GENERAL CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND APPLICATION

1.- LEGAL NOTICE

BITSA is a simplified public limited company (SAS) registered with Greffe du Tribunal de Commerce de NICE under number 885097345, with a capital of 350,000 euros, VAT number FR79885097345 and whose registered office is at 37-41 Boulevard Dubouchage, 06000 NIZA, FRANCE.

Trade Name: BITSA®

N.I.F .: FR79885097345

Phone: +33.422.530.991

Email: info@bitsacard.com

Through this document, we put at your disposal the Conditions of Access and Use of both our website and our app, with which you can access our platform, the BITSA® Platform.

The use of the services offered through the BITSA Platform is governed by these Conditions of Access and Use, the Conditions of Issuance of the Card and Use of the Payment Services, our Privacy Policy and Cookies Policy.

Keep in mind that mere access gives you the status of user, accepting these Conditions of Access and Use.

We recommend you read the texts cited carefully before performing any type of action.

2.- PURPOSE

The purpose of this contract is the provision of the services we offer through the BITSA Platform, which is accessed through the website https://www.bitsacard.com  (hereinafter the website) or the mobile application BITSA (hereinafter the app)

If you access the BITSA Platform and want to hire the services for the first time you must create a user account, we will request you the following:

• Email.
• Region.
• Mobile pone.
• Password.
• Acceptance of the General Conditions and Privacy Policy.

For security reason, we will send you, via SMS, a code to the telephone number you have indicated, and we will ask you to enter it to complete the creation of your user account.

And finally, to reinforce account security, we will ask you to generate an access code for the application.

Once your account is created, by accessing it you can request any of the services that we will expose below.

If on the contrary, you are already a customer, you will only have to access your user account by identifying yourself with your username (email) and password, where you can see your products and perform operations.

 

SERVICES:

2.1. BITSA® Card.

Through our platform you can, if you wish, request your BITSA card, accessing your user account and starting the application process.

Application and payment:

Step 1: Card activation.

We will request you the following data:

• First Name
• Last name
• Date of birth
• Nationality
• Type of document of identy
• Document number
• Document Expiration Date

Step 2: Fiscal residence  

You must indicate the following data:

• Domicile
• Town
• Province
• Country
• Region
• Phone

Step 3: Shipping Address

Tell us where you want us to send you your BITSA card

• Domicile 
• Postal Code
• Town
• Province
• Country

Step 4: Payment details

• Choose a payment method, and
• Shipping Speed. The shipment within 24/48h is subject to shipping costs that you must assume.

We will indicate in the summary table the total amount you must pay and you must accept the validation boxes if you want to complete the purchase.

Identity verification:

Once you have chosen the means of payment and processed this through the different channels that we put at your disposal, we will contact you via email to start the identity verification process as a BITSA® card applicant and future holder.

This verification will be done through the BITSA® application, so if you have started the process through the web (if enabled, currently the web is only informative) we will ask you to download and install it on your mobile.

The BISTA® application is free and available in the App Store and Google Play.

Once downloaded and installed the application, as well as in the case that you have started the process using it, we will ask you to access it and start the verification process through the verification section, entering the code that we will have previously provided.

You must send us a picture of your ID, and keep in mind that, we can ask you for a selfie type photo holding your ID in your hand. Both photographs must be taken through the application.

The verification process is carried out as a due diligence measure derived from the regulations in force regarding the Prevention of Money Laundering and Financing of Terrorism, which obliges us to identify all our clients, as well as to keep updated information on them.

Sending of the BITSA Card and virtual BITSA Card.

Successfully completed the verification process, we will send your BITSA Card to the address you have indicated.

Meanwhile, you can request and enjoy your virtual BITSA Card, following the steps indicated above, with the cost of issuance € 0.00.

The BITSA Card will be linked to your customer data.

Pin:

We will communicate the pin of your card through the App.

IMPORTANT NOTICE:  as a card applicant, you are responsible for the accuracy of the data you provide and the documents you send us. In case of doubts, we will terminate the verification process without success and we will not send you the requested BITSA® Card, without the right to refund of the price paid, due to the management costs generate.  

Link card:

If you already have a BITSA card, you can associate it with your user account, following the instructions and performing the verification process described.

