Last Update: November 3, 2021
Token Delivery. All purchase made before 9pm EDT will be processed and delivered in the same day. All purchase made after 9pm EDT will be processed and delivered in the next business day.
1. INTRODUCTION
1.1. The Activeworldclub.net Member Services (described below) are provided to you by Active World Holdings, Inc.
1.2. These terms and conditions (“Terms” or “T&Cs”), as well as any attached country annexes or product schedules (together “Annex”) (if any), will apply to your use of the Activeworldclub.net Member Services. Please take the time to read and understand these Terms before using these services so that you are aware of your legal rights and obligations. In the event of any inconsistency between these Terms and any Annex, the relevant Annex shall prevail.
1.3. By using the Activeworldclub.net Member Services and/or completing the sign-up process, you are entering into a binding contract with us and shall be deemed to have expressly read, understood and agreed to be bound by these Terms.
1.3A. These Terms incorporate within them as though they were fully restated herein, the provisions of the following terms and policies. Our privacy notice is attached hereto and referenced as Exhibit A. Our cookies policy accessible at the Cookies Consent banner on our Site. The provisions of the policies set out in this Clause 1.3A shall also govern your use of the Services.
1.4. Definitions and Interpretation. In these Terms:
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“Affiliate” means a person, entity or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company. Our members have the ability to sign up for our affiliate program at activeworldclub.goaffpro.com;
“Annex” shall have the meaning ascribed to the term in Clause 1.2;
“Business Day(s)” means any day except any Saturday, Sunday or public holiday which banking institutions are open for normal business activities, in the jurisdiction where the transaction or business activity under these T&Cs is concerned;
“Clause” means each numbered provision or section of these T&Cs;
“AWB, AWBT AND AWRT” means the native tokens for activeworldclub.net;
“Activeworldclub.net” shall have the meaning ascribed to the term in Clause 1.1;
“Activeworldclub.net and AWCExchange.com” means the mobile application software developed, owned and released by Activeworldclub.net soon to be available for download for Android or Apple iOS, including all content and services listed in Clause 2.1 and made available on or through the same, and any and all updates, upgrades, supplements, releases and versions thereof;
“Activeworldclub.net Member Services” or “Services” refers to the Service Content and all related features, services, content and applications described in Clause 2.1, which Activeworldclub.net may make available to you on the Activeworldclub.net and AWCExchange.com and Site from time to time in respect of your Digital Assets;
“Activeworldclub.net Pay” shall have the meaning ascribed to the term in Clause 8C.1;
“Activeworldclub.net Stablecoins” or “CSCs” means the stable coins offered by Activeworldclub.net for use on the Activeworldclub.net and AWCExchange.com;
“Activeworldclub.net Visa Card” means the virtual or physical Visa prepaid card offered by Activeworldclub.net;
“Digital Asset” means the cryptographic tokens, digital currencies, cryptocurrencies, virtual currencies or CSCs, or digital assets of any types not falling within the classification of a financial instrument in terms of the US Securities and Exchange Commission and that have been approved by Activeworldclub.net for storage in the Digital Asset Wallet, a list of which is available for reference on the Activeworldclub.net and AWCExchange.com and Site;
“Digital Asset Conversion” shall have the meaning ascribed to the term in Clause 2.1(c);
“Digital Asset Transfer” shall have the meaning ascribed to the term in Clause 2.1(d);
“Digital Asset Wallet” shall have the meaning ascribed to the term in Clause 2.1(a);
“Enabled Device” means the mobile communications or other device successfully registered by you for use in connection with the Activeworldclub.net and AWCExchange.com and Activeworldclub.net Member Services;
“Erroneous Funding Instruction(s)” shall have the meaning ascribed to the term in Clause 7.1A(h);
