Policies & Legal
BIT2ME INFORMS YOU THAT THESE TERMS AND CONDITIONS ARE EXCLUSIVELY APPLICABLE TO THE BIT2ME AFFILIATE PROGRAM. BY APPLYING TO JOIN THIS PROGRAM YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS APPLICABLE TO THIS PROGRAM EXPRESSLY.
THESE TERMS AND CONDITIONS CONSTITUTE A BINDING CONTRACT BETWEEN THE USER/AFFILIATE AND BIT2ME.
|"BIT2ME", "we", "us" o "ours"||BITCOINFORME, S.L. (from here onwards, "BIT2ME"), a limited liability company with N.I.F.: B-54835301 and address in Elche, calle Germán Bernacer, 69 - 03203 (Alicante), registered in the Registro Mercantil de Alicante, in volume 3828, page 110, Inscription 1 with Sheet A-143230, and with contact mail: email@example.com|
|"web page"; "web"||Online site through which BIT2ME provides its services as an "exchange" of "cryptoactives" and other related information society services.|
|"user"||A natural person who browses and uses the website on their own behalf or on behalf of a legal person, as well as those who use the BIT2ME exchange platform.|
|"affiliate program"||Remuneration program for users who invite third parties to join BIT2ME and make a purchase of one of the available cryptoactives.|
|"affiliate"||User who joins the BIT2ME affiliate program|
|"fees" o "benefits"||Remuneration that the affiliate receives for each user that joins the program and for each operation that each user makes.|
|"level of depth"||Sub-affiliate relationship of the new sub-affiliate with respect to the affiliate who shares its link. The affiliation levels are son, grandson and great-grandson.|
|"members"||direct members (hereinafter referred to as "members" or "children"),|
|"sub-affiliates"||affiliates (hereinafter referred to as "sub-affiliates" or "grandchildren"),|
|"subsub-affiliates"||Affiliates of sub-affiliates (hereinafter indistinctly "subsub-affiliates" or "great-grandchildren")|
|"rating level"||Stage in which each affiliate is located, determined by the accumulation of points for the number of operations carried out by its sub-affiliates, which will vary depending on the depth scale to which each affiliate belongs.|
|"wallet"||Virtual wallet in which the user or affiliate can deposit both their fiat currencies and their cryptocurrencies. A user can have as many wallets as he wishes.|
|"Referred"||A natural person who, on his own behalf or on behalf of a legal entity, registers as a user on the platform using a referral code.|
2. What is the program?
The affiliate program offers the possibility for registered users of BIT2ME to receive remuneration in exchange for referring the services of BIT2ME to third parties who finally register and make one or more acquisitions of cryptoactives through the platform. Remuneration will be calculated on the number of users who create accounts and perform crypto-currency acquisition operations.
3.1. The present terms and conditions regulate a binding collaboration agreement between the affiliates and BIT2ME; by which the affiliates will carry out commercial prospecting for the services of BIT2ME and its affiliate program.
3.2. Affiliates shall be responsible for determining, at their own risk, the most effective manner in which to execute the commercial prospecting activities inherent in the Affiliate Program by the means offered by BIT2ME, as well as the frequency with which such activities are carried out, at all times in compliance with the applicable terms and conditions.
3.3. The affiliates will be solely responsible for the means, technologies and third parties they employ to carry out the commercial prospecting activities. Therefore, the affiliates are free to hire as many providers as they wish to carry out their activity as affiliates.
3.3.1. The affiliates will be solely responsible for the suppliers they hire, both for their management, control, payments, or any other obligations arising from the relationships they sign with such third parties.
3.4. Any activity carried out under this affiliate program will be consistent with the terms and conditions set forth herein, but at no time does BIT2ME obligate affiliates to carry out certain or specific activities.
3.5. Affiliates will be solely responsible for compliance with any obligations arising from their activity, be they tax, social security or any other type.
3.6. The relationship between BIT2ME and the affiliate will at all times be one of independent parties and in no case will the collaboration agreement established here imply any labour, commercial or other type of dependence. Each of the parties acts under its own account and risk, without the responsibilities or obligations associated with the activity of each of them being transferable to the counterpart.
