Terms and conditions of the promotion "zondacrypto powered by ZEN"

Chapter 1. General Provisions

  § 1

These terms and conditions set out the rules of participation, including the conditions to be fulfilled to benefit from the Promotion "zondacrypto powered by ZEN" in which BB Trade Estonia OU ("zondacrypto"), covers the costs associated with the subscription to the Gold package offered by UAB ZEN.COM for a period of 11 months.  

§ 2

For the purposes of these Regulations, the terms indicated below shall have the following meanings:

Electronic Mail Address - an individual email address established by the Customer, used for communication between the Partner Platform and the Customer.

Password - a unique sequence of letters, numbers or other characters determined by the Customer, enabling him/her to access his/her Customer Account, which shall be kept confidential and may not be disclosed to third parties without authorization.

Customer - a natural person, legal person, organizational unit without a legal personality, who intends to use the Promo0on through the registration and full activation of the Customer's Account on the Partner Platform, or a natural person, legal person, organizational unit without a legal personality, who intends to use the Promo0on through the registration and full activation of the Account on the Service Provider platform.

Customer Account - part of the Partner Platform available to the Customer after logging in, protected by a password, constituting the Customer's data resource and information about its activities on the Partner Platform, or part of Provider's Platform available to the Customer after logging in, protected by a password, constituting the Customer's data resource and information about its activities on Provider's Platform.

Partner - BB Trade Estonia OU with registered office in Estonia, at the following address: Harju maakond, Tallinn, Lasnamäe linnaosa, Tähesaju tee 9, 13917 ESTONIA (office no. 10, 2nd floor), registered in the Estonian Register of Companies under number 14814864.

Partner Platform - the Internet platform available at the public Internet address www.zondacrypto.com operated by the Partner.

Service Provider Platform - the Internet platform available at the public Internet address www.zen.com operated by the Service Provider.

Promotion - within the meaning of these Terms and Conditions means a promotional action carried out by the Partner under the terms described in the Terms and Conditions from November 4, 2021, 00:01 a.m. until cancellation, under which the Partner covers the costs associated with the subscription to the Gold package offered by UAB ZEN.COM for the period of 11 months.

Terms and Conditions - this document setting out the terms and technical conditions of the Promotion "zondacrypto powered by ZEN"

Partner's Regulations - regulations of providing services electronically by the Partner placed on the Partner's Platform

Service Provider's Regulations - the regulations for the provision of electronic services by the Service Provider posted on the Service Provider's Platform

Registration - a set of activities forming part of the process of creating a Customer Account on the Partner Platform, consisting in particular of the correct completion of the electronic form available on the Partner Platform, in accordance with principles laid down in the Rules of Procedure of the Partner, or a set of activities forming part of the process of creating a Customer Account on the Service Provider Platform, consisting in particular of the correct completion of the electronic form available on the Service Provider Platform, in accordance with principles laid down in the Rules of Procedure of the Service Provider.

Service Provider - UAB "ZEN.COM", with registered office in Lithuania, at the address: Mėsinių g. 5, LT-01133, Vilnius, Lithuania, registered under number 304749651.
 

Chapter. 2 Rules of the Promotion

§ 3

1. In order to enter the Promotion "zondacrypto powered by ZEN":
a) a person who has a Customer Account on the Partner Platform is required to initiate the process of registration of the Account on the Provider Platform through the Partner Platform, and to successfully integrate the Customer Account on the Provider Platform with the Customer Account on the Partner Platform;

2. In case of the effective implementation of the actions referred to in § 3 pt. 1 of the Regulations, Partner agrees to cover the subscription fee for Gold package (in the amount of 0.99 Euro per month) offered by the Service Provider for the period of 11 months.

3. The period of 11 months is counted from the date of proper implementation of the activities referred to in § 3 point. 1, counted in full months, after the expiry of the 30-day free trial period offered for the Gold pack by the Service Provider. This means that if the fulfilment of the conditions of the Promotion in the configuration described in §3 pt. 1 point. a will take place on 5 November 2021, then the end of the Promotion falls on 5 November 2022.

