KYC/AML/CTF Policy |Bitcoin4U|

Last revision: September 8, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Bitcoin4U (the "Website").

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.

AGE RESTRICTION

You must be at least eighteen (18) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.

INTELLECTUAL PROPERTY

All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.

USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.

ACCOUNT AND ACCOUNT USE

If your use of the Website requires an account identifying you as a user of the Website (an "Account"):

By using our website and providing your phone number you agree to receive text messages from us. These include (but are not limited to) receiving of OTP's, receipts and other account related information.

You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;

You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and

You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

You agree to not use your account to purchase cryptocurrency on behalf of a third party. You agree that cryptocurrency will only be sent to a wallet controlled by you. A third party is the person or entity that instructs another person or entity to conduct a transaction or activity on their behalf. As such, the third party is the instructing party to the transaction or activity, and is also understood to be the "on behalf of" party.

PAYMENT

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

Payment will only be made by yourself. If you are purchasing with cash or flexepin you agree to only use funds that are owned by you. If you are purchasing with an eTransfer you agree that you will transmit funds from your own account, and not on behalf on a third party.

If you are selling cryptocurrency to us, you agree that the payment will be received by yourself and not a third party.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

SALE OF GOODS AND SERVICES

We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. For goods or services sold by others, we assume no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that claim directly with the manufacturer or seller and not with us. You agree to release us from any claims related to goods or services manufactured or sold by third parties, including any and all warranty or product liability claims.

DELIVERY/RETURN POLICY

You will ensure payment for any transactions with us. Rates indicated on the website are subject to change, however a rate will be offered to you prior to every transaction and this will be locked in provided the payment is received within the payment window. If a payment is received after the window, the rate will be adjusted by the same percetage change as that listed on coingecko.com. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. Once a payment has been sent (fiat or cryptocurrency) by us, transactions are not refundable or reversible.

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following (mailing address only - not open to the public):

Bitcoin4U
3250 Bloor Street West
East Tower, Suite 600
Toronto ON M8X 2X9
or by email: info@bitcoin4u.ca

COMPLAINTS POLICY

For any complaints, you agree to contact us in a timely manner at the following(mailing address only - not open to the public):

Bitcoin4U
3250 Bloor Street West
East Tower, Suite 600
Toronto ON M8X 2X9
or by email: info@bitcoin4u.ca

ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Bitcoin4U.

You further agree not to use and/or access the Website:

To harass, abuse, or threaten others or otherwise violate any person's legal rights;

To violate any intellectual property rights of us or any third party;

To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

To perpetrate any fraud;

To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

To publish or distribute any obscene or defamatory material;

To publish or distribute any material that incites violence, hate or discrimination towards any group;

To unlawfully gather information about others.

To send cryptocurrency from our platform to a criminal/darknet address, sanctioned address or address for funding terrorism.

to send cryptocurrency to our platform a criminal/darknet address, sanctioned address or address for funding terrorism.

PROTECTION OF PRIVACY

Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.

If you choose to terminate your account, we will store information about you for the following period of time: 5 years from the date of your last transaction. After that time, all information about you will be deleted.

ASSUMPTION OF RISK

The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Bitcoin4U. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.

Bitcoin is inheritantly risky and volatile. Bitcoin4U makes no claims as to Bitcoin retaining its value after purchase/sale. All transactions are final and irreversable. Bitcoin4u is not responsible for bitcoin sent to an incorrect or invalid address. You may only withdraw Bitcoin to an address that you own and control, you may not send Bitcoin directly to a third party or to another virual asset provider. You may not grant access of your account to a third party. Bitcoin4u makes no guarantees about how long it will take to transfer Bitcoin to your wallet.

REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

DATA LOSS

We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.

INDEMNIFICATION

You defend and indemnify Bitcoin4U and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.

SPAM POLICY

You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.

VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.

SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.

TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.

PRIVACY

Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.

For more information, please refer to our Privacy Policy, which you may find at the following address: https://bitcoin4u.ca/policies/#privacy.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Bitcoin4U arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Bitcoin4U in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Know Your Customer [KYL], Anti-Money Laundering [AML] & Counter Terrorist Funding [CTF]

AML & CTF Basics

Money laundering is the process of taking money obtained by committing a crime and disguising the source to make it appear legitimate. Under the Criminal Code of Canada, it is illegal to launder money or to knowingly assist in laundering money. Under the PCMLTFA and Regulations, as well as legislation applicable in other jurisdictions in which we operate, we must take steps to be sure that our business is not used to launder money and if we suspect that money laundering may be taking place, we must report it.

Terrorist financing is the process of moving funds in order to pay for terrorist activities. Unlike money laundering, the source of the funds is not always criminal, but the intended use of the funds is criminal. Under the Criminal Code of Canada, it is illegal to knowingly assist in the financing of terrorism, including the possession of terrorist funds or property. If we know or suspect that we have terrorist property in our possession, it must be reported immediately.