3.7. The affiliate agrees not to link BIT2ME with any third party, be it public, private or other affiliates. The affiliate will not be considered as an employee, agent or commercial of BIT2ME in any case, neither for the purpose of complying with tax, social security or other obligations, nor for any other effect. In the event that by legal or judicial implications the affiliate is considered an agent, representative or employee of BIT2ME the affiliate agrees to undertake to indemnify, keep safe and defend BIT2ME from damages, direct or indirect, or other obligations arising from claims brought by any person or entity in such cases.
4. Registration in the program
4.1. The affiliate, by his registration, agrees to provide both at the time of registration and at all times during his relationship with BIT2ME true, complete and updated information.
4.2. BIT2ME reserves the right to refuse any registration that does not respect, or is not in accordance with, the standards set forth by these marks.
4.3. Each user may register for a single affiliate account, and in the event that BIT2ME detects an attempt to create a second account, it reserves the right to refuse such registration and take further action.
5. Description of the program
The main features of the programme are set out below.
5.1. No membership limit. Affiliates may invite as many users or persons as they wish, without any limit.
5.2. Depth of affiliation. Each affiliate may obtain benefits of up to 3 levels of sub-affiliation. Thus, each affiliate may have multiple sources of income, from direct affiliates ("children") to two more levels of sub-affiliates, i.e. affiliates of affiliates ("grandchildren"), and affiliates of sub-affiliates ("grandchildren").
5.3. Length of affiliate membership La condición de hijo, nieto o bisnieto referido a un afiliado que haya compartido su enlace se mantendrá de forma permanente, sin límite de tiempo.
5.4. Score levels. Up to 5 benefit levels have been designed, depending on the points accumulated by the member. Each level will determine the generation of a lower or higher amount of fees. The criteria to reach the levels and their associated benefits will be indicated by BIT2ME in the following comparison table.
5.4.1. BIT2ME reserves the right to unilaterally modify the requirements of the different levels and the benefits associated with them. Such updates will be notified to members by the means available (web, app, email, etc.)
5.5. Links. Each affiliate will have an unlimited number of links, which will allow them to segment and analyze in greater detail the profitability and fees generated by their activity through the means provided by BIT2ME.
5.6. Benefits for subaffiliates. For each purchase that a sub-affiliate makes through BIT2ME, as long as it is over 100.00 Euros, the sub-affiliate will receive a bonus of 5.00 Euros that will be immediately credited to their wallet. Please note that both the use and withdrawal of this benefit apply the considerations referred to in point 7 and the conditions applicable to wallets.
6. How the affiliate program works
6.1. The user will be registered as an affiliate, he only needs to have previously registered as a user in our BIT2ME exchange.
6.2. Access your affiliate control program and create a code.
6.3. Share that code. The affiliate may share his or her code with one or more people.
6.4. The affiliate will be able to analyse, manage his balance and control the profitability of his activity as an affiliate from the control panel that BIT2ME makes available to him.
6.5. From his own control panel, the affiliate will be able to manage the fees obtained in accordance with these terms and conditions, as well as those governing the main service of BIT2ME.
6.6. Generation and use of links. The generation of links is totally unlimited, each affiliate will be able to generate as many links as they wish, this way BIT2ME offers the affiliates a tool that allows an analysis of the efficiency and profitability of the actions that independently the affiliates carry out as such.
6.6.1. Cookies associated with the link. The cookie associated to the affiliation link has a maximum duration of thirty (30) days, so the access, registration and sale of crypto by a potential sub-affiliate that takes place within the first thirty (30), will give the condition of sub-affiliate and therefore generate income to the affiliate. On the contrary, if the potential sub-affiliate accesses, but does not register, and acquires crypto within a maximum period of thirty (30) days from the access through the link, these operations will not bring any benefit to the affiliate and therefore the affiliation chain will be broken.
6.7. The cookies associated with the link generated by an affiliate do not track user activity on different devices, so access to the link by a potential sub-affiliate must be made from the same device through which it accessed the link received. That is, if the registration and purchase of crypto by a user and access through the same link is made from different devices, the purchase made by this new user will not generate fees for the affiliate that has shared the access link.
6.8. Sub-affiliate consideration. A user will be considered a sub-affiliate and therefore will report benefits to an affiliate as long as they log in and register at BIT2ME through a link generated and sent by an affiliate. On the contrary, if a user receives a link from an affiliate, accesses it but does not register, and then registers by a different means than the link provided, it will not be considered a sub-affiliate and therefore will not generate benefits for the affiliate.
