Terms of service

V3. 04.nov.2019

This agreement is made by and between you and operator of LDV Bank and has the legal effect as a legal contract. The operator of LDV Bank means the legal entity that, recognized by law, operates the networking platform. The operator of LDV Bank may be referred to, individually or collectively, as “Globe Monnaie SRL” in this agreement. Globe Monnaie SRL is company registered in Romania with Company Unique Identifier 37865699 with paid capital 10.000 RON. The office is located in Craiova, the capital of Dolj County, Mihail Străjan Street, No. 4.
The Trading Service operated by LDV Bank allows buyers ("Buyers") and sellers ("Sellers") to buy and sell Cryptocurrencies such as "Bitcoin and Ethereum at this moment and very soon other currencies.
“LDV Bank” means the networking platform operated by Globe Monnaie SRL, including but not limited to the LDV Bank website, with the domain https://ldvbank.com.

1.  Agreement and Execution

The content of this agreement includes main body of this agreement and various rules that have been posted or may be posted from time to time by LDV Bank. All of the rules shall be an integral part of this agreement, and shall have the same legal effect as the main body of this agreement. Unless otherwise expressly provided, any service provided by LDV Bank and its affiliates shall be bound by this agreement. You shall carefully read through this agreement before using any LDV Bank Service, and pay close attention to the content. You may consult LDV Bank if you have any question with regard to this agreement. However, regardless whether you have carefully read through this agreement before using LDV Bank Service, you shall be bound by this agreement as long as you use LDV Bank Service. You shall not claim to void or rescind this agreement on the ground that you did not read this agreement or you did not receive any respond from LDV Bank to your consultation. You hereby promise to accept and observe this agreement. If you do not agree to this agreement, you shall immediately stop registration/activation or stop using LDV Bank Service. LDV Bank may make or amend this agreement and various rules from time to time as needed, and announce the same on the website, without any individual notice to you. The amended agreement and rules shall come into effect immediately and automatically upon being announced on the website. If you do not agree to the relevant amendment, you shall immediately stop using LDV Bank Service. If you continue using LDV Bank service, you shall be deemed as having accepted the amended agreement and rules.

2. Eligibility of Registrants

You hereby confirm that you are an individual, legal person or other organization with full capacity for civil rights and civil conducts when you complete the registration or actually use LDV Bank Service in any other way allowed by LDV Bank.

3. Registration and Account

You shall be bound by this agreement once you have filled in information, read and agreed to this agreement and completed the registration process following the instructions on the registration page or you have filled information, read and agreed to this agreement and completed the activation process following the instructions on the activation page, or upon your actual use of LDV Bank Service in a way permitted by LDV Bank . You may log in LDV Bank by your email address or mobile number that you have provided or confirmed or any other means permitted by LDV Bank. You must provide your real name, ID type, ID number and other information required by the laws and regulations. If any information you have provided during the registration is inaccurate, LDV Bank will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by you. LDV Bank accounts can only be used by the person whose name they are registered under. LDV Bank reserves the right to suspend, freeze, or cancel accounts that are used by persons other than the persons whose names the accounts are registered under. LDV Bank will also not take legal responsibility for these accounts.

4. User’s Information

During the registration or activation, you shall accurately provide and timely update your information by following the instructions on the relevant page according to the laws and regulations in order to make it truthful, timely, complete and accurate. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, LDV Bank shall have the right to send you a notice to make enquiry and demand corrections, remove relevant information directly and, as the case may be, terminate all or part of LDV Bank Service to you. LDV Bank will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by you. You shall accurately fill in and timely update your email address, telephone number, contact address, postal code and other contact information so that LDV Bank or any other user will be able to effectively contact you. You shall be solely and fully responsible for any loss or extra expenses incurred during the use of LDV Bank Service by you if you cannot be contacted through this contact information. You hereby acknowledge and agree that you have the obligation to keep your contact information effective and to take actions as required by LDV Bank if there is any change or update.

