General Terms and Conditions
Article 1 Definition
1. In these General Terms and Conditions, the terms below shall have the following meaning, unless explicitly stated otherwise or unless the context requires otherwise:
- MyCryptoParadise: the user of these general terms and conditions and founder of: MyCryptoParadise, individual Šimon Robin Mach established at Nová Cesta 761 in Dobřichovice, Czechia, registered with the Trade Register under id number 06316760;
- member: the natural person who has entered into an agreement as referred to in sub c with MyCryptoParadise via the websites referred to in sub e;
- agreement: the agreement between the member and MyCryptoParadise to use the service;
- service: the services that are offered online via the website by MyCryptoParadise and that the member can use;
- website: the website www.mycryptoparadise.com
- content: all information regarding cryptocurrencies that is on the website or that is made known to the member by MyCryptoParadise via the chat service or via a webinar or in any other way;
- data subject: the natural person who has entered into an agreement with MyCryptoParadise or the natural person who visits the website;
- personal data: data relating to an identified or identifiable natural person.
Article 2 General
- These General Terms and Conditions apply to the use of the website, to all services offered on the website and to any agreement between MyCryptoParadise and the member and/or data subject to which MyCryptoParadise has declared these General Terms and Conditions applicable.
- Any deviations from these General Terms and Conditions shall only be valid if expressly agreed in writing or by e-mail.
- If one or more of the provisions in these General Terms and Conditions are null and void or should be nullified, the other provisions of these General Terms and Conditions shall remain fully applicable. In that case, MyCryptoParadise shall have the right to replace it with a provision that is not unreasonably onerous for the member and that comes as close as possible to the invalid provision.
- MyCryptoParadise shall be entitled to amend these General Terms and Conditions during the term of the agreement. The member shall be notified of the amended general terms and conditions and the date on which they take effect by e-mail or via the website. If the member continues to use the services after these General Terms and Conditions have been amended, the member will be deemed to have agreed to the amendment. If the amendment is a far-reaching change to the detriment of the member, the member shall have the right to terminate the agreement prematurely on the day on which the new General Terms and Conditions come into force. Minor changes or amendments to the General Terms and Conditions that are not to the member’s detriment do not entitle the member to terminate the agreement prematurely free of charge.
Article 3 Fair use
- 1 It is not permitted to use the website in a way that could hinder other members or otherwise affect the proper functioning of the website. Furthermore, it is not permitted to use closed parts of the website by circumventing security measures or by using other than one’s own personal login details.
Article 4 Offer
- 1 The offer of MyCryptoParadise is without obligation.
- 2 Mentioned subscription prices do not automatically apply to future agreements.
- 3 Obvious errors or mistakes in the offer, publications or on the website shall not bind MyCryptoParadise.
- 4 The services are only offered to persons who are 18 years or older.
Article 5 Customer due diligence
- 1 Notwithstanding the provisions of Article 20.3, MyCryptoParadise may refuse to enter into an agreement if the member does not or not timely perform the customer due diligence that MyCryptoParadise is obliged to perform.
- 2 The customer due diligence consists of the verification of the identity and place of residence of the member, and is based on the requirements of various laws and regulations, including the tax laws of various EU member states.
Article 6 Conclusion of the agreement
- 1 The agreement is concluded after the member has registered via the website and if the provisions laid down in Article 6.2 and 20.3 have been met.
- 2 The agreement can only be concluded via the website after the member has agreed with these General Terms and Conditions by clicking on “Accept”.
- 3 After the agreement has been concluded via the website, MyCryptoParadise shall immediately send the member a confirmation by e-mail. If the member has not received a confirmation e-mail from MyCryptoParadise, the member must contact MyCryptoParadise.
Article 7 The account
- 1 The member must create a user name and a password, with which he/she can log on to the website. The user name and password are strictly private and confidential and may not be shared with others. If the member suspects that a third party is using his/her login details without the member’s permission, the member must contact MyCryptoParadise as soon as possible.
- 2 The member is not allowed to create multiple accounts.
- 3 The account is personal and non-transferable.