2.1.bis. BITSA® YOUNG card.
If you are a minor, aged between 14 and 17, you can request the BITSA® YOUNG card, both physical and virtual, whose issuance and shipment is subject to the authorization of your mother, father or legal guardian.
As explained above, to access our services you must create a user account. Once the account is created, by accessing it, you can start the application process for the BITSA® YOUNG card.
Request
Personal information:
We will request the following information:
-                    Name.
-                    Surnames.
-                    Birthdate.
-                    Nationality.
-                    Type of document of identy.
-                    Document number.
- Expiration date of the document.
When you enter your date of birth, a message will appear indicating that it will be necessary for your parents or, where appropriate, your legal guardian to authorize your account. Therefore, we will ask you to provide us with your email to start the authorization process.
Authorization:
Your mother, father, or legal guardian will receive an email indicating that you need their authorization. If you have a BITSA® account, you only need to access it and approve your request. If you don't have a BITSA® account, you just have to follow a few simple steps:
1. Download the app.
2. Register your personal data.
3. Create an account.
4. Verify your identity.
Once the father, mother or guardian has verified their identity, they will be able to accept the request of their child or guardian.
While the authorization process is taking place, you can continue with the application process.
You must indicate your address:
-                    Home
-                    Population
-                    Province
-                    Country
- Region
And, choose a payment method, as well as the shipping speed, in case of request for a physical card.
- Shipping in 24 / 48h, is subject to shipping costs that you must assume.
Identity verification:
Once you have chosen the payment method and processed it through the different channels that we make available to you, you must verify your identity in accordance with the process described in Section 2.1.
Sending the BITSA® YOUNG Card:
Once the verification process has been successfully completed and the request is authorized by your mother, father or legal guardian, we will send you the BITSA® Card to the address you have indicated to us.
Pin:
We will communicate the pin of your card through the App.

2.2. BITSA® Card Top-up

We put at your disposal different methods to top-up your BITSA® card. So you can choose among:

1.      Card

2.    Blockchain Tokens

3.    Transfer 

4.    Voucher

2.2.1. Visa® or MasterCard® debit/credit card.

You can top-up your BITSA Card through a debit or credit card. We will ask you to indicate the amount you wish to top up and the following data:

• Mail
• Cardholder
• Card number
• Expiration (month/year)
• CVV/CVC

Click on Pay to finalize the transaction .

The acquirer of the requested amount is the issuer of the card and provider of the payment services, which will top up the indicated card with an amount of electronic money equal to that charged through your debit/credit card.

2.2.2. Blockchain Tokens

You can top-up your BITSA card by selling your Blockchain Tokens. The sale amount will be applied to your BITSA card.

It is important that you keep in mind that this service that we have enabled on our platform is offered by the BITNOVO® Platform, under the commercial agreements we have signed and is governed by its General Conditions that you have available, both on its website www.bitnovo.com  as in its Bitnovo Application, and which you can also check here .

By using this service, we understand that you have read these conditions and expressly accept them.

2.2.3. Bank transfer.

You can also top-up your BITSA card by making a bank transfer from your account to the account owned by the card issuer.

In the section Top-Up  🡪 Transfer, are available the data that you must indicate to perform the top up correctly.

It is very important to enter as a concept the registration number of your BITSA card and your ID so that the amount transferred can be applied to your card.

Within 24-48 the issuer of your card will recharge your BITSA card with an amount of electronic money equal to the amount transferred.

2.2.4. BITSA redeemable vouchers.

You can top-up your BITSA Card through BITSA redeemable vouchers that you can purchase at any authorized store or BITSA ATMs.

Once purchased, redeem it through our platform by entering the digits that form the code or by scanning the barcode. The amount will be applied to your card.

The maximum amount of vouchers you will be able to redeem and therefore, the maximum amount you will be able to top up on your BITSA Card through this method is subject to the following limits:

MAXIMUM LIMITS
Daily Maximum	2.500 €
Weekly Maximum	5.000 €
Monthly Maximum	25.000 €

The vouchers have a validity period of three months from their acquisition and, with the exception of possible error in the voucher that prevents their redemption, no returns will be accepted.

2.3 Money transfer.

2.3.1. From BITSA to BITSA.

You can transfer balance from one BITSA Card to another BITSA Card, for this you must access the Send section and then:

 🡪 Card , we will ask you to indicate the ID number of the BITSA Card to which you wish to send money and the amount. Optionally you can indicate the concept.