5. Account Security

You shall be solely responsible for the safekeeping of your LDV Bank account and password on your own, and you shall be responsible for all activities under your log-in email, LDV Bank account and password. You hereby agree that:

  • you will notify LDV Bank immediately if you are aware of any unauthorized use of your LDV Bank account and password by any person or any other violations to the security rules;
  • you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and

6. LDV Bank Service

Through LDV Bank Service and other services provided by LDV Bank and its affiliates, members may post deal information, access to the pricing and dealing information of a deal and carry out the deal, participate in activities organized by LDV Bank and enjoy other information services and technical services. If you have any dispute with other members arising from any transaction on LDV Bank, once such dispute is submitted by one or both of you and the other member to LDV Bank for dispute resolution, LDV Bank shall have the right to make decision at its sole discretion. You hereby acknowledge and accept the discretion and decision of LDV Bank. You acknowledge and agree that, LDV Bank may, on requests from governmental authorities (including judicial and administrative departments), provide user information provided by you to LDV Bank, transaction records and any other necessary information. If you allegedly infringe upon any other’s intellectual rights or other legitimate interests, LDV Bank may provide the necessary ID information of you to the interest holder if LDV Bank preliminarily decides that the infringement exists. All the applicable taxes and all the expenses in relation to hardware, software, service and etc. arising during your use of the LDV Bank Service shall be solely borne by you. By using this service, you accept that all trade executions are final and irreversible. By using this service, you accept that LDV Bank reserves the right to liquidate any trades at any time regardless of the profit or loss position.

7. User’s Guide of LDV Bank Service

You hereby promise to observe the following covenants during your use of LDV Bank Service on LDV Bank: All the activities that you carry out during the use of LDV Bank Service will be in compliance with the requirements of laws, regulations, regulatory documents and various rules of LDV Bank, will not be in violation of public interests, public ethnics or other’s legitimate interests, will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules. If you violate the foregoing promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and hold LDV Bank harmless from any loss resulted from such violation. During any transaction with other members, you will be in good faith, will not take any acts of unfair competition, will not disturb the normal order of online transactions, and will not engage in any acts unrelated to online transactions. You will not use any data on LDV Bank for commercial purposes, including but not limited to using any data displayed on LDV Bank through copy, dissemination or any other means without prior written consent of LDV Bank. You will not use any device, software or subroutine to intervene or attempt to intervene the normal operation of LDV Bank or any ongoing transaction or activities on LDV Bank. You will not adopt any action that will induce unreasonable size of data loading on the network equipment of LDV Bank. You acknowledge and agree: LDV Bank shall have the right to unilaterally determine whether you have violated any of the covenants above and, according to such unilateral determination, apply relevant rules and take actions thereunder or terminate services to you, without your consent or prior notice to you. As required to maintain the order and security of transactions on LDV Bank, LDV Bank shall have the right to close relevant orders and take other actions in case of any malicious sale or purchase or any other events disturbing the normal order of transaction of the market. If your violation or infringement has been held by any effective legal documents issued by judicial or administrative authorities, or LDV Bank determines at its sole discretion that it is likely that you have violated the terms of this agreement or the rules or the laws and regulations, LDV Bank shall have the right to publish on LDV Bank such alleged violations and the actions that having been taken against you by LDV Bank. As to any information you may have published on LDV Bank that allegedly violates or infringes upon the law, other’s legitimate interests or this agreement or the rules, LDV Bank shall have the right to delete such information without any notice to you and impose punishments according to the rules. As to any act you may have carried out on LDV Bank, including those you have not carried out on LDV Bank but have had impacts on LDV Bank and its users, LDV Bank shall have the right to unilaterally determine its nature and whether it constitutes violation of this agreement or any rules, and impose punishments accordingly. You shall keep all the evidence related to your acts on your own and shall undertake all the adverse consequences resulted from your failure to discharge your burden of proof. If your alleged violation to your promises causes any losses to any third party, you shall solely undertake all the legal liabilities in your own name and hold LDV Bank harmless from any loss or extra expenses. If, due to any alleged violation by you to the laws or this agreement, LDV Bank incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify LDV Bank against any losses and expense caused thereby, including reasonable attorney’s fee.

