Bprotocol Foundation

“Bancor” Website Terms of Use

These Terms of Use (“Terms”) govern the use of the Bprotocol Foundation website and any other website or online service that links to these Terms (collectively, the “Website”). These terms constitute an agreement between you and the Foundation, so it is important that you review them carefully.

Bprotocol Foundation (the “Foundation”, or “Bancor”), is a Swiss foundation, with legal seat in Zug, Switzerland, registered in the Swiss commercial register under UID CHE-181.679.849, and the terms “we,” “us,” and “our” refer to the Foundation.

Website and its Content

Subject to your agreement and compliance with these Terms, you are hereby granted with a personal, revocable, non-transferable and non-exclusive right to enter the Website and view its content solely for your own, private informational purposes and for no other purpose whatsoever.

The use of the Website and its content is your responsibility, at your own risk. We are not liable nor accountable for any outcome of your use of this Website and content, including any action or decision you may make in reliance of your use of the Website.

By accessing or using the Website, you represent and warrant that:

1. You will not use the Website if the laws applicable to you due to your country of residency and/or citizenship prohibit you from doing so in accordance with these Terms.

2. You have full right and authority to use the Website and its content and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Website.

3. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons, as may be applicable.

Prohibited Use

When using the Website, you may not, nor may you assist other parties to pursuit or engage in unlawful or abusive uses, or any types of activities which contradict the purpose of the Website or its content, hinder the Website’s operation or content to other users, or which may be deemed to do so (“Restricted Uses”). For Clarity and reference, Restricted Uses include, but are not limited to, these types of activities as detailed herein, as we may amend from time to time at our sole discretion (thus, not to be regarded as an exhaustive list):

a. violate these Terms or any applicable law, rule or regulation; or

b. publish, distribute or disseminate any unlawful material or information;

c. take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;

d. institute, assist or become involved in any type of attack (deliberate or other), including distribution of a virus, attacks upon the Content, the Bancor Protocol™ or the Bancor Network™, that prevent access to or use of any of the above, other attempts to disrupt any of the above, gain unauthorized access to any of the above, or disrupt any other person’s use or enjoyment of any of the above;

e. enter or make an attempt to enter the Site and Content (including by accessing linked or referenced platforms, networks or systems) unauthorized, including by password mining and/or by using other users information;

f. use any unauthorized third-party software that accesses, intercepts, ‘mines’, or otherwise collects information from or through the Website, or that is in transit from or to the Website;

g. copy, modify, or create derivative works of the Website;

h. interfere with other users ability to exploit or access the Website or any of its content;

i. attempt to, or harass, abuse, or harm of another person or entity, including Bancor employees and service providers;

g. collect, harvest or post anyone’s private information, in any media format;

k. violate the legal rights of others, including defaming, abuse, stalking or threatening users;

l. defraud any other Users or any other person, including Bancor employees and service providers, including by providing false, inaccurate, misleading, or partial information.

m. infringe the intellectual property rights, privacy rights, or moral rights of any third party or Bancor

Violation of any of Restricted Uses may be cause for the taking of legal actions on the part of Bancor according to the law, in addition to any rights and remedies set forth hereunder or under any applicable law, including restricting access to the Website.

Without derogating from the above, by accepting these Terms, you acknowledge that the Foundation makes no representation or warranty regarding its ability, nor assumes any liability, to detect, limit or prevent any Restricted Use.

Ownership, Copyrights

The Website and all of the content that appears in the Website, including without limitation, the use of the Website’s name, software, web technologies, source code, concepts, artwork, photos, animations, sounds, methods of operation, moral rights, documentation, and virtual items, is the exclusive property of the Foundation, or is being used with permission from its licensors. The Foundation (or its licensors as applicable) retain all rights, title and interest in and to the Website and all of the content that appears in the Website, and all intellectual property rights relating thereto, including without limitation all copyright, patent, trademarks, logos, design rights and any other proprietary rights connected with the Website.

Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to the Website and/or to any content that appears in the Website. The Foundation’s name and logo, and any other trademarks included in and/or appear on the Website, are trademarks of the Foundation.

All third party product names that may legitimately appear in the Website are trademarks of their respective owners. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms or by anything on the Website, and all rights in such names, marks or logos is reserved to the Foundation or their respective owners, as applicable.