Or you can send money from your BITSA card to contacts in your phonebook who own a BITSA card. In this case you must access:

 🡪 Contacts and select who you want to send balance.

We will show you a summary table of the operation that you must confirm to finalize the transaction. Remember that once the operation is confirmed it is irreversible.

2.3.2. Making SEPA transfers.

You can order transfers within the Euro Single Payment Area or SEPA, through your user account. To do this you will only have to select the option Send  IBAN and indicate the amount, concept and IBAN number of the beneficiary.

In this case, you must enter the keys to access your user account, and where appropriate, the second authentication factor if you have one.  

2.4 Withdraw. Pin Cash

ATM

You can make cash withdrawals at any ATM network using your BITSA card.

PIN CASH

You can also make cash withdrawals using our Pin Cash voucher that you can redeem at any Bitsa point. Just indicate what amount you wish to withdraw and we will generate a Pin Cash voucher for that amount that will be automatically deducted from the balance of your BITSA Card.

Your Pin Cash voucher will expire three months after its creation. You can cancel it whenever you want, as long as you are within that period. The balance of the cancelled coupon will be returned instantly to your BITSA card.  

2.5. Check your card balance and movements.

Through our platform, you can check the movements made with your card, as well as the available balance. You will be able to visualize the last movements accessing last movements.

You can also check your movements referring to specific dates by filtering the search and indicating the specific period you wish to consult.

2.6. PIN Request.

If you need to remember your card PIN, you can view it.

2.7 Disable

You can temporarily block your card and prevent its use.

We recommend this option in case of loss or theft, without prejudice to the corresponding reliable communication that you must make in case of any of these events through the channels we have made available to you.

3. BITSA®  PLANS

To adapt to your necessities, we have created different BITSA® PLANS. To enjoy any of them, you just have to choose the one that best suits you and subscribe easily through the settings section of the app.
More information

Subscription conditions:
- Your BITSA® card is linked by default to PLAN FREE. If you want to improve your account, and enjoy the advantages that we offer you through both the PLAN MOVE and the PLAN PRO, you can do so, as previously mentioned, through the Configuration Menu of the APP.
- You can choose between the monthly subscription, or take advantage of our cheapest annual subscription offer. We will load the amount in question on your BITSA® card.
- You can cancel your subscription at any time, through the section enabled for this purpose in the APP, but you should bear in mind that:
4. The cancellation will take effect from the next monthly or annual payment, depending on the type of subscription you have chosen, which, therefore, we will not load on your BITSA® card, returning to the FREE Plan.
5. The subscription will remain valid for the period of time that you have paid prior to the cancellation request. This implies that BITSA® will not refund the amounts you have paid for the monthly or annual amount in question.
6. For this reason, if you do not want to continue with the PLAN to which you are subscribed, you must request cancellation before the end of the monthly or annuity in question to avoid charging the subscription fee corresponding to said monthly or annual payment.
- You will be able to improve your PLAN whenever you want, requesting, in the way that has been specified, the promotion to the next PLAN, since with each one you will be able to enjoy greater advantages than with the previous one. In this case, you should take into account that:
4. You must pay in full the corresponding monthly or annual subscription fee.
5. The Plan change will be immediate once the fee is paid.
6. You will not be entitled to reimbursement or compensation for the amounts that you would have paid in the previous plan and that were still in force.

 

4. ACCESS AND USE OF THE BITSA PLATFORM

4.1. Requirements to access services.

To access the BITSA platform, you do not need to satisfy any additional requirements, however, in order for us to be able to provide the services, you must be over 18 years of age and a European resident, register and verify your identity in the manner described above.

And if you are a child, aged 14 -7, in addition, you must be authorized by your mother, father or legal guardian responsible for fulfilling all obligations arising from the provision of services.

