PREAMBLE
PREAMBLE
XPAID UAB, a company registered in Lithuania at Vilnius Salnos g. 28, registration number 306120408 (hereinafter, referred to as “XPAID”, “the Company”) is a provider of virtual currency-related services which, in its own economic and professional activity, accepts an order for exchanging virtual currency through an electronic platform and exchanges it for money, doing business as a fintech company that offers an app, software and crypto exchange to optimize and revolutionize mobile and online banking.
The Company has developed this RULES OF USE OF SERVICES PROVIDED THROUGH WEBSITE AND MOBILE APPLICATION (hereinafter the “Rules”) to meet all the requirements of Lithuanian and EU legislation and the best international standards in the field of doing business, data protection and confidentiality
I. GENERAL PROVISIONS
The Rules contain information about the rules applicable to the provision of the Companys` сervices through the Website and Mobile Application, distributed by the XPAID (hereinafter referred to as the “Сompany”) and ensure implementation by the Users of the functions of remote control and management of user`s account.
The rules are binding both on the COMPANY and the Users. The COMPANY reserves the right at any time to partially or fully amend the Rules. The Rules, their revised version and the relevant amendments shall come into force upon their publication on the COMPANY Website/Mobile Application.
By accessing the Website/Mobile Application, the Users agree to abide by the Rules in force at the time of obtaining such access. If the Users refuse to comply with any of the provisions of the Rules, the COMPANY addresses the Users with a request not to continue further use of the Website/Mobile Application.
The rights to the Website/Mobile Application and all relevant Materials shall belong to the COMPANY.
II. TERMS AND CONCEPTS
“Website” shall mean the website with the following URL address: https://exchangepaid.com/#/
“Mobile Application” shall mean the mobile application, the developer and owner of which is the COMPANY, and which is downloadable for Android and iOS and is used for:
• ensuring implementation by the Users of the functions of remote control and management of there account
• providing information support to the Users;
• for the other purpose, stated directly in the Mobile Application.
“Service(s)” shall mean the services provided by the COMPANY for the benefit of the Users to ensure implementation by the Users of the functions of remote control and management of user`s account;
“User” shall mean any individual or legal entity who/which obtains access, browses or visits the Website/uses the Mobile Application ordering or not the Services.
“Use of the Website/Mobile Application” shall mean any review, downloading or use in any other ways of the Materials of the Website/Mobile Application; use of the Services offered and provided by the COMPANY to the Users.
“Personal Data” shall mean data or aggregate data on an individual who is identified or can be specifically identified, in particular data on the Users.
“Rules” shall mean this Rules of Use governing the procedure for obtaining the Services by the Users through the COMPANY Website/Mobile Application.
“Materials” shall mean all static and dynamic elements published on the Website/Mobile Application, including: all information and texts, images, audio and video files, databases, trademarks and logos, technical and graphic solutions of the COMPANY Website/Mobile application.
“Cookies” shall mean simple text files that are sent from the Website to the Users' electronic devices and stored by web browsers. Such files do not identify the Users but collect information about their actions while using the Website/Mobile Application. This information is collected to improve the functioning of the Website/Mobile Application and adjust the relevant parameters: tracking the Users' preferences, automated filling of the forms, dissemination of information on social networks, adaption of the services to the established preferences of the Users, collection of general statistical information about the use of the Website/Mobile application.
III. RIGHTS AND OBLIGATIONS OF WEBSITE/MOBILE APPLICATION USERS
The Users shall be entitled to use the Website/Mobile Application solely for the purpose of:
• ensuring implementation by the Users of the functions of remote control and management users account;
• obtaining information support from the COMPANY;
• payment for services related to the use of the COMPANY Website / Mobile Application (by redirecting to a payment service provider);
• for the other purpose, stated directly in the Mobile Application; addressing the COMPANY with requests, comments, complaints and suggestions that can be sent via the feedback form on the Website/Mobile Application, as well as further receipt of the COMPANY`s response;
• for the other purpose, stated directly on the Website and Mobile Application.
Any use of the Website/Mobile Application for any other purpose shall be deemed illegal.
The Users undertake:
• to be guided by the provisions of the Rules and current provisions of the legislation while using the Website/Mobile Application;
• to use the Website/Mobile Application solely for the purpose stated above;
• not to use the Materials posted on the Website/Mobile Application for commercial or non-commercial purposes, not to decompile the Website/Mobile Application, not to perform any reverse engineering actions, not to parse or interfere with the source code of the Website/Mobile Application without permission of the COMPANY;
• not to use the Website/Mobile Application for the purpose of sending any violent, abusive, degrading messages or messages that otherwise violate the right to honour, dignity and goodwill of the COMPANY or third parties, as well as unwanted commercial messages (“spam”);
• not to use the software in order to interfere or attempt to interfere with the Website/Mobile Application.
