Terms and Conditions

These terms and conditions govern your use of service provided by KLICKL EUROPE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, incorporated on 21 August 2023 (KRS number 0001053580), whose registered office is at ul. BARTYCKA 22B / 21A, 00-716 WARSZAWA, poczta WARSZAWA, kraj POLSKA, hereinafter referred as Klickl.

Klickl provides services in the exchange of fiat currency for cryptocurrency, and cryptocurrency for fiat currency (hereinafter in the text referred to as “Exchange Services”) as well as custodian cryptocurrency wallet services enabling you to hold, store, transfer, and manage your balances of supported cryptocurrencies (hereinafter in the text referred to as “Custodian Wallet Services”) (hereinafter both together in the text referred to as “Services”).

The Services are available via Klickl platform (hereinafter in the text referred to as “Platform”) exclusively. The Platform is a partially automated online system located on https://klickl.eu/ (hereinafter in the text referred to as “Website”) and on the Klickl app (Klickl: Buy Bitcoin instantly). By accessing the Platform and using the Services, you agree that you have read, understood, and accepted all of the terms and conditions of Klickl.

Klickl has the right to unilaterally change and modify terms and conditions at any time. Such changes and modifications will become effective upon publication on the Website (https://klickl.eu/policies/terms-of-service/). Accessing the Platform and using the Services constitutes your acceptance of the terms and conditions published on the Website at the moment of accessing the Platform. If you do not agree with the terms and conditions of Klickl published on the website, you must stop accessing the Platform and using the Services immediately. The continued use of Klickl Services, after any amendment to these Terms, constitutes your acceptance of the amended Terms.

1. Definitions

"You / your" or "the Customer" means a natural (physical) or legal person who has agreed to all terms and conditions of Klickl, as well as other relevant policies, and uses the Services available on the Platform.

"Your Account" means an account created by you on the Platform. You may create only one account. By using Your Account, you agree that you will use the Services only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs on your account. Klickl may, at its sole discretion, refuse to open an account for you, or suspend or terminate any existing account.

"Your Wallet'' means your cryptoasset wallet which is generated on the Platform by Klickl, at your request.

"Stored Cryptoassets” means cryptoassets that you store in Your Wallet. The ownership of the Stored Cryptoassets remains with you. Klickl may not borrow, sell, transfer, loan, encumber or pledge the Stored Cryptoassets without your consent, except when Klickl is required to do so by the relevant regulations. You bear all risks of the Stored Cryptoassets as the owner of the Stored Cryptoassets.

"Order” means (i) purchase of cryptocurrency by you from Klickl via the Platform; or (ii) sale of cryptocurrency to Klickl by you via the Platform; or (iii) your initiated deposit of cryptoassets to Your Wallet; or (iv) your initiated withdrawal of the Stored Cryptoassets to another public blockchain address. Each Order within the meaning of Point (i) and (ii) of the present Paragraph is a two-party transaction involving only Klickl and you.

2. Main Principles for Provision of the Services

Klickl reserves the right to request additional information and documents from you if required by applicable law and Klickl’s internal procedures. If you do not provide the requested information or documents, Klickl may limit your access to the Platform.

The list of available cryptoassets may change without prior notice.

Klickl does not provide financial/investment advice to you. Klickl is not a bank. Cryptocurrencies are highly volatile assets, which means their price can move from extreme highs to extreme lows and vice versa within a short period of time.

All information provided by you during the use of the Services will be treated in accordance with our Privacy Policy.

3. Processing of Orders

All Orders are processed through KLICKL EUROPE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

Klickl is not responsible for delays or failures in the handling of orders arising as a consequence of any problems in the telecommunications, computer and other systems; block or closure of the accounts, freezing or holding of funds, denial of service; change of political regimes, civil strike; and actions of third parties, which are beyond the control of the Platform. An order is considered to be completed when: (i) Klickl makes a transfer of the required cryptocurrency amount to your cryptocurrency wallet (if you purchase cryptocurrency); or (ii) Klickl makes a transfer of the required fiat amount to your indicated account (if you sell cryptocurrency); or (iii) you receive the required amount of cryptoassets to another public blockchain address indicated by you.

Klickl may charge a fee for processing of the order. You will be informed of the applicable fee before authorizing the order.

If you provide inaccurate or false information while filling out the order (including but not limited to a bank account number that belongs to a third party), which later proves to be the reason why the order cannot be completed, the fees associated with the order refund shall be borne by you.

The return of the transferred funds is not possible after the order is completed.

If the amount of cryptocurrency received is different by more than 20% from the amount indicated in the order, Klickl may unilaterally reject the order.

Due to the volatile nature of cryptocurrency markets and the fact that prices can fluctuate significantly, there may be instances where the price of cryptocurrency amount has moved between the time an order is submitted and the time when the order is processed. Instances like this are rare, but may happen. If the cryptocurrency amount to be sent to you differs by more than 2% between the time the order is submitted and the time the order is processed, Klickl reserves the right to reject the transaction and contact you to inform you about the new amount of cryptocurrency to be paid out. You have the option to either withdraw or proceed with the transaction at the new rate.