You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our platform or one of our social media accounts, regarding Bancor or the Website (collectively, “Feedback”) that are provided by you, whether by email, posting to the Website or otherwise, are non-confidential and will become the sole property of the Foundation. The Foundation will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Warranty Disclaimer

THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU ‘AS IS’ AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EACH OF THE FOUNDATION AND/OR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF ITS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, JOINT-VENTURES, LICENSEES OR LICENSORS (COLLECTIVELY, “BANCOR PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE WEBSITE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS AND/OR TIMELINESS. EACH OF THE FOUNDATION AND/OR BANCOR PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, OF ITS CONTENT OF ANY SITES LINKED TO THE WEBSITE, OF ANY THIRD PARTY MATERIALS OR THE SOFTWARE UNDERLYING THE BANCOR PROTOCOL (THE SOFTWARE). WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION OR THE BANCOR PARTIES REPRESENT OR WARRANT THAT THE WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. ADDITIONALLY, IN NO EVENT SHALL THE FOUNDATION AND/OR BANCOR PARTIES BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THIRD PARTY MATERIALS, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS CONTAINED HEREIN SHALL APPLY TO ANY AND ALL DAMAGES OR INJURIES WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE WEBSITE, UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE FOUNDATION AND/OR ANY OF BANCOR PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING FOR LOSS OF PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR DATA DESTRUCTION OR IMPAIRMENT) SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF OR INABILITY TO USE THE WEBSITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE FOUNDATION NOR ANY BANCOR PARTIES ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FOUNDATION AND/OR BANCOR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK REGARDING THE FOREGOING RESTS ENTIRELY WITH YOU.

Limitation of liability

WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL THE FOUNDATION, AND/OR ANY OF BANCOR PARTIES, BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND/OR THE BANCOR NETWORK / SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE) EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOUNDATION’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY THE CORRESPONDING APPLICABLE LAW.

Dispute Resolution and Governing Law

These Terms are governed by and construed in accordance with the laws of the Swiss Confederation. You hereby consent that any claim, cause of action or dispute arising out of or relating to these Terms, the Content or the Site shall be submitted to the exclusive jurisdiction of the Cantonal Court of Zug, Switzerland, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.

Miscellaneous

The controlling language for these terms of use is English; the meaning of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation is provided for your convenience and may not be deemed to represent accurately the information in the original English.
If any provision of these Terms is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms and will not cause their invalidity or unenforceability.
These terms of use may be amended from time to time. It is your responsibility to check these terms of use periodically for changes. Your continued use of the Content following the posting of changes will mean that you accept and agree to the changes. If you do not agree with any such modification, you should not use the Content.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Bprotocol Foundation Data Policy

Bprotocol Foundation Website Data Policy

Last Update: July 2019

About Us

Bprotocol Foundation, is a Swiss foundation, with legal seat in Zug, Switzerland, registered in the Swiss commercial register under UID CHE-181.679.849 (“Bancor”, “We”, “Us” or “Our”). Bprotocol Foundation, is a Swiss foundation, with legal seat in Zug, Switzerland, registered in the Swiss commercial register under UID CHE-181.679.849 (“Bancor”, “We”, “Us” or “Our”).

This policy has been created to inform about how we manage, collect, store and use information we may receive and may collect in connection with the Bprotocol Foundation Website (the “Policy”).

Any capitalized but undefined term in this Policy shall have the meaning given to it in our terms of use.

Our Policy explains:

  • What information we may collect and why we may collect it.
  • How we may use that information.
  • The choices we offer, including how to access and update information.

Information We may Collect or Receive

When you use our Website or interact with us through our Website, we may collect or receive the following of information (as may be applicable from time to time):

– Information you provide directly to us. We may collect information from you such as your name and email address, such as when you subscribe for more information on the Website.

– Information we collect automatically. We may collect certain information automatically when you use our Website, such as your Internet protocol (IP) address, mobile device identifier, browser type, operating system, Internet service provider, pages that you visit before and after using the Website, the date and time of your visit, information about the links you click and pages you view within the Website, and other standard server log information.

– We may use cookies, pixel tags, local shared objects, and similar technologies to automatically collect this information. By using the Website, you consent to our use of cookies and similar technologies. More information on our use of cookies can be found in our Cookies Policy.

Use of Information

Information collected by our Website will help inform the design and implementation of Website. We may also use information you provide us to evaluate, operate and improve the functionality of the Website, develop new features, and conduct audits and troubleshooting activities.

Also, We may use Information to improve your experience on the Website by providing personalized content, recommendations, and features or to customize the content and measure performance of any email, push notification, or in-app message we may send to you.

