TERMS AND CONDITIONS VERSION 1.0.0 2018

These general terms and conditions apply to all services provided by ARKANE, a legal person incorporated under the laws of Belgium, having its registered office at Antwerpsesteenweg 45, 2830 Willebroek, Belgium (hereafter "Provider").

Article 1. Definitions

Capitalised terms used in these Terms of Use shall have the meaning as defined in Annex 1.

Article 2. Services

2.1 Provider provides services to facilitate the use, transfers and exchange of Cryptocurrencies consisting amongst others by making available Wallets and storing of users private keys of corresponding blockchain addresses, as further described in Annex 2 (all these services hereafter collectively referred to as "the Services").

2.2 If you place an order for Services via the Website an Agreement will come into place as soon as your order for Services has been confirmed by Provider to you. To be able to order Services You will be requested to acknowledge and agree to these general terms and conditions and the annexes thereto ("Terms of Use"). By acknowledging and accepting the Terms of Use You accept that they form part of the Agreement and You accept to be bound by them.

2.3 The Services to be provided by Provider are those that are listed in the confirmation of your order. Provider shall not provide any other Services than those described are listed in your order and further described in these Terms of Use.

2.4 Provider may extend its service provision with new services. New services will be part of the Agreement if You have ordered them and this order has been confirmed by Provider to you.

2.5 The Services part of your Order and the availability thereof may be subject to change at any time, in particular in the context of bugfixing, enhancing security or upgrades to implement new functionalities.

Provider will notify You of any such change(s) prior to the implementation thereof and of any costs associated with it.

You hereby agree to any change implemented to correct bugs or to enhance security.

For other changes, if You are a Consumer and you do not agree with the change, you are entitled to terminate the Agreement within thirty (30) days after having notified such disagreement to Provider, unless the change is implemented without any additional cost or fee and has no impact on essential functionalities of the Services you use.

2.6 The obligations of the Provider under the Agreement are best effort obligations.

2.7 Since the Services imply an internet-delivered software application, the Services may experience periods of downtime, including but not limited to scheduled maintenance. Provider makes no representations or warranties, whether express, implied or statutory, with respect to the Services provided hereunder, including the Wallet and any application, documentation, content, data and materials made available with the Services. Provider specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringements, and accuracy. Provider does not warrant that the Services will be error-free or operate without interruptions or downtime, or that the results obtained from the Services will meet Your needs. You further understand and agree that the Services is provided 'as is' and 'as available'. This means Provider does not represent or warrant to You that information will be accurate or reliable, Services provision will be reliable, nor that any defects in the operation or functionality will be repaired or corrected.

2.8 No information or advise, whether expressed implied, oral or written, obtained by you from Provider, or through any Services we provide, shall create any warranty, guarantee, or condition of any kind, except as explicitly agreed otherwise in writing.

2.9 The following services are not included in the Services provided by Provider and Provider does not undertake any liability in this respect:

  • sale or purchase or otherwise trading of Cryptocurrency,
  • exchange services between Cryptocurrencies and fiat currencies,
  • communication network services (such as e.g. the use of internet connection required for the use of the Services).

2.10 Cryptocurrencies may be subject to market fluctuations and sudden and significant increases or decreases in the value. Provider does not undertake any risk regarding this market volatility and other risks involved in buying, selling or trading Cryptocurrencies. You are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with Cryptocurrencies.

Article 3. Access and use of the Services

3.1 Depending on the exact Services covered by the Agreement, You may be required to register and to create an account with Provider. As part of the registration process, You may be required to provide Personal Data (such as identification, contact details, etc.). You acknowledge and agree that any information you provide, including any Personal Data, will always be accurate, correct, and up to date.

3.2 If You fail to provide the required information in accordance with Article 2.1, it is possible that the performance of any Services may be delayed.

3.3 You must use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations.

3.4 Provider is entitled, at its discretion, to permanently or temporarily suspend Your access to and use of (any of) the Services, without due notice (unless notice is required under applicable law), and for any reason, including but not limited to:

  1. during planned downtime for upgrades and maintenance to the Services as communicated to You reasonably in advance;
  2. unplanned downtime for upgrades and maintenance to the Services in case of occurrence of a Force Majeure event or of a bug or malfunctioning requiring urgent intervention;
  3. if Provider suspects or detects any malicious code, software or a security issue, connected to Your Wallet or Your use of the Services;
  4. if You breach the Agreement and such breach is not cured within fourteen (14) business days commencing on the date of a written notice of default or immediately if such breach is not curable.