Article 8 Duration
- 1 The term of the agreement depends on the type of subscription that the member has taken out. After expiry of the term, the subscription automatically ends.
- 2 The subscription cannot be terminated prematurely, unless the member is entitled to invoke the right of withdrawal in accordance with Article 9.
Article 9 Invoicing and payment
- 1 Invoicing is done in advance.
- 2 The subscription costs shall be invoiced in a cryptocurrency and shall be paid by the member in the invoiced cryptocurrency.
- 3 If the invoice is not paid on time, MyCryptoParadise shall have the right to unilaterally terminate or dissolve the agreement.
Article 10 Right of withdrawal
- The member has the right to dissolve the agreement within 14 days after the conclusion of the agreement. The notice thereof must take place by e-mail.
- The member may not invoke his/her right of withdrawal if:
- the fulfilment of the agreement has begun with the express consent of the member; and
- the member has declared to waive his/her right to dissolve the agreement.
- If the member notifies MyCryptoParadise that he/she wishes to exercise the right of withdrawal, MyCryptoParadise shall send the member an acknowledgement of receipt after receiving this notification.
- If the member invokes his/her right of withdrawal in accordance with Article 9.1, MyCryptoParadise shall refund the subscription fee to the member within 14 days after the dissolution.
- If the member has not given his/her explicit consent for the provision of the service before the right of withdrawal period has expired and has not waived his/her right to dissolve the agreement, MyCryptoParadise shall be entitled to stipulate that the subscription shall only take effect after the right of withdrawal period has expired.
Article 11 Usage rules
- The member is not permitted:
- to create, introduce or distribute computer viruses via the website;
- to send messages via the chat service or publish messages via the website containing pornographic, racist, vulgar, threatening, violent or offensive material;
- to violate the privacy of third parties by using the website;
- to publish messages via the website of which the copyrights rest with a third party and this third party has not given permission for the publication;
- to use the service in/for the performance or promotion of criminal activities or for acts that violate Dutch laws and regulations;
- to investigate or test the vulnerability of a computer system or network or to break through security.
11.2 If, in the opinion of MyCryptoParadise, the member has misbehaved in the chat service, the member will receive a warning. If the member’s behaviour does not improve, MyCryptoParadise shall have the right to remove the member from the chat service. If the member’s misconduct is of such a serious nature, MyCryptoParadise may remove the member from the chat service without warning
Article 12 Services
- The services provided depend on the type of subscription that the member has taken out.
- MyCryptoParadise explicitly does not guarantee that by performing the actions that follow from the content, a certain result will be achieved. The content should never be considered as an advice.
- MyCryptoParadise does not guarantee a positive return for user whose purchased membership in account management service.
- MyCryptoParadise shall be entitled to temporarily suspend the use of the website for maintenance purposes, without the member being able to claim any form of compensation, unless the suspension is unreasonably long.
Article 13 Account blocking
- The member acknowledges that MyCryptoParadise has the right to block the member’s account if the member or third parties misuse the website; if there are other irregularities or technical failures, regardless of the cause.
- If the member fails to fulfil his/her obligations arising from the agreement, General Terms and Conditions or laws and regulations, MyCryptoParadise shall be entitled to dissolve the agreement and block the account.
- If the member has been guilty of an offence, MyCryptoParadise shall report this to the police.
- If the member’s account is blocked, the member shall be notified by e-mail. Any subscription fees already paid will not be refunded.
- The member is not entitled to compensation for account blocking for the reasons mentioned in Article 13, paragraphs 1 to 3.
Article 14 Intellectual property rights
- All intellectual property rights, including copyright with regard to the website, the software, photos, images, drawings, texts, brands, trade names, corporate identity, logos and content and data provided by MyCryptoParadise to the member, belong exclusively to MyCryptoParadise.
- The member shall respect the intellectual property rights of MyCryptoParadise at all times.
- The member is not permitted to distribute (parts of) the website, the services or the content, unless MyCryptoParadise enables the member to distribute by means of a function on the website, such as the posting on social media websites.