“Erroneous USD Funding Instruction(s)” shall have the meaning ascribed to the term in Clause 7.1C(g);
“Erroneous USDT Withdrawal Instruction(s)” shall have the meaning ascribed to the term in Clause 7.1D(f);
“Erroneous Withdrawal Instruction(s)” shall have the meaning ascribed to the term in Clause 7.1B(g);
“Fees” means all fees imposed by us for the use of the Activeworldclub.net Member Services and/or Digital Asset Wallet;
“Fiat to Digital Asset Conversion” or “Fiat to DA Conversion” shall have the meaning ascribed to the term in Clause 2.1(b);
“Fiat Top-up” shall have the meaning ascribed to the term in Clause 7.1A(a);
“Fiat FundingFees” shall have the meaning ascribed to the term in Clause 7.1A(d);
“Fiat Wallet” means one of the wallets in the Activeworldclub.net and AWCExchange.com which holds fiat funds topped-up through bank transfer in accordance with Clause 7.1A;
“Fiat Withdrawal” has the meaning given to it in Clause 7.1B(a);
“Fiat Withdrawal Fees” has the meaning given to it in Clause 7.1B(d);
“Force Majeure Event” means an event or failure which is beyond our reasonable control including, without limitation, (i) acts of God, nature (including without limitation, natural disasters, epidemics and pandemics), court or domestic or foreign governmental authorities; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, civil unrest, terrorist acts and riots; (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the Activeworldclub.net Member Services;
“Fork” shall have the meaning ascribed to the term in Clause 9A.1;
“Forked Network” shall have the meaning ascribed to the term in Clause 9A.1;
“Gift Card” shall have the meaning ascribed to the term in Clause 8A.1;
“Gift Card Issuer” shall have the meaning ascribed to the term in Clause 8A.1;
“Gift Card Provider” shall have the meaning ascribed to the term in Clause 8A.1;
“Gift Card Redemption Instructions” shall have the meaning ascribed to the term in Clause 8A.1;
“include/including” means to include without limitation;
“Instructions” means all information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions) referable to you;
“Pay Airtime” shall have the meaning ascribed to the term in Clause 8B.1;
“Pay Airtime Redemption Instructions” shall have the meaning ascribed to the term in Clause 8B.1;
“Pay Rewards” shall have the meaning ascribed to the term in Clause 8C.2;
“Payment Service Partners” or “PSP” has the meaning given to it in Clause 7.1A(b);
“Permitted Bank Account” has the meaning given to it in Clause 7.1A(a);
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Privacy Notice” shall have the meaning ascribed to the term in Clause 1.3A;
“PSP Verified Bank Account” shall have the meaning ascribed to the term in Clause 7.1C(a);
“Service Content” means data, information, materials, advertisements, text, audio, video, graphics, software and other content on the Site and Activeworldclub.net and AWCExchange.com;
“Site” means the website at www.Activeworldclub.net;
“Stake or Staking” means the holding of AWB, AWBT AND AWRT or any other Digital Assets issued by Activeworldclub.net in your account for an agreed period of time;
“Taxes” means any taxes, duties or fees that incurred, required to be collected, paid or withheld for any reason in connection with your use of the Services under any Applicable Law;
“Terms” or “T&Cs” shall have the meaning ascribed to the term in Clause 1.2;
“Trademarks” shall have the meaning ascribed to the term in Clause 11.1(a);
“Transaction” shall have the meaning ascribed to the term in Clause 9.1;
“Transaction History” means records of all transactions and any details relevant to such transactions on your Digital Asset Wallet;
“Unsupported Forked Network” shall have the meaning ascribed to the term in Clause 9A.2;
“USD Top-up” shall have the meaning ascribed to the term in Clause 7.1C(a);
“USD FundingFees” shall have the meaning ascribed to the term in Clause 7.1C(d);
“USDT Withdrawal” shall have the meaning ascribed to the term in Clause 7.1D(a);
“USDT Withdrawal Fees” shall have the meaning ascribed to the term in Clause 7.1D(c);
“we/us/our” means Activeworldclub.net;
“Withdrawal Bank Account” has the meaning given to it in Clause 7.1B(b);
you/your” means the individual who is the user of the Activeworldclub.net Member Services.