In case you are a Consumer, this right of suspension is limited to the cases mentioned under a) to c).

Article 4. Your obligations as User

4.1 You will use the Wallet, the Services and any related applications, in accordance with the license set forth under Article 5.

4.2 You are not allowed to access (or attempt to access) the Services by any means other than through the means Provider provides or has indicated to be used. You specifically agree not to access (or attempt to access) any Services via any illegal and unlawful means, or use your Wallet or any Services in an illegal or unlawful manner, or use any Services to support purposes that are illegal or unlawful (such as terrorism, fraud or other criminal activity).

4.3 You shall not engage in any activity that disrupts or interferes with the Services, including the servers and/or networks to which the Services or Wallet are located or connected. You will not try to hack applications used for the Services or to gain access to data or Wallets of other users.

4.4 You will comply with the specific terms governing the Services as set forth in Annex 2 and the provisions of Article 6 regarding security and recovery.

4.5 If you purchase or exchange Cryptocurrency through Your Wallet, You acknowledge;

  1. You will buy the Cryptocurrency from the relevant third party seller displayed in the Wallet ;
  2. You may be required to register with the relevant seller's services before being able to make the purchase;
  3. the relevant seller's terms and conditions may apply.

Article 5. Intellectual property rights and License

5.1 All content and materials available on the Website, including but not limited to text, graphics, website name, code, images and logos, are the intellectual property of Provider, and are protected by applicable Intellectual Property Rights. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Website is strictly prohibited, unless specifically authorized by Provider in writing.

5.2 Provider (or its service providers as the case may be) own(s) all right, title and interest in and to the Wallet, the Services, applications, and/or any other deliverables and any modifications and enhancements thereof, including without limitation all Intellectual Property Rights.

5.3 Provider grants You a non-exclusive, perpetual and non-transferable right to use the Wallet, the Services and any related applications, solely for Your personal or internal business operations (and not to resell or otherwise distribute), unless specified otherwise in the applicable Agreement.

5.4 Subject to these Terms of Use and the Agreement, Provider grants You a non-exclusive, non-transferable right to use the Wallet, the Services and any related applications during the term of the Agreement, solely for Your personal purposes or Your business' activities, as applicable.

5.5 You acknowledge that Provider and/or its relevant supplier(s) own all right, title and interest in and to the Wallet, the Services, and related applications and any modifications and enhancements thereof, including without limitation all Intellectual Property Rights, and such rights are protected by international intellectual property laws.

5.6 You may not, unless indicated otherwise or unless permitted by applicable law:

  1. copy, reproduce, alter, modify, or create derivative works from the Wallet, the Services or applications provided;
  2. license, sublicense, sell, resell, rent, lease, distribute, transfer, time share, assign or resell the Wallet, Services or applications provided (or any part thereof), or use the Wallet, Services or applications as the basis for developing a competitive solution (or contract with a third party to do so); or
  3. remove or alter any of the logos, trademarks, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Wallet, the Services or applications provided.

5.7 You will not nor will You authorize or encourage any third party to:

  1. use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Provider;
  2. use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services;
  3. use or attempt to use another user's Wallet without the necessary authorization(s).

Article 6. Security and recovery

6.1 Provider makes its best efforts to maintain security with regard to its Services, in accordance with the specifications set forth in Annex 2.

6.2 You will use the Wallet and the Services in compliance with the security measures communicated by Provider. Provider is entitled to update these security measures with a view to adapting its Services to new security standards.

6.3 You are responsible for maintaining the confidentiality of any login information you use to access and use the Wallet (such as login and PIN code) and the Services provided to You, for any Wallet backups, and any specific authentication credentials, and You shall not disclose them to any third party. You are responsible for all activities that occur under the account(s) associated with your Agreement.

Article 7. Fees and payment

7.1 Provider provides its Services against payment of the fee set forth in Annex 3, to be increased with the applicable VAT or other taxes and costs as indicated in Annex 3. You will pay any sales, value-added or other similar taxes imposed by applicable law that Provider must pay based on the Services You ordered.