IV. FEEDBACK
The Users can contact the COMPANY by sending a message (request or complaint) via the feedback form on the Website/Mobile Application.
For contacting the COMPANY and getting feedback, the Users shall provide the COMPANY with the Personal Data to the following extent: surname, name, patronymic; email; phone number. Detailed information with regard to collection and processing of the Personal Data, as well as the terms of transfer of such Personal Data to third parties, provided in the relevant section of the Rules.
The Users undertake not to send the following data via the feedback forms on the Website/Mobile Application:
• any violent, abusive, degrading messages or messages that otherwise violate the right to honour, dignity and goodwill of the COMPANY or third party;
• unwanted commercial messages (“spam”).
If the Users send such messages, the COMPANY has the right not to reply to such messages and deprive the Users, who sent such messages, the right to continue using the feedback function.
Feedback Forms
The Website/Mobile Application contains feedback forms via which the Users can communicate with the COMPANY.
The Users have the right to receive full and comprehensive information in response to the messages sent via the feedback forms on the Website/Mobile Application within a reasonable time, but no more than 30 days after the message was sent.
The Users have the right to receive full and comprehensive information in response to the requests also via the hotline info@x-paid.com
V. COMPANY`S MESSAGES AND NEWSLETTERS
COMPANY`S messages
The COMPANY can send the following messages to the Users:
• in response to the messages (requests and complaints) sent via the feedback form on the COMPANY Website/Mobile Application;
• in the process of ensuring implementation by the Users of the functions of remote control and management of user`s account;
The COMPANY shall send messages in the form of SMS, emails, in messengers and through the Mobile Application.
The Users may control the process of sending messages through the relevant settings on the COMPANY Website/Mobile Application (depending on the functionality and internal settings of the Website/Mobile Application).
Newsletters
Newsletters shall be sent solely on the basis of the Personal Data that have been previously provided by the Users to the COMPANY upon their voluntary informed consent:
• when subscribing for newsletters through the Website/Mobile Application;
• before using the Website/Mobile Application.
The COMPANY shall send newsletters in the form of SMS, emails, in messengers and through the Mobile Application.
The Users may unsubscribe from newsletters of the COMPANY at any time by clicking on the relevant function in each sent message.
VI. INTELLECTUAL PROPERTY
The intellectual property rights to the Materials of the Website/Mobile Application, as well as the Website and the Mobile Application as a whole shall fully belong to the COMPANY (or the right to use such Materials has been previously granted to the COMPANY by third parties).
The COMPANY prohibits the Users from using the Materials, fully or partially, in any way (including: reproduction, presentation, adaptation, modification, disclosure, transmission, distortion, integration into the other website, etc.) in commercial or non-commercial purposes. If it is necessary to use the Materials, the Users may address the COMPANY with the relevant request via the feedback forms on the Website/Mobile Application.
If the Users notice any infringement of the COMPANY's intellectual property rights to the Materials by any third party, the Users undertake to notify the COMPANY thereof by sending the relevant message via the feedback forms on the Website/Mobile Application.
In case of infringement of the intellectual property rights to the Materials of the Website/Mobile Application by the Users or any third parties, the COMPANY have the right to take all available measures to protect the infringed rights, including to seek protection of the rights in court.
VII. PAYMENT FOR COMPANY GOODS AND SERVICES, ORDERS AND MANAGEMENT OF ORDERS PROVIDED THROUGH COMPANY WEBSITE/MOBILE APPLICATION
Payment for COMPANY Services, ordered and managed through the COMPANY Website / Mobile Application, may be made by Users using bank payment cards.
Personal bank card details (owner name, number, expiration date and CVV code) are collected and processed by specialized payment service providers for the benefits of COMPANY. Further information on payment status is provided by COMPANY. Detailed information regarding the collection and processing of Personal Data, as well as the conditions for their transfer to third parties, is provided in the relevant section of the Rules.
Data (including Personal Data) of Users collected and processed by Payment Service Providers for the purpose of making payments to COMPANYs may not be used to the detriment of Users. The verification procedure is used to protect the User from fraudulent transactions. Users decide on their own whether to send the requested data to confirm the use of a bank payment card to pay for the COMPANY Services or to refuse the relevant transaction.