4. This Promotion runs from 4 November 2021 00:01 until further notice.

5. In the event of a closure of the Client's Account on the Service Provider's Platform, or on the Partner's Platform, the Promotion shall cease to be valid.

6. The Customer may use the Promo only once.

7. If the Client submits an instruction to change the package offered by the Service Provider from the Gold package to any other available package, the Promotion shall cease to be valid.

8. By entering the Promotion the Client accepts the Gold package subscription terms and conditions and acknowledges that after the end of the period referred to in § 3 point 3 of the Terms and Conditions the Client shall be charged the Gold package subscription fee of EUR 0.99 per month unless the Client terminates the subscription before the end of the period referred to § 3 point 3 of the Terms and Conditions.

9. Apart from the fee, which the Partner is obliged to pay on the basis of § 3 point 2 of the Regulations, other fees, which may arise from operations performed by the Client, will be charged solely to the Client (a detailed price list is available on the Service Provider Platform

10. By entering the Offer the Customer confirms that he/she has read the Terms and Conditions and fully accepts its content.
 

§ 4

1. The provider of the Gold package subscription service is the Service Provider, which the Partner only promotes through the Partner Platform.

2. The Partner is not liable for incorrect or faulty instructions of the Client, unless the Partner's liability in this regard is based on generally applicable legal regulations.

3. Third The Partner shall be entitled to suspend provision of the Promo at any time for the period during which access to the Partner Platform is suspended, and at the discretion of the Service Provider, for the period specified by the latter. Information about the suspension of the provision of the Promo and the planned date of its resumption shall be posted on the Partner's Platform.

4. In the event that the actions of the Client violate the provisions of these Terms and Conditions, Partner's Terms and Conditions, Service Provider's Terms and Conditions, or the Client has undertaken any actions that negatively impact the security of the Partner's or Service Provider's operations, or harm other Clients, or are intended to circumvent security measures used by the Partner or Service Provider, including but not limited to data falsification, the Partner has the right to suspend the Promotion for such Client.

5. The Partner reserves the right to refuse to provide the Promo0on to the Client, or to cancel it, if its performance is impossible due to circumstances for which the Partner is not responsible, or under generally applicable law.

6. The main channel of information distribution between the Partner and the Customer is the Partner Platform, e-mail communication channel ([email protected]) and via chat available on the Partner Platform.

7. The Promotion is carried out electronically only.

8. The Promotion is available 7 days a week, 24 hours a day, subject to the introduction of temporary limitations or suspensions of access to the Promotion, related to technical maintenance of the Partner's Platform or Provider's Platform. Information about a temporary limitation or suspension of the Promotion shall be posted in advance on the Partner Platform.
 

Chapter 3. Protection of personal data

§ 5

1. The Partner and the Service Provider are personal data controllers within the meaning of Article 4(7) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as "RODO".

2. Partner and Service Provider use personal data protection against unauthorized access, through, among others, implementation of appropriate technical and organizational measures and the implementation and execution of personal data security policy.

3. Partner and Service Provider undertake to process Customers' personal data in accordance with the principles of the RODO and national legislation relating to personal data protection respectively.

4. The Service Provider, as part of its services, processes data within the internal KYC according to the regulations available on ZEN.COM UAB. Customer agrees to provide his selected personal data to the Service Provider in order to launch the service and synchronize accounts between platforms and in order to take advantage of the Promotion. The affiliate provides the following personal data of the customer: first name, last name, residential/registered address, email address, phone number and IP address.

5. The legal basis for the processing of Customers' personal data is:

- Article 6(1)(B) of the RODO - necessity for the performance of the contract to which the Client is a party in order to set up a Client Account on the Service Provider's Platform or on the Partner's Platform and to use the Promotion;

- Article 6(1)(C) of the RODO - fulfilment of a legal obligation incumbent on controllers of personal data in order to comply with the legal obligations set out, in particular, in the Estonian Anti-Money Laundering and Terrorist Financing Law of 26 October 2017 and the Lithuanian Prevention of Money Laundering and Terrorist Financing Law of 19 June 1997.