In the implementation of the return, all commission costs for the cryptocurrency or fiat money transfers are deducted from the funds received from you.

Klickl reserves the right to temporarily hold the funds transferred to it from you if there are attempted attacks on the server, as well as any attempts of hacking and cheating scripts of the Website. The funds will be returned to you via the same method of payment upon request.

By using the Services, you agree that the liability of the Platform is limited to the funds received from you for the execution of the order. The Platform does not provide additional warranty and assumes no additional liability to you.

Klickl reserves the right to refuse to process or to cancel any pending order.

4. Liability and Indemnification

Klickl undertakes to make reasonable efforts to ensure that orders are processed in a timely manner, but Klickl makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors beyond the control of Klickl.

The Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied, or statutory. Klickl does not guarantee that any order will be accepted. You hereby understand and agree that Klickl shall not be liable for any losses or damages arising out of or relating to: (i) any inaccuracy, defect, or omission of cryptocurrency price data, (ii) any error or delay in the transmission of such data, or (iii) interruption in any such data.

To the maximum extent permitted by applicable law, in no event shall Klickl, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors be liable for any lost profits, decrease in value or business opportunity, any loss, damage, corruption or breach of data, or any special, incidental, indirect, intangible, or similar damages, arising in connection with authorized or unauthorized use of the website or the services, or these terms and conditions, except to the extent of a final judicial determination that such damages were a result of Klickl’s fraud, willful misconduct or intentional violation of applicable law.

You agree to indemnify Klickl, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages connected to (i) your use of the services, (ii) your violation of these terms and conditions, or (iii) your violation of other policies, guidelines or instructions of Klickl, or (iv) your violation of any applicable law, regulation, or rights of any third party during your use of the services.

You acknowledge that Klickl is not liable for actions of third parties providing investment or financial advice, investment services, or other kinds of services to you through the Platform. Klickl strongly encourages you to use the cryptocurrency wallets under your direct control. Klickl cannot be held accountable if you send the purchased cryptocurrency to a cryptocurrency wallet outside of your control.

5. Acceptable use

While using the services, you unconditionally agree to the following:
-You will not act illegal, defamatory, threatening, intimidating, or harassing;
-You will not impersonate someone;
-You will not disguise your location through IP proxying or other methods;
-You will not violate, misappropriate, or infringe the rights of publicity, intellectual property, or other proprietary rights; and
-You will not violate any applicable law or regulation.

6. Resolution of Disputes & Applicable Law

Klickl and you agree that any disputes arising between us shall initially be attempted to be resolved by mutual negotiations. In such a case, you shall contact Klickl by sending an email describing the dispute to support@klickl.eu, and Klickl shall contact you via the email that was used for registration or any other information that you provided to Klickl in order to access the Platform.

The provisions of the Services shall be governed by and interpreted in accordance with Polish and EU Law, and the parties submit to the exclusive jurisdiction of the Polish courts.

7. Form of the Terms and Conditions

You and Klickl acknowledge that the digital form of these terms and conditions is legally equal to the terms and conditions executed in a written form and signed by both parties.

8. Third Parties

Klickl may share and transfer (including cross-border transfer) personal information about you to our third party partners in accordance with our Privacy Policy, and as prescribed by applicable law.

9. Termination Policy

Klickl reserves the right to terminate your access to and use of the services, at our sole discretion, at any time and without notice to you.

You may terminate your account on the Platform at any time.

10. Eligibility

Klickl prohibits the provision of the services in certain jurisdictions (hereinafter in the text referred to as “restricted jurisdictions”) in accordance with our regulatory obligations.

At the point of registering the account, you represent and warrant that you:
-are of legal age to form a binding contract (at least 18 years old);
-have not previously been suspended from using the Services;
-are not located in, or is not a resident of any restricted jurisdictions; and
-will not use the services if any applicable laws in your jurisdiction prohibit you from doing so.

Klickl has the right to reject your orders and freeze the stored cryptoassets in Your wallets if we detect that you provided us with false or misleading information regarding your eligibility to use our service.

The list of restricted jurisdictions for the provision of the services includes: Abkhazia, Afghanistan, Akrotiri and Dhekelia, Antarctica, Artsakh, Burkina Faso, Central African Republic, Congo (Democratic Republic of), Crimea, Donetsk People Republic, Haiti, Hawaii, Heard Islands and McDonalds Islands, Iran, Iraq, Kosovo, Libya, Lugansk People Republic, Mali, Myanmar, Nicaragua, North Korea (Republic of), Pakistan, Palestinian Territory, Somalia, South Ossetia, South Sudan, Syria, Transnistria, US Minor Outlying Islands, US Virgin Islands, USA, United Kingdom,Russia,Western Sahara, Yemen, Zimbabwe, and geographies with unrecognized or disputed status.

11. Refund Policy

Please see the detailed refund policy in the Refund policy section

12. Complaints Policy

Klickl will always strive to provide an efficient and professional service and will aim to provide prompt, courteous, and informative advice in respect of every communication received.