7. Economic terms
IN ADDITION TO THESE TERMS AND CONDITIONS, AS REGARDING THE ECONOMIC CONDITIONS OF THE AFFILIATE PROGRAM OF BIT2ME WILL KEEP AT YOUR DISPOSAL A SUMMARY TABLE THAT DETAILS THE FAITHS FOR PARTICIPATION IN THE AFFILIATE PROGRAM CLASSIFYING THEM BY SOURCE OF INCOME, SAME DEPTH AND EXISTING SCORE LEVELS (hereinafter referred to as "benefit table") IN CASE OF CONTRADICTION BETWEEN THESE TERMS AND THE TABLE OF BENEFITS, THE LATTER SHALL PREVAIL.
7.1. The fees for participating in the affiliate program will be calculated and paid in EURO currency (€).
7.2. In the event of a breach of any of the terms or conditions set out herein, or in any way contravening the legislation applicable to the activity, the Affiliate will lose its status as such and will therefore cease to receive any fees that might have been paid to it subsequent to the time at which it was notified or became aware BIT2ME of the breach, without any right on the part of the Affiliate to claim from BIT2ME for such items.
7.3. Fees will not be paid to the affiliate wallet as long as, and as long as it is considered by BIT2ME:
7.3.1. it is demonstrated that the member has not conducted its activities as a member in accordance with these terms and conditions, or the applicable law;
7.3.2. BIT2ME it is demonstrated that the member has not conducted its activities as a member in accordance with these terms and conditions, or the applicable law;
7.4. Sources of remuneration. The affiliate may obtain fees from up to two different sources, regardless of the depth of the fee:
7.4.1. the registration and first purchase of your child, grandchild or great-grandchild.
7.4.2. the registration as a user and first purchase of your child, grandchild or great-grandchild.any transaction performed by one of your children, grandchildren or great-grandchildren, without time limit.
7.5. Remuneration process. In consideration of the provisions of Clause 6 above, the member, by complying with these terms and conditions and carrying out the activities of the Affiliate Programme, shall receive remuneration in accordance with the applicable Schedule of Benefits.
7.6. Calculation of the remuneration. The fees to be received by the affiliates will be calculated using as a basis the total commission that BIT2ME obtains for the operations carried out by each user regardless of whether the user is a child, grandchild or great-grandson.
7.6.1. The level of depth, i.e. whether the sub-affiliate is a child, grandchild or great-grandchild will determine the percentage on BIT2ME's fee.
7.6.2. The level of points accumulated until the time the sub-affiliate makes the transaction will determine a sum that is added to the benefit that the user would obtain as a fee.
7.7. Limit of remuneration. Each affiliate will be able to obtain up to 1,000.00 euros gross.
7.8. Recurrence of payment of remuneration. BIT2ME will make immediate payments to the affiliate wallet in EUROS (EUR) as soon as BIT2ME receives the commission for the operation carried out by the sub-affiliate. So that, once the operation has been carried out by the sub-affiliate, and the commission has been received from BIT2ME the affiliate will receive in his wallet on the platform of BIT2ME the fees for participation in the affiliate program.
7.8.1. In case the affiliate has several wallets in his user profile of BIT2ME, he can select in which of them he will receive the fees.
7.9. Withdrawal of benefits. Affiliates will accumulate fees on their wallet from the first registration and operation of the first affiliate. This amount will be available to the affiliate at the time the transaction is registered in the network of the crypto currency of choice. The affiliate will be free to use the generated fees.
7.10. Availability of benefits. The fees obtained as an affiliate will be available in EUROS in the wallet selected by the affiliate from the moment the operation of the sub affiliate has been confirmed. The affiliate will be able to carry out the following operations with the fees:
7.10.1. Withdrawal and transfer to your bank account or declared payment method
7.10.2. Sending to third users, either within BIT2ME or by means of the acquisition of cryptocurrencies and their subsequent sending to the recipient's wallet
7.10.3. Acquisition of cryptocurrencies of your choice.
7.10.4. Exchange for services offered within or outside of BIT2ME.
8. Obligation of affiliates
8.1. The Affiliate warrants and represents that it will comply with any legislation, rule or regulation applicable to its activity as an Affiliate.