4.2. Obligations.

When you ask us to provide you with any of the services that we put at your disposal through the BITSA platform, you are obliged to:

• Provide us with all the information required in the forms and verification processes.
• Provide any other information that we may require in compliance with obligations arising from current regulations on the Prevention of Money Laundering and Terrorist Financing. We may collect information about you if we have indications that the information provided is not correct. If from the information obtained we deduce that there is any incorrectness in the data provided, we reserve the right to unilaterally cancel the service provision contract .
• Ensure that all data communicated through the completion of the forms, the verification process or that you have provided later when we have requested it, are true and authentic. 
• Likewise, it is your responsibility to keep your information updated in a way that responds to your real situation at all times. You will be responsible for the damages that you may cause us or that you may cause to third parties as a result of the use of outdated, false or non-current data..
• Confirm the acceptance of these Conditions of Access and Use, the Conditions of Issuance of the Card and Use of Payment Services, our Privacy Policy and our Cookies Policy.
•  
• Likewise, you will be solely responsible for the proper custody and strict confidentiality of the password to access your user account, the pin code communicated by the issuing entity and the digits of the electronic signature that we have provided, committing you not to transfer its use to third parties. Similarly, you are responsible for the security of your device. We will consider that any access identified and authenticated with your username and password is legitimate and has been made by you, being, therefore, solely responsible for the acts performed through said access. You must notify us immediately and inexcusably by email to support@bitsacard.com of any event that allows or may allow the abuse of codes and/or passwords, otherwise, we will be exempt from any liability that may arise from improper, fraudulent or false that can be done.

We reserve the right to deny you or withdraw access to services at any time without notice if you fail to comply with these obligations.

4.3. Behavior.

By accessing the BITSA platform, you commit yourself to have adequate behaviour, in compliance with the current legal system, morality, public order and these conditions. And in particular, you commit yourself to:

• Not to carry out any activity that hinders or interferes with the operation of the services .
• Make proper use of the services included in our platform in a diligent, correct and lawful manner, in accordance with the law, the legal notice, the present conditions and the general conditions of the services you access, use regulations and instructions that We have communicated to you or made public, as well as with morals and generally accepted good customs and public order. To this end, you must refrain from requesting the services for purposes or effects that are illegal, prohibited, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services, computer equipment or documents, files and all kinds of content stored in any of our computer equipment, other customers or users or any internet user (hardware and software) .
• ou also expressly commit to:

1.      Do not store, use, transmit or disseminate child pornography or other obscene, violent, illegal, xenophobic or defamatory materials.

2.    Do not use the network to transmit or advertise defamatory, hurtful, abusive, threatening language or that is contrary to the right to honor, personal or family privacy or the image of people, or that otherwise is contrary, belittles or undermine the fundamental rights and public liberties recognized in the constitution, in international treaties and in the rest of the current legislation .

3.    Do not store, use, transmit or disseminate Cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.

And you will refrain from:

1.      Distribute viruses through the internet, worms, Trojans or any other destructive activity, such as saturation, mailbombing, or denial of service attacks .

2.    Collect and/or use personal data of other users without their express consent or contravening the provisions of the data protection regulations .

3.    Use the mail server of the domain and of the email addresses for the purposes of so-called spamming (sending of spam, commercial or of any other nature) .

4.    Destroy, alter, disable or otherwise damage our electronic data, programs or documents or our third parties .

5.    To obstruct the access of other users through the massive and unjustified consumption of the computer resources through which we provide our service, as well as to perform actions that damage, interrupt or generate errors in said systems .

6.    Use the system to try to access restricted areas of the server, without our proper authorization .

You will be responsible for the damages that you may cause us or that you may cause to third parties as a result of the non-observance of these behavioural obligations.

Therefore, in case of breach of these obligations, we reserve the right to deny you access or not to provide the services, at any time and without prior notice.

 

4.4. Privacy.

We promise to keep secret regarding your personal data, treating them with absolute confidentiality, guaranteeing their protection by adopting all the necessary measures that prevent their alteration, loss, treatment or unauthorized access, in accordance with current legal obligations.

To navigate the platform it is not necessary that you provide us with your personal data, however, in order to provide you with the requested services, you will need to provide us with certain data through our forms.

The way in which we obtain, treat and protect the personal data that you have provided to us or have collected through forms and/or cookies, is collected both in our Privacy Policy and in our Cookies Policy. Therefore, it will be an essential requirement for access to the platform and contracting of the services the knowledge of said policies and the explicit acceptance of the processing of your data in accordance with what is described in them, validating the boxes indicated for this purpose.

You can exercise your rights of access, rectification, deletion and opposition, as well as limitation and portability of your data, in compliance with the provisions of current data protection regulations and in accordance with the procedure indicated in the same Privacy Policy.