- Article 6(1)(F) RODO - legitimate interest of the Data Controllers consisting primarily in: improving the quality of provision of Promotions, adapting Promotions to Customers' needs, responding to Customers' requests, increasing the efficiency of the Partner Platform, ensuring the security of the Partner Platform, sending newsletters, marketing of Data Administrators' own products. Providing personal data by Customers in the Registration process is voluntary, but necessary to set up a Customer Account on the Partner Platform or Provider Platform and take advantage of the Promotion specified in these Terms and Conditions. Providing personal data by Clients is partly a contractual requirement and partly a statutory requirement. If a Customer refuses to provide personal data, creating a Customer Account on the Partner Platform and using the Promo as defined in these Terms of Use shall not be possible.

6. In connection with the processing of personal data by the Partner and Provider, Clients have the following rights: the right to access personal data, the right to correct personal data, the right to restrict processing, the right to request erasure of data, the right to object, the right to data portability, the right to lodge a complaint to the supervisory authority.

7. A Client who believes that a Partner or Service Provider is processing personal data in violation of applicable laws has the right to file a complaint with the supervisory authority, which in the case of:

- Partner is the Estonian Data Protection Inspectorate, 39 Tatari, 10134 Tallinn, Estonia;

- Service Provider is Lithuanian State Data Protection Inspectorate (Valstybinė duomenų apsaugos inspekcija) L. Sapiegos g. 17, 10312 Vilnius.

8. Personal data of the Clients are not subject to automated decision-making, including profiling.

9. The data controllers may transfer the personal data of the Clients to: business partners, cooperating persons, entities providing employee outsourcing, payment operators, entities offering customer service software, entities providing Internet mail service, entities offering document scan verification service, entities providing server hosting services, if it is necessary in connection with the business activity conducted by the data controllers, especially for the purpose of fulfilling their contractual relations, and to processors only to the extent that it is necessary to support and facilitate the purpose of the processing.

10. The Data Controllers' business partners and certain processors may be located outside the European Union and the European Economic Area (EEA). In that case, the Data Controllers shall verify that the business partners provide a high level of protection of personal data. Such assurances arise in particular from the obligation to apply the EU Commission's standard contractual clauses (2010/87 / EC and / or 2004/915 / EC), or the entity's membership of the EU-US Privacy Shield.

11. Following cancellation of the Promotion by the Customer, Partner shall not process personal data, except as provided in Paragraph 13 of this Clause, for the purposes specified in these Terms and Conditions.

12. The Data Controllers shall process the Customers' personal data only for a period no longer than it is:

- necessary for the purposes of the processing; 

- until the statute of limitations has run out on the claim;

- until the expiration of the obligation to store data resulting from generally applicable laws.

13. In the case of obtaining information by the Partner that the Customer uses the Promo according to these Terms and Conditions or the applicable legal regulations, the Partner may process the Customer's personal data to the extent necessary to determine its liability.

14. The Customer may not use the Promo0on anonymously due to the applicable law, in particular the law on counteracting money laundering and terrorist financing.

15. In all matters relating to the processing of personal data and the exercise of rights in relation to data processing, you can contact the individual Personal Data Controller by sending a registered letter to the address of its registered office or by e-mail:

- from the Partner Site: [email protected] ;

- from Provider: [email protected]

 

Chapter 4 Complaints

§ 6

1. The Customer shall have the right to lodge a complaint in the event of the Promotion not being in line with these Terms and Conditions and other generally applicable provisions of law.

2. A complaint regarding the provision of the Promo0on, including activities described in these Terms and Condi0ons, may be made by the Client in writing by sending it via the public postal operator to the Partner's address: Harju maakond, Tallinn, Lasnamäe linnaosa, Tähesaju tee 9, 13917 ESTONIA (office no. 10, 2nd floor) or in electronic form by sending to the e-mail address: [email protected];

3. The complaint should include, in particular: the Client's identification data, date of occurrence of the event constituting the cause for complaint, description of reported reservations constituting the basis for complaint submission, operation identifiers, Electronic Mail Address and the Client's expectations as to the manner of complaint handling.