For any questions that arise regarding payment for COMPANY Services, orders and orders are managed through the COMPANY Website / Mobile Application, Users may contact COMPANY Support at info@x-paid.com. For questions regarding the collection and processing of Personal Data Users may contact the COMPANY Data Protection Officer at info@x-paid.com.
VIII. PERSONAL DATA
In order to ensure the proper access and use of the Website/Mobile Application by the Users, as well as obtaining Services by the latter, the COMPANY shall collect and process the Personal Data of the Users.
The COMPANY shall act as the owner and controller of the Personal Data of the Users, depending on the circumstances under which such data were collected.
The COMPANY shall not be deemed the owner of the data on the environment of third parties in which the user`s data connected to the COMPANY platform are being used, as well as the data collected through other providers connected to the COMPANY platform. In such cases, the COMPANY shall act solely as a data controller, responsible for security and proper processing of the data after their receipt from third parties under the data processing agreements and user’s consent to access to such data.
To get detailed information concerning the cases when the COMPANY shall act as the owner and controller of the Personal Data, the Users may send the relevant request to the COMPANY Data Protection Representative via: info@x-paid.com. (the response shall be sent only with regard to the person who made the request).
The COMPANY shall not collect or process such categories of the Personal Data as data on racial or ethnic origin, political, religious or worldviews beliefs, membership in political parties or trade unions, criminal convictions, as well as health, sexual life, biometric or genetic data (hereinafter referred to as the “sensitive personal data”).
The COMPANY undertakes to ensure that all available Personal Data protection measures are taken by the Users according to the provisions of the current personal data protection legislation (including GDPR provisions, where applicable) and the specificity of the COMPANY's activity.
Personal Data of Juveniles and Minors
Normally in their Activity Company has no connection to the Juveniles data. In the process of providing services through the COMPANY Website/Mobile application, the COMPANY may process the personal data of juveniles and minors. In such case, the COMPANY shall process the Personal Data of such persons solely with the consent of their parents, adoptive parents or guardians, which shall be provided prior to provision of the services by the COMPANY, and undertakes to take the relevant measures to protect the Personal Data of such persons.
Contact Details
For any questions regarding the Personal Data, the Users may submit the relevant request or complaint to the COMPANY Data Protection Representative via: info@x-paid.com.
Categories of Personal Data, Purpose and Legal Grounds for their Collection and Processing
The scope, method, purpose and legal grounds for collecting and processing the COMPANY Personal Data may vary depending on how the Users use the Website/Mobile Application, and what Services are requested.
The COMPANY shall collect and process the following categories of the Users’ Personal Data:
Purpose of data processing
User identification
Communication with users
Marketing
Use of COMPANY website and mobile application by users, improvement of user experience
Data categories
access data: login, password, phone number, email
surname, name, patronymic, phone number, email
phone number, email, data on user preferences
data on the device from which access is being made; data to ensure functioning of the COMPANY website and mobile application (including cookies);
Legal grounds for data processing
Consent to personal data collection and processing
Consent to personal data collection and processing
Legitimate interest
Consent to personal data collection and processing
Personal Data Processing Agreement with third parties
To provide COMPANY Services on a payment basis, COMPANY cooperates with specialized payment service providers that collect and process Personal Data of Users that are required to perform a payment transaction on COMPANY Services. As a result, COMPANY has access only to payment status information.
The COMPANY shall also collect anonymized data that are not the personal data (the COMPANY may not independently identify the Users). Collection and processing of the anonymized data shall be consolidated and shall be used for marketing researches and user experience improvement.
The COMPANY shall process each of the categories of the Personal Data within the period necessary to fulfil each of the foregoing purposes, and then such Personal Data shall be deleted. In any case, the COMPANY shall be entitled to retain the Personal Data for the period necessary to fulfil its obligations to the Users with regard to provision of its goods and services, as well as to fulfil the obligations set out by the current legislation.
Users` Rights with regard to Personal Data
• the right of access to the Personal Data;
• the right to amend the Personal Data;
• the right to receive information about the Personal Data processing methods;
• the right to be notified of the Personal Data integrity breach;
• the right to request transfer of the Personal Data to third parties in the scope requested by the Users;
• the right to withdraw consent to collection and processing of the Personal Data;
• the right to suspend processing of the Personal Data;
• the right to request deletion of the Personal Data.
The Users may send a request or complaint with regard to the Personal Data to the COMPANY Data Protection Representative at: info@x-paid.com. The Users shall also have the right to contact the competent authorities in the field of personal data protection.