7.2 Fees can be paid in US Dollars or in Cryptocurrencies and according to the modalities set forth in that Annex 3. In case You choose to pay the fee in Cryptocurrencies, You will need to provide us with Cryptocurrencies for a value equaling the fee expressed in US Dollar and your payment will automatically be considered as a payment in the US dollars.

7.3 Unless specified and agreed otherwise in the Agreement, all fees associated with Your access to and use of the Services are immediately due. An invoice will be sent within thirty (30) days of the payment date.

7.4 A Party shall be entitled to set-off against any amount payable by such Party to the other Party any amount payable by the other Party to such Party.

Article 8. Term and termination / suspension

8.1 The Agreement is entered into for an indefinite period of time. After this term You can renew the Agreement in which case you will be requested to consent to the Terms of Use as applicable at that time. In case of renewal of the Agreement new fees may apply.

8.2 Each party may terminate the Agreement:

  1. subject to a notice period of one (1) month, for convenience;
  2. immediately, without compensation being due and without prejudice to such parties' right to possible compensation for damages, in case the other party (a) ceases its business or becomes the object of a liquidation or dissolution, (b) is declared bankrupt, (c) is the object of an appointment of a receiver or admitted in writing its inability to pay its debts, (d) undergoes a significant and detrimental change in legal status (e.g. merger, demerger, acquisition or other case of legal succession);
  3. immediately without compensation being due and without prejudice to such parties' right to possible compensation for damages, in case of payment delay of more than 14 days; or
  4. in case of material breach, immediately if the breach cannot be cured or, in case the breach can be cured, it has not been cured within fifteen (15) days after written notification of the breach.

8.3 Provider may terminate or suspend the Agreement or the access to a Wallet or Service in case of:

  1. violation of mandatory laws (such as, but not limited to, laws and regulations regarding money laundering, financing of terrorism or financial crime) by You or in case you are or are suspected to be associated with any of such violations;
  2. fraud or if You provide, or we suspect You have provided, false information or
  3. refusal to provide information Provider requires for our compliance with mandatory laws (such as but not limited to identity verifications in the context of the prevention of money laundering);
  4. Article 3.4.

Article 9. Data protection

Provider shall process Personal Data it obtains as part of the performance of this Agreement in accordance with the provisions of Annex 4.

Article 10. Community - Third Party Content

10.1 Provider may provide various open communication tools on its website(s), such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media Services, etc.

10.2 Provider will not pre-screen or monitor the content posted by users of these various communication tools. If You use these tools to submit any type of content to the Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. You will not upload, post, share, or otherwise distribute any content that:

  1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language or graphic;
  2. infringes any Intellectual Property Right of any person;
  3. contains any type of unauthorized or unsolicited advertising;
  4. impersonates any person or entity, including any Provider employees or representatives.

10.3 Provider may at its sole discretion remove any content, for instance if it is illegal or breaches these Terms of Use.

10.4 We do not assume any liability for any third party content.

10.5 With respect to any content You post or communicate with the tools mentioned under Article 10.1, You grant Provider and its affiliates a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as we see fit.

10.6 You agree to indemnify and hold harmless Provider and its affiliates, and their directors, officers, managers, employees, or contract parties, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or the failure to fulfil any obligations relating to your account incurred by You or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Use. In such event, You shall provide us with such cooperation as is reasonably requested by us.

Article 11. Liability and limitation of liability

11.1 A party shall only be liable for its own willful misconduct, its own fraud, gross misconduct or a repeated minor fault in relation with its contractual obligations (hereafter collectively a 'Fault'), which is exclusively attributable to it.

In case of liability of a Party, the following restrictions shall apply to a Party's compensation obligations, except in case of personal willful misconduct or personal fraud, in which case no compensation restrictions apply.

11.2 Any compensation due for damages arising out of a Fault or any negligence shall, per year, not exceed the yearly amount of the fees paid by You to Provider in the year of occurrence of the event giving rise to the claim for the Service(s) which is (are) the subject of the claim.

As long as the services are provided for free (see Annex 3) the compensation due for damages as mentioned in the previous paragraph shall not exceed 100 US Dollar per user.

11.3 Any liability for incidental, indirect or consequential damages including, but not limited, to loss of opportunity, loss of goodwill, loss of business, loss of profit or reputation damage, is excluded.

11.4 Liability claims are valid only if introduced within six (6) months after the date at which the damageable event has become known or should have become known to the client.