You have the right to complain about the Services. The complaints should be communicated to Klickl by sending an email to complaints@klickl.eu. Klickl undertakes to deal with each complaint and issue a response within 15 days of the initial complaint. Where the matter cannot be resolved in 15 days, Klickl will issue a holding response explaining the reasons for this and informing you of steps being taken to resolve the complaint while striving to make a summary resolution in 35 days. KLICKL records and analyses all complaints to improve the Services.

13. Language Clause

These Terms and Conditions may be translated into other languages as well to facilitate their understanding by customers. Notwithstanding this translation, it is expressly agreed between the parties that in the event of a dispute, only the English version of these Terms and Conditions shall be binding between the parties.

Privacy Policy

KLICKL EUROPE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, incorporated on 21 August 2023 (KRS number 0001053580), whose registered office is at ul. BARTYCKA 22B / 21A, 00-716 WARSZAWA, poczta WARSZAWA, kraj POLSKA, and our partners (hereinafter, "KLICKL", "we", "us" or "our") are committed to protecting and respecting your privacy.

This Privacy Policy describes how Klickl Europe Limited (or “Klickl”) collects and processes your personal information through the Klickl websites and applications that reference this Privacy Notice. Klickl refers to an ecosystem comprising Klickl websites (whose domain names include but are not limited to https://klk.trade/, mobile applications, clients, applets and other applications that are developed to offer Klickl Services, and includes independently-operated platforms, websites and clients within the ecosystem. “Klickl Operators” refer to all parties that run Klickl, including but not limited to legal persons, unincorporated organisations and teams that provide Klickl Services and are responsible for such services. “Klickl” as used in this Policy includes Klickl Operators. Klickl operates both as a data controller and data processor.

This Privacy Policy applies to all platforms, websites, and departments of Klickl and Klickl Operators. By using Klickl Services, you are consenting to the collection, storage, processing and transfer of your personal information as described in this Privacy Policy.

Klickl Europe (legal entity registration number 1053580 with registered office address 22B Bartycka Street, Unit 21A, Warsaw, Post code 00-716 Warsaw Poland) is the Data Controller for personal information collected and processed in connection with provision of Klickl Services.

1. What Personal Information About Users Does Klickl Collect?

Klickl collects your personal information in order to provide and continually improve our products and service

Here are the types of personal information we collect:

Information you give us: we receive and store any information you provide in relation to Klickl. You can choose not to provide certain information but then you might not be able to use some Klickl Services. Examples of information that you give us include:

1. name

2. e-mail Address

3. gender

4. date of birth

5. home address

6. nationality

7. country code

8. other information to help us identify you

Automatically collected information: We automatically collect and store certain types of information about your use of Klickl Services including your interaction with content and services available through Klickl Services. Like many websites, we use cookies and other unique identifiers and we obtain certain types of information when your web browser or device accesses Klickl Services. Examples of the information we collect and analyse include:

1. the Internet protocol (IP) address used to connect your computer to the

internet,

2. login, e-mail address, password and location of your device or

computer;

3. Klickl Services metrics (e.g., the occurrences of technical errors, your

interactions with service features and content, and your settings

preferences) which include version and time zone settings and transaction

history.

Information from other sources: we may receive information about you from other sources such as credit history information from credit bureaus, which we use to help prevent and detect fraud.

2. Can Children Use Klickl Services?

Klickl does not allow anyone under the age of 18 to use Klickl Services.

3. For What Purposes Does Klickl Process My Personal Information?

We process your personal information to operate, provide, and improve the Klickl Services that we offer our users. These purposes include:

1. Transaction services. We use your personal information to take and handle orders and to process payments, and communicate with you about orders and services, and  promotional offers.

2. Provide, troubleshoot, and improve Klickl services. We use your personal information to  provide functionality, analyse performance, fix errors, and improve the usability and  effectiveness of Klickl services.

3. Recommendations and personalisation. We use your personal information to recommend features and services that might be of interest to you, identify your preferences, and personalise your experience with Klickl services.

4. Comply with legal obligations. In certain cases, we collect and use your personal information to comply with laws and regulations. For instance, we collect bank account information for identity verification and other purposes.

5. Communicate with you. We use your personal information to communicate with you in relation to Klickl services.

6. Fraud prevention and credit risks. We process personal information to prevent and detect fraud and abuse in order to protect the security of our users, Klickl Services and others. We may also use scoring methods to assess and manage customer specific risks.

7. Purposes for which we seek your consent. We may also ask for your consent to process your personal information for a specific purpose that we communicate to you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.

4. What About Cookies and Other Identifiers?

We use cookies and similar tools to enhance your user experience, provide our services, and understand how customers use our services so we can make improvements. To enable our systems to recognise your browser or device and to provide Klickl Services to you, we use cookies.

We use operational cookies and similar tools (collectively, "cookies") to provide our services, for example:

1. Recognising you when you sign-in to use our services.

2. Providing customised features and services.

3. Displaying features and services which might be of interest to you, including ads on our services.

4. Preventing fraudulent activity.

5. Improving security.

6. Keeping track of your preferences such as currency and language.

7. We also use cookies to understand how users use our services so we can make improvements.

The settings on your browser will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable and remove cookies, and when cookies will expire.