8. Scope and Limitation of Liability

LDV Bank will provide LDV Bank Service at an “as is” and “commercially available” condition. LDV Bank disclaims any express or implied warranty with regards to LDV Bank Service, however, including but not limited to applicability, free from error or omission, continuity, accuracy, reliability or fitness for a particular purpose. Meanwhile, LDV Bank disclaims any promise or warranty with regards to the effectiveness, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information involved by LDV Bank Service. You are fully aware that the information on LDV Bank is published by users on their own and may contain risks and defects. LDV Bank serves merely as a venue of transactions. LDV Bank serves merely as a venue where you acquire coin related information, search for counterparties of transactions and negotiate and conduct transactions, but LDV Bank cannot control the quality, security or legality of the coin involved in any transaction, truthfulness or accuracy of the transaction information, or capacity of the parties to any transaction to perform its obligations under the transaction documents. You shall cautiously make judgment on your own on the truthfulness, legality and effectiveness of the coin and information in question, and undertake any liabilities and losses that may be caused thereby. Unless expressly required by laws and regulations or any of the following circumstances occurs, LDV Bank shall not have any duty to conduct preliminary review on information data, transaction activity and any other transaction related issues of all users: LDV Bank has reasonable cause to suspect that a particular member and a particular transaction may materially violate the law or agreement. LDV Bank has reasonable cause to suspect that the activities conducted on LDV Bank by a member may be illegal or improper. You acknowledge and agree, LDV Bank shall not be liable for any of your losses caused by any of the following events, including but not limited to losses of profits, goodwill, usage or data or any other intangible losses (regardless whether LDV Bank has been advised of the possibility of such losses): use or failure to use LDV Bank Service. You agree to indemnify and hold harmless LDV Bank, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

9. Termination of Agreement

You hereby agree that, LDV Bank shall have the right to terminate all or part of LDV Bank Service to you, temporarily freeze or permanently freeze (cancel) the authorizations of your account on LDV Bank at LDV Bank’s sole discretion, without any prior notice, for whatsoever reason, and LDV Bank shall not be liable to you; however, LDV Bank shall have the right to keep and use the transaction data, records and other information that is related to such account. In case of any of the following events, LDV Bank shall have the right to directly terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on LDV Bank and withdraw the corresponding LDV Bank account thereof: after LDV Bank terminates services to you, you allegedly register or register in any other person’s name as LDV Bank user again, directly or indirectly; the main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete; when this agreement (including the rules) is amended, you expressly state and notify LDV Bank of your unwillingness to accept the amended service agreement; any other circumstances where LDV Bank deems it should terminate the services. After the account service is terminated or the authorizations of your account on LDV Bank is permanently froze (cancelled), LDV Bank shall not have any duty to keep or disclose to you any information in your account or forward any information you have not read or sent to you or any third party. You agree that, after the termination of agreement between you and LDV Bank, LDV Bank shall still have the rights to: keep your user’s information and all the transaction information during your use of LDV Bank Service. Claim against you according to this agreement if you have violated any laws, this agreement or the rules during your use of LDV Bank Service. After LDV Bank suspends or terminates LDV Bank Service to you, your transaction activities prior to such suspension or termination will be dealt with according to the following principles and you shall will take care of on your own efforts and fully undertake any disputes, losses or extra expenses caused thereby and keep LDV Bank harmless from any losses or expenses: LDV Bank shall have the right to delete, at the same time of suspension or termination of services, information related to any un-traded coin tokens that you have uploaded to LDV Bank prior to the suspension or termination. If you have reached any purchase agreement with any other member prior to the suspension or termination but such agreement has not been actually performed, LDV Bank shall have the right to delete information related to such purchase agreement and the coins in question. If you have reached any purchase agreement with any other member prior to the suspension or termination and such agreement has been partially performed, LDV Bank may elect not to delete the transaction; provided, however, LDV Bank shall have the right to notify your counterparty of the situation at the same time of the suspension or termination.