11.5 You acknowledge that the Services are dependent on service provision by third parties (such as telecommunication services) and Provider shall not be responsible for any damage caused by such service or any interruption of its Services provision due to an interruption of such third party service. Provider is not responsible for data loss, data corruption or fraudulent transactions with the Wallet.

11.6 You agree to hold harmless and indemnify Provider, and its affiliates, management, officers, agents, subcontractors and employees from and against any third party claim arising from or in any way related to Your, including Your affiliates, management, officers, agents, subcontractors and employees, and or other person's use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

11.7 Provider cannot be held liable for any fault, omission or breach of contract of a third party.

11.8 A party shall not be liable for any non-performance of its obligations pursuant to the Agreement, if such non-performance is caused by a Force Majeure event. In case of a Force Majeure event, the party affected by the Force Majeure has the right to suspend the execution or further execution of the Services.

Article 12. Confidential information

Any information exchanged in the context of the Services provision and Confidential Information are strictly confidential and shall not be disclosed, without prior written consent of the party that has provided the information. Each party shall take all the necessary measures to assure the confidentiality of the information (including by its members of staff or subcontractors) during the entire duration of the contract and for five (5) years after the termination of the contract.

Article 13. Cancellation right for Consumers

13.1 If You are a Consumer, You are entitled to cancel your order for a Service within 14 days of when you received your receipt, without giving any reason.

13.2 To cancel your order, you must notify Provider of your decision via the model cancellation form in Annex 5 or by making any other clear statement.

13.3 To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired.

13.4 Provider will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and You will not incur any fees for such reimbursement, it being understood however that if You paid the fee in Bitcoin, such payment will automatically be considered a payment in US Dollar and You will thus in that case be reimbursed either the amount in US Dollars or Bitcoins for an amount that equals that amount in US Dollars.

13.5 You cannot cancel your order for Services after full execution of the Service if the delivery has started upon your request and You have and acknowledged that you thereby lose your cancellation right or in case of delivery of digital content otherwise then on an enduring support if the delivery has started upon your request and You have and acknowledged that you thereby lose your cancellation right.

Article 14. Miscellaneous

14.1 Any dispute concerning the contract is subject to the exclusive competence of the courts of Antwerp, Belgium, except if you are a Consumer and this is not permitted under mandatory consumer protection law of Your country of residence. In the latter case the competent court is to be determined in accordance with that applicable law.

14.2 The contract is governed by Belgian law with exception to the conflict of law principles thereof.

14.3 If a clause of these terms and conditions is null or invalid this shall not entail the nullity or invalidity of these terms and conditions as a whole. In such case and in case a clause is unenforceable, the parties shall replace such clause as soon as possible by a clause the content of which approximates as closely as possible the aim of the clause to be replaced.

14.4 The rights and obligations of a party under the Agreement cannot be assigned or transferred except with the prior written approval of Provider.