Operational cookies allow you to take advantage of some of Klickl's essential features. If you block or otherwise reject operational cookies through your browser settings some features and services may not work.

5. Does Klickl Share My Personal Information

Information about our users is an important part of our business and we are not in the business of selling our users' personal information to others. Klickl shares users' personal information only as described below and with the subsidiaries or affiliates of Klickl that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

Third party service providers: We employ other companies and individuals to perform functions on our behalf.  Examples include analysing data, providing marketing assistance, processing payments, transmitting content, and assessing and managing customer risk.  These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as only permitted by applicable data protection laws. 

Business transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the unlikely event that Klickl or substantially all of its assets are acquired, user information will be one of the transferred assets.

Protection of Klickl and others: We release account and other personal information when we believe release is appropriate to comply with the law or with our regulatory obligations; enforce or apply our Terms of Use and other agreements; or protect the rights, property or safety of Klickl, our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.

6. International transfers of personal data

Klickl may transfer your data outside of the EU. Klickl puts in place suitable safeguards to ensure that such transfer is carried out in compliance with applicable data protection rules. Where Klickl transfers personal data to affiliates or service providers, Klickl relies on the standard contractual clauses approved by the European Commission.

7. How Secure is My Information?

We design our systems with your security and privacy in mind.  We work to protect the security of your personal information during transmission by using encryption protocols and software.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personal information. Our security procedures mean that we may ask you to verify your identity before we disclose personal information to you.

It is important for you to protect against unauthorised access to your account password. We recommend using a unique password for your Klickl account that is not utilised for other online accounts. Be sure to sign off when you finish using a shared computer.

8. What About Advertising?

We may share your personal information with our marketing partners for the purposes of targeting, modelling, and/or analytics as well as marketing and advertising.

9. What Information Can I Access?

You can access your information, including your name, address, payment options, profile information, and transaction history in the "Your Account" section of the website.

10. What Choices Do I Have?

If you have any questions or objection as to how we collect and process your personal information, please contact dpo@Klickl.eu.

When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop any further processing of your data for that purpose.

In addition, subject to applicable law, you have the right to request access to, correct, and delete your personal data, and to ask for data portability. You may also object to our processing of your personal data or ask that we restrict the processing of your personal data in certain instances. If you wish to do any of these things, please contact [email protected].

11. How Long Does Klickl Keep My Personal Information?

We keep your personal information to enable your continued use of Klickl Services, for as long as it is required in order to fulfil the relevant purposes described in this Privacy Notice, as may be required by law such as for tax and accounting purposes, or as otherwise communicated to you.

12. EU GDPR and Polish Data Protection Law - Legal Basis

The EU GDPR and Polish data protection, namely the Personal Data Protection Act of 10th May 2018, require a legal basis for our use of personal information. Our basis varies depending on the specific purpose we use personal information. We rely on:

1. Performance of a contract when we provide you with products or services or communicate with you about them. This includes when we use your personal information to take and handle orders and process payments.

2. Our legitimate business interests and the interests of our users when we detect and prevent fraud and abuse in order to protect the security of our users, ourselves, or others.

3. Your consent when we ask for your consent to process your personal information for a specific purpose that we communicate to you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.

4. Compliance with a legal obligation when we use your personal information to comply with laws. For instance, we collect bank account information for identity verification and anti money laundering purposes.

5. These and other legal basis depend on the purpose for which we use personal information.

13. Your Rights as a Data Subject

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

·       Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you, the basis of our processing and to check that we are lawfully processing it.

·       Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

·       Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

·       Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.

·      Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example, where the processing is unlawful or no longer lawful, if you want us to establish its accuracy or the reason for processing it.

·       Request the transfer of your personal information to another party. If you want to review, verify, correct, or request erasure of your personal information, object to processing your personal data, or request that we transfer a copy of your personal information to another party, please contact our Data Protection Officer at [email protected].

No fee is usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

14. Right to Withdraw Consent

In the limited  circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Data Protection Officer at [email protected]. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

15. Conditions of Use, Notices and Revisions

If you choose to use Klickl Services, your use and any dispute over privacy is subject to this Notice and our Terms of Use. If you have any concerns about privacy at Klickl, please contact us with a thorough description, and we will try to resolve it. You also have the right to contact your local Data Protection Authority.

Our business changes constantly, and our Privacy Notice will change also. You should check our websites frequently to see recent changes. If you do not agree with the revised content, you shall stop accessing Klickl immediately. When an updated version of the Privacy Policy is released, your continued access to Klickl means that you agree to the updated content and agree to abide by the updated Privacy Policy. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.

Links

There may be links from our Site to other sites and resources provided by third parties. This Privacy Policy applies only to our Site. Accessing those third-party sites or sources requires you to leave our Site. We do not control those third-party sites or any of the content contained therein, and you agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their 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. We encourage you to review all policies, rules, terms and regulations, including the privacy policies, of each site that you visit.

Contact Us

If you have any questions, comments, or concerns regarding our Privacy Policy and/or practices as it or they relate to the klickl.eu website, please contact us at [email protected]

Anti-Money Laundering (AML) and Counter Terrorist Financing (CTF)

Our company operates a cryptocurrency exchange platform that allows customers to buy, sell, and exchange cryptocurrency. As an obliged entity, within the meaning of the Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, therefore we are obliged to apply financial security measures.