Article 15 Liability and period of limitation
- Much attention is paid to the quality of the services. However, MyCryptoParadise cannot guarantee the continuous availability of its services, the accuracy of all information on the website and/or the prevention of unauthorised use thereof by third parties. The website may contain technical inaccuracies or other errors. The website is offered in its current state and as available, without any express or implied warranty of any kind.
- The member is fully responsible for the use of the service. MyCryptoParadise is not liable for any damages suffered or to be suffered by the member due to the performance of actions that follow from the content, such as suffered losses or missed profits. The member is responsible for any decisions he/she makes, whether or not as a result of the content.
- The purchase and sale of cryptocurrencies by the member is entirely for the account and risk of the member. MyCryptoParadise can never be held liable for financial consequences of the member buying and/or selling one or more cryptocurrencies.
- MyCryptoParadise shall not be liable for damage of any nature whatsoever caused by the fact that MyCryptoParadise has relied on incorrect and/or incomplete information provided by or on behalf of the member.
- MyCryptoParadise strives to keep the services accessible 7 days a week and 24 hours a day, but may interrupt the service, including for maintenance work, updating and/or for any other technical reason. MyCryptoParadise is not liable for any damage suffered by the member as a result of the interruptions, unless the interruption is unreasonably long due to the actions of MyCryptoParadise. In that case, the amount of damages that MyCryptoParadise is required to compensate per month shall never exceed 1 month subscription costs.
- MyCryptoParadise cannot be held liable in any way for the loss of the login codes used by the member. MyCryptoParadise cannot be held responsible for any unauthorised third parties using the member’s login codes.
- MyCryptoParadise does not guarantee that the information on the website is accurate. MyCryptoParadise shall make every effort to keep the accuracy of this information as consistent as possible.
- MyCryptoParadise shall not be liable for the loss or rendering unusable of data as a result of transmission of the data by means of telecommunication facilities.
- MyCryptoParadise shall never be liable for indirect damage, including consequential damage, loss of profit, missed savings, suffered damage, fines imposed, consequences of exchange rate fluctuations and reputational damage.
- If MyCryptoParadise should be liable for any damage of any kind, the liability of MyCryptoParadise shall be limited, insofar as this is not in conflict with any mandatory statutory provision, to the subscription costs charged to the member for one subscription period.
- All claims against MyCryptoParadise that have not been submitted to MyCryptoParadise within one year of their creation shall lapse due to the period of limitation.
Article 16 Force majeure
- MyCryptoParadise is not obliged to fulfil one or more obligations under the agreement or to provide the services if it is prevented from doing so as a result of force majeure. Force majeure shall be understood to include: a non-attributable failure on the part of engaged third parties, the temporary unavailability or insufficient availability of hardware, software and/or internet or other telecommunication connections necessary for the provision of the services, weather influences, government measures, changes in legislation and/or regulations, power failure, virus infection, digital hostage taking or computer intrusion by third parties, industrial disturbance, as well as any other situation over which MyCryptoParadise cannot exercise (decisive) control.
Article 17 Complaints
- Complaints about the service can be reported via the contact form on the website to: e-mail: firstname.lastname@example.org
- Complaints will be handled by MyCryptoParadise within 14 days. In the unlikely event that a complaint cannot be dealt with within the 14-day period, the member will be informed of the duration of the delay.
Article 18 Applicable law and competent court
- All agreements between MyCryptoParadise and the member shall be governed by Czechia law.
- All disputes that may arise between the parties shall be exclusively adjudicated by the competent court in the Czechia within whose jurisdiction the registered office of founder of MyCryptoParadise ( infortmation about founder are above) is located. Within one month after MyCryptoParadise has invoked this Article, the member shall have the option of choosing the court competent by law to settle the dispute.
PRIVACY AND PROCESSING OF PERSONAL DATA
Article 19 Personal data
- Careful handling of personal data is of great importance for MyCryptoParadise. MyCryptoParadise shall act in accordance with the applicable laws and regulations with regard to the processing of personal data.
- MyCryptoParadise shall collect personal data of the data subject if the data subject has provided this personal data to MyCryptoParadise via the website, has entered into an agreement via the website or has contacted MyCryptoParadise via e-mail.