2. THE SERVICES
2.1. The Activeworldclub.net Member Services shall comprise the following services:
(a) hosted Digital Asset wallets (“Digital Asset Wallet”) by Activeworldclub.net that allow you to store Digital Assets with Activeworldclub.net and AWCExchange.com;
(b) a fiat currency conversion service under which you may convert fiat currency into any type of Digital Asset to be held in your Digital Asset Wallet (“Fiat to DA Conversion”);
(c) a Digital Asset conversion service under which you may convert Digital Asset into other Digital Asset (“Digital Asset Conversion”);
and
(d) a Digital Asset transfer service under which you may transfer any Digital Asset to another recipient, which may be the Digital Asset Wallet of another user of the Activeworldclub.net Member Services or an external recipient (“Digital Asset Transfer”);
(e) any incentive program(s) (including but not limited to any kind of reward, cashback, Staking or referral programs) that may be launched or offered via the Activeworldclub.net Social Media applications or the Site from time to time;
(f) Purchase and use of gift cards; and
(g) Purchase and use of mobile airtime; and
(h) any other products or services listed in the Annexes (if any), or shown on the Activeworldclub.net and AWCExchange.com or our official communication channel from time to time.
2.2. We reserve the right and without liability to you to:
(a) update, change, remove, cancel, suspend, disable or restrict access to or discontinue the Activeworldclub.net Member Services or change any features, component or content thereof;
(b) decline, suspend, cancel, reverse, void or partially execute any Fiat to DA Conversion, Digital Asset Conversion or Digital Asset Transfer instruction; or
(c) reverse, cancel, clawback, change any terms or refuse to honor any reward, bonus or pay-out for any incentive programs regardless of your entitlement.
2.3. We reserve the right to suspend, restrict or terminate your access to any or all of our Services and to deactivate your account, including without limitation:
(a) where it is our reasonable opinion that we are required to do so by Applicable Law or any court or other adjudicating authority to which we are subject in any jurisdiction;
(b) upon reasonable suspicion that you may be in breach of these Terms or are otherwise trying to circumvent these Terms such as by opening multiple accounts or abusing any of our incentive schemes;
(c) upon reasonable suspicion that a transaction is fraudulent or erroneous;
(d) upon reasonable suspicion that your account has been compromised or the Services are being used in a fraudulent or unauthorized manner;
(e) upon reasonable suspicion of money laundering, terrorist financing, fraud or any other financial crime; or
(f) upon reasonable suspicion that you are conducting any fraudulent or illegal activities including but not limited to any Ponzi scheme, pyramid scheme, phishing or dark-net transactions; or
(g) where any of your Activeworldclub.net wallets or you are subject to pending litigation, investigation or government proceedings.
2.4 In the event that we decide to suspend, restrict or terminate your access to our Services in accordance with the provisions of this Clause 2, we will (to the extent that it is not unlawful for us to do so) provide you with adequate notice of such termination of Services. Suspensions, restrictions or terminations from the use of our Services will be reversed only as soon as reasonably practicable once the reasons for refusal no longer exist. We are under no obligation to execute any suspended, reversed or terminated transactions at the same price or on the same terms.
2.5 Clause 2.2 above may occur to all, or any specific group, or any individual user of Activeworldclub.net Member Services. We do not guarantee that any specific content, component and/or feature will always be available on the Activeworldclub.net Member Services.
2.6 You understand and agree that we may engage any third-party service provider or subcontractor to perform any or all of the services provided hereunder. Activeworldclub.net shall not be liable for any delay, loss or damage of any kind incurred from any services provided by any third party service provider or subcontractor engaged by Activeworldclub.net. All claims in connection with the act of any third party service provider or subcontractor shall be brought solely and directly against such party and/or its agents. Activeworldclub.net’s sole liability in relation to the services provided by any third party service provider or subcontractor shall be limited to the use of reasonable care in the selection of such party.
3. RISKS OF USING DIGITAL ASSETS
3.1. Please note that all transactions involving Digital Assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state. Any Digital Assets transfers, to and from external wallet addresses, that are in a pending state will be designated accordingly, and the relevant Digital Asset will not be included in your Digital Asset Wallet or be available to conduct transactions.
3.2. The risk of loss in holding Digital Assets can be substantial. You should therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial situation. In considering whether to hold Digital Assets, you should be aware that the price or value of Digital Assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you use any Activeworldclub.net Member Services which allow you and/or third parties to access and hold Digital Asset private keys, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of Digital Asset private keys outside our control.
