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PRIVACY POLICY

1. PREAMBLE

Valuing Customers’ trust and understanding the importance of ensuring the confidentiality of Customers’ Personal Data, as well as that of the Informational Materials posted by Customers on the Website, SibarS puts into effect this Policy to define the order for performing operations involving the Parties’ Confidential Information when using the Website and the system’s services.

2. DEFINITIONS OF TERMS

Unless it is otherwise explicitly stated in or follows from the main text of the appropriate resource, the following words and phrases shall be used in the meanings as specified below:

2.1. Cookie is a piece of Data that does not contain any Personal Data, which is created by the Website and stored on the Customer’s computer as one file or multiple files. If the Customer chooses to block a Cookie file, the Customer may experience difficulty or find it impossible to use the Website.

2.2. Informational Materials (Data) are any text, graphic, audio, video, and mixed-type materials of informational nature.

2.3. Confidential Information is any information that is not Public Data, which is considered confidential under the Parties’ agreement or in accordance with the applicable laws.

2.4. Confidentiality is accessibility of information solely to its owner, as well as any parties to which such information can and/or must be provided under law and/or under agreement with this party.

2.5. Public Data is any data (including Personal Data) to which the owner of such data provides access to an unlimited number of parties (including by means of publishing data on any website without restricting access to such data) or to which, in accordance with this Privacy policy and/or the effective laws, confidentiality requirements do not apply.

2.6. Personal Data is any information related, directly or indirectly, to a specific or identifiable individual person (the subject of personal data).

2.7. Receiving Party is the Party receiving Confidential Information.

2.8. Compromise of Confidential Information is one of the Parties’ actions or inaction resulting in the Confidential Information becoming known or available to third parties without the permission of the owner of such confidential information. The format of the information compromise (orally, in writing, via any technical devices, etc.) is immaterial.

2.9. Disclosing Party is a Member, in relation to the Confidential Information disclosed by the SibarS; and, it is the SibarS, in relation to the Confidential Information disclosed by a Member.

2.10. Disclosure of Confidential Information is transfer to any third party of any Confidential Information in compliance with the requirements of this Privacy policy, including leaking, stealing, losing, distorting, corrupting, destroying, modifying, copying, or blocking Confidential Information resulting from failure to comply or improper compliance with the terms of this Privacy policy by the Receiving Party.

2.11. The terms that are not defined in this section shall be used further in the text in the meanings as specified (in the order of priority) in bilateral agreements signed by the Parties and in the current version of the Terms and Conditions approved by the SibarS and all Privacy policies thereto.

3. GENERAL PROVISIONS

3.1. By using any part of the Website and/or the Services, the Customer gives the SibarS the right to receive, store, process, and use the Customer’s Personal Data and other Informational Materials in compliance with the terms of this Privacy policy.

3.2. This Privacy policy does not apply to, nor is the SibarS responsible for, any methods of receiving, storing, processing, using, and disclosing the Customer’s Personal Data and other Informational Materials by external companies and organizations that are not owned or managed by the SibarS and by individuals that are not the SibarS’s employees, even though the Customer may obtain access to such parties’ and persons’ websites, software and/or search engines via the Website.

3.3. The main purpose of receiving, storing, processing, and using the Customer’s Personal Data, Public Data, and other data is to protect the Customer’s interests, as well as to improve the quality of the personalized and general services provided by the SibarS to the Customer.

3.4. This Policy is not an independent document and serves only as an addition to the Terms and Conditions; it does not supersede or nullify any of the provisions included in the main text of the Terms and Conditions, in particular, Sections 10-14 of the Terms and Conditions related to the subject of this Policy.

3.5. The provisions contained in this document and the term ‘Confidential Information’ shall not apply to the information that:

3.5.1. was, is or is made available to the Receiving Party on the non-confidential basis from a party that, to the Receiving Party’s knowledge, is not bound by any confidentiality agreement with the other Party or by any other restriction related to disclosing confidential information to the Receiving Party, or

3.5.2. was in lawful possession of the Receiving Party prior to the other Party’s disclosing it as Confidential Information, or

3.5.3. is developed by or for the Receiving Party;

3.5.4. is not in any way protected by the Disclosing Party to ensure confidentiality;

3.5.5. is made available due to the requirements of the effective laws and regulations;

3.5.6. is publicly available and known due to the Disclosing Party’s actions and decisions;

3.5.7. was available to the Receiving Party on the non-confidential basis prior to the other Party’s disclosing such information, or

3.5.8. has to be disclosed in accordance with the effective laws or under orders issued by the governmental agencies or any other competent authorities.