Annex 1 - Defined terms

Term Definition
Agreement: means the agreement You have entered into with Provider, online or offline as the case may be, for Your use of any Services;
Confidential Information: means information regarding Provider's products or services, including but not limited to the Services, documentation, software, trade secrets embodied therein and any other written or electronic information that is either (i) marked as confidential and/or proprietary, or which is accompanied by written notice that such information is confidential and/or proprietary, or (ii) not marked or accompanied by notice that it is confidential and/or proprietary but which, if disclosed to any third party, could reasonably and foreseeably cause competitive harm to the owner of such information. Is not considered to constitute confidential information: (a) the existence of the contract; (b) the information that is part of the public domain, without intervention or fault of the party that received it; (c) the information legally obtained from a third party that is not bound to any obligation of confidentiality or legal reserve; (d) the information known by one of the parties before its transmission in the context of the contract;
Cryptocurrency: a digital representation of value that is not issued or guaranteed by a central bank or a public authority, is not necessarily attached to a legally established currency and does not possess a legal status of currency or money, but is accepted by natural or legal persons as a means of exchange and which can be transferred, stored and traded electronically, such as Bitcoin ;
Fault: has the meaning set forth in Article 11;
Force Majeure: means any event or situation:
  1. not reasonably foreseeable,
  2. beyond the reasonable control of the Parties,
  3. not due to a default of the Affected Party,
  4. which cannot be reasonably avoided or overcome, and
  5. which makes it impossible for such party to fulfil temporarily or permanently, its obligations hereunder in accordance with the terms of the Agreement.
Force Majeure shall include (but shall not be limited to) the following events, except if these events could have reasonably been overcome:
  1. an enemy act or an act of terrorism, declared or undeclared war, threat of war, blockade, revolution, riot, insurrection, civil commotion, demonstration or public disorder;
  2. sabotage or act of vandalism;
  3. natural disaster or phenomenon;
  4. fire, explosions, radioactive, chemical or other hazardous contamination;
  5. a general or industry-wide strike; or
  6. faults or malfunctions of telecommunication lines (e.g. telephone lines) and Internet accesses;
  7. failure or non-performance by subcontractors.
Intellectual Property Rights: means any intellectual property right or other (property) right throughout the world, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights, arising under applicable law, contract, or otherwise, and whether or not registered, registrable or perfected, including
  1. rights in all inventions, discoveries, utility models, patents, reissues of and re-examined patents, or patent applications (wherever filed and wherever issued, including continuations, continuations-in-part, substitutes, and divisions of such applications and all priority rights resulting from such applications) now existing or hereafter filed, issued or acquired;
  2. rights associated with works of authorship, including database rights, copyrights, moral rights, copyright applications, copyright registrations, synchronization rights, mask work rights, applications and registrations;
  3. rights in computer software and programs, source codes, or business methods;
  4. rights in materials;
  5. rights associated with trade marks, service marks, trade names, internet domain names, business names, logos, trade dress and the applications for registration and the registrations thereof;
  6. rights relating to the protection of trade secrets, know-how and/or other Confidential Information;
  7. design rights, whether registered or unregistered; and
  8. rights analogous to those in this definition and any and all other proprietary rights relating to intangible property;
Personal Data means: means any information relating to an identified or identifiable natural person;
Provider: means Arkane a company established under the laws of Belgium, with registered office at Antwerpsesteenweg 45, 2830 Willebroek, Belgium and register at the commercial register of Belgium under the number BE 0704.738.355; or any of its affiliates involved in providing the Services under the Agreement;
Services: means the services provided by Provider as mentioned in Article 2 and as described in the Agreement;
Term: means the duration of the Agreement;
Transaction: means a transfer of any Cryptocurrencies supported by Provider's Wallet application;
Wallet: means Provider's client software - a digital Cryptocurrency 'wallet' including but not limited to the iOS, Android and web-based versions thereof, and all materials related to such applications owned and developed by Provider and accessible by a User, in connection with the Services;
Website: means the website XXX and any other websites, including sub-domains, owned or operated by Provider from time to time.
You: the party that uses the Services of Provider;

Annex 2 - Service description

Provider is a multi-blockchain Cryptocurrency Wallet provider that stores the users private key of his corresponding blockchain address safely encrypted and split in multiple parts in separate vaults. Provider offers the following Services under the specific terms mentioned herein.

1. Wallet Services

Our Wallet Services allow you to perform the following actions:

  1. You can create a new Wallet or upload a new Wallet;
  2. You can manage the functions of your Wallet;
  3. You can initiate a Transaction on the corresponding blockchain.

A. Description of the Services

Private key storage

Assets will remain on the corresponding blockchain. Provider will split the private key into 3 parts, each part is encrypted and stored in a different vault. On top of the normal encryption, Provider will add a pin code so that if an attacker would be able to bypass all different levels of security of Provider, they would still not get hold of all of a user's fund without the pincode.

Provider's data is stored on servers held by a third party. The data is protected against access by the third party provider, who is only making available data storage space. Provider shall make back ups on a regular basis. Provider is not responsible for data loss, hacking of the data or inaccessibility of data due to negligence or fault of the third party provider.

Transactions

You will be able to specify your primary address on each blockchain and link it to your contacting ways like mobile phone number and email address. Linking these addresses to contact details will make it possible to use Provider to send Cryptocurrencies to an email address or a mobile phone number in stead of to a blockchain address as Provider makes the translation. You will be able to receive notifications of incoming transfers on its accounts. You can make a Transaction by selecting your Wallet, choosing the destination address and the amount and Cryptocurrency You want to transfer and sign with your pincode. Once signed, Provider sends the Transaction to the blockchain. To make a Transaction, the third party application can use the Provider API to send the Transaction to Provider. Provider signs the Transaction on behalf of You and sends it back to the calling third party application or puts it on the corresponding blockchain itself, depending on the parameters specified in the API call.

