Version dated July 27, 2023.


Article 1. Definitions


The following terms, when used in these TOU, shall have the following meanings, it being understood that the definition given for a term shall apply whether the term is used in the singular or plural:


“User(s)”: refers to any person who uses the Site to obtain information about crypto-assets and the Services offered by  PASSIFWIN FZCO.
“Services”: refers to the services described in PASSIFWIN FZCO’s General Terms and Conditions of Use (hereinafter the “GTC”).
“Subscriber(s)”: refers to any natural person of legal age or legal entity holding a Subscriber Account and using the Services as part of their professional activity.
“Subscriber Account”: refers to the Subscriber’s personalized online space enabling him/her to access the Services available via the Site.


Article 2. Purpose


The purpose of these GCU is to set the rules for use of the Site by (i) Subscribers, and (ii) Users who wish to obtain information on crypto-assets and more generally on the Services offered by PASSIFWIN FZCO. The Site is intended, among other things, to provide information and financial data on the crypto-asset market.

Article 3. Creation of a Customer Account


In order to use the Services via the Site, the Subscriber must first create a Subscriber Account by entering his/her name, e-mail address and password.

When creating a Subscriber Account, the Subscriber must ensure that the information provided is accurate and complete. The Subscriber undertakes to update without delay the information concerning him/her on the Site if this information is no longer relevant or becomes obsolete.

The creation of a Subscriber Account by the Subscriber concerned on the Website will be approved automatically.

The Subscriber undertakes to protect his/her login and password in order to preserve their confidentiality vis-à-vis third parties. Subscribers are solely responsible for their login details and the security of access to their Subscriber Account. PASSIFWIN FZCO cannot be held responsible in the event of negligence on the part of the Subscriber in this respect or in the event of fraudulent access to a Subscriber’s Account.

 


Article 4. User obligations


When using the Site, Subscribers and/or Users undertake not to :

provide misleading, false or defamatory information or data;
interfere with the proper operation of the Site;
supply viruses or other technologies likely to harm PASSIFWIN FZCO or the interests or property of Users;
use bots, scraping or any other automated process to access the Site’s functionalities without authorization;
export or re-export any  PASSIFWIN FZCO application or tool without  PASSIFWIN FZCO’s express prior consent;
copy, modify or distribute the content of the website and the trademarks without  PASSIFWIN FZCO’s express prior consent;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute or disclose to the public any content (except their own information) of the Site without the prior, express and formal consent of  PASSIFWIN FZCO or the relevant third parties, where applicable;
market a solution developed by  PASSIFWIN FZCO or software or information related to this application;
impersonate any other person;

collect, combine, send to other media, make public, publish or disclose data relating to the Site, Subscribers and/or Users or relating to their activities on the Site, including data relating to transactions, their number, nature, price, etc.
In the event of a breach of these GCU by a Subscriber and/or User, PASSIFWIN FZCO may, at its sole discretion, temporarily or permanently suspend the access of the User concerned to the Site and in particular to his/her Subscriber Account.


PASSIFWIN FZCO may, at any time and at its sole discretion, reorganize the Site, the advertising spaces or any information on the Services.


Article 5. Access to the Site


The Website is provided “as is” and is accessible according to its availability. PASSIFWIN FZCO uses its best efforts to ensure the availability of the Site at all times, regardless of scheduled maintenance, but cannot guarantee such availability.


PASSIFWIN FZCO provides no warranty, express or implied, as to the quality and compatibility of the Site, networks, connections and services provided with the computer equipment used by Subscribers and/or Users.


The nature of crypto-assets may lead to an increased risk of fraud or cyber-attack and means that technological difficulties encountered by PASSIFWIN FZCO may prevent use of or access to the Site.

 


Article 6. Liability


The financial information and data available on the Site are provided for information purposes only, even if they have been compiled from sources deemed reliable at the time of publication. The relevant content is therefore provided, unless explicitly stated otherwise, for information purposes only and should not be construed as investment advice or as personalized recommendations, investment research or the distribution of financial analysis.