We are registered in the Register of activities in the field of virtual currencies, authorized by the relevant supervisory units acting on behalf of the Polish Financial Supervision Authority (Komisja Nadzoru Finansowego). Our entry number is RD WWW– 930.

As part of our commitment to ensuring the integrity of our platform and preventing it from being used for money laundering, terrorist financing, or other illegal activities, we have implemented a comprehensive Anti-Money Laundering (AML) and Know-Your-Customer (KYC) policy. Klickl has introduced an AML Policy and the present document is a legal note for users which outlines our approach to AML/KYC compliance and the measures we have put in place to detect and prevent illicit

Klickl is committed to the highest standards of Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) compliance. Our policy is to prevent, detect, and report any activity related to money laundering, terrorist financing, or other illegal activities.

Money laundering is the criminal process of converting illegally obtained funds (through terrorism, corruption, drug dealing, etc.) into legal investments, hiding their true source. The government of every country fights against money laundering and terrorist financial operations to prevent the entry of criminal funds into the economy. Financial institutions, including digital currency services, are vulnerable, and Klickl actively participates in preventing such criminal activities worldwide. To achieve these goals, we undertake the following actions:

Our AML and CTF activities

Conduct client due diligence, including but not limited to identity verification, and monitor all customer transactions.

Track suspicious user operations and those under irregular circumstances.

If illegal activity or money laundering is suspected, the company can request additional verification or cancel transactions at any step.

According to international law, Klickl is not obligated to notify customers of suspicion in their criminal actions.

These actions align with AML FATF references and cross-border legislation.

Maintain a robust compliance program that includes regular updates to our electronic systems and ongoing staff training to improve methods of combating money laundering.

Implement a risk-based approach to AML/CFT compliance, ensuring that resources are allocated efficiently and effectively to higher-risk areas.

We are committed to complying with all AML/KYC regulations and will take appropriate measures to prevent our platform from being used for money laundering or other illegal activities. Our AML/KYC policy is designed to detect and prevent illicit activities on our platform and to ensure the integrity of our services. We will continue to monitor regulatory developments and update our policies and procedures as necessary to ensure compliance with changing requirements.

Scope of the Policy

This policy applies to all employees, officers, and directors of Klickl, as well as to all products and services offered by the company.

Governance and Oversight

The board of directors is ultimately responsible for AML/CTF compliance. Senior management is tasked with implementing the policy, and the AML compliance officer oversees the day-to-day operations, ensuring adherence to regulations and internal procedures.

Customer Identification Program (CIP)

Klickl verifies the identity of its clients through a robust CIP, which includes obtaining and verifying information such as government-issued ID, proof of address, and, where applicable, the source of funds. Enhanced due diligence (EDD) measures are applied to high-risk customers.

Transaction Monitoring

Klickl employs a combination of automated systems and manual processes to monitor transactions for suspicious activities. Transactions that meet certain criteria are flagged for further review, and any suspicious activities are reported to the relevant authorities in accordance with legal requirements.

Ongoing Monitoring:

We will monitor customer transactions and activities on an ongoing basis to identify suspicious or potentially illegal activities. This includes monitoring for unusual transaction patterns, such as multiple transactions of similar amounts, and monitoring for transactions that are inconsistent with a customer's profile or usual behaviour. We will also monitor for transactions that involve high-risk countries, politically exposed persons, or other individuals or entities that are subject to sanctions or other regulatory measures. If we identify any suspicious activities or transactions, we will promptly report them to the relevant authorities.

Reporting and Record-Keeping

We will maintain proper records of all customer transactions and identity verification documents as required by law. These records will be securely stored and made available to regulatory authorities upon request. We will also maintain records of any suspicious activities or transactions that we report to the authorities.

Suspicious activity reports (SARs) are filed with the appropriate authorities promptly upon detection of suspicious activities. Klickl maintains comprehensive records of transactions, customer identification documents, and SARs for a minimum of five years.

Risk-Based Approach

We will adopt a risk-based approach to our AML/KYC compliance measures. This means that we will assess the risk posed by each customer based on factors such as their transaction history, country of origin, etc. Customers who are deemed to be higher risk, such as those conducting large transactions or those from high-risk countries, will be subject to enhanced due diligence procedures. This may include additional identity verification measures, such as face-to-face interviews, and more frequent monitoring of their transactions and activities on our platform. If we decide that the risk associated with a particular transaction is too high, we might have to decide to not go through with the transaction.

Risk Assessment

Klickl conducts a dynamic risk assessment that includes periodic reviews and updates. The assessment considers factors such as the geographic risk (e.g., countries subject to sanctions or identified as high-risk by FATF), customer risk (e.g., politically exposed persons, high-net-worth individuals), and product/service risk (e.g., high-value transactions, anonymous payment methods). Klickl reserves the right to reject or return a transaction with Klickl own prejudice.

Employee Training and Awareness

Klickl provides comprehensive AML/CTF training to all employees upon hire and annually thereafter. Training covers topics such as recognizing suspicious activities, internal reporting procedures, and legal obligations.