We cannot control nor are we responsible for the use that may be made by third parties of the data that you may publish on our platform and that may be accessed by other users.

4.5. Availability of services. Guarantees and Responsibilities.

• The services we offer through the BITSA Platform may vary over time. We will inform you of the variations that occur, as well as if we decide to cancel the continuity of a certain service and the conditions of the cessation of this .
• We may block your access to the services, in whole or in part if you violate these Conditions of Access and Use .
• Although we use systems compatible with most of the existing technology in the market, we cannot guarantee compatibility with the device you use to access the BITSA Platform .
• We cannot guarantee the availability and continuity of the operation of the platform, being exempt from any responsibility derived from the access and use made of it, including (but not limited to) performance failures, interruptions or delay in the operation of the services and failure of the system. Said disclaimer will be extended even if there is a failure or malfunction that causes damage to third-party computer tools. Therefore, access to the BITSA Platform is under your sole responsibility. .
• There may be cases of unavailability of services due to force majeure or technical reasons, not being responsible for any damage that may occur, or for losses that may arise as a result of events that could not have been foreseen, or that were foreseen inevitable, either by chance or force majeure.  
• We are not responsible for any type of failure, technical error, accident, breakdown, manipulation, interruption of services or any other incident that may arise in products, equipment or technical services outside of us whose use is necessary for participation in the services.
• We use protective measures to protect the BITSA Platform and virus detection programs to minimize risks. However, we cannot guarantee the absence of viruses or other elements in the platform introduced by third parties outside us that may cause alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, we will not be responsible in any case for any type of damage and/or harm that may arise from the presence of viruses or other elements. .
• We will not be responsible for the relationships you establish with third parties, even if those relationships are derived from access to our platform. In case you take any claim or legal action against a third party, you expressly exempt us from any responsibility, as well as our employees, suppliers and other collaborators .
• Any incident related to the provision of payment services will be the responsibility of the card issuer and provider of the payment services.

 

4.6. Temporary suspension of service on the BITSA Platform.

We may interrupt services temporarily to perform those maintenance tasks that are necessary for the proper functioning of the BITSA Platform.

Likewise, we may suspend the provision of services temporarily if:

• We detect the conduct of suspicious operations..
• The security of your user account is compromised..
• You do not provide us with the information that, where appropriate, we have required.
• You do not accept the update of the Conditions of Access and Use of the BITSA Platform or the Privacy Policy, in accordance with current regulations .

We will keep this situation up to a maximum of 30 days from the beginning of the suspension, after which it will become final if you have not proceeded to regularize the situation.  

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

We own the rights of industrial property and intellectual property in and on the name of BITSA, the BITSA logo, the Services and the BITSA website, as well as the BITSA application, so they cannot be subject to exploitation, reproduction, distribution, modification,  public communication,  transfer or transformation, unless expressly authorized, being strictly prohibited the alteration of the content or structure of the BITSA Platform.

By accepting these Terms and Conditions, we provide you with a non-exclusive and free license to use the BITSA Platform and the Services we provide through it. The copying, reproduction, modification, sale or otherwise the exploitation, distribution or creation of works derived from the web or the application, or from any content, code, data, graphics or materials related to the aforementioned  web or application, or included in them, is not allowed.

6. CUSTOMER OR USER SUPPORT. - CUSTOMER CARE.

To resolve any questions or issues that may arise regarding the access and use of the BITSA Platform, we offer you our Customer Care Team, which you can contact:

• calling the phone number : +33.422.530.991, or 
• sending an email to support@bitsacard.com  

7. COMPLAINT CHANNEL.

You can communicate to us those illegal or fraudulent behaviours of third parties that you may have known through our Complaint Channel, at the email address compliance@bitsacard.com 

We guarantee the confidentiality of all communications that will be governed at all times by the provisions of current legislation on the protection of personal data.

8. COMMUNICATIONS

We will carry out all communications, notifications and information that we must send you, whenever the applicable regulations allow it, by email to the address you have indicated in the registration form or to which you have notified us later, so we recommend that you regularly check your email.

Likewise, we will assume validly concluded the communications that you send to the email address : support@bitsacard.com .

The notifications will be considered completed and effectively delivered on the third business day counted from the day following the date on which the shipment is recorded correctly, to the indicated addresses.