- MyCryptoParadise collects and processes the following personal data:
- first and last name;
- IP address;
- e-mail address.
Which personal data MyCryptoParadise processes depends on whether or not the data subject has entered into an agreement with MyCryptoParadise.
For control purposes, MyCryptoParadise may require the data subject to show his/her identity document to MyCryptoParadise via a live image. This image shall not be stored or processed in any other way by MyCryptoParadise.
- MyCryptoParadise does not process any special personal data of data subjects.
- MyCryptoParadise has no intention of collecting information from data subjects who are under the age of 18. MyCryptoParadise advises parents to be involved in the online activities of their children in order to prevent the collection of information about minors without parental consent. If the data subject is convinced that MyCryptoParadise has collected personal information about a data subject under the age of 18 without that consent, the data subject must contact MyCryptoParadise using the contact details set out in Article 27.1 and MyCryptoParadise will terminate the processing and delete the personal data.
Article 20 Basis and purposes of processing
- The processing of personal data is based on the execution of the agreement or, at the request of the data subject, taking pre-contractual measures.
- MyCryptoParadise collects and processes personal data for the following purposes:
- to handle a question and/or comment and/or complaint from the data subject;
- the conclusion of the agreement;
- to create an account for the data subject on the website and to maintain the account;
- to be able to provide the services;
- to comply with administrative obligations;
- to comply with laws and regulations;
- to send newsletters to the data subject, if he/she has given permission to do so or if he/she has subscribed for them, see also Articles 20 and 21.
- To use it for marketing purposes, such as use the data collected from users to observe and target the market
- The provision of the name, country, age and e-mail address of the data subject is a contractual obligation. If the data subject does not provide this information upon conclusion of the agreement, the agreement cannot be concluded.
- MyCryptoParadise shall not retain the personal data longer than strictly necessary to achieve the purposes for which they are processed, as described in Article 19.2.
- MyCryptoParadise shall only process personal data that are at least necessary for the existing purposes. MyCryptoParadise strives for minimal data processing.
- MyCryptoParadise shall not process the personal data for purposes other than those described above.
Article 21 Newsletters
- Newsletters shall only be sent to the data subject by e-mail if the data subject has given explicit and unambiguous permission to do so to MyCryptoParadise or if the data subject has subscribed to receive newsletters via the website itself. The data subject may unsubscribe from newsletters at any time.
- MyCryptoParadise will not approach the data subject for marketing purposes if the data subject has not given permission to do so.
Article 22 Unsubscribe from newsletters
- The data subject may unsubscribe from newsletters in the following ways:
- by clicking on the link in the newsletter e-mail with which the data subject can unsubscribe from such newsletters;
- by contacting MyCryptoParadise, see Article 27.1 for the contact details.
- Each newsletter sent to the data subject shall include a link that allows the data subject to unsubscribe from the newsletters.
Article 23 Removal of personal data
- MyCryptoParadise shall – subject to any legal obligation to store data – remove personal data from its systems without unreasonable delay, if:
- the personal data are no longer necessary for the purposes for which they were processed;
- the data subject objects to the processing of his/her personal data and this objection is justified;
- the personal data are incorrect or outdated.
- MyCryptoParadise is not obliged to delete personal data in the event of one of the situations described in the law in which the “right to forget” does not apply.
Article 24 Provision of personal data to third parties
- MyCryptoParadise will only provide the personal data of the data subject to third parties, if:
- MyCryptoParadise has expressly obtained the prior consent of the data subject;
- one of the legal bases is applicable to which the provision of personal data to a third party is permitted;
- it is necessary for the execution of the agreement;
- the provision is made to a processor engaged by MyCryptoParadise for the purposes listed in these General Terms and Conditions, with whom MyCryptoParadise has concluded an agreement that ensures that the processor offers sufficient guarantees with regard to technical and organisational security measures for the processing to be carried out.
- The data subject may at any time withdraw his/her consent to provide personal data to third parties.