8.2. The affiliate will at all times refrain from providing advice, counsel or guidance related to affiliate activity, investments, benefits, or adequacy of the affiliate program.
8.3. The affiliate shall at all times refrain from sending affiliation links or invitations to residents of third countries where cryptoactives or cryptocurrencies are prohibited or subject to potential confiscation measures, such as Cuba, North Korea, Syria, Iran, or any others of which the affiliate or BIT2ME has knowledge or notice at the time of the affiliation activities and for the duration of such program.
8.3.1. In the event that the affiliate, during its participation in the affiliate program, becomes a resident of one of the above mentioned countries or any other country where the criptoactives or criptomonedas are prohibited or subject to potential confiscation measures, the affiliate will no longer be eligible to generate fees through the affiliate program.
8.4. Except for what is directly related to the development of activity as an affiliate, the affiliate may not use the logos, images, graphic elements or similar of BIT2ME.
8.4.1. At all times the Affiliate, when using the BIT2ME image, or badges will take into account the usage and formatting guidelines published on the BIT2ME website (https://bit2me.com/brand).
8.5. In carrying out your activities as a member, you will at all times follow the following guidelines and considerations:
8.5.1. the member shall at all times comply with the applicable legislation on data protection in force, ensuring compliance with the basic principles, as well as ensuring that its processing is lawful, legitimate, transparent, loyal and in accordance with the provisions in force;
8.5.2. are considered, by way of example but not limitation, as permitted commercial or commercial prospecting actions (always at the affiliate's own risk): newsletters previously agreed to by the user, where the affiliate will always be the direct sender, content published on blogs or other portals, dedicated e-mails, pre-programmed sales announcements, or any other paid, legal search activity that does not contravene applicable regulations or any provisions in this agreement;
8.5.3. are considered, by way of example but not limitation, as permitted commercial or commercial prospecting actions (always at the affiliate's own risk): newsletters previously agreed to by the user, where the affiliate will always be the direct sender, content published on blogs or other portals, dedicated e-mails, pre-programmed sales announcements, or any other paid, legal search activity that does not contravene applicable regulations or any provisions in this agreement;
8.5.4. use of commercial prospecting techniques that are not permitted by third-party websites, or that contravene applicable regulations;
8.5.5. perform commercial actions on websites or apps or other media that contain or reference content from the following categories: political, adult, pornographic, weapons, graphic violence (real, simulated or virtual), alcohol, drugs, tragedies, accidents, socially sensitive issues, gambling, content in general that may be offensive, profane, hateful, threatening, harmful, defamatory, harassing or discriminatory (based on any grounds, whether based on race, ethnicity, religion, belief, gender, sex, sexual orientation or identity, creed, disability), or inciting any illegal behaviour;
8.5.6. no se transmitirá o se aprovechará las acciones como afiliado para transmitir contenido que pueda ser calificado como malware, software de rastreo o seguimiento ilegal o cualquier tipo de contenido descargable;
8.5.7. under no circumstances shall any advertising, commercial, or prospecting or dissemination action be taken that may be considered fraudulent, that contains or refers to the content expressed in clause 8.5.5, or that is carried out by unlawful or illegal means or in a manner that contravenes applicable law;
8.5.8. the use of social networks for the promotion of the BIT2ME affiliate program is permitted, provided that the applicable rules on data protection, privacy of electronic communications and information society services, among others, are strictly observed;
8.5.9. Bajo ninguna circunstancia se permitirá al afiliado utilizar los enlaces de otros afiliados o del suyo propio BIT2ME, transmitirlos, difundirlos o comunicarlos a través de cualquier medio y especialmente de las redes sociales, incluso mediante el uso de campañas pagadas como los anuncios de Google o Facebook.
8.6. In addition to the above, and without prejudice to others described in the terms and conditions, it is a principal requirement to comply with the most current version of these terms and conditions, which may be modified by BIT2ME at its discretion and whose update will be communicated through the available means (app, website, etc.).
8.7. The affiliate must maintain an updated and reliable record of the activities it carries out as an affiliate of BIT2ME, as well as strict compliance with the terms and conditions set out herein. If necessary, the affiliate shall show such records to BIT2ME or any third party designated by the latter to verify compliance with the terms and conditions, and the rules of participation.