3.3. We are not responsible for the market of Digital Assets, and we make no representations or warranties concerning the real or perceived value of Digital Assets as denominated in any quoted currency. Although we may provide historical and/or real-time data regarding the price of Digital Assets, including graphs displayed within the Activeworldclub.net and AWCExchange.com showing the price fluctuations of Digital Assets, such data or graphs are for reference only. We make no representations regarding the quality, suitability, veracity, usefulness, accuracy, or completeness of such data or graphs, and you should not rely on such data or graphs for any reason whatsoever. You understand and acknowledge that the value of Digital Assets can be volatile, and you agree that we are not in any way responsible or liable for any losses you may incur by holding or trading Digital Assets, even if the Activeworldclub.net Member Services were delayed, suspended, or interrupted for any reason.
3.4 We do not provide investment advice and any content on the Activeworldclub.net and AWCExchange.com and Site should not be considered as a substitute for tailored investment advice. The contents of the Activeworldclub.net and AWCExchange.com and Site should not be used as a basis for making investment decisions and should not be construed as an attempt to market or promote any type of Digital Asset. We do however provide educational activity via Discord and various Social Media platforms.
3.5 Your Digital Asset Wallet is not a depository account. Funds stored in your Digital Asset Wallet do not earn any interest unless otherwise stated and they are not protected by any government-backed depositor compensation, insurance or guarantee scheme.
4. ONBOARDING
4.1. By signing up to use the Activeworldclub.net Member Services, you represent and warrant that:
(a) you are at least eighteen (18) years of age, or the minimum age required in your jurisdiction of residence to have the necessary legal capacity, right, power and authority to accept these Terms;
(b) you have the full right, power, and authority to agree to these Terms;
(c) you are not resident or a Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction which Activeworldclub.net has notified as being subject to prohibitions or restrictions on accessing or using the Activeworldclub.net Member Services;
(d) you are not a resident or Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use or exchange of Digital Assets is unlawful or restricted in any way or requires licensing, registration or approval of any kind;
(e) you are the authorized user of your Enabled Device, and your Enabled Device is not jailbroken, meaning that you have not, nor are you aware of anyone having, used an exploit to remove manufacturer or carrier restrictions from the relevant device;
(f) you currently only have one registered account with Activeworldclub.net as a paying member. I acknowledge that I must maintain my Activeworldclub.net account, including but not limited to my account with AWCExchange.com in order to have access to the AWC Member Community;
(g) you are not impersonating any other person, operating under an alias or otherwise concealing your identity;
(h) you are not located in, under the control of, or a national or resident of (i) any international sanctioned countries, or (ii) any country to which the United States has embargoed goods or services; and (iii) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control of the U.S. Department of the Treasury;
(i) you are not placed on the U.S. Department of Commerce, Bureau of Industry and Security’s Denied Persons List;
(j) you will not use our Services if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms;
(k) you are the sole ultimate beneficial owner of your account and not acting on behalf of or representing any other natural person, legal person or legal entity;
(l) you are the beneficial owner of (or if you are acting as a trustee, the legal owner) of any Digital Asset or fiat currency subject to these Terms and forming the subject matter of the Services; and
(m) you are compliant with all Applicable Law requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements;
4.2. In order to use the Activeworldclub.net Member Services, you must register as a user on the Activeworldclub.net and AWCExchange.com, and provide us with all information and/or documents requested by us. Except where permitted by Applicable Law, all information and documents must be in the English language (including such information and/or documents as may be required by us from time to time for compliance with Applicable Laws) in order to process your registration. If the documents you provide are not in the English language (except where permitted by Applicable Law), you may be required to provide us with a certified English translation.
4.3. You agree to cooperate with all requests made by us or any of our third party service providers on our behalf in connection with your use of the Activeworldclub.net Member Services, including to identify or authenticate your identity, validate your funding sources or transactions or verify your source(s) of income and/ or wealth. This may include, without limiting the generality of the foregoing, requiring further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third party databases or through other sources.
4.4. We are entitled, in our sole discretion and without providing reasons, to refuse your application for or to suspend, terminate or limit your use of the Activeworldclub.net Member Services or your account, and/or to change the eligibility criteria for registration or use of the Activeworldclub.net Member Services at any time.
4.5. We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Terms, you acknowledge that we or a third party on our behalf will carry out such verifications.
