PLEASE READ THESE TERMS AND CONDITIONS OF BinPay (HEREINAFTER "TERMS") CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. THESE TERMS APPLY TO YOUR (HEREINAFTER "USER", "YOU") USE OF THE SERVICES INCLUDING USING BinPay SERVICE, THE TECHNOLOGY AND THE PLATFORM ASSOCIATED THEREWITH, WHICH ARE OPERATED AND MAINTAINED BY BinPay (HEREINAFTER "BinPay", "WE", OR "US").
1. Enforcement
1.1. These Terms constitute a binding agreement between BinPay and the user as soon as the user visits the Website and uses Services. By doing so, the user confirms that he has read and accepted these Terms in their entirety before finishing the registration procedure.
1.2. The user accepts that the Terms may be updated by BinPay from time to time. If the user does not read and accept the Terms in their entirety, he should not use or continue using the Services.
1.3. The information available on the Website does not constitute an offer or invitation to buy any investment-related advice or other product or service, nor an offer to sell these to individuals in a jurisdiction where such offer or advertisement is not permitted or cannot legally be carried out, or to the persons to whom targeting such an offer or advertisement would be illegal. If you have decided to visit the Website, you do so at your own initiative and risk and are responsible for compliance with all laws, rules and regulations which apply to you.
2. Provided Services
2.1. BinPay's main business is to provide users with technology payment services (hereinafter "Service").
2.2. To be able to use all possibilities and functionality of our Services you shall go through the registration process and create an Account. "Account" is a user account accessible after the registration process and via the Services where the user may request. Users can manage and maintain only one Account. Users are prohibited from creating multiple accounts. When you create an Account you oblige to:
i. change the password, which is generated by our Services automatically, for a strong password that you do not use for any other websites, online or offline services;
ii. provide accurate email, which belongs to you and shall be therefore verified. The access to the provided services without verification of the e-mail is not allowed;
iii. maintain the security of your Account and promptly notify us if you discover any suspicious activity related to your account;
iv. take responsibility for all activities that occur under your Account.
3. AML and KYC Procedure
3.1. BinPay reserves the right to apply the AML/KYC procedure to particular users, addresses and particular transactions.
4. Eligibility
4.1. Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
i. you use our Services at your sole option, discretion and risk;
ii. you are solely responsible for any applicable taxes which may be payable while using our Services;
iii. there are risks associated with Internet-based systems, such as the failure of hardware, software, and internet connections, such as any malfunction and unintended function.
4.2. You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing you represent, agree and warrant, that YOU WILL NOT:
i. use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
ii. use our Services to participate in fraudulent, scam or any type of illegal activity;
iii. provide false, inaccurate, or misleading information;
iv. attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
v. use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
vi. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
vii. develop any third-party applications that interact with our Services without our prior written consent;
viii. encourage or induce any third party to engage in any of the activities prohibited under this Section.
5. Information Privacy
5.1. Never share the details of your transaction, including, but not limited to, your ID, the transaction hash, recipient address and/or e-mail related to an account, with anyone except BinPay representatives. BinPay will not request specific information about user accounts, transactions or other personally identifiable data from you unless:
(i) the information is requested to help complete a transaction initiated by you;
(ii) the information is requested to efficiently process your enquiry; or
(iii) it is legally required, e.g. in connection with the AML/KYC procedure.
5.2. You should ascertain that your transactions and/or account details are not disclosed by ensuring that you do not knowingly or accidentally share, provide or facilitate unauthorized use of it.
6. Third-Party Content and Services
6.1. For the purposes hereof, "Third-Party Content" shall mean the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Website and other Services.
6.2. No control over third-party services. You may be charged fees by the third-party service provider. BinPay is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
6.3. While using our Services, you may view Third-Party Content. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
BinPay Privacy Policy
Last Update: 7 December 2024
1. INTRODUCTION
Thank you for choosing the relevant service(s) (the “Services”) and/or product(s) (the “Product”) (including but not limited to BinPay Card as defined in the BinPay Card Terms & Conditions) provided by Hong Kong Shengshi Technology International Limited (a limited liability company incorporated in Hong Kong with company number 76580420) and its affiliates (hereinafter also referred to as “I”, “me”, “my”, “we”, “us” and “our” or the “Company”). By accessing or using our Services/Products, you CONSENT to the policies and practices set out in this privacy policy (the “Privacy Policy”) and represent and warrant that you have the valid consent and authority from the Relevant Person(s) (defined below) for us to collect, use, disclose and/or process your Personal Data as described herein. This Privacy Policy describes how we will collect, use and disclose your personal data when you access or use our Services/Products. You agree that BinPay may update this Privacy Policy at any time by posting the amended version on our website and associated application program interface or mobile applications (the “Site”) or sending the latest Privacy Policy to you via email. Your use or continued use of any Services/Products after such amendment shall be deemed as your acceptance and agreement to the same.