Privacy Policy

This Privacy Policy, together with our Terms of Use, governs LDV Bank’s collection, processing and use of your Personal Information.
"Personal Information" refers to information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. “Personal Information” does not include anonymized and/or aggregated data that does not identify a specific user.
LDV Bank is committed to protect and respect your privacy.

1. PERSONAL INFORMATION

We collect the Personal Information you provide directly to us when you open an LDV Bank Account, perform any transactions on the LDV Bank Platform, or use other LDV Bank Services. This may include:

  • Contact information, such as name, home address, and email address.
  • Account information, such as username and password.
  • Financial information, such as bank account numbers, bank statement, and trading information.
  • Identity verification information, such as images of your government issued ID, passport, national ID card, or driving license. Note: US residents may be asked to provide their social security numbers.
  • Residence verification information, such as Utility bill details or similar information.

We also automatically collect certain computer, device, and browsing information when you access the LDV Bank website or use LDV Bank Services. This information is aggregated to provide statistical data about our users' browsing actions and patterns, and does not personally identify individuals. This information may include:

  • Computer or mobile device information, including IP address, operating system, browser type.
  • Website usage information.

2. USE OF COOKIES AND SIMILAR TECHNOLOGY

The LDV Bank site is using cookies. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

3. HOW WE USE YOUR PERSONAL INFORMATION

We may use your Personal Information to:

  • Process your LDV Bank transactions. We will process your Personal Information only for the purpose(s) for which it has been provided to us.
  • Verify your identity in accordance with the Money Laundering Regulations 2007 and the LDV Bank Anti Money Laundering policy, as well as address other law enforcement needs as more fully described in our Terms of Use. With respect to US residents, we also may share your information with other financial institutions as authorized under Section 314(b) of the US Patriot Act, and with tax authorities, including the US Internal Revenue Service, pursuant to the Foreign Account Tax Compliance Act ("FATCA"), to the extent that this statute may be determined to apply to LDV Bank Ltd.
  • Personalize your LDV Bank Services experience.
  • Analyze LDV Bank website usage, and improve our website and website offerings.
  • Help us respond to your customer service requests and support needs.
  • Contact you about LDV Bank Services. The email address you provide may be used to communicate information and updates related to your use of the LDV Bank Services. We may also occasionally communicate company news, updates, promotions, and related information relating to similar products and services provided by LDV Bank.
  • Administer a contest, promotion, survey or other site feature as will be more explained on the website.

 

DISCLOSING AND TRANSFERRING PERSONAL INFORMATION

We may disclose your Personal Information to third parties and legal and regulatory authorities, and transfer your Personal Information outside the EEA.

1. DISCLOSURES TO THIRD PARTIES

In processing your transactions, we may share some of your Personal Information with third party service providers who help with our business operations. Your information will not be sold, exchanged, or shared with any third parties without your consent, except to provide LDV Bank Services or as required by law. By using our Services and accepting our Terms of Use, you consent to the disclosure of your Personal Information as described in this Privacy Policy.
LDV Bank’s third-party service providers are contractually bound to protect and use such information only for the purposes for which it was disclosed, except as otherwise required or permitted by law. We ensure that such third parties will be bound by terms no less protective those described in this Privacy Policy, or those we are subject to under applicable data protection laws.

2. DISCLOSURES TO LEGAL AUTHORITIES

We may share your Personal Information with law enforcement, data protection authorities, government officials, and other authorities when:

  • Compelled by subpoena, court order, or other legal procedure.
  • We believe that the disclosure is necessary to prevent physical harm or financial loss.
  • Disclosure is necessary to report suspected illegal activity.

 

3. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

We store and process your Personal Information in data centers around the world, wherever
LDV Bank facilities or service providers are located. As such, we may transfer your Personal Information outside of the EEA. Such transfers are undertaken in accordance with our legal and regulatory obligations.