Article 25 Right of access, transferability and rectification
- Upon request, MyCryptoParadise shall grant the data subject access to all personal data that MyCryptoParadise holds about him/her and MyCryptoParadise shall provide the data subject with a copy of these data free of charge in such a form that the data subject can provide the personal data to a third party.
- MyCryptoParadise shall offer the data subject the opportunity, free of charge, to have any incorrect data held by MyCryptoParadise about him rectified or deleted.
- The request for access, rectification or removal of data may be submitted to MyCryptoParadise in writing or by e-mail, see Article 27.1 for their contact details. MyCryptoParadise shall respond to such a request as soon as possible and in any case within 4 weeks.
Article 26 Right to object
- The data subject may object to MyCryptoParadise has processing of his/her personal data if he/she has a good reason to do so in view of his/her specific situation. After MyCryptoParadise has received the objection from the data subject, MyCryptoParadise shall cease processing the personal data of the data subject, unless MyCryptoParadise has a legitimate interest in processing personal data that outweighs the interest of the data subject.
Article 27 Right of restriction
- If a request has been submitted by the data subject in connection with the rectification, addition or deletion of his/her personal data or an objection has been submitted in connection with the processing of his/her personal data and the processing and execution of this request or that objection takes some time, the data subject may request MyCryptoParadise to restrict the processing of his/her personal data.
Article 28 Contact
- For questions about the manner in which MyCryptoParadise processes personal data, the withdrawal of consent with respect to the processing of personal data, access to personal data processed by MyCryptoParadise of the data subject, a request for a copy of his/her personal data, the request to rectify or delete his/her personal data, the request to limit the processing of his/her personal data or the submission of an objection to the processing of his/her personal data, the data subject may contact MyCryptoParadise via the contact details below. e-mail address: email@example.com
- If MyCryptoParadise rectifies, supplements or deletes personal data of the data subject at the request of the data subject or terminates or limits the processing of personal data or has processed a withdrawn consent, MyCryptoParadise shall inform the data subject thereof.
Article 29 Third party policy
Article 30 Data breach
- If a security incident has occurred at MyCryptoParadise in which personal data of a sensitive nature have been leaked or for any other reason there is a serious adverse effect on the protection of the processed personal data, MyCryptoParadise shall, if possible, within 72 hours after the discovery of the data breach, report this to the Czechia Personal Data Authority and act in accordance with the Policy Rules on the Notification Obligation of Data Breaches of the Personal Data Authority.
- If there is a data breach at MyCryptoParadise that has adverse consequences for the privacy of the data subject, MyCryptoParadise shall immediately inform the data subject.
Article 31 Cookies
- MyCryptoParadise may but do not need to use functional and analytical cookies.
- A cookie is a small text file that is stored in the browser of the device of the data subject when they first visit the website.
- The data subject can opt out of cookies by setting the internet browser in such a way that one or more types of cookies are no longer placed. In addition, the data subject can also delete all information previously stored via the settings of his browser. More information about enabling, disabling and deleting cookies can be found in the instructions and/or with the help function of the browser. Functional cookies are necessary for the correct functioning of a website. If the data subject disables the placing of functional cookies, this may have consequences for the correct functioning of the website and it is possible that the data subject may not be able to use all services and log on to the website.
- Types of cookies and purposes:
The party that places the cookie
The type of cookie
The purpose for which the cookie is placed
Functional cookies ensure that the website functions properly. These cookies are used, for example, so that the data subject can log on to the website.
MyCryptoParadise for the use of Google Analytics
By using analytical cookies, MyCryptoParadise can see how the data subject uses the website and MyCryptoParadise can improve the website based on this. Analytical cookies are not shared with third parties, are not used by third parties and are not linked to the name or e-mail address of the data subject. MyCryptoParadise has set Google Analytics in such a way that visitors to the website remain anonymous.
Article 32 Filing a complaint
- If the data subject is of the opinion that the processing of personal data by MyCryptoParadise does not comply with these General Terms and Conditions and/or with the applicable legislation and
- regulations, the data subject may submit a complaint to the Czechia Personal Data Authority.