PASSIFWIN FZCO therefore declines all responsibility for the use of such content, whatever the nature of such use, in particular in the event of financial loss and whatever the amount of such loss.


Subscribers and Users understand and agree that PASSIFWIN FZCO shall not be liable for :


the actions or omissions of other Users,
any content or information presented on the Site, the topics, their accuracy, completeness and/or compliance with applicable law.
PASSIFWIN FZCO does not warrant that the functions or information contained in the Website will be maintained without interruption, bugs or errors, or that this Website or the server on which it is hosted will be free of viruses or harmful components.

 


Furthermore, PASSIFWIN FZCO makes no warranties and shall not be liable for any damages or losses relating to (i) the materials and information on the Site, the use or the results of the use of the functions of the Site, their truthfulness, accuracy, reliability or otherwise, or (ii) the protection of any data or information provided on the Site, or (iii) the accessibility and availability of the Site and, in connection therewith, the Services.


Article 7. Intellectual property rights


PASSIFWIN FZCO holds all intellectual property rights relating to the Site and its content, including, but not limited to, the graphic design, logos, photos, articles and other editorial content, its system (the catalog, their distribution, etc.), the design of the website and the software used by the website, including trademarks and domain names.


In this respect, unless PASSIFWIN FZCO has given its express prior consent, the Subscriber and/or User may not copy, represent, adapt, translate and/or modify, in whole or in part, or transfer to another website any element of the website. Failure to comply with this prohibition may constitute fraud for which the person responsible may be held civilly and criminally liable.

 


Article 8. PassifWin FCO information


The site accessible online at www.passifwin.com (hereinafter the “Site”) is published by PASSIFWIN FZCO, headquartered at Prism Tower, Office No 3005, 30 Floor – Business Bay – Dubai – United Arab Emirates (hereinafter referred to as “PASSIFWIN FZCO”).


Any use of the Site by a Subscriber or User (as hereinafter defined) implies full compliance with these General Terms and Conditions of Use (hereinafter the “GTCU”). Prior to any use of the Site, each Subscriber or User must carefully read the present GCU.


Article 9. Personal data


PASSIFWIN FZCO will collect, use and retain for a certain period of time certain information relating to Users and Subscribers, which is qualified by the applicable regulations as “personal data”, in particular for the purposes, but not limited to, of providing the Services. or improving the content and functions of the Website.


PASSIFWIN FZCO’s use of personal data is governed by Regulation (EU) 2016/679 known as the “General Data Protection Regulation” or “GDPR*”* as transposed into domestic law.


 

Users’ personal data is collected and processed by PASSIFWIN FZCO as Data Controller, as defined in the RGPD, as transposed into national law, during the use of the Website by such Users and Subscribers’ personal data is collected and processed during the creation and use of their Subscriber Accounts.


User data collected when using the Website and when creating and using the Subscriber Account is stored, in a technologically secure environment, in accordance with the RGPD, as transposed into national law.


In accordance with the regulations, any User or Subscriber has a right of access, rectification and, in certain cases, opposition to processing, a request to limit processing, or the deletion and portability of data and, where applicable, the deletion of personal data concerning them. In addition, any User or Subscriber has the right to appeal to a supervisory authority.


Personal data may be processed by companies belonging to the PASSIFWIN FZCO group of companies within the EU and outside the EU.

 


For more information on how personal data is protected during collection, processing and use, as well as on rights and optional privacy protection measures, Subscribers and Users may consult the Privacy Policy.


Article 10. Applicable law and jurisdiction


The GCU and all non-contractual obligations arising out of or in connection with the GCU shall be governed by and construed in accordance with the laws of France.


Subscribers, Users and PASSIFWIN FZCO agree irrevocably and for the benefit of each that the courts of the Tribunal de Commerce de Paris France shall have exclusive jurisdiction to settle any dispute arising out of or in connection with the GTU.