4. COLLECTION OF INFORMATION

4.1. The SibarS can gather and process the following information about the Customer:

Customer’s full first name and last name, occupation, address, email address, phone number, date of birth, bank or payment card details, as well as the documents confirming the Customer’s identity and residence address, to be provided on our request;

information related to the Transactions performed by the Customer through the System with the use of the Website and to the execution of the Customer’s Orders;

4.2. For the purpose of fulfilling mandatory legal obligations related to anti-fraud and anti-money laundering requirements, the SibarS will receive information related to the Customer from third parties, including information about the Customer’s financial history, any decisions of local district courts, bankruptcy, information provided by credit bureaus and anti-fraud agencies, when the Customer opens a Wallet or at any other time when the SibarS may deem it necessary to prevent fraud and minimize financial risks.

4.3. During the Customer’s Registration in the System and when the Customer is creating a Wallet, the Customer has to provide their Authorization Data, as well as other details (mandatory or optional). After the Customer has created and used their Wallet, the SibarS is able to identify the Customer every time this Customer uses the System and visits the Website.

4.4. The SibarS may install cookies to Customers’ computers (unless the Customer purposely restricts this option in their browser), as well as receive, store, process, and use the information created through cookies.

4.5. When the Customer visits the Website, the SibarS automatically stores, processes, and uses the Customer’s data that is not their Personal Data, for example: Customer’s IP address, Customer’s location identifiable with their IP address, Customer’s computer’s technical parameters, presence or absence of specific software on the Customer’s computer, such software’s settings, cookies, as well as statistics on the Customer’s activities.

4.6. Besides visiting the Website, the Customer also provides information to the SibarS when using the System (if possible) via applications for mobile devices, social media applications, payment terminals, etc., contacting and submitting requests by phone, mail, email, or via other means of communication; the SibarS also receives information about the Customer from other sources when verifying the information previously provided by the Customer.

5. USE OF INFORMATION

The SibarS shall use the available information related to Customers for the following purposes:

rendering services related to Customers’ Wallets and providing services requested by Customers;

executing Customers’ Orders related to Money Transfers and receiving Payments, as well as making Transactions using the Services;

notifying Customers of changes in the Services, the System, the Terms and Conditions, the Software, etc.;

fulfilling the requirements of the applicable laws and regulations, in particular, those related to anti-money laundering laws and KYC (Know Your Customer) procedures;

verifying the Customer’s financial status, identity, and sol;

carrying out verification procedures to prevent fraud and money laundering;

providing services to Customers, including responding to Customers’ questions, requests, comments, and Complaints;

increasing the security of the Services;

providing the Website’s content (including its interactive features) in a way that is most efficient for Customers and their computers;

providing to Customers products and services requested, or products and services that the SibarS believes may interest Customers;

providing assistance in the development, provision, and improvement of the System’s Services, as well as providing the Website’s content and informing Customers;

carrying out the SibarS’s internal procedures and processes, such as audits, analytical data processing, quality assessment as to the Services provided, etc.

6. DISCLOSURE OF INFORMATION

6.1. The SibarS shall not provide any Personal Data to any third parties for commercial purposes without the permission of the Customer to whom this information is related.