However, when the postal communication is obligatory, we will send you the corresponding communication or notification, by certified mail with acknowledgement of receipt, to the address that you have indicated in the registration form or to the one that you have notified us later.

Similarly, you can send your communications, by postal mail, to the following address:

 

BITSA is a simplified public limited company (SAS)

registered office is at 37-41 Boulevard Dubouchage, 06000 NIZA, FRANCE.

Trade Name: BITSA®

Phone: +33.422.530.991

Email: info@bitsacard.com

It is your responsibility to keep the contact information updated, so you must notify us as soon as possible of any changes that may occur .

9. PRICE OF SERVICES AND PAYMENT METHODS

For the issuance of the BITSA card, and the provision of payment services linked to the issuance of electronic money stored in it, the issuing entity, and where appropriate, we, will be entitled to charge the commissions whose concept and settlement parameters are detailed below.

• Card issuance commission:  will be due and become effective only  one-time at the time of issuance of each card.
• Card replacement fee:   will be due and become effective only once at the time of its issuance, except in case of theft (submission of complaints will be necessary) .
• Maintenance commission:   it will be due on a monthly basis for the operational maintenance of each card and until the expiration date. This commission will be charged against the available balance of the card. The first year no commission will be due for this concept.
• Commission for cash refund through BITSA-Pin Cash points: will be due and become effective for each cash withdrawal.
• Commission for cash refund at national ATM: the fees applied by the bank will be passed on. This commission will be charged against the available balance of the card.
• Consults of balance and movements through national ATM: will be due and become effective for each query made against the balance available on the card.  
• Commission for cash refund at international ATM: will be due and become effective for each refund operation performed, charged to the balance available on the card.
• Consults of balance and movements through international ATM: will be due and become effective for each query made against the balance available on the card.  
• Transfers to another entity: will be due and become effective by each transfer order and will be charged against the available card balance.
• PIN inquiry: will be due and become effective for each PIN query made via SMS once the four free consultations have been completed, charged to the available balance of the card.
• Purchases in stores outside the national level: will be due and become effective for each purchase made with charge to the available balance of the card.

The amount of the applicable commissions can be consulted on the website that will offer updated information.

We will charge you the commission for the issuance of the BITSA Card (and if applicable, the shipping costs) immediately upon validation.

You can make the payment using any of the payment methods enabled.

If you make the payment by debit and/or credit card, keep in mind that at no time we will have knowledge of information related to your card that is digitized directly on the payment gateway of the entity and that none of our computer files will contain or keep data on the keys used by the means of payment. Therefore, we can never be held liable for any fraudulent and improper use of the means of payment you have used to pay for our services..

If you opt for payment through Blockchain Tokens you must remember that this service is offered by the BITNOVO® entity, in accordance with the provisions of Section 2.2.

If the method chosen is the transfer we will indicate via email the steps to follow, account number and concept among other details.

Once you have requested the card and paid the commission for issuing it, you will receive an email that will contain all the terms of the operation. You will also receive an email confirming the sending of your BITSA card.

Do not forget that, processed the payment, we will proceed to carry out the identity verification process in accordance with the provisions of Section 2.1 of these conditions. And, remember that it is your responsibility, in accordance with what is established in said section, as well as with what is established in Section 3.2 to communicate all the necessary data for the correct provision of the services and, if applicable, billing that must be truthful, current and adjusted to reality, especially regarding the form of payment.

10. MODIFICATION OF THE CONDITIONS.

In case of a modification of the present conditions, either by the introduction of new functionalities in the BITSA Platform, or by requirements of adaptation to legislative changes, we will proceed to its publication in the platform so that you can be aware of any changes that may occur. If you do not agree with the new conditions, you will have a period of 15 days from publication to terminate the contract by notifying us in writing. If after this period you continue using the services provided through the BITSA Platform, we will assume that you accept the update made.

11. ENTRY INTO FORCE

As stated in Section 1, access to the BITSA Platform gives you the status of user, which implies your adhesion and compliance with these Conditions of Access and Use. However, when you hire our services, we will require you to accept these Conditions of Access and Use, the Conditions for the Issuance and Use of Payment Services, our Privacy Policy and our Cookies Policy, which will come into force at that moment and will be applicable. Acceptance implies that you have previously read the texts cited and understand them, confirming said acceptance by checking the box enabled for this purpose.