Internal Controls and Audits

Klickl has established robust internal controls to ensure compliance with AML/CTF policies. These controls include regular audits by internal and external auditors, ongoing monitoring of compliance activities, and periodic reviews of policies and procedures.

Compliance with International Standards

Klickl adheres to international AML/CTF standards, including the Financial Action Task Force (FATF) recommendations. The company regularly reviews updates to these standards and adjusts its policies and procedures accordingly.

Sanctions Screening

Klickl utilizes automated screening tools to check customers and transactions against international sanctions lists. Potential matches are reviewed by compliance staff to determine if they represent true positives or false positives, and appropriate actions are taken based on the findings.

Independent Review

The independent review of Klickl's AML/CTF program includes a gap analysis against regulatory requirements and industry best practices. The review findings are presented to the board of directors, along with an action plan to address any identified deficiencies.

Data Privacy and Protection

Klickl employs robust data protection measures, including encryption, multi-factor authentication, and regular security audits, to safeguard customer information. The company also has a data breach response plan in place to address any potential data breaches promptly and effectively.

Whistleblowing Policy

Klickl encourages employees to report any suspicious activities or potential compliance violations through a confidential whistleblowing hotline. Reports can be made anonymously, and the company ensures that whistleblowers are protected from retaliation.

Continuous Improvement

Klickl is committed to continuously improving its AML/CTF program by staying abreast of emerging risks, regulatory changes, and industry best practices. The company participates in industry forums, collaborates with other financial institutions, and engages with regulatory authorities to enhance its understanding and response to money laundering and terrorist financing threats.

Prohibited Jurisdictions

Klickl does not engage in business with individuals or entities located in or associated with the following countries

· Afghanistan

· Angola

· Belarus

· Bosnia-Herzegovina

· Burundi

· Central African Republic

· Congo, the Democratic Republic

· Cuba

· Ethiopia

· Guinea

· Guinea Bissau

· Guatemala

· Iran, Islamic Republic of

· Iraq

· Korea (the Democratic People's Republic of)

· Kosovo

· Lebanon

· Liberia

· Libya

· Mali

· Myanmar

· Nagorno-Karabakh

· Nicaragua

· Northern Cyprus

· North Korea

· Russian Federation

· Sahrawi Arab Democratic Republic

· Somaliland (Same as Somalia)

· Somalia

· South Ossetia

· South Sudan

· Sudan

· Syrian Arab Republic

· Tunisia

· Turkey

· Venezuela

· Yemen

· Zimbabwe

· Western Sahara

· Ukraine regions: Luhansk, Donetsk, Crimea and other occupied regions

Unacceptable Businesses

Klickl prohibits engaging in business with certain types of entities and activities due to their high risk of being associated with money laundering, terrorist financing, or other illegal activities. The following businesses and activities are deemed unacceptable for Klickl's services:

· Shell Banks

· Anonymous Shell Companies

· Businesses involved in the illegal drug trade

· Unlicensed gambling and gaming services

· Unlicensed money services businesses (MSBs)

· Dealers in arms and weapons

· Businesses involved in human trafficking or exploitation

· Prostitution and escort services

· Ponzi schemes and other pyramid sales schemes

· Businesses involved in the production or distribution of pornography

· Unregistered charities and non-profit organizations

· Businesses involved in the sale of counterfeit goods

· Unlicensed foreign exchange trading platforms

· Any business or activity that involves the exploitation of children

· Cryptocurrency mixing services or tumblers

· Businesses dealing in stolen goods

· Any other business or activity deemed illegal by regulatory authorities

Customers engaging in these businesses or activities will be subject to enhanced scrutiny and are likely to be refused service by Klickl.

High-Risk Jurisdictions

Klickl exercises enhanced due diligence and limits the transactions when dealing with individuals or entities from the following high-risk countries:

· Albania

· American Samoa

· Anguilla

· Antigua and Barbuda

· Aruba

· Azores (Portugal territory)

· Bahamas

· Bahrain

· Bangladesh

· Barbados

· Belize

· Bermuda

· Botswana

· British Virgin Islands

· Brunei Darussalam

· Bulgaria

· Burkina Faso

· Burundi

· Cambodia

· Cameroon

· Cayman Islands

· Central African Republic

· Chad

· Chile

· China

· Colombia

· Comoros

· Congo (Brazzaville)

· Cook Islands

· Costa Rica

· Croatia

· Curacao

· Djibouti

· Dominica

· Egypt

· Equatorial Guinea

· Eritrea

· Fiji

· French Polynesia

· Gaza Strip

· Gibraltar

· Guernsey

· Haiti

· Honduras

· Hong Kong

· India

· Isle Of Man

· Israel

· Jamaica

· Jersey

· Jordan

· Kenya

· Kyrgyzstan

· Madagascar

· Malaysia

· Maldives

· Marshall Islands

· Mauritania

· Mauritius

· Montserrat

· Morocco

· Mozambique

· Namibia

· Nauru

· Niger

· Nigeria

· Niue

· North Macedonia

· Pakistan

· Palau

· Panama

· Philippines

· Qatar

· Saint Helena, Ascension and Tristan da Cunha

· Saint Martin (French part)