8.8. Failure to comply with any of the provisions, warnings or limitations set forth above, either directly or indirectly, relating to exactly what is predisposed to a form similar to this one, will be considered a material breach of contract; thus causing the loss as an Affiliate to BIT2ME.
8.9. You shall at all times ensure that, in the event that you encourage your children, grandchildren or great-grandchildren to create membership accounts, they are aware of these terms and conditions and therefore comply at all times with the participation guidelines described herein.
8.9.1. The affiliate will not be responsible for the activity of third party affiliates (whether children, grandchildren, or great-grandchildren) provided that these terms and conditions have been complied with and information on the operation of the program has been transmitted in a transparent and fair manner.
8.10. In the event of a material breach of the terms described above or a contravention of the considerations and limitations set out above, the Affiliate agrees and undertakes to hold harmless Bit2MEs from any claim, damage or injury, direct or indirect, claimed by any third party, arising out of its activities as an Affiliate, without limit.
8.11. Within a period not exceeding five (5) days, the affiliate shall notify BIT2ME of any claim, request or similar, from third parties, natural person, company, entity, corporation, or media company, in relation to its activities as an affiliate, whether or not these have produced a damage.
9. Role on behalf of affiliates and applicable taxes
9.1. The affiliate authorizes BIT2ME, by accepting this agreement, to issue invoices on its behalf for its services in accordance with Article 5 of the Invoicing Regulations in force, according to which, the obligation to issue an invoice can be fulfilled by the recipient of the transactions.
9.2. If you are an individual resident in Spanish territory, BIT2ME will impose the general income tax deduction percentage in force on the total of the invoice. In the event that the affiliate benefits from the reduced withholding tax rate for commencement of activity, the affiliate may maintain the withholding tax percentage in the affiliate area of BIT2ME.
9.3. For members who are individuals or legal entities not resident in Spain and domiciled in countries without double taxation agreements with Spain, the IRNR (Non-Resident Income Tax) in force will be withheld from the total invoice.
9.4. In the case of being subject to VAT, the affiliate invoice will include the percentage of tax corresponding to the tax legislation in force. The amount of the commission, if applicable, will be understood to include VAT.
9.4.1. The affiliate will immediately update its details if it changes its VAT identification number
9.4.2. If the affiliate is a tax resident in a European Union country it must have a tax identification number for the purposes of intra-community VAT (VAT number) and BIT2ME will check its validity in the Register of Intra-Community Operators. Otherwise, you will not be able to issue invoices on your behalf.
9.5. An invoice will be issued for each fee generated by the affiliate.
9.6. BIT2ME WILL PROVIDE A COPY OF EVERY BILL ISSUED TO THE MEMBER, WHO WILL HAVE TO EXAMINE IT AND, IF YOU DO NOT REPORT ANYTHING TO BIT2ME WITHIN TEN NATURAL DAYS FROM THE DATE OF ISSUANCE, YOU WILL BE CONSIDERED TO ACCEPT IT AS CORRECT.
9.7. The fees will be paid in the wallet of the affiliate at the time of its generation, without prejudice to the period of review of the invoice established in clause 9.6. above.
9.8. IN ANY CASE, THE AFFILIATE WILL BE SOLELY RESPONSIBLE FOR COMPLYING WITH ITS TAX AND SOCIAL SECURITY OBLIGATIONS IN HIS RESPECTIVE COUNTRY, THROUGH THE BILLS ISSUED BY BIT2ME IN HIS NAME.
9.9. BIT2ME reserves the right to temporarily or permanently suspend the status and activity of affiliate if incidents of a fiscal nature arise, in which it has official notification from the bodies involved of the affiliate's failure to comply with its fiscal obligations.
10. Privacy - Protection of personal data
10.1. In accordance with clause 8.5. 1 and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (hereinafter RGPD), of the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter LOPDGD) and any other applicable data protection regulations, the user shall at all times respect the privacy and data protection rights of users and consumers, providing at all times transparent, concise, intelligible and easily accessible information about the means, purposes, operations, and any other details associated with the processing of your data.
10.2. The processing of the data by the affiliates for the purpose of providing the commercial prospecting services covered by this contract will be carried out at all times in their capacity as data controller, and will be totally independent of the processing activities carried out by BIT2ME in its capacity as exchange and information society service provider.
