Additional Terms and Conditions of Use – Italy and non-EEA countries

Preamble

Welcome! Please carefully read the following additional Terms and Conditions of Use for Italy and other countries outside the EEA ("Terms of Use for Italy and non-EEA countries"), to be read in conjunction with the general Terms and Conditions of Use, before using this website ("Site"). By using this Site, you acknowledge that you have read these additional terms and agree to follow and be bound by the Terms of Use and the Terms of Use for Italy and non-EEA countries, which govern your use of the Site. You represent and warrant that you are at least 18 years old. Nothing contained in the Terms of Use and the Terms of Use for Italy and non-EEA countries is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and BB Trade Estonia OÜ (“BB Trade”) with regard to matters other than your use of the Site. BB Trade may periodically modify the Terms of Use for Italy and non-EEA countries, and any such modifications will be effective immediately upon posting. We suggest that you periodically check the Terms of Use and the Terms of Use for Italy and non-EEA countries for modifications. If you do not agree to the Terms of Use and/or the Terms of Use for Italy and non-EEA countries, do not use this Site.

In matters otherwise regulated in the General Terms and Conditions of Use and this Additional Terms and Conditions of Use Use for Italy and non-EEA countries, that Additional Terms and Conditions of Use Use for Italy and non-EEA countries shall prevail with respect to Italian citizens and citizens of countries outside the EEA.

Please also note that BB Trade may modify, suspend, discontinue, or restrict the use and availability of any portion of this Site at any time, without notice or liability. Your use of this Site may be monitored by BB Trade, and used for BB Trade internal business purposes, without liability.

Index:

Terms of Use for Italy
Data Protection
Reference to the Terms of Use
Termination
Liability and Indemnity
Integration and Severability
Applicable Law

Terms of Use for Italy

This Site is owned and operated by BB Trade Estonia OU – Italian Branch (hereafter referred to as BB Trade - Italian Branch). By using this Site, you acknowledge and agree that:

BB Trade - Italian Branch, being registered in the special section of the Register for operators in virtual currency managed by the Organismo Agenti e Mediatori (“OAM”) under No. PSV48, will ensure compliance with applicable obligations provided under Legislative Decree 21 November 2007, No. 231, as from time to time amended and supplemented (“AML Decree”) and implementing regulations thereto, in relation to customers in the Italian territory and countries outside the EEA;
BB Trade - Italian Branch is not the BB Trade entity actually servicing you;
BB Trade - Italian Branch is required to comply with, among the others, the reporting obligations set forth under the Decree of the Minister of Economy and Finance dated 13 January 2022 (“MEF Decree”). In particular, BB Trade - Italian Branch shall report to the OAM, on a quarterly basis, data relating to transactions carried out in the territory of the Italian Republic, including:

the customer's identification information, as reported in Annex 1 of the MEF Decree;
aggregate data relating to overall operations of each provider of services relating to the use of virtual currencies and digital wallet service provider for each customer, as reported in Annex 1 of the MEF Decree.

failure to comply with the above reporting obligations would imply suspension and/or cancellation of BB Trade - Italian Branch from the Register for operators in virtual currency managed by the OAM;
the OAM shall process data in compliance with General Data Protection Regulation UE 2016/679 (“GDPR”) and Italian Legislative Decree 30 June 2003, No.196, as from time to time amended and supplemented (“Privacy Code”). In accordance with article 5 paragraph 2 of MEF Decree, the OAM shall retain the data transmitted for 10 years.
Where required by law, BB Trade – Italian Branch, has the obligation to cooperate fully with any law enforcement authority or court requesting or directing BB Trade – Italian Branch to disclose information of the users.

Data Protection

BB Trade Estonia OU – Italian Branch, as an operator in virtual currency, shall process your personal data, indicated in the Annex 1 of MEF Decree, to perform a contract with you and to comply with a legal obligations pursuant to AML Decree and MEF Decree. BB Trade shall transfer your personal data to BB Trade - Italian Branch to carry out such purposes as established above and, therefore, your personal data shall be communicated to OAM. In the event that the data necessary to conclude or perform a contract with you, or for the purpose of complying with a legal obligation are not provided, we will not be in a position to pursue the relationship with you and / or to conclude the contract. The Personal data shall be processed in the European Union. In the event of data being transferred to third countries, the data shall be processed in accordance with art. 44 and following GDPR. You can get more information by contacting the Controller. Pursuant from article 15 to 22 GDPR you shall be in the position to exercise your privacy rights. For further information about the processing of your personal data, please see the complete privacy policy here.

Reference to the Terms of Use

For all matters not expressly provided in these Terms of Use for Italy and non-EEA countries, reference shall be made to the general Terms and Conditions of Use.

Termination

The rights granted to you herein terminate immediately upon any violation by you of the Terms of Use and these Terms of Use for Italy and non-EEA countries. BB Trade – Italian Branch, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. BB Trade – Italian Branch will not be liable to you or any third party for any termination of your access to or use of this Site.

Liability and Indemnity

You represent and warrant that the information you supply to us is true, correct and complete.

You agree to indemnify, defend, and hold harmless BB Trade, its branches and affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or related to your improper access to or use of this Site, or in case the information that you supply to us is not true and/or incorrect and/or incomplete, or any violation by you of the Terms of Use and these additional Terms of Use for Italy and non-EEA countries.

Integration and Severability

If any provision of the Terms of Use and of the Terms of Use for Italy and non-EEA countries is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and/or the Terms of Use for Italy and non-EEA countries, as the case may be, and will not affect the validity and enforceability of the remaining provisions.

Applicable Law

The laws of the Republic of Italy, without regard to principles of conflict of laws, govern these Terms of Use for Italy and non-EEA countries and any dispute that might arise between you and BB Trade – Italian Branch.