EXTERNAL WEBSITES

Occasionally, the LDV Bank website may provide references or links to other websites ("External Websites"). We do not control these External Websites third party sites or any of the content contained therein. You agree that we are in no way responsible or liable for External Websites referenced or linked from the LDV Bank website, including, but not limited to, website content, policies, failures, promotions, products, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites.
External Websites have separate and independent privacy policies. We encourage you to review the policies, rules, terms, and regulations of each site that you visit. We seek to protect the integrity of our site and welcome any feedback about External Website information provided on the LDV Bank website.

1. ACCESS RIGHTS TO PERSONAL INFORMATION

You have the right to access your Personal Information to correct, update, and block inaccurate and/or incorrect data. To exercise this right, contact us at [email protected]
LDV Bank will respond to your request only where this is not inconsistent with our Terms of Use and other legal and regulatory obligations.

2. SECURITY OF PERSONAL INFORMATION

We use a variety of security measures to ensure the confidentiality of your Personal Information, and to protect your Personal Information from loss, theft, unauthorized access, misuse, alteration or destruction. These security measures include, but are not limited to:

  • Password protected directories and databases.
  • Secure Sockets Layered (SSL) technology to ensure that your information is fully encrypted and sent across the Internet securely.
  • PCI Scanning to actively protect our servers from hackers and other vulnerabilities.

All financially sensitive and/or credit information is transmitted via SSL technology and encrypted in our database. Only authorized LDV Bank personnel are permitted access to your Personal Information, and these personnel are required to treat the information as highly confidential. The security measures will be reviewed regularly in light of new and relevant legal and technical developments.

RETENTION OF PERSONAL INFORMATION

We retain Personal Information for as long as necessary to fulfil purposes described in this Privacy Policy, subject to our own legal and regulatory obligations. In accordance with our record keeping obligations, we will retain Account and other Personal Information for at least five years after an Account is closed.





AML/KYC Policy

Introduction

Globe Monnaie SRL Anti-Money Laundering and Know Your Customer Policy (hereinafter - the “AML/KYC Policy”) is designated to prevent and mitigate possible risks of Globe Monnaie SRL being involved in any kind of illegal activity.
Both international and local regulations require Globe Monnaie SRL to implement effective internal procedures and mechanisms to prevent money laundering, terrorist financing, drug and human trafficking, proliferation of weapons of mass destruction, corruption and bribery and to take action in case of any form of suspicious activity from its Users.
AML/KYC Policy covers the following matters:

  • Verification procedures.
  • Compliance Officer.
  • Monitoring Transactions.
  • Risk Assessment.

1. Verification procedures

One of the international standards for preventing illegal activity is customer due diligence (“CDD”). According to CDD, Globe Monnaie SRL establishes its own verification procedures within the standards of anti-money laundering and “Know Your Customer” frameworks.

1.1. Identity verification

Globe Monnaie SRL’s identity verification procedure requires the User to provide Globe Monnaie SRL with reliable, independent source documents, data or information (e.g., national ID, international passport, bank statement, utility bill). For such purposes Globe Monnaie SRL reserves the right to collect User’s identification information for the AML/KYC Policy purposes.
Globe Monnaie SRL will take steps to confirm the authenticity of documents and information provided by the Users. All legal methods for double-checking identification information will be used and Globe Monnaie SRL reserves the right to investigate certain Users who have been determined to be risky or suspicious.
Globe Monnaie SRL reserves the right to verify User’s identity on an on-going basis, especially when their identification information has been changed or their activity seemed to be suspicious (unusual for the particular User). In addition, Globe Monnaie SRL reserves the right to request up-to-date documents from the Users, even though they have passed identity verification in the past.
User’s identification information will be collected, stored, shared and protected strictly in accordance with the Globe Monnaie SRL’s Privacy Policy and related regulations.
Once the User’s identity has been verified, Globe Monnaie SRL is able to remove itself from potential legal liability in a situation where its Services are used to conduct illegal activity.