· Saint Pierre and Miquelon

· Samoa

· Senegal

· Seychelles

· Solomon Islands

· South Africa

· St Kitts & Nevis

· Tajikistan

· Tanzania

· Thailand

· Tonga

· Trinidad & Tobago

· Turkmenistan

· Turks & Caicos

· Uganda

· United Arab Emirates

· United States Virgin Islands

· Uruguay

· Uzbekistan

· Vanuatu

· Vietnam

· West Bank (Palestinian Territory, Occupied)

Multiple Accounts Policy

It is prohibited to have more than one account on our website. If it is detected that a customer has more than one account, all of the accounts will be temporarily disabled. The customer will be requested to choose which one of his accounts will be active, while the others will stay blocked permanently. If it is detected that a customer creates multiple accounts in order to overcome the limits set by Klickl for a certain payment method, Klickl reserves the right to request additional verification from the customer. In case the customer is unable to provide the requested information, Klickl will refund the payment to the original sender while keeping the incoming and outgoing transaction fees, if those apply.

List of Required and Supported Documents

Some documents might be required during the verification process. These include but are not limited to the following:

Identity Verification:

· Government-issued International Passport

· Government-issued Identity Card

· Government-issued Driving License

· Selfie with an Identity Document

Address Verification:

· Utility bill or Bank Statement not older than 6 months

· Paper or electronic versions are allowed

· No modifications allowed to the documents

Additional Verification Documents:

We reserve the right to ask for proof of funds and/or source of wealth to provide assurance that the funds being transacted are not from proceeds of illegal activity.

Note: All required documents should be provided in good quality with readable text and without modifications or edits; otherwise, they may be rejected and new copies without modification or in better quality will be requested.

Refunds

KLICKL EUROPE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, incorporated on 21 August 2023 (KRS number 0001053580), whose registered office is at ul. BARTYCKA 22B / 21A, 00-716 WARSZAWA, poczta WARSZAWA, kraj POLSKA, and our partners (all together hereinafter in the text referred to as “Klickl”), guarantees the refund right under conditions stipulated in the present refund policy.

1. Definitions

“You / your” or “the Customer” means a natural (physical) or legal person who has agreed to all terms and conditions of Klickl, as well as other relevant policies, and uses the Services available on the Platform.

“Order” means (i) purchase of cryptocurrency by you from Klickl via the Platform; or (ii) sale of cryptocurrency to Klickl by you via the Platform; or (iii) your initiated deposit of cryptoassets to Your Wallet; or (iv) your initiated withdrawal of the Stored Cryptoassets to another public blockchain address. Each Order within the meaning of Point (i) and (ii) of the present Paragraph is a two-party transaction involving only Klickl and you.

“Platform” is a partially automated online system located on https://klickl.eu/ (hereinafter in the text referred to as “Website”) and in the Klickl app governed and maintained by Klickl.

“Services” means (i) exchange of fiat currency for cryptocurrency, and vice versa,(ii) cryptocurrency for cryptocurrency; or (iii) custodian cryptocurrency wallet services enabling you to hold, store, transfer, and manage your balances of supported cryptocurrencies.

2. Main principles

If Klickl: 1) does not send the cryptocurrency to the Customer’s indicated address in accordance with the Order; 2) does not send the fiat currency to the Customer’s account in accordance with the order, Klickl guarantees that the Customer has the right to a refund.

The Customer is obliged to follow the payment process provided on the Platform. If the Customer sends funds to Klickl and then requests a cancellation from a third-party financial institution before contacting Klickl, the Customer is responsible for covering the cost of cancellation.

The right to a refund may arise only if the Customer has paid for the services in accordance with the order, including all relevant fees.

Any charges that arise upon processing of the refund request shall be borne solely by the Customer. The relevant charges are deducted from the final amount of the refund.

In order to apply for a refund, the Customer is required to complete a Refund Form and send it to [email protected] from the email address connected to the Customer’s account on the Platform.

The review of the Customer’s submitted refund request may start only after the Customer’s identity has been verified on the Platform.

Klickl shall process the Customer’s submitted Refund Form as soon as it is reasonably possible. Response times may vary depending on the stated reasons for a refund and the current workload. In any case, Klickl shall notify the Customer of the outcome of the request. The Customer is also welcome to contact our 24/7 Support department to inquire about the updates.

Please note that the submission of a Refund Form does not guarantee the refund request will be approved.

The funds are returned to the initial payer’s account from which the payment has been received in case of refusal to provide the Services.

3. Refunds after successful cryptocurrency purchase

Refunds are not possible in cases when the Customer has received the purchased cryptocurrency or fiat currency in accordance with the Order. However, in case the Customer has changed their mind and wants to return the purchased cryptocurrency or fiat currency, Klickl is able to buy it back based on the current market rate plus the service fee and Klickl fee. In other words, the Customer can sell the purchased cryptocurrency or fiat currency and be paid through one of the available payment methods (e.g. via Bank Transfer or transfer into the Customer's wallet as the case may be).