6.2. Personal Data can be disclosed to such third parties in the following circumstances:

disclosing information upon receiving the permission of the Customer to whom this information is related;

disclosing information on substantiated requests from the government agencies with the authority to obtain such information;

disclosing information to agents and third parties acting under an agreement with the SibarS to fulfill obligations to the Customer (including, but not limited to, acquirers, payment card issuing banks, international card systems, telecommunication service providers, billing companies and delivery companies, the SibarS’s affiliated parties, etc.) and on the following conditions: 1) they are aware of the confidential nature of such information; 2) they take adequate measures to protect confidential information from unauthorized access and use;

disclosing information to the SibarS’s potential creditors, investors, acquirers, Partners, shareholders, and auditors;

disclosing information to companies that may offer their products and services to Customers;

disclosing information in the course of information exchange with other companies and organizations for the purposes of anti-fraud protection and financial risk minimization;

disclosing information when the SibarS believes that the Customer violates the terms of this Privacy policy and/or other agreements and contracts between the SibarS and the Customer, and/or the SibarS’s internal regulations and rules; or, when the SibarS deems such information disclosure necessary to investigate, prevent, or take measures against unlawful activities, suspected fraudulent activities, potential threats to any person’s physical security, violations of the Terms and Conditions or any bilateral agreements, or if it is required by law;

disclosing information in other circumstances in accordance with the provisions of these Terms and Conditions and the applicable laws.

6.3. Unless otherwise agreed upon in writing with a specific Customer, the SibarS can publicly disclose the fact of the existence of the SibarS’s business relationship with this Customer.

6.4. The SibarS reserves the right to disclose confidential information when it is required by the business conduct practices.

6.5 No provision contained in this Privacy policy shall restrict either Party’s right to disclose any Confidential Information in accordance with any court order or decision, any other legitimate obligation or requirement under the effective laws and regulations if such information disclosure is mandatory and on the condition that, if possible, the other Party is notified of such information disclosure in advance.

6.6. All Confidential Information shall remain the property of the Party disclosing such information; no rights or licenses are granted with regard to such Confidential Information, unless otherwise specifically stipulated in this Privacy policy.

6.7. Either Party shall return to the other Party and/or securely destroy all Confidential Information (including any part of it that may be undergoing processing, analysis, or translation, including also all copies, written notes, drawings, charts, computer programs in any and all formats, on any type of a data storage device) on the other Party’s written request, unless such documents have to be stored under the effective laws and regulations, and, if required, shall confirm in writing, with the authorized person’s signature, that such Confidential Information was duly returned or securely destroyed.

6.8. The Customer has the right to request that the SibarS restrict third parties’ access to the Customer’s Personal Data for marketing purposes, provided that it does not contradict the applicable laws and the Terms and Conditions, by sending a relevant written request to the SibarS using the SibarS’s Contact Details.

7. PROCESSING OF INFORMATION

7.1. By providing their Personal Data during the Registration in the System, the Customer agrees to data processing, with or without the use of automation technology and/or devices, in particular, information gathering, storage, transfer to third parties, and use by the SibarS for the purpose of providing the Services to the Customer and for other purposes specified in the Terms and Conditions.

7.2. If the Customer does not wish for their Personal Data to be processed, the Customer should contact the SibarS using the SibarS’s Contact Details or the feedback form on the Website. In this case, all the information received from the Customer will be deleted from the SibarS’s client database, and the Customer will not be able to use the Services.

8. ACCESS TO INFORMATION

8.1. For the purpose of exercising Customers’ rights and the SibarS’s proper fulfillment of its obligations under the Terms and Conditions and the agreements signed by the Parties, the SibarS may review Customers’ Informational Materials (for the purpose of timely resolution of technical problems and prevention of unlawful activities that violate the rights of either Party, other Customers, etc.).

8.2. The SibarS provides limited access to Customers’ information only to the employees that, in the SibarS’s opinion, need to use such information to provide services to the Customers or perform their professional duties.

8.3. The Customer has the right to request, edit, or delete their Personal Data stored by the SibarS and/or on the Website. The Customer may independently edit, change, or delete their Personal Data using the relevant features of the Website and their Wallet.

8.4. The applicable laws on personal data protection give the Customer the right of access to any information related to the Customer. Any request for access to information may result in charges to cover any and all expenses involved in providing the Customer with detailed information stored by the SibarS and/or third parties.

9. SENDING MESSAGES TO PUBLICLY ACCESSIBLE PAGES

9.1. A publicly accessible page is any page of the Website to which unlimited access is open to any party and which can be indexed by search engine systems.