2. WHAT PERSONAL DATA WE COLLECT
We may from time to time collect, process, and store certain personally identifiable information that can be used to contact or identify you and your beneficial owners, directors, officers, authorized signatories, employees, representatives, guarantee/security providers and other natural persons related to you (“Relevant Persons”) via your use of the Services/Products or where you have given your consent (“Personal Data”). Such Personal Data may include contact details, information and data generated in the ordinary course of your relationship with us, information and data collected when you or a Relevant Person participates in events organized by us and information from cookies or the use of any information technology applications. The Personal Data that you may provide to us during the onboarding process may also include, without limitation:
*Full legal name (including former name, and names in English and Chinese, if applicable) *Identification document type (e.g. Passport) *Identification document number (e.g. Passport No.) *Gender *Date of birth *Place of birth *Nationality *Residential address *Country/state of residence *Total net wealth (approximately in USD) *Purpose of account opening *Initial and ongoing sources of wealth or income *Nature and details of the business/occupation/employment *Level of activity anticipated *Source of funds/digital assets to be used in the relationship *Credit history and score *Contact phone number *Email address *Your transaction history and spending pattern *Bank account information *Blockchain address *Your location data *Additional Personal Data or documentation at the discretion of our compliance team
3. How we use your personal data
We may use the collected Personal Data for the following purposes:
To make decisions relating to the provision or continued provision of the Services/Products to you.
To administer, operate, deliver, improve, and personalize the Services/Products.
To process your payments and transactions, and to provide you with statements, invoices, receipts and other related information in relation to the Services/Products.
To monitor and record the usage of the Services/Products and communications with you and/or the Relevant Persons (including for investigation and fraud prevention purposes).
To detect, prevent and address technical issues.
For risk assessment and data analysis (including data processing, anti-money laundering and credit analyses), internal management and to carry out internal/external audits.
To communicate with you, your affiliates and/or your representatives in relation to events, our Services/Products and other products or services offered by BinPay or its affiliates, unless you have opted not to receive such information.
To conduct market research, surveys, promotions and contests, and to analyse your preferences, interests and behaviour in relation to the Services/Products.
To fulfil any applicable legal, regulatory and compliance requirements (including anti-money laundering and tax obligations applicable to us).
To enforce or defend the rights or property of BinPay, its affiliates and other Users.
Carry out any other purpose(s) described to you at the time the data was collected.
4. Do we share your personal data
We may share your Personal Data with the following persons for the purposes stated above:
Our third party service providers who help us provide, operate, maintain, secure and improve the Services/Products (including but not limited to any “Know Your Client” or other blockchain analytics service providers, credit card networks, banks or financial institutions, payment processors, merchants, loyalty programs partners, and service providers that provide website hosting, data analysis, information technology, mailing, telecommunications, human resource, data processing, payments, credit references or other services).
Any person or entity that is part of BinPay and its affiliates who is under a duty of confidentiality to the disclosing entity.
Professional advisers of BinPay and its affiliates.
Any person or entity that we engage or participate in for the purposes of marketing, advertising, or promoting our Services/Products, such as social media platforms, online platforms, or third party websites.
Any person to whom we are under an obligation or otherwise to make disclosure pursuant to legal process or pursuant to any foreign or domestic legal, tax, and/or regulatory obligation or request.
Any person or entity that you authorize or consent to receive your Personal Data, such as your authorized representatives, agents, advisors, or beneficiaries.
Any actual or proposed assignee or business transferee of BinPay and/or its affiliates.
We may also share aggregated or anonymized Personal Data with the above persons to help administer, operate, deliver and improve the Services/Products.
5. Do we transfer your personal data
Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. Please note that we may transfer the data, including Personal Data, outside your jurisdiction and process it there. Your consent to this Privacy Policy and your submission of such information represents your agreement to that transfer.
We will take reasonable measures to ensure that your Personal Data is treated securely and in accordance herewith and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Data and other personal information.
6. Do we transfer your personal data
The Personal Data that we collect from you may be transferred to, and stored at, a destination outside of your state, province, country or jurisdiction. By submitting your Personal Data, you agree to this transfer, storing or processing. Information you provide to us may also be stored on our and/or third-party cloud servers.
7. How long do we retain your data
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. By accessing/using our Services/Products you are giving a consent for us to retain your Personal Data.
8. MARKETING COMMUNICATIONS
We may communicate company news, promotions, and information relating to our products and services provided by us. We may share Personal Data with our affiliates to send marketing communications. We will only send you such marketing communications if we have received your express consent in the relevant channels in the Services/Products.
Sensitive personal information. The categories of information that BinPay collects and discloses for a business purpose include "sensitive personal information" as defined under the CCPA. BinPay does not use or disclose sensitive personal information for any purpose not expressly permitted by the CCPA.