10.3. The data provided by both the affiliates and BIT2ME for the signing of this contract will be treated with the purpose and legal basis of the management of the contractual management and the maintenance and development of commercial relations based on the legitimate commercial interest of both. In this regard, the data will be kept for the duration of the legal relationship or until the deletion of the data for commercial processing is requested. Once the legal relationship has ended or deletion of the data has been requested, the data shall be kept at the disposal of the public administration, judges and courts for the duration of any legal proceedings applicable to the processing of their data. Affiliates and BIT2ME have the right to access their personal data, rectify inaccurate data or request the deletion, limitation, opposition and portability of their data. To this end, they must send a communication, expressly indicating the right they wish to exercise. It is recalled that they have the right to complain to the Spanish Data Protection Agency and that they may oppose the processing of data for commercial purposes. For any matter related to the processing of data of natural persons by BIT2ME you may contact the Data Protection Delegate at the following e-mail address firstname.lastname@example.org.
10.4. Through the control panel that BIT2ME makes available to the affiliate to perform balance management functions and profitability control through the generated fees, it is possible for the affiliate to access personal data under the responsibility of BIT2ME. In these cases, the affiliate will be configured as a PROCESSING AGENT for personal data under the responsibility of BIT2ME, accepting the conditions established in the processing agent contract attached as ANNEX 1 to these General Conditions.
10.5. Likewise, the affiliate commits to treat confidentially the personal data to which he has access related to the present affiliate program and is obliged to the professional secret regarding them, obligations that will subsist even after the end of the service. This duty of secrecy extends to all those personal data that are the responsibility of other companies in the Group BIT2ME and to which it must have access in order to provide the service.
10.6. The systems, supports and tools that are made available for the provision of the services are subject to proper use and must comply with the security regulations in force at all times. Likewise, you know and accept the GENERAL CONDITIONS OF THE SERVICES of BIT2ME available at: https://bit2me.com/legal/terms
10.7. The Affiliate expressly acknowledges and agrees to hold Bit2ME safe and harmless from any claim, for damages or any other, direct or indirect, arising directly or indirectly from the activity performed by the Affiliate by virtue of its participation in the Bit2ME Affiliate Program
11. Modification of the conditions
11.1. We reserve the right to make any changes and modifications to the general conditions at any time.
11.2. Any change in the conditions or any of the legal texts hosted on the website will be notified by email and/or on the website and/or app.
12. Non-compliance and liability
12.1. In the event of non-compliance, we reserve the right to exercise at any time, within the legal time limits, any legal action or claim.
12.2. The affiliate shall defend, indemnify and hold harmless Bit2MEs from and against any loss, damage, moral - including reputational - or economic - both from what is not perceived and the actual damage suffered -, liability, deficiencies, claims, actions, judgments, settlements, interest, fines, penalties, costs, or expenses of any kind, including substantiated fees of notaries public, attorneys, solicitors and experts and any other expenses or costs related to the exercise of a right to compensation incurred by BIT2ME resulting from the claim, proceedings, action brought by a third party in relation directly or indirectly to (i) the lack of diligence of the affiliate in not complying with its respective obligations in tax and social security matters; (ii) failure to comply with any obligation or principle associated with the processing of data as a responsible and co-responsible party; (iii) failure to comply with, disregard or contravene any other regulation applicable to its activity as an affiliate.
13.1. The partial or total cancellation of any of the clauses of these conditions will not affect the validity of the rest, so that it will remain in force until the time of expiry of its validity.
13.2. In case of questions of interpretation relating to these conditions, the meaning of the remaining conditions should be considered so that the integration of new solutions is as close as possible to the replaced text.
13.3. These conditions, and any documents expressly referred to in them, constitute the entire agreement between the affiliates and supersede any prior covenants, agreements or promises.
13.4. The headings of the various clauses are for information purposes only and shall not affect, qualify or extend the interpretation of this contract.