1.2. Required documents and optional requirements:

Up to November 04th 2019 we asked our users to upload at least 2 documents:

  • a color photo of a government issued identification document (local city id cards, driver license or passport)
  • a bank statement showing the same name, a clearly readable IBAN and proper bank identification

Note that users my send from and receive into these IBANs that they upload bank statements of. If a user sends money from other accounts, we ask them to upload documents for those accounts and only enable their funds after they upload proper documents.

Starting November 04th 2019 all new users will have to upload an additional identification element consisting of a picture/video including the following elements simultaneously:

  • the same government issued identification document uploaded above, fully visible with no covered areas
  • the owner of the document in a position with fully visible face and holding the document in one hand
  • a paper document containing a custom text generated on per-user basis in the other hand

Note that users may hold both documents in the same hand if taking the photo as a selfie, but must respect the requirement not to overlap them or any segment of their face.

Users may upload JPG/PNG files for photos or MP4 files for video. For video please ensure that the face and each document is properly focused at least consecutively if not simultaneously.

For users considered suspicious/high-risk we may ask that they upload video media with the above requirements as mandatory and no image option will be enabled.

 

1.3. Card verification

The Users who are intended to use payment cards in connection with the Globe Monnaie SRL’s Services have to pass card verification in accordance with instructions available on the GLOBE MONNAIE SRL’s Site.

2. Compliance Officer

The Compliance Officer is the person, duly authorized by GLOBE MONNAIE SRL, whose duty is to ensure the effective implementation and enforcement of the AML/KYC Policy. It is the Compliance Officer’s responsibility to supervise all aspects of Globe Monnaie SRL’s anti-money laundering and counter-terrorist financing, including but not limited to:

  • Collecting Users’ identification information.
  • Establishing and updating internal policies and procedures for the completion, review, submission and retention of all reports and records required under the applicable laws and regulations.
  • Monitoring transactions and investigating any significant deviations from normal activity.
  • Implementing a records management system for appropriate storage and retrieval of documents, files, forms and logs.
  • Updating risk assessment regularly.
  • Providing law enforcement with information as required under the applicable laws and regulations.

The Compliance Officer is entitled to interact with law enforcement, which are involved in prevention of money laundering, terrorist financing and other illegal activity.

3. Monitoring Transactions

The Users are known not only by verifying their identity (who they are) but, more importantly, by analyzing their transactional patterns (what they do). Therefore, Globe Monnaie SRL relies on data analysis as a risk-assessment and suspicion detection tool. Globe Monnaie SRL performs a variety of compliance-related tasks, including capturing data, filtering, record-keeping, investigation management, and reporting. System functionalities include:

  • Daily check of Users against recognized “black lists” (e.g. OFAC), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable;
  • Case and document management.

With regard to the AML/KYC Policy, Globe Monnaie SRL will monitor all transactions and it reserves the right to:

  • ensure that transactions of suspicious nature are reported to the proper law enforcement through the Compliance Officer;
  • request the User to provide any additional information and documents in case of suspicious transactions;
  • suspend or terminate User’s Account when Globe Monnaie SRL has reasonably suspicion that such User engaged in illegal activity.

The above list is not exhaustive and the Compliance Officer will monitor Users’ transactions on a day-to-day basis in order to define whether such transactions are to be reported and treated as suspicious or are to be treated as bona fide.

4. Risk Assessment

Globe Monnaie SRL, in line with the international requirements, has adopted a risk-based approach to combating money laundering and terrorist financing. By adopting a risk-based approach, Globe Monnaie SRL is able to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate to the identified risks. This will allow resources to be allocated in the most efficient ways. The principle is that resources should be directed in accordance with priorities so that the greatest risks receive the highest attention.

UPDATES

Globe Monnaie SRL may announce and amend its privacy policy on the platform of LDV Bank from time to time and the privacy policy shall be an integral part of this agreement.

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