Bitcoin4U Commitment:

Bitcoin4U reports to and follows the guidelines of the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). Bitcoin4U is committed to preventing, detecting and deterring money laundering and terrorist financing, and has a zero-tolerance policy in regard to money laundering and terrorist financing. To that end, Bitcoin4U has developed and instituted policy and procedures to ensure compliance with this commitment, which includes reporting standards and obligations, record keeping, information collection, staff responsibilities, and staff training.

It is the responsibility of every employee (including contract and part-time employees) to comply with this program and all related Canadian legislation.

FINTRAC is the agency that regulates our industry to ensure that we are meeting our obligations. They have the power to review our documentation and to levy significant penalties if we are not compliant. Individuals that deliberately attempt to circumvent the law may also be charged criminally in addition to monetary penalties.

KYC

As a money services business, Bitcoin4U must verify the identity of customers for certain activities and transactions according to the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (PCMLTFR).

Bitcoin4U can confirm the identity of a customer by relying on an identity document where it is “valid, authentic and current.” Meaning, we can confirm identification using acceptable documents, presented in an electronic format, so long as it can be authenticated.

We have engaged ESC Corporate Services Ltd. ("ESC") to provide this verification for us. To verify your identity, your personal information will be matched with the information contained in your Credit File Report and other third party sources. You also consent to your personal information being compared to records maintained by third parties, including telecom and other service providers, and you consent to those third parties providing personal information to us and our third-party suppliers for the purpose of identity verification. By clicking "I agree" and submitting your information, you confirm your consent to ESC collecting, using, disclosing, and storing your personal information for the purpose of this verification. This is a soft inquiry and will not affect your credit score or be visible to other financial institutions.

You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider (TeleSign), solely to verify your identity and prevent fraud for the duration of the business relationship. See our Privacy Policy for how we treat your data.

The identification document must be:

Issued by a provincial, territorial or federal government in Canada or an equivalent foreign government;
Valid (not expired);
Bears a unique identifier number (such as a driver’s license number);
Bears the name of the individual being identified; and
Bears a photo of the individual being identified.

We must also collect and record the following information:

The customer’s full name (no initials, short forms or abbreviations);
The customer’s occupation (this should be as detailed as possible and be full form, without abbreviations or acronyms);
The nature and purpose of our business relationship with the customer (if applicable);
The customer’s date of birth (if this appears on the identification document, the date of birth that we record must match the document);
The customer’s full home address (post boxes, office addresses and general delivery addresses are not acceptable for this purpose; if the customer wishes to provide a separate mailing address, we can collect this as well, but we must always record the full home address);
The type of document used to identify the customer;
The place that the identification was issued (this should be a province, territory, or state and a country, not a city);
The unique identification number (such as the driver’s license number);
The expiry date of the identification provided (if the document has an expiry date; if it does not, please make a note to say that there was no expiry date on the document);
The date on which we verified the document.

If a customer has been identified previously and the information in our records is up to date (the identification document used has not expired), and we can verify the customer's identity, then we do not need to request identification to complete a transaction.

Last update: January 11, 2021

The respect of of your private life is of the utmost importance for Bitcoin4U, who is responsible for this website.

This Privacy Policy aims to lay out :

the way your personal information is collected and processed. "Personal information" means any information that could identify you, such as your name, your mailing address, your email address, your location and your IP address;
your rights regarding your personal information;
who is responsible for the processing of the collected and processed information;
to whom the information is transmitted;
if applicable, the website's policy regarding cookies.

This Privacy Policy complement the Terms and Conditions that you may find at the following address:

https://bitcoin4u.ca/policies/#terms

COLLECTION OF PERSONAL INFORMATION

We collect the following personal information:

Last Name
First name
Mailing address
Postal code
Email address
Phone and/or fax number
Gender
Date of birth/age
Occupation
Physical characteristics
Driver's licence number
Other:
Place and country that the identification was issued
Unique identification number (such as passport number)
Expiry date of the identification provided

The personal information we collect is collected through the collection methods described in the following section.

FORMS AND METHODS OF COLLECTION

Your personal information is collected through the following methods:

Website registration form
Other:
Identification verification done by vouched.id

We use the collected data for the following purposes:

Contact
Managing the website
Other:
Financial Transactions and Reports Analysis Centre of Canada legislation

INTERACTIVITY

Your personal information is also collected through the interactivity between you and the website. This personal information is collected through the following methods:

Correspondence
Information for promotional offers
Other:
All transaction records and attempted transaction records are retained as per Financial Transactions and Reports Analysis Centre of Canada guidelines

We use the personal information thus collected for the following purposes:

Contact
Website management
Other:
All transaction records and attempted transaction records are retained as per Financial Transactions and Reports Analysis Centre of Canada guidelines

COOKIES AND LOG FILES

We collect information through log files and cookies. These allow us to process statistics and information on trafic on the Website, to ease navigation and improve your experience for your comfort.