9.2. The SibarS allows the Customers to send messages and exchange Data on publicly accessible pages.

9.3. The Customer should exercise caution and common sense when disclosing their information that allows identifying the Customer on publicly accessible pages. It is important to remember that this information may remain on publicly accessible pages of the Website for an indefinite period of time. Besides, depending on a specific Service, other Customers may also view such information.

9.4. The Customer is solely responsible for any information that the Customer discloses and distributes on publicly accessible pages.

9.5. If the Customer has any concerns regarding information that allows identifying the Customer which the Customer provided on any publicly accessible page, the Customer cannot delete or edit such information; in such cases, the Customer should contact the Customer Support Service.

10. PROTECTION OF INFORMATION

10.1. The Parties acknowledge and confirm that they shall ensure confidentiality of any and all information received in the course of fulfilling obligations under the Terms and Conditions, with the exception of the cases explicitly provided for in the Terms and Conditions and the Parties’ other agreements.

10.2. The Customer violating the obligations pertaining to information confidentiality shall cover all expenses and losses (including loss of profits) incurred by any third parties and/or the SibarS as a result of such actions of the part of this Customer.

10.4. The confidentiality terms are included in these Terms and Conditions and accepted by the Customer when the Customer confirms accepting the Terms and Conditions.

10.5. The Parties shall NOT disclose information pertaining to the System’s operating conditions, as well as other information received by the Parties in the course of fulfilling the obligations under the Terms and Conditions, with the exception of the cases when either Party is obligated to disclose such information in accordance with the applicable laws.

10.6. The Parties shall notify each other within 1 (one) business day of the occurrence or knowledge that they may have about any disclosure or threat of disclosure, unlawful obtainment or unlawful use of the Confidential Information by any third parties.

10.7. The Parties shall not unilaterally suspend or terminate measures aimed at protecting confidential information as specified in these Terms and Conditions, including in cases of their reorganization (merger, acquisition, division, separation, transformation, or any other type of the legal status change) or (when stipulated by the law) liquidation.

10.9. Disclosing Confidential Information on legally valid requests from law enforcement agencies or other competent government authorities and/or officials in accordance with procedures specified by the applicable laws shall not constitute a violation of the Parties’ confidentiality obligations.

10.10. In the event of disclosing Confidential Information to the authorities and/or parties stated above, the Party disclosing Confidential Information shall notify the owner of such Confidential Information in writing of the fact of information disclosure, as well as of the content of such information and the name of the agency or authority to which such Confidential Information was disclosed within 1 (one) business day after disclosing Confidential Information.

10.11. As stipulated in other sections of these Terms and Conditions, Customers are responsible for ensuring confidentiality of their Authentication Data. The SibarS is not responsible for transactions made as a result of improper storage or loss of information on the part of the Customer.

11. MISCELLANEOUS PROVISIONS

11.1. The SibarS has the right to store the Customer’s Personal Data and other data for as long as it is necessary to achieve the objective specified in this Privacy policy, or for a period of time required by the applicable laws, or until the Customer chooses to delete such data.

11.2. The Customer is responsible for providing accurate and true information, as well as for updating their information provided previously in the event of any changes in the information.

11.3. The Customer allows the SibarS to give permission to other parties with which the SibarS signs relevant agreements to receive, store, and process information about the Customer (except the Customer’s Personal Data and Informational Materials), such as the Customer’s IP address, cookies, and statistics on the Customer’s activities, for the purpose of improving the quality of the services provided by such parties and providing promotional information.

11.4. The Customer agrees that the confidentiality of any information transferred via the Internet is not guaranteed; if any third party gains access to such information outside the technical communication means area managed by the SibarS, the latter shall bear no responsibility for any possible damages caused by such access to information.

11.5. If, in the course of using the Website and/or the System, any information becomes available to the Customer regarding the SibarS and/or any third parties, which, in accordance with the applicable laws, constitutes confidential information and/or trade secrets, the Customer shall not store, use, or distribute such information.

Contacts

Head office: SibarS Inc, Av.Barcelona 218B, 2-2, Terrassa, 08222, Barcelona, Spain  For general inquiries: +34 6 222 622 12 
Russian branch: SibarS Inc, Zemlyanoy val 7, office 215, 105064, Moscow, Russia For general inquiries: +7 499 502 34 08