14. Applicable Jurisdiction
14.1. The affiliates agree and accept to submit any issue to the Courts and Tribunals of the province of Alicante, with express waiver of any other jurisdiction, if any, for the case of litigation arising from the interpretation, execution or termination of this contract, which will be resolved in accordance with the applicable provisions of Spanish law.
contract between the person responsible (BIT2ME) and the person in charge (affiliate) of the processing of personal data
I.- CONTRACT BETWEEN RESPONSIBLE (BIT2ME) AND IN CHARGE (affiliate) OF THE PROCESSING OF PERSONAL DATA THE affiliate in its management function through the control panel to carry out functions of balance management and control of the profitability of the fees generated by the referred persons or clients of BIT2ME may access personal data under the responsibility of BIT2ME.
II.- In accordance with Article 28 of Regulation (EU) 2016/679, General Data Protection (hereinafter RGPD), access by affiliates to personal data under the responsibility of Bit2Me for the provision of services must be regulated in a written contract.
Both PARTIES agree to the granting of this Annex I, which shall be regulated by the RGPD, by Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights (hereinafter referred to as LOPDGDD) and other applicable implementing regulations and, in particular, by the following:
1.1. The purpose of this data processor contract is to establish the terms under which the affiliate, as data processor, may access the personal data included in the personal databases owned by BIT2ME or its Clients, necessary for the provision of affiliation and commercial prospecting services, as well as the duties and obligations to be assumed with respect to such data.
The treatment will consist of:
The access to the control panel that BIT2ME makes available to the affiliate to perform balance management and profitability control functions.
In order to carry out these treatments it will be necessary to carry out the following actions:
- Communication by transmission
1.2. BIT2ME, will only make available to the member the personal data that is strictly necessary for the provision of the treatment described above.
This contract will come into force from the date of its signature and will have the same duration as the work to be carried out by the member for BIT2ME.
Notwithstanding the foregoing, the parties shall be bound by those obligations which, by their nature, survive termination
3. Types and category of personal data processed
|Activity log||Types of data||Categories of interested parties||Level of security|
|Referrals||Information regarding commissions on purchases and sales of Krypton currencies||Clients||Low|
4. Obligations of a member as a member in charge of treatment
4.1. The affiliate will only process the personal data in accordance with the instructions and purposes provided by BIT2ME, the Data Controller. In the event that the affiliate uses the data for another purpose, communicates it or uses it in breach of the clauses of this Agreement, he or she will be considered the Data Controller, and will be personally liable for any infringements incurred.
4.2. The affiliate agrees to comply with BIT2ME's organizational and security measures in relation to the data to which it has access during the performance of its contracted functions, in accordance with clause 6 of this Agreement.
4.3. The affiliate undertakes to assist BIT2ME when necessary to comply with its Data Protection obligations, especially so that it can prove that the affiliate has complied with its obligations as Data Controller and with regard to Articles 33 to 36 of the RGPD (Impact Assessments, Security Violations and Prior Consultations).
4.4. Once the contractual service has been fulfilled, the personal data to which access has been gained must be destroyed or returned to BIT2ME, as well as any support or document which contains any personal data which is the object of the processing, unless there is a legal obligation of custody.
5. Bit2Me Obligations
BIT2ME undertakes to inform the affiliate, immediately and by any means which leaves a record of it, of any modification or cancellation affecting the personal data to which the affiliate has access as a result of the provision of the services which are the object of this contract and which are necessary for its fulfilment.
6. Security measures
Since the data will be processed through the BIT2ME network, the affiliate agrees to comply with internal regulations regarding security and data protection. To this end, BIT2ME will store a copy of the referred security policies in the platform so that they can be known and complied with by the affiliate.
In addition, the affiliate commits to establish the minimum security measures of the RGPD and the LOPDGDD in its own devices in order to comply with the foreseen standards of information security.
7. Confidentiality and professional secrecy
The affiliate undertakes to observe the duty of professional secrecy with regard to the personal data being processed, maintaining absolute confidentiality and reserve regarding them. These obligations will persist even after the end of their relationship with BIT2ME
The member will not communicate the personal data to which he has access by virtue of this contract, even for its conservation, to other persons.
8. Confidentiality of the parties
8.1. Each PARTY shall be liable, insofar as it is concerned, for administrative penalties and damages caused by the breach of obligations under data protection legislation.
8.2. Each of the PARTIES agrees to indemnify the other for any losses, claims, liabilities or proceedings, including fines and penalties, which the non-infringing party may suffer as a result of the breach of personal data protection regulations by the offending party.