4. Chargebacks

Klickl expects the Customer to contact the Support department of Klickl (support@Klickl.eu) to resolve any issue related to the existing orders before the Customer makes a chargeback request. The present Paragraph does not affect any rights and claims that the Customer may have against the relevant bank or financial institution.

Klickl investigates each chargeback request made by the Customer and communicates with the Customer’s bank or financial institution in a manner prescribed by relevant regulations.

Klickl reserves the right to suspend the Customer’s account on the Platform and lock the Customer's Funds during the chargeback investigation procedure.

Cryptocurrency Pricing and Conditions

The price of cryptocurrencies is very volatile, which implies that there is always a risk of loss of value for both customers and Klickl when making a transaction. To ensure fair conditions for both parties, we have a dynamic cryptocurrency estimates policy in place.

Here is how the policy applies to transactions in which customers BUY cryptocurrency via Klickl (hereafter referred to as ‘BUY transactions’):
In all BUY transactions, the cryptocurrency price—and hence the cryptocurrency amount to be sent to the customer—is fixed for 5 minutes. Once 5 minutes have passed from the moment of transaction initiation, the cryptocurrency price is updated once a minute for the transaction’s remaining duration.

The cryptocurrency rate is fixed for 5 minutes to ensure most of our clients are receiving the exact amount of cryptocurrency indicated at the start of the transaction. Most payments are approved within 5 minutes. Therefore, most transactions will not be affected by this policy. However, due to reasons beyond our control, some payments require more time (for example, delays from banks or from our credit card processing provider). In order to ensure there are no losses for either of the parties due to a change in the price of a cryptocurrency, the amount of the cryptocurrency to be sent to the customer will be recalculated based on the market price at the very moment we get your payment confirmation.

Here is how the policy applies to transactions in which customers SELL cryptocurrency via Klickl (hereafter referred to as ‘SELL transactions’):
In all SELL transactions, the cryptocurrency price—and hence the fiat amount to be sent to the customer—is fixed for 5 minutes. Once 5 minutes have passed from the moment of transaction initiation, the cryptocurrency price is updated once a minute for the transaction’s remaining duration.

The cryptocurrency rate in SELL transactions is fixed for 15 minutes because usually it takes no longer than 10 minutes for a cryptocurrency transaction to be confirmed on the cryptocurrency’s blockchain. Cryptocurrency transaction confirmation time depends on several factors, but the main factor is the transaction fee paid by the sender. Therefore, customers need to make sure they pay the fee as this will ensure quick confirmation of their transaction.

Note: The initial 'fixed' price of cryptocurrency, as well as its 'dynamic' price, is calculated based on the average cryptocurrency price across several major Crypto-Fiat exchanges (i.e. Kraken, Bitstamp, Bitfinex, etc).

Risk Disclosure Statement

Klickl Risk Disclosure Statement provides you with information about the risks associated with Klickl’s products, services and activities and the Accepted Virtual Assets and Stable coins listed on Klickl. Clients are strongly advised to read this Risk Disclosure Statement carefully before deciding to use the platform.

The risks outlined in this statement are not exhaustive and only describe the general nature of the risks involved with holding Virtual Assets including but not limited to the specific Virtual Assets a customer may chose to deal in. The intention of this statement is just to outline the risks, and not to discuss in detail all the risks associated with holding Virtual Assets and Stable coins. Clients should undertake their own assessment as to the suitability of holding Virtual Assets or Stable coins based on their own investigations, research and based on their experience, financial resources and objectives.

Risks associated with Virtual Assets

Virtual Assets are not legal tender or backed by a government; Virtual Assets are volatile and unpredictable in nature relative to Fiat Currencies; trading in Virtual Assets may be susceptible to irrational market forces; the nature of Virtual Assets may lead to an increased risk of Financial Crime and cyber attacks as the Virtual Asset ecosystem is fully digital and without the controls of central governance; there are limited or, in some cases, no mechanism for the recovery of lost or stolen Virtual Assets; private keys may be hacked, stolen or lost. Due to the nature of Virtual Assets, whoever owns the private key owns the relevant Virtual Asset; there is a risk of Virtual Assets being transacted via new technologies, (including distributed ledger technologies (‘DLT’)) with regard to, among other things, anonymity, irreversibility of transactions, accidental transactions, transaction recording, and settlement; there is no assurance that a Person who accepts a Virtual Asset as payment today will continue to do so in the future; the nature of Virtual Assets means that technological difficulties experienced by Klickl may prevent the access or use of a Client’s Virtual Assets; the decision to trade or invest in Virtual Assets is thus entirely at the customer’s own independent judgement.

Virtual Assets are dependent on new technologies, including distributed ledger technologies for the purposes of, amongst other things, anonymity, irreversibility of transactions, accidental transactions, transaction recording and settlement.

Transactions in Virtual Assets on the blockchain rely on the proper functioning of complex software, which increases the risk of possible unauthorised access or use of Virtual Assets

Don’t put all your eggs in one basket

Putting all your money into a single type of investment is risky. Spreading your money across different investments makes you less dependent on any one to do well. A good rule of thumb is not to invest more than 10% of your funds in high risk investments.