12. EXTINCTION AND RESOLUTION.

This contract will be extinguished:

1.      If you do not accept the modification of these Conditions of Access and Use or the Privacy Policy.  

2.    If either party fails to comply with any essential obligation of this contract, it will empower the other to urge its resolution unilaterally. .

3.    If you decide to terminate the contractual relationship with us, communicating your decision in writing in a reliable manner .

13. NULLITY OF SOME PROVISION.

The nullity of any or some of the provisions contained in these Conditions of Access and Use will not affect the rest of the contract that will remain valid.

14. CONFLICT RESOLUTION.

With the acceptance of these Conditions of Access and Use you agree that, in the event of any type of controversy regarding the access and use of the BITSA platform, or regarding the interpretation of this contract, you will try to resolve it in a friendly way, communicating this controversy through the different communication channels that we have made available to you (Section 5).

We will answer within a maximum period of 15 business days from the receipt of the communication.

In case we cannot resolve the dispute in a friendly way or the solution proposed is not satisfactory to your interests, you can proceed before the court.

15. ASSIGNMENT AND SUBROGATION.

If we consider it necessary to carry out the purpose of this contract as established in these conditions, we may assign the formalized contracts with our clients, subrogating the assignee part in all the rights and obligations derived from them.

You may not assign, subrogate or assign all or part of the rights or obligations arising from these conditions to a third party.

16. DATA PROTECTION/LINKS

16.1. Data Protection

Our Privacy and Cookies Policy collects the way in which we obtain, treat and protect the personal data that you have provided us or have collected through forms and/or cookies, in accordance with those established in the current legislation on data protection and especially as provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and repealing Directive 95/46/EC (General Data Protection Regulation).

For what we inform you, that:

• Each time we request personal information through our forms you must expressly accept our privacy policy by checking the box enabled for this purpose, which implies your knowledge.
• Also, when you browse the web or access the app we will inform you of the use of own and third-party cookies, understanding that if you continue browsing or using the app you accept its use.
• The data that we will ask you to be able to provide you with the requested service will be strictly necessary to be able to provide that service. Therefore, if you do not wish to provide us with this information, we cannot provide any service..
• We will be able to communicate the data that you have provided to us and those related to your transactions if we were required to do so by the police, judicial or governmental authorities of any kind, national or foreign.
• As responsible for the processing of your personal data, and being aware of the importance of your privacy, we promise to treat these with absolute confidentiality, keeping secret about them and guarantee that they will be kept by adopting all the necessary measures that prevent their alteration, loss, unauthorized treatment or access, in accordance with the legal obligations in force in the matter.
• You can exercise your rights of access, rectification, deletion, opposition, limitation and portability of your data, as provided in our Privacy Policy.
• You can oppose us to send you commercial communications or withdraw your consent, without affecting the legality of the treatment for other purposes.
• You can go to our Data Protection Delegate, responsible for the proper management of the processing of your personal data, to resolve any issue through email dpo@bitsacard.com.

We inform you that you also have the right to file a complaint with the Commission Nationale de l´Informatique et des Libertés CNIL, in case you understand that you have not obtained the correct assistance in the exercise of the rights 

Contact:

Commission Nationale de l´Informatique et des Libertés CNIL
3 place de Fontenoy
TSA 80715
75334 PARIS CEDEX 07
Phone: +33 (0) 1 53 73 22 22

www.cnil.com

 

 

16.2. Links to third party websites

You can find on the web, as in the app, links that can redirect you to third-party websites.

If you decide to interact or contract third-party products or services through these pages, keep in mind that they are totally alien to us and that you will be subject to their respective General Conditions and Privacy Policies, so we recommend that you consult them beforehand .

We will not assume in any case, any type of responsibility for the damages that can be derived from the access, use or impossibility of use, on your part, of the mentioned links to the websites of third parties. Likewise, we will not assume any responsibility for the incorrect use that may be given to the personal data that you provide to said third parties through their websites.

We reserve the right to remove links to any website that we have included in the BITSA Platform .

17. APPLICABLE LAW, COMPETENT JURISDICTION.

These conditions will be interpreted and governed by the legislation of FRANCE. Any dispute that may arise regarding the access and use of the website and the BITSA application will be submitted to the Courts of Nice(France).