4. In order to allow the Partner to consider the claim fairly, the claim should be submitted by the Customer no later than 30 days from the date the Customer became aware of the objectionable circumstances.

5. Complaints are processed by Partner without delay, but no longer than 14 days from the date of receipt. If the claim does not contain the information necessary to process the claim, as stated in paragraph 3 above, Partner will ask the Client to complete the claim to the extent necessary, and the 14 (fourteen) day period starts from the date of delivery of the completed claim. In justified cases, the Partner may extend the deadline for processing the claim by an additional 14 (fourteen) days, of which the claimant will be informed.

6. Partner informs the Client about the outcome of the complaint procedure in electronic form at the E-mail address provided during Registration.

7. Notwithstanding the provisions of paragraph 6 above, concerning the method of communicating the result of the complaint procedure, Partner reserves the right to send this information to the Customer's mailing address.

8. If it is not possible to process a complaint within the period referred to in paragraph 5 above, Partner shall notify the Customer in the manner specified in paragraph 6, or paragraph 7 above, informing the Customer in particular:

a. reasons for delay,

b. circumstances to be determined,

c. expected time of complaint handling (not longer than 45 days from the date of complaint receipt).

9. The client has the right to appeal to the Partner if the Partner does not accept the claim. The response of the Partner to the appeal is considered as the final position of the Partner.

10. In case of not accepting the claims resulting from the complaint in the final position of the Partner, the Customer has the right to:

a. use of mediation or arbitration or any other mechanism for the amicable resolution of disputes if the financial market operator so provides;

b. to bring an action before a common court, indicating the entity that should be sued and the court with territorial jurisdiction to hear the case.

11. The Partner allows for the possibility of amicable dispute resolution.

12. The complaint, which does not relate to the activities of the Partner described in these Terms and Conditions, especially concerning the Promotion, shall be forwarded to the Service Provider or other relevant entity. The entity, whose activities the complaint concerns, shall handle it according to the rules specified in its regulations and internal provisions.
 
§ 7

The Partner has the right to inquire at any time about the Customer, if there is a suspicion that the Customer is violating laws, regulations, rules of social coexistence or good manners, and the Customer is obliged to provide the Partner with information necessary to clarify the circumstances associated with the violation.
 

Chapter 5 Final provisions

§ 8

1. Partner is entitled to change the content of the Terms of Use at any time. Information about the planned changes to the Terms of Use shall be communicated to the Customers at least 7 days prior to the date of their implementation in electronic form at the electronic mail address, as well as by posting information on the Partner's Platform.

2. If the Customer does not accept the changes to the Regulations, he/she should, before the date of entry into force of these changes, within the period indicated in paragraph 1 above, report the fact of non-acceptance of changes in the form of an e-mail to: [email protected].com.

3. No acceptance of changes to the Terms and Conditions shall mean the end of provision of the Promotion.

4. Failure to notify the Client about non-acceptance of amendments to the Regulations prior to the date of their entry into force, subject to the deadline referred to in paragraph 1, shall be deemed an acceptance of the new Regulations.

5. The Customer using the Promotion shall be obliged to observe the provisions of these Terms and Conditions.

6. The language used for communication with the Customer is primarily English.
 
§ 9

1. To all matters not regulated herein the provisions of the Rules of Procedure of the Partner, the Rules of Procedure of the Service Provider, and the generally applicable laws of the Republic of Estonia shall apply.

2. In the case of conflicting provisions of the Regulations with the provisions of the Regulations of the Partner and Provider, the provisions of these Regulations shall apply.
 
§ 10

These Terms and Conditions are made available to Customers free of charge via the Partner Platform, in a form that allows obtaining, reproducing, recording and printing them.
 
§ 11

The Bylaws as hereby amended shall be effective as of May 17, 2023.