4.6. You hereby represent and warrant that any and all information provided to us, our Affiliates or any of our third party service providers, is always complete, accurate and up to date in all respects and that in the event that such information ceases to be complete, accurate and up-to-date, you shall provide us, our Affiliates and third party service providers which such revised and updated information without delay. It is your responsibility to update us with any changes in your personal information or any other information you may have provided us with during registration or else in the course of your engagement with the Activeworldclub.net Member Services. If at any time we believe that your information is incomplete, outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. Failure to complete any step of the registration process or provide up to date information may result in your inability to or adversely affect your use of the Activeworldclub.net Member Services. You undertake to indemnify us, our Affiliates and any third party service providers for any and all losses incurred as a result of your failure to provide complete, accurate and up to date information at any point prior to and following termination of our Services.
4.7. At the time you sign up for Activeworldclub.net Member Services or at any time in the future after signing up for Activeworldclub.net Member Services, you authorize us to undertake electronic identity verification checks on you, either directly or using relevant third party service providers.
4.8. Notwithstanding any Terms hereunder or your successful completion of the signing up process in accordance with Clause 4.2 above, certain types of users are specifically prohibited from using certain features within the Activeworldclub.net Member Services.
THE ACTIVEWORLDCLUB.NET AND AWCEXCHANGE.COM
5.1. The Activeworldclub.net and AWCExchange.com gives you interactive access to your Digital Asset Wallet, including allowing you to perform one or more of the following actions:
(a) view the balance and Transaction History of your Digital Asset Wallet;
(b) obtain instructions on how to load your Digital Asset Wallet;
(c) request for a Digital Asset Transfer from your balance held in your Digital Asset Wallet;
(d) request a Digital Asset Conversion; and
(e) request a Fiat to DA Conversion.
5.2. Subject always to your continuing compliance with these Terms, we grant to you a limited, non-transferable, non-exclusive license to use the Activeworldclub.net and AWCExchange.com insofar as owned by or licensed through us on your Enabled Device and only for your own purposes, on and subject to these Terms. All other rights not expressly granted to you are reserved. Some software components used in the Activeworldclub.net and AWCExchange.com may be offered under an open source or other license as we may notify to you, in which case your use of those components of the Activeworldclub.net and AWCExchange.com shall be governed by such license terms to the extent only of any inconsistency between these Terms and those license terms.
5.3 Fees and account balances in the Activeworldclub.net and AWCExchange.com are not rounded, however, they may be displayed to you as rounded up or down to the nearest four decimal places.
5.4 You acknowledge and agree that your use of the Activeworldclub.net Member Services is at all times subject to your compliance with these Terms and all other applicable terms.
3. YOUR DEVICE
6.1 You acknowledge and agree that, in connection with your use of the Activeworldclub.net and AWCExchange.com, you shall be responsible for the following, at your own cost:
(a) obtaining and installing all hardware, software and communications services necessary for your use of the Activeworldclub.net and AWCExchange.com in accordance with these Terms;
(b) installing antivirus or other mobile security software on your Enabled Device to protect against any security or other vulnerabilities which may arise in connection with your use of the Activeworldclub.net and AWCExchange.com in accordance with these Terms; and
(c) installing updates and patches for the Activeworldclub.net and AWCExchange.com and your Enabled Device in a prompt and timely manner.
6.2. Without prejudice to the foregoing and any other terms in these Terms, we assume that any and all Instructions received from your Enabled Device have been made by the rightful owner. You are solely responsible and liable for keeping your Enabled Device safe and maintaining adequate security and control of your login and authentication details (including, but not limited to, your username, and password), and shall likewise be solely responsible for any access to and use of the Activeworldclub.net and AWCExchange.com and the Services through your Enabled Device, notwithstanding that such access and/or use may have been effected without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such access and/or use.
6.3. Should you discover that your Enabled Device is lost or stolen or has been accessed or used in an unauthorized way, you shall notify us of the loss and/or theft or unauthorized access and/or use by emailing us at concierge@activeworldclub.net. In addition, where your Enabled Device has been accessed or used in an unauthorized manner, you should, as soon as possible, reset the login and authentication details on your Enabled Device.