We may deliver targeted marketing on and off Bancor’s Services and measure the success of those campaigns. At any time you may opt out of the mailing lists, by sending Bancor a written notice to: [email protected] If you raise such an objection, we will no longer process your personal information for such purposes.

We may combine information we collect about you with information from other sources and use it to serve more relevant advertising.

We may process this information in light of our legitimate interest to personalize your experience and customize our content.

We may use your information for other purposes, provided we disclose the purposes and use to you at the relevant time, and provided that you consent to the proposed use of your personal information.

Sharing Information with Others

We may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Website, and for the purposes described in this policy. These third parties may be located in countries other than your own, and we may send them information we receive. These third parties may have access to your personal information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Policy. In such cases, these third parties must abide by our data privacy and security requirements and are not allowed to use personal information they receive from us for any other purpose. We may also disclose personal information as part of a corporate transaction such as a merger or sale of assets. When we transfer personal information, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections travel with your data. We will transfer personal information within assuring appropriate and suitable safeguards.

In addition, Bancor may share your Information with others, without your explicit consent, for the following purposes and to the extent necessary in Bancor’s good-faith discretion:

1. When it is necessary to facilitate the functionality of the Website and to provide you with access to the Website, or to protect our customers;

2. If Bancor reasonably believes that you have breached the Terms of Use, or abused your rights to use the Website, or performed any act or omission that Bancor reasonably believes to be violating any applicable law, rules, or regulations. Bancor may share your information in these cases, with law enforcement agencies and other competent authorities and with any third party as may be required to handle any result of your wrongdoing;

3. If disclosure is necessary in order to comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies.

4. In any case of dispute, or legal proceeding of any kind between you and Bancor, or between you and other users with respect to, or in relation with the Website

5. In any case where Bancor reasonably believes that sharing information is necessary to prevent imminent harm, physical damage or damage to property;

6. If Bancor organizes the operation of the Website within a different framework, or through another legal structure or entity, or if Bancor and/or any of its business is acquired by, or merged into or with another entity, or if Bancor enters bankruptcy, provided, however, that those entities agree to be bound by the provisions of this policy, with respective changes taken into consideration;

7. To help our partners target the audience they want to reach and to provide you with potentially interesting offers;

8. Bancor may also share personal information with companies or organizations connected, or affiliated with Bancor, such as subsidiaries, sister-companies and parent companies, and other partners, with the express provision that their use of such information must comply with this policy.

If you access third-party services, such as Facebook, Google, or Twitter, through the Website to share information about your experience on the Website with others, these services are outside our control. These third-party services may be able to collect information about you, including information about your activity on the Website, and they may notify your connections on the third-party services about your use of the Website, in accordance with their own privacy policies.

Your Rights and Data Retention

When we rely on your consent for the processing of your personal information (as may be applicable from time to time), You can request the deletion of the personal information Bancor has collected or withdraw your consent to the processing of such information, and disable its future collection by contacting at: [email protected]

From that point, we shall not have the right to process your personal information, and you’ll not be allowed to use our Website’s features that may require use of such personal information. Note, however, that you may withdraw consent at any time, without affecting the lawfulness of data processing we carried out based on your consent before such withdrawal.

If you are located within the European Union (the “EU”) or within the European Economic Area (the “EEA”), you are afforded specific rights regarding your personal information. Subject to eligibility, users in the EU or in the EEA have the following rights:

– Right to Access: you may request to confirm whether or not we are processing your personal information. If we are, you can request a copy of your personal information, which we provide free of charge in the initial instance;

– Right to Data Portability: the copy of your personal information we provide to you will be in a structured, commonly used and machine-readable format. You shall be entitled to transmit this personal information to another entity;

– Right to Erasure: you may request the erasure of your personal information. We cannot restore information that we have deleted;

– Right to Object: you may object, on grounds relating to your particular situation, at any time to processing of your personal information. If you are eligible to exercise this right, we will ensure that your personal information will no longer be processed for such purposes by us, unless we are required to do so by law or there are overriding compelling legitimate grounds for the continuation of the processing;

– Right to Rectification: you may ask us to change or update your personal information, especially if it is inaccurate;

– Right to Restriction of Processing: you may request us to restrict the processing of your personal information in certain circumstances, such as if it is inaccurate or unlawfully held;

– Right to Withdraw Consent: where you have consented to the processing of your personal information by us, you may withdraw your consent at any time by emailing us at [email protected]

Note that the withdrawal of your consent does not affect the lawfulness of any processing of your information by us before the withdrawal of your consent.
Bancor does not retain information longer than required to provide the website’s features and for reasonable business needs, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary for different data types in the context of different products, actual retention periods can vary significantly. The criteria used to determine the retention periods include:

– How long is the personal information needed to provide the website’s features and operate our business? This includes such things as maintaining and improving the performance of our website, keeping our systems secure, and maintaining appropriate business and financial records. This is the general rule that establishes the baseline for most data retention periods.