API integration

Provider offers API integration with other applications so You can use your Wallets in these applications. These other applications can be for example crypto exchanges, cryptocurrency wallets, crypto portfolios,... By using this API integration You will be very flexible in using your Wallets in many applications without the need to specify them over and over again.

B. Specific terms related to the Wallet Services

  1. The Wallet provides functionalities that allows You to store Cryptocurrency and to make Transactions via instructions to Provider. You must ensure that Your instructions to Provider conform to the applicable rules of the Cryptocurrency. The only authentic record of a Transaction is its recording in the blockchain associated with the concerned Cryptocurrency. Provider therefore cannot and does not guarantee that the Wallet reflects (any change in) title to or right on any Cryptocurrency. To be recorded Transactions must be confirmed and recorded in this blockchain. Provider will use its best efforts to have the Transaction initiated by You recorded in this blockchain. By initiating an instruction for Transaction you are authorizing Provider to submit your Transaction to the relevant Cryptocurrency network for recording on the concerned blockchain. Once a Transaction has been submitted to the relevant network, the network will automatically record or reject the Transaction and neither You or Provider will be able to cancel or otherwise modify your Transaction. After being submitted for recording in the blockchain associated with the concerned Cryptocurrency a Transaction may be unconfirmed for a period of time. A Transaction is not complete while it is in a pending state.
  2. The blockchain technology being based on a decentralized, peer-to-peer network or database supported by independent third parties, which is not controlled, owned nor operated by Provider, Provider cannot and does not guarantee that Transactions You initiate using the Services shall be confirmed and recorded in the blockchain associated with the concerned Cryptocurrency nor that once stored, they remain on the blockchain. Conflicts between recordings in the blockchain may not be excluded as a result of which your Transaction may not or no longer be recorded in the blockchain associated with the concerned Cryptocurrency. You bear the risk and consequences of any transaction not being recorded in the blockchain associated with the concerned Cryptocurrency or for any delay or conflicts in recordings, except in case you can prove that such event is attributable to our negligence or fault in which case article 11 is applicable.
  3. You choose the Cryptocurrencies to which your Transactions relate as long as they are supported by Provider and the counterparty for your Transaction. You are solely responsible for the Cryptocurrency and counterparty You choose. You are solely responsible for ensuring all Transaction details are correct, and You should carefully verify all transaction information prior to submitting transaction instructions To the extent the Transaction is made as counterparty for the delivery of goods or services from a third party, Provider's Services do not cover and Provider undertakes no liability in relation to the delivery, quality or any other aspect of any such goods or service.
  4. The Services do not imply that Provider stores, sends, or receives Cryptocurrencies. Any transfer that occurs in any Cryptocurrencies occurs on the blockchains associated with the concerned Cryptocurrency and not on a network or database owned, controlled or operated by Provider.
  5. You are responsible for loss of blockchain objects (including codes or keys, except those under our safeguarding) or Cryptocurrencies. In case of API integration You will make sure that You only share your API key or codes with third party applications you trust and you are responsible for any misuse of such keys or codes.

Annex 3 - Fees

The Services are provided for free in a first phase without any fee to be paid until 31 December 2018.

Provider may implement fees, subject to your prior written consent.

Fees will be published on www.arkane.network and expressed in US Dollars.

Annex 4 - Data Protection

1. Scope

This Annex 4 Data protection contains ARKANE's terms in respect of processing of data (hereafter "Privacy Terms"). Capitalised terms used in this Annex have the meaning set forth in Annex 1. These Privacy Terms apply to You as customers and any visitor of the Website and relates to any processing of your personal data that takes place through the Website or through communications or exchanges with ARKANE (whether within or outside the context of the Services). We reserve the right to amend these Privacy Terms and will notify you thereof. Article 2.5 of the Terms of Use also applies to such changes .The processing of personal data on ARKANE.network or via communications with ARKANE is also subject to the provisions of the General Data Protection Regulation (GDPR) https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=NL The definitions used shall have the meaning as defined in the GDPR.

2. Entity responsible for processing your personal data.

ARKANE is, when it collects and processes your personal data, the controller for the processing of this data.

3. Data being processed.

The following information may be collected, processed and stored by ARKANE:

A) Directly identifying information may be processed by ARKANE, if You have yourself provided ARKANE with this information (for example by communicating with ARKANE). You are not obliged to provide ARKANE this information or to agree with the processing thereof. However, in certain cases such communication will need to take place to ensure proper service provision or to comply with applicable law.