4. FUNDING TO DIGITAL ASSET WALLET AND DIGITAL ASSET TRANSFERS
7.1. Funding to your Digital Asset Wallet from an External Wallet
(a) You may load Digital Asset(s) to your Digital Asset Wallet by effecting a transfer of such Digital Asset from any external wallet to the relevant address for your Digital Asset Wallet, which will be available on the Activeworldclub.net and AWCExchange.com.
(b) You acknowledge and agree that it is your responsibility to ensure that: (i) the correct address for your Digital Asset Wallet (as reflected on the Activeworldclub.net and AWCExchange.com) is entered when you effect a transfer of Digital Asset from your external wallet to your Digital Asset Wallet; and (ii) only the Digital Assets that are supported by the Digital Asset Wallet will be transferred to your Digital Asset Wallet.
(c) You also acknowledge that: (1) the transfer of any Digital Asset to an incorrect address (i.e. an address other than the correct address for your Digital Asset Wallet); or (2) the transfer of any type of Digital Asset that is not supported by the Digital Wallet will result in the irreversible loss of such Digital Asset. We shall bear no liability for any such loss of Digital Assets.
(d) A transfer of Digital Asset to your Digital Asset Wallet is only deemed to be confirmed when the balance of your Digital Asset Wallet (as reflected in the Activeworldclub.net and AWCExchange.com) has been updated to reflect such transfer.
(e) Activeworldclub.net reserves the right to reject any transfer of Digital Asset to your Digital Asset Wallet. In such a scenario, the relevant Digital Asset will not be credited to your Digital Asset Wallet and Activeworldclub.net will effect a transfer of the same amount of the relevant Digital Asset, less any applicable fees, back to the address from which it was sent.
7.1A. Funding to your Fiat Wallet
(a) You may Funding your Fiat Wallet by instructing a bank transfer (cash and/or third party deposits are not accepted), in any of the supported fiat currencies available in the Activeworldclub.net and AWCExchange.com in your jurisdiction (“Fiat Top-up”) if you have an active account with a credit or financial institution located in a reputable jurisdiction and authorized to execute fiat transfers as supported by us (“Permitted Bank Account”) by following the instructions and providing the relevant information set out in the Activeworldclub.net and AWCExchange.com. If the bank account you provide us with under this Clause is not a Permitted Bank Account, your transfer instruction will be deemed an Erroneous Funding Instruction and subject to paragraph (h) below.
(b) Our Fiat Funding service is provided by our licensed third-party payment partners (“Payment Service Partners” or “PSP”). By sending us a Fiat Funding instruction through the Activeworldclub.net and AWCExchange.com, you agree and authorize our Payment Service Partners to handle and process your Fiat Funding instructions and hold your topped-up fund in segregated customer funds account(s) maintained by them as per their applicable laws and regulations.
(c) You shall only make a Fiat Funding if you are the registered beneficial owner of both the bank account you instruct the payment from and your Activeworldclub.net account. We do not accept or support any Fiat Funding instructions made by any third parties and any such instructions will be deemed Erroneous Funding Instructions and will be subject to paragraph (h) below. If you are the registered beneficial owner of both the bank account you use with us and your Activeworldclub.net account, but the registered account names are inconsistent for whatever reason, we may require you to provide additional ownership proof prior to the completion of the Fiat Funding and such process will cause delay to the Fiat Top-up.
(d) Fiat Funding are subject to our prescribed fees and limits as referenced in the “Fees & Limits” section on the Activeworldclub.net and AWCExchange.com. Any fees chargeable by your bank and/or their intermediary banks relating to the Fiat Top-up, including but not limited to any administration or currency conversion fees, intermediary bank processing fees, your bank and recipient bank’s processing fees (“Fiat Funding Fees”) shall be borne by you entirely.
(e) Upon confirmation by our Payment Services Partners that your Fiat Funding instruction has been effected and upon receipt and successful identification of the respective deposit, we will credit the corresponding value of the funds less any Fiat Funding Fees to your Fiat Wallet. You should allow between 2 to 5 business days for the funds to reach your Fiat Wallet.