Cookies used by the Website

The cookie files used by the Website are the following:

IP address
Operating system
Pages visited and queries
Day and time of connection

The use of such files allows us to achieve the following purposes:

Improvement of the service and personalized welcome
Order tracking
Statistical surveys

By using the Website, cookies from the following third parties may be saved on your hard disk:

vouched.id

These websites have their own privacy policy and terms and condition that may be different than ours. We invite to look at the privacy policies and terms and conditions from these websites.

Objection to the use of cookies and log files by the Website

You have the right to object to the recording of these cookies and log files by configuring your web browser.

Once you have deactivated cookies and log files, you may continue your use pf the Website. However, any malfunction resulting from this deactivation may not be considered of our making.

SHARING OF PERSONAL INFORMATION

We are committed to not selling to third parties or otherwise commercialize the personal information we collect. However, we may share this information with third parties for the following reasons:

Order fulfillment
Partnership
Other:
Regulatory requirements
Identification verification

If you do wish that we not share you personal information with third parties, you may object at time of collection or at any time thereafter, as described in the "Right of objection and of withdrawal" section.

STORAGE PERIOD OF PERSONAL INFORMATION

The controller will keep in its computer systems, in reasonable security conditions, the entirety of the personal information collected for the following duration: 5 years from the date of last transaction.

HOSTING OF PERSONAL INFORMATION

Our website is hosted by: Digital Ocean Canada Inc., located at the following address:

340 King Street East, 2nd Floor Toronto, ON M5A 1K8.

Personal information we collect and process is transferred to the following countries: USA.

HOSTING OF PERSONAL INFORMATION

The "Controller" is: Bitcoin4U The Controller may be contacted as follows:

Click the chat button at https://bitcoin4u.ca/

Controller

The Controller is in charge of determining the purposes for which personal information is processed and the means at the service of such processing.

Obligations of the Controller

The Controller is committed to protecting the personal information collected, to not transmit it to third parties without informing you, and to respect the purposes for which personal information was collected.

In the event that the integrity, confidentiality or security of your personal information is compromised, the Controller is committed to notify you.

RIGHT OF OBJECTION AND OF WITHDRAWAL

You have the right to object to the processing of your personal information by the website ("right to object"). You also have the right to request that your personal information does not appear, for example, on a mailing list ("right to withdraw").

If you wish to exercise the right to object or the right to withdraw, you must follow the procedure described hereinafter:

Users must accept the terms and conditions and privacy policy to use the website.

RIGHT OF ACCESS, OF RECTIFICATION AND OF REMOVAL

You have the right to consult, update, modify or request the removal of information about you by following the procedure described hereinafter:

Retention of user information is a regulatory requirement. Upon request in writing through our Contact Us form, we will provide a list of all your data that we are retaining.

Your account may be deleted, but due to regulatory requirements, user data cannot be removed until 5 years after the last transaction. To delete a user account, you should request an account deactivation through our Contact Us form.

SECURITY

Personal information we collect is stored in a secured environment. People working for us are obligated to respect the confidentiality of your personal information.

To ensure the security of you personal information, we use the following methods:

SSL (Security Sockets Layer) Protocol
SET (Secure Electronic Transaction) Protocol
Access management - person authorized
Access management - person concerned
Network surveillance software
Automatic backup
Digital certificate
Username/password
Firewalls

We are committed to maintaining a high degree of confidentiality by integrating the latest technological innovations that allow us to ensure the confidentiality of your transactions. Nevertheless, no mechanism can ensure a complete security and transmitting personal informations on the Internet always entail a part of risk.

PRIVACY CERTIFICATION

Our commitments relating to the protection of personal information meet the standards of the following program(s):

GoDaddy

CHANGES TO OUR PRIVACY POLICY

Our Privacy Policy may be viewed at all times at the following address:

https://bitcoin4u.ca/policies/#privacy

We reserve the right to modify our Privacy Policy in order to guarantee its compliance with the applicable law.

You are therefore invited to regularly consult our Privacy Policy to be informed of the latest changes.

However, in the event of a substantial change to our Privacy Policy, we will notify you as follows:

Upon your next log-in.

ACCEPTANCE OF OUR PRIVACY POLICY

By using our Website, you certify that you have read and understood this Privacy Policy and accept its conditions, more specifically conditions relating to the collection and processing of personal information, and the use of cookies.

APPLICABLE LAW

We are committed to respect the legislative provisions as specified in:

Personal Information Protection and Electronic Documents Act, SC 2000, c 5; and/or

Act Respecting the Protection of Personal Information in the Private Sector, CQLR cP-39.1.

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