In this context ARKANE :

A.1 will process information required for the performance of the contract
  • Your surname and first name, address, nationality
  • Your email address
  • Your phone number
  • VAT number
  • Financial information
A.2 may process personal information required by law in the context of our know your customer obligations

In case You are a natural person:

  • Your surname;
  • Your first name;
  • Your date of birth;
  • Your place of birth;
  • Your address;
  • Your nationality;
  • A copy of your identity card or passport.

In case You are a legal person the following personal information may be processed in the context of identifying the legal person to the extent You would qualify as one of the concerned persons:

  • For each member of the board of directors, the above listed personal data for natural persons;
  • For each ultimate beneficiary person(s), the above listed personal data for natural persons.
A.3 will process information voluntarily provided by You and used by Provider to increase security and verify your identity;
  • A scan of your utility bill
  • A selfie

B) ARKANE may process certain information when You visit the Website or internet based Services, namely:

B.1 information concerning the pages You have consulted on the Website and the activities you have performed via the Website and your Wallet;
B.2 identification information You have given us voluntarily (for example by registering on the Website, or subscribing to newsletters);
B.3 certain non-directly identifying data, such as the type of browser You are using, the operating system You are using or your IP address or the technologies with which You have accessed our Website.

4. Purposes of the processing.

ARKANE can process your personal data for (one of) the following purposes, based on one or more legal grounds:

  1. To ensure the provision of the Services ordered by you

    The information under A.1, A.2 and A.3 will be used to provide the Services ordered by You and in particular to create your account and your Wallet, to verify your identity and your status as contract party in the course of your use of the Wallet (in particular in case of recovery of your private key or to reset your login or pincode) or for performing our Services in the context of Transactions (and amongst others when you contact our service desk);. ARKANE processes this data based on the legitimate interest it has in providing the Services in compliance with the agreement.

  2. To comply with know your customer obligations imposed by law

    The information under A.2 may be processed with a view to performing know your customer obligations imposed by law and any related reporting obligations. ARKANE processes this data based on the legitimate interest it has in complying with law.

  3. To ensure the technical and functional management of the Website and the provision of the ordered Services

    The information under B) may be processed to ensure the good functioning of the Website and the Services and to enhance their use. ARKANE processes this data based on the legitimate interest it has in providing a good functioning Website and Services.

  4. To inform You about our events, about developments related to subjects that might be of interest to You and about our services, or for direct marketing purposes.

    ARKANE processes the data under A) and B.2) based on your explicit consent and ARKANE's legitimate interest to keep its clients informed of its activities and services.

  5. To answer your questions and job inquiries

    ARKANE processes the data under A) or B.2 based on your explicit consent, your contractual relationship with us or your request to take steps prior to entering into a contract.

5. Third party access to your personal data

ARKANE may rely on the services provided by third parties to perform certain (processing) activities.
ARKANE uses in the context of its Services servers that are rented by a third party and that are located at the premises of this third party. This third party has no access to the data hosted on these services.
ARKANE may provide your data as mentioned under A.2 to a subcontractor who will provide to ARKANE the services of performing the know-your-customer verifications based on ARKANE's instructions. You hereby agree to the provisions of your data mentioned under A.2 to such subcontractor for the purpose mentioned.
ARKANE may, upon your request and with your consent, transfer your personal data under 4.A) to third parties in the context of the integration of your Wallet with other IT-applications. In this case you will be requested via appropriate technical means to provide your consent with such transfer and You will conclude directly with such third party into the required data processing agreements.
ARKANE will enter into the necessary processing agreements with these third parties (if required) and will use its best efforts to ensure that they contain similar provisions on data protection as contained in this Privacy Policy and that they guarantee the same level of security and confidentiality of your personal data.
ARKANE does not provide any personal data to other third parties, except if required by law or by an order of a competent court of regulatory authority to do so.

6. Protection and storing of your personal data ARKANE undertakes to implement the security measures, which can reasonably be expected in order to protect your personal data from destruction, loss, modification or any other unauthorised processing. In particular ARKANE will amongst others implement the following security measures:

A) Technical security measures

  • User data is stored on a server with no public IP address. Only specific servers are able to contact this server in a separate private network;
  • SSH connection to public servers can only be done from the (virtual) private network at ArkaneNetwork;
  • User passwords are always hashed (not stored in plain text);
  • User data is stored in a database with access control; and
  • All user data (which is inside the database) is encrypted at rest.
B) Operational security measures
  • Access to user data is restricted to certain team members and can be revoked at any time.