(f) Any funds in your Fiat Wallet shall only be used for (i) purchasing of Digital Asset(s) on; (ii) funding of your Activeworldclub.net Visa Card (as applicable); or (iii) withdrawing such funds to your verified personal bank account through the Activeworldclub.net and AWCExchange.com; no transfers to other customers (peer-to-peer) or accounts will be accepted or processed.
(g) All Fiat Funding are not reversible or refundable, unless we determine, at our absolute discretion that it is in our interest to do so. In addition, we may, at our absolute discretion, reverse, cancel, void or refuse to process any Fiat Funding instructions.
(h) Without prejudicing our rights to claim further damages from you, you shall immediately indemnify us for any loss and damage and expenses arising from any mistaken, erroneous or fraudulent Fiat Funding Instructions (which may include but are not limited to, depositing to a wrong recipient bank account, transactions made from or to a non-Permitted Bank Account or from or to a non-supported payment scheme, or transfers exceeding our prescribed limits) given by you or sent from your account (collectively “Erroneous Funding Instruction(s)”). The erroneous or fraudulent nature of your instruction shall be determined by us based on reasonable evidences. You further agree that if we are required to return any fund to its origin due to any Erroneous Funding Instructions; (i) we are entitled to charge an administration fee of USD50 per return; (ii) any fees incurred from such return shall be borne by you entirely; (iii) you shall reimburse us such fees immediately upon our request; and (iv) funds will only be remitted to the bank account from which such funds were originally received.
(i) You can only transfer money to your Fiat Wallet by the means of a bank transfer; no cash deposits are accepted by Activeworldclub.net.
7.1B. Withdrawals from your Fiat Wallet
(a) You may withdraw supported fiat currencies (as available on the Activeworldclub.net and AWCExchange.com in your jurisdiction) by instructing a bank transfer (“Fiat Withdrawal”) from your Fiat Wallet to a verified Permitted Bank Account, meaning a Permitted Bank Account from which you have previously made a successful deposit, by following the available instructions and providing the relevant information as requested in the Activeworldclub.net and AWCExchange.com.
(b) Our Fiat Withdrawal service is provided by the Payment Service Partners. By sending us a Fiat Withdrawal instruction through the Activeworldclub.net and AWCExchange.com, you agree and authorize our Payment Service Partners to handle and process your Fiat Withdrawal instructions and transfer your withdrawal funds to the bank account provided by you (“Withdrawal Bank Account”).
(c) You shall only make a Fiat Withdrawal if you are the registered beneficial owner of both the Withdrawal Bank Account and your Activeworldclub.net account. We do not accept or support any Fiat Withdrawal instructions made by any third parties and any such instructions will be deemed an Erroneous Withdrawal Instruction and subject to paragraph (g) below. If you are the registered beneficial owner of both the Withdrawal Bank Account and your Activeworldclub.net account, but the registered names are inconsistent for whatever reason, we may require you to provide additional proof prior of ownership to the completion of the Fiat Withdrawal and such process will cause delay to the Fiat Withdrawal.
(d) We do not charge any fees for Fiat Withdrawals, however, any fees chargeable by your bank and any intermediary banks relating to the Fiat Withdrawal, including but not limited to any administration or currency conversion fees, intermediary banks processing fees and recipient bank’s processing fees (“Fiat Withdrawal Fees”) shall be borne by you entirely.
(e) Upon confirmation by the Payment Services Partners that your Fiat Withdrawal instruction has been accepted and your withdrawal has been executed, you should allow between 2 to 5 business days for the transfer to reach your designated Withdrawal Bank Account.
(f) All Fiat Withdrawals are not reversible or refundable, unless we determine, at our absolute discretion that it is in our interest to do so. In addition, we may, at our absolute discretion, reverse, cancel, void or refuse to process any Fiat Withdrawals.
(g) Without prejudicing our rights to claim further damages from you, you shall immediately indemnify us for any loss and damage and expenses arising from any mistaken, erroneous or fraudulent Fiat Withdrawal instructions (which may include but are not limited to, depositing to a wrong recipient bank account, transactions pertinent to unauthorized or fraudulent transfers previously effected within the Activeworldclub.net and AWCExchange.com, transactions made from or to a non-Permitted Bank Account, transfers made to a closed or blocked bank account, any transferred amounts that exceed our prescribed limits