Transfer of Personal Data to Third Parties
The COMPANY shall transfer the Personal Data to third parties (including transboundary transfer of the Personal Data) solely to the extent necessary for achieving the purpose of collecting and processing the Personal Data in respect of which such collection and processing have been previously carried out directly by the COMPANY.
The COMPANY shall carry out such transfer of the Personal Data only if necessary, in the minimum required scope, for the minimum period.
For the proper provision of the Services by the COMPANY, access to the relevant Website/Mobile Application, as well as improvement of providing such Services and access, the COMPANY may transfer the Personal Data to:
• the COMPANY’s affiliates;
• the COMPANY’s partners;
• the COMPANY’s counterpart companies;
• third parties, in particular authorities (subject to the requirements of the legislation);
•third parties in case of legal proceedings concerning reorganization of the COMPANY.
• the right to withdraw consent to collection and processing of the Personal Data;
• the right to suspend processing of the Personal Data;
• the right to request deletion of the Personal Data.
By transferring the Personal Data of the Users for the benefit of third parties, the COMPANY shall take all available legal, organizational and technical measures to ensure protection of the Personal Data.
IX. USING COOKIES
When using the Website/Mobile Application, the cookies installed on the Users' electronic devices shall be used.
The COMPANY shall use the following categories of cookies:
• to provide the Users with stable access to the functionality of the Website/Mobile Application;
• to improve and facilitate the use of the Website/Mobile Application by the Users;
• to properly display the COMPANY’s prCompanytional messages within the Website/Mobile Application;
• to allow the Users to share information from the Website/Mobile Application through social networks;
• to analyse indicators concerning the audience of the Website/Mobile application (traffic analysis, usage tendencies.
The COMPANY shall seek prior User's consent to the use of cookies before using the Website/Mobile Applications by sending the relevant email (in banner format).
The Users shall have the following options for cookies:
• to allow the automatic saving and use of cookies;
• to warn about the use of cookies;
• always to block the use of cookies (restrictions on the use of the Website such as impossibility to make individual settings by the Users are possible).
The Use of the Website/Mobile Application shall imply the use of the functionality of other resources, including:
• social networks (the option to distribute content by the User directly from the Website is available on the Website/Mobile Application) (depending on the functionality and internal settings of the Website/Mobile Application). The procedure for using cookies shall be governed by the relevant policies of such companies;
• Google Analytics to collect aggregate statistics on the use of the Website/Mobile Application (such information is used by the Company solely to improve the content and services of using the Website/Mobile Application). The functioning of Google Analytics shall be governed by the applicable company policies;
• the other resources whose safety shall be verified by the COMPANY.
The COMPANY notes that blocking the use of cookies may cause malfunction of the Website/Mobile Application. The Users have the right to block the use of cookies, fully or partially, (certain types of cookies) by modifying the settings of the web browsers of the devices they use to access the Website/Mobile Application.
X. LIABILITY
Failure by Users to comply with any provision of the Rules shall be deemed a violation and entail liability under the Rules and the law applicable for the regulation of the Rules.
The Website/Mobile Application shall contain hyperlinks to third parties’ web resources. The COMPANY shall not be liable for the content placed on such web resources, as well as for collection and processing of the Users’ Personal Data that may be carried out as a result of the use of such resources.
The COMPANY shall do the best to provide the Users with secure, uninterrupted and correct access to the Website/Mobile Application. The COMPANY shall not be liable for any interruption of the Website/Mobile Application, incompatibility of such Website/Mobile Application with all types of the Users' devices, and inability of the Users to access the Website/Mobile Application due to failure to connect to the Internet. The COMPANY shall reserve the right, in whole or in part, to restrict the Users' access to the Website/Mobile Application.
The COMPANY shall not be liable to the Users for any losses resulting from the use of the Website/Mobile Application. The COMPANY shall also not be liable to any third party for any of the Users’ actions taken with using the Website/Mobile Application.
XI. FINAL PROVISIONS
The Rules shall enter into force upon their publication on the Website/Mobile Application.
Any issues arising between the COMPANY and the Users with regard to the use of the Website/Mobile Application shall be settled by negotiations between the parties and by means of sending the Users` relevant requests to the COMPANY, and in accordance with the legislation of Lithuania.
The Users may send their questions regarding the use of the Website/Mobile Application to the COMPANY’s Support Team to this email: info@x-paid.com. Furthermore, the Users may contact the COMPANY Data Protection Representative for the questions with regard to collection and processing of the Personal Data via: