By accessing or using the services provided by BinoMarket (also referred to as "BinoMarket Group", and collectively as "We"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must refrain from using or accessing our services.
BinoMarket values the trust of its Customers and recognizes the importance of ensuring the confidentiality and security of their personal information. This Privacy Policy establishes the principles and rules for handling confidential information when using the Website and Services. It is designed to comply with applicable Polish regulations, including the Personal Data Protection Act and the General Data Protection Regulation (GDPR). Familiarizing yourself with this Policy is mandatory for all Clients before using the Services provided by BinoMarket.
2. Terms
In this document, if from the main text of the regulation expressly requires otherwise,the following words and expressions shall have the following meanings:
2.1. A Cookie is a piece of Data not containing Personal data created by a Website and stored in the Client computer in the form of one or more files. The blocking Cookie the Client will lead to difficulties of using the Website or full impossibility of its use.
2.2. Informational materials (Data) are any text, image, audio, video and mixed materials of informational character.
2.3. Confidential information - any information not related to the Public data which the Parties have agreed or applicable law requires be treated as confidential.
2.4. Privacy - availability of information only to its owner and the persons to whom this information can and (or) must be provided by law and (or) the agreement with this person.
2.5. Public data – data (including Personal data) to which the person who owns these data, provided access to the public (including by posting on any Internet website without restricting access to this data) or that according to the Application and (or) current legislation subject to the confidentiality requirement.
2.6. Personal data - any information relating to an identified or identifiable natural person (personal data subject).
2.7. Receiving Party — The party receiving Confidential Information. For the purposes of this Policy, the Receiving Party is BinoMarket, unless explicitly stated otherwise.
2.8. Disclosure - the act or omission of one party, whose Confidential information has become known to third parties in the absence of the consent of the owner of the confidential information. The form of disclosure (oral, written, using technical means, etc.) doesn't matter.
2.9. Disclosing party in relation to the Confidential information disclosed by the Administrator, a Participant; with respect to Confidential information disclosed by the Party Administrator.
2.10. Disclosure of Confidential information, transfer to third parties any information which is Confidential in accordance with the requirements of this Annex, including leakage, plunder, loss, distortion, forgery, destruction, modification, copying, blocking of Confidential information as a result of default or improper performance of the terms of this Application by the Receiving party.
3. General Provisions
3.1. Using any part of the Website and (or) using any of the Services, the Client gives BinoMarket the right to receive, store, process, and use Personal data and other Informational materials of the Client on the terms and conditions of this Application and in accordance with applicable Polish law, including the Personal Data Protection Act and the GDPR.
3.2. This Application does not govern, and BinoMarket shall not be responsible for, the receipt, storage, processing, use, or disclosure of Personal information and other Informational materials of the Client by third-party companies, organizations, or individuals that are not under the possession or control of BinoMarket, even if the Customer has accessed such services via the Website.
3.3. The main purpose of the receipt, storage, processing, and use of Personal, Public, and other Customer data is to protect the interests of the Client, as well as improve the quality of personalized and general services provided by BinoMarket.
3.4. This Policy has no independent nature and is a Supplement to the Rules and does not supersede any provision of the main text of the Rules.
3.5. The provisions of this document and the concept of "Confidential information" shall not apply to information which:
3.5.1. Was, is, or becomes available to the Receiving Party on a non-confidential basis from a person who, according to the information of the Receiving Party, is not bound by any confidentiality agreement with the other Party or otherwise prohibited from disclosing Confidential Information to the Receiving Party, or;
3.5.2. Was in lawful possession of the Receiving Party before disclosure to it by the other Party as Confidential Information, or;
3.5.3. Was independently developed by the Receiving Party without access to the Confidential Information, or;
3.5.4. On which the Disclosing Party fails to take measures to protect its confidentiality, or;
3.5.5. To which the Receiving Party has access in accordance with the requirements of existing legal acts in Poland, or;
3.5.6. Is publicly known as a result of actions and decisions of the Disclosing Party, or;
3.5.7. Was available to the Receiving Party on a non-confidential basis before the date of disclosure by the other Party, or;
3.5.8. Must be disclosed in accordance with Polish law or by presenting legitimate demands of government or other competent authorities.
4. The Collection Of Information
4.1. BinoMarket may collect and process the following Customer information: full name and surname, occupation, address, email address, telephone number, date of birth, bank or payment card details, as well as documents confirming the identity and address of the Client, at our request. This includes information about Transactions that the Client carries out through the System using the Wallet and the fulfillment of Customer Orders.
4.2. To fulfill its legal obligations to combat fraud and money laundering, BinoMarket may obtain Client-specific information from third parties, including information about financial history, bankruptcy decisions, and credit reports from credit bureaus and fraud prevention agencies. This information may be obtained when the Client opens a Wallet or whenever necessary to prevent fraud and minimize financial risks.
4.3. When registering in the System and creating a Wallet, the Client must provide credentials and other mandatory or optional data. After creating and using the Wallet, BinoMarket can identify the Customer each time they use the System and visit the Website.
4.4. BinoMarket reserves the right to load cookies onto the Client's device (if the Client has not restricted this feature in their web browser). It may receive, store, process, and use the information generated by cookies.
4.5. When the Client visits the Website, BinoMarket automatically saves, processes, and uses non-personal data, such as the Client's IP address, data on the Client's location (which can be determined using their IP address), technical parameters of the Client’s device, the presence or absence of specific software on the Client's computer, the settings of this software, cookies, and statistical information about the Client’s activity.
4.6. In addition to visiting the Website, the Client may provide information to BinoMarket when using the System through mobile applications, social media applications, payment terminals, and other channels. BinoMarket may also receive information from other sources to verify the accuracy of information previously provided by the Client.
5. Use Of Information
BinoMarket uses the information concerning its Clients for the following purposes:
To service Clients' Wallets and provide the Services requested by them.
To fulfill Client Orders related to Transfers of Funds, receiving Payments, and performing Transactions using the Services.
To inform Customers about changes in the Services, System, Rules, and software.
To comply with applicable Polish laws and regulations, particularly those concerning anti-money laundering and KYC ("Know Your Customer") procedures.
To verify the financial condition, identity, and creditworthiness of Customers.
To conduct checks to prevent fraud and money laundering.
To provide customer service, including responding to questions, comments, and complaints.
To enhance the security of the Services.
To present the content of the Website (including interactive functions) in the most efficient way for Clients and their devices.
To offer goods and services to Clients that they request or may find interesting.
To assist in the development, provision, and improvement of System Services, as well as the content of the Website and related communications with Customers.
For internal purposes, such as conducting audits, processing analytical data, and assessing the quality of the Services provided.
6. Disclosure Of Information
6.1. BinoMarket agrees not to provide Personal Data to third parties for commercial purposes without the explicit consent of the Client to whom the data pertains.
6.2. Transfer of Personal data to third parties is allowed in the following cases:
after obtaining the consent of the Client to whom the information relates;
at the reasonable request of government bodies entitled to receive such data;
the provision of data to agents and third parties acting under contract with BinoMarket, to fulfill obligations to the Customer (including, but not limited to, acquirers, issuers of payment cards, international card systems, providers, billing or delivery companies, affiliated persons of BinoMarket, etc.) and upon the conditions that:
1. they are informed of the confidential nature of such information;
2. they maintain appropriate security measures to protect confidential information from unauthorized access or use; potential lenders, investors, acquirers, partners, shareholders, auditors of BinoMarket; companies that can offer their products and services to Customers; in the exchange of information with other companies and organizations for fraud protection and reduction of financial risk; if, in the opinion of BinoMarket, the Client violates the terms of this Policy and (or) other agreements between BinoMarket and the Client, and (or) internal rules and policies of BinoMarket, or if, in the opinion of BinoMarket, such provision is necessary in order to investigate, prevent, or take action against illegal activities, suspected fraud, potential threats to the physical safety of any person, violations of conditions, rules, or bilateral agreements, or as required by Polish law or applicable regulations; in other cases, in accordance with the provisions of the Rules and applicable Polish law.
6.3. Unless otherwise agreed in writing with the Client, BinoMarket reserves the right to publicly disclose the fact of its business relationship with the Client.
6.4. BinoMarket reserves the right to disclose confidential information when required by professional or business rules.
6.5. Nothing in this Policy limits either Party’s legal obligation to disclose Confidential Information in compliance with judicial or other legitimate statutory or regulatory obligations. If such disclosure is necessary, BinoMarket will, where possible, notify the other Party in advance.
6.6. All Confidential Information remains the property of the Disclosing Party. No rights or licenses regarding such Confidential Information are granted, except as explicitly provided in this Policy.
6.7. Each Party must, upon written request from the other Party, return or securely destroy all Confidential Information (including any copies, records, drawings, diagrams, computer programs, or other media) unless retention is required by applicable Polish laws. The destruction must be confirmed in writing by an authorized person.
6.8. Clients may request BinoMarket to restrict access to their Personal Data by third parties for marketing purposes, provided such a request complies with applicable Polish laws and regulations. This request should be sent to the address provided in the payment details.
7. Processing Information
7.1. By providing Personal Data during Registration in the System, the Client agrees to its processing using automation tools and without using automation tools, including collection, storage, transfer to third parties, and use by BinoMarket to provide Services to the Client and for other purposes specified in the Rules.
7.2. If the Client does not want their Personal Data to be processed, they must contact BinoMarket for further instructions. In such cases, all information received from the Client will be deleted from BinoMarket's client base, and the Client will no longer be able to use the Services.
8. Access To Information
8.1. In order to exercise the rights of Clients and ensure proper fulfillment of the obligations stipulated by the Rules and agreements of the Parties, BinoMarket may review the Information Materials of the Clients to promptly resolve technical issues, suppress illegal actions that violate the rights of any of the Parties, other Clients, or BinoMarket itself.
8.2. BinoMarket provides limited access to the Personal Data of Clients only to those employees who, in its opinion, genuinely need to use this information to provide Clients with services or to fulfill their official duties.
8.3. The Client has the right to request, change, or delete their Personal Data stored by BinoMarket and (or) on the Website. The Client can independently change or delete their Personal Data using the appropriate functions of the Website and their Wallet.
8.4. The applicable Polish legislation on personal data protection grants the Client the right to access their information. Any request for access may result in a fee to cover the costs of providing the Client with detailed information stored by BinoMarket and (or) third parties.
9. Protection Of Information
9.1. The Parties guarantee the confidentiality of the information received during the execution of the Rules, unless otherwise expressly provided in the Rules or other agreements of the Parties.
9.2. The Client who violates the obligation to maintain confidentiality of information is obligated to compensate for all losses (including lost profits) incurred by third parties and (or) BinoMarket as a result of such actions.
9.3. Confidentiality conditions are contained in these Rules and are accepted by the Client in full upon their acceptance of the Rules.
9.4. The Parties undertake NOT to disclose information about the operating conditions of the System or any other information received during the fulfillment of their obligations under the Rules unless disclosure is required by applicable Polish law.
9.5. The Parties are obligated to inform each other within 1 (one) business day of any disclosure or threat of disclosure made by them or discovered by them, including illegal receipt or unauthorized use of Confidential Information by third parties.
9.6. The Parties do not have the right to unilaterally terminate the protection of the confidentiality of information provided under these Rules, including in the event of reorganization (merger, accession, separation, transformation, or any other form of change in legal status) or liquidation, except as required by Polish law.
9.7. It is not a violation of confidentiality to provide Confidential Information at the lawful request of law enforcement or other authorized state bodies or officials, in cases and in the manner prescribed by Polish law.
9.8. If Confidential Information is disclosed to such authorities or individuals, the Party disclosing the information shall notify the owner of the Confidential Information in writing about the disclosure, its content, and the authority to which the Confidential Information was disclosed, no later than 1 (one) business day after the disclosure.
9.9. As stated in other sections of these Rules, Clients are responsible for maintaining the confidentiality of their Authentication Data. BinoMarket is not
10. Other Provisions
10.1. BinoMarket has the right to save the Client’s Personal Data and other data for as long as necessary to achieve the goals specified in this Appendix, within the time period established by Polish law, or until the Client removes this data.
10.2. The Client is responsible for providing accurate and reliable information and for updating previously provided data in case of any changes.
10.3. The Client authorizes BinoMarket to allow third parties with whom BinoMarket has entered into relevant agreements to receive, save, and process data about the Client (excluding Personal Data and Information Materials). This may include information such as the Client’s IP address, cookies, and statistical information about the Client’s activity. Such data processing is intended to improve the quality of services provided by these third parties and to deliver information of an advertising nature.
10.4. The Client agrees that the confidentiality of data transmitted via the Internet cannot be guaranteed if third parties outside the area of technical communications controlled by BinoMarket gain access to this data. BinoMarket is not responsible for damage caused by such access.
10.5. If, during the use of the Website or the System, the Client becomes aware of information related to BinoMarket or third parties that is deemed confidential or a trade secret under Polish law, the Client is prohibited from storing, using, or distributing such information.
10.6. When clicking on links provided on our Website, the Client may be redirected to third-party websites. BinoMarket is not responsible for the content of these third-party websites or for the personal data they may collect, including their policies on data storage and use. Third-party websites may have their own rules regarding personal information. BinoMarket strongly recommends that Clients familiarize themselves with the privacy policies of these third-party websites to understand how they handle personal data. Once the Client leaves BinoMarket’s Website, this Privacy Policy no longer applies.
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