ARKANE will not store any of your personal data any longer than is necessary for the specific purposes for which it is stored, taking into account ARKANE's contractual and legal obligations with regard to this data and ARKANE's mission to correctly answer customer questions and to provide the Services in compliance with the Agreement.

7. Exercise of personal rights related to your personal data

You have the following rights in respect of your personal data being processed by ARKANE:

  • the right to request free access to the personal data processed;
  • the right to request the correction or removal of your data;
  • the right to request a restriction of the processing;
  • the right to request the portability of your data; and
  • the right to object to the processing of your personal data (in the case of direct marketing without any substantiation).

In case the processing of your personal data is based on your consent, You have the right to revoke this consent at any time. However, such a revocation does not affect the lawfulness of any processing prior to this revocation.
If You intend to use any of your abovementioned rights, please do so by directing your request to [email protected] or by a letter to ARKANE (see address below). We cannot handle your request without proof of your identity and the applicable legislation may impose conditions on exercising the above rights.
ARKANE will request a copy of your identification document as proof that You are indeed concerned by the personal data and thus entitled to rights mentioned above.
ARKANE will use its best efforts to respond to your request without undue delay after receipt of your request.
You should bear in mind that ARKANE will not always be obliged to comply with your request for access, correction, removal or transfer. This is because of our legal obligations, for the establishment, exercise or substantiation of a legal claim or the legitimate exercise of the right of freedom of expression and / or information.
You also have the right to file a complaint with the Data Protection Authority. Such a complaint can be filed either by post directed at Rue de la Presse 35, 1000 Brussels or through an e-mail to [email protected]

8. Cookies

ARKANE may use "cookies" when You visit the Website. A cookie is information sent from a web-server to your web-browser, and which is placed on your hard-drive. Cookies permit our website to recognize future visits using your computer. Cookies enhance the convenience and use of our website. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access or use certain web features. We will use the follow cookies:

A) Functional cookies

Provider uses functional cookies, Keycloak, which save the session-ID as well as the information consulted during the session. They are necessary to ensure the adequate functioning of our website. These cookies make sure You will be timely and correctly provided with the information desired each time You will visit the Website. We do not request Your consent for using these functional cookies. The information gathered through these functional cookies shall not be passed on to any third party.

B) Analytical cookies

Analytical cookies, the _ga and _gid cookies of Google Analytics, enable Provider to analyse the use that is being made of the Website. They allow us, for example, to register how frequently the Website is being visited by different visitors, through which pages users access the Website and which pages of theWebsite are visited most. The device You use to visit the Website, is accorded a randomly generated identification number, which is used by Google's servers to compute the statistics. Google will not use the generated identification number for its own purposes and will not link it to other data in its possession. Provider shall not install tracking cookies without requesting Your prior consent.
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C) Tracking cookies

Tracking cookies allow Provider to monitor your online activities on the Website. They enable Providers and advertisers to provide You with personalized online advertisements and tailor-made content based on your online activities on the Website. Provider shall not install tracking cookies without requesting Your prior consent.

D) Social media plug-in cookies

Social media plug-in cookies are used to enable Provider to display content of social media on the Website. Provider shall not install social media cookies without requesting Your prior consent. Please consult the applicable cookie and privacy policies and settings of the respective social media providers you give consent to.

9. Contact details

Should You have any questions in respect of this Privacy Policy, please contact:
ARKANE
Antwerpsesteenweg 45
2830 Willebroek
Belgium
E-mail: [email protected]
Company registration number BE 0704.738.355

Annex 5 - Model Cancellation Form

To: Arkane with registered office at Antwerpsesteenweg 45, 2830 Willebroek, Belgium and register at the commercial register of Belgium under the number BE 0704.738.355, e-mail address [email protected]

I hereby give notice that I withdraw from my contract for the following:

- [INSERT ORDER ID, ITEM SERVICE]

- Ordered on [INSERT DATE] / received on [INSERT DATE]

- Name of consumer

- Address of consumer

- Email address of consumer (optional)

- Date

Signature Consumer