could result in a high risk to the rights and freedoms of natural persons, we will notify you immediately in a notification describing the nature of the data breach, the likely consequences of the personal data breach and the measures taken to address it.

We will not notify you of the breach if our technical and organisational protection measures eliminate the risk of the breach, if the high risk to the rights and freedoms of data subjects is no longer likely to materialize or if it would involve disproportionate effort. In such a case, we will instead organize a public communication or similar measure where the data subjects are informed in an equally effective manner.

If you have any questions about security on our Website, you can contact us by email [email protected].

6. Amendments and Updates

ALFAcoins may change this Policy from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Policy to stay informed. If we make changes that materially alter your privacy rights, ALFAcoins will provide additional notice, such as via email or through the services. If you disagree with the changes to this Policy, you should deactivate your account.

7. Contact

If you have any questions or queries about us or our Policy please contact us by email [email protected].