– Do customers provide, create, or maintain the data with the expectation we will retain it until they affirmatively remove it? In such cases, we maintain the data until you actively delete it.

– Is the personal information of a special category under the General Data Protection Regulation (EU) 2016/679 (the “GDPR”)? If so, a shortened retention time would generally be appropriate.

– Has Bancor adopted and announced a specific retention period for a certain data type?

– Has the user provided consent for a longer retention period? If so, we will retain data in accordance with your consent.

– Is Bancor subject to a legal, contractual, or similar obligation to retain the data? Examples can include mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation.

Bancor may at all times review, retain and disclose any other information as Bancor deems necessary to satisfy any applicable law, regulation, legal process or governmental request and Bancor’s needs and necessities. By doing so Bancor does not either expressly or impliedly endorse, affirm or in any manner assume any responsibility for such communications.

 Contact Information

The data controller responsible for your information is Bprotocol Foundation, which you can contact us at:

Bprotocol Foundation

Dammstrasse 16 – 6300

Zug

SWITZERLAND

The authority supervising our processing activity is the Swiss Federal Data Protection and Information Commissioner (FDPIC), Data Protection Officer of Canton Zug , and you have the right to file a complaint to it or any other relevant supervisory authority.

Cookies Policy

Our Policy explains our principles when it comes to the collection, processing, and storage of your information. This Policy specifically explains how we, our partners, and users of our services deploy cookies, as well as the options you have to control them.

What are cookies?

A cookie is a small piece of data, stored in text files, that are stored on your browser or other device when websites are loaded in the browser. Cookies are used to “remember” you and your preferences when you visit the Website either for a single visit (through a “session cookie”) or for multiple repeat visits (called a “persistent cookie”).

We use cookies to ensure consistent and efficient experiences for participants in the Website. Cookies also perform functions like allowing participants to remain logged into the Website, if applicable. You can find more information about the types of cookies we use and the purposes for which we use them in the table below:

Type of Cookie

Purpose of Cookie

Strictly Necessary These cookies are essential in order to enable you to use the Website and its features. The information collected by these cookies relate to the operation of the Website, for example website scripting language and security tokens to maintain secure areas of our Website.
Performance These cookies collect anonymous information about how you use our Website, for example which pages you visit most often, whether you receive any error messages, and how you arrived at our Site. Information collected by these cookies is used only to improve your use of Website and never to identify you. These cookies are sometimes placed by third-party providers of web traffic analysis services, such as Google Analytics.
Analytics These cookies are placed by trusted third party networks, like Google Analytics, to track details like number of unique visitors and pageviews to improve user experience.
Functionality These cookies remember choices you make, for example the country you visit our Site from, your language and any changes you have made to text size or other parts of web pages that you can customize, in order to improve your experience of our Website and to make your visits more tailored and enjoyable. The information these cookies collect may be anonymized and cannot be used to track your browsing activity on other websites.
Third Party / Embedded Content These cookies enhance the experience of Website users. These cookies allow you to share what you’ve been doing on our Site with social media organizations such as Facebook and Twitter. We have no control over the information collected by these cookies.

Which Cookies are Used and Why?

The Bprotocol Foundation Website uses strictly necessary, performance, analytics, functionality, and embedded content cookies for the purposes of: providing relevant content, analyzing our traffic, and providing a variety of features to you.

How to disable cookies?

Most internet browsers are automatically set up to accept cookies. However, if you want to refuse or delete any cookies (or similar technologies), please refer to the help and support area on your internet browser for instructions on how to block or delete cookies. Please note you may not be able to take advantage of all the features of our Website, including certain personalised features, if you delete or disable cookies.

Web Beacons

We, or our third party partners, may employ a software technology called web beacons (also known as web bugs, clear gifs or pixels) which helps us understand what content is effective, for example by counting the number of users who have visited these pages, and to understand usage patterns. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to let us know when content is viewed. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded on web pages, ads, and e-mail. We, or our third party partners, may tie the information gathered by web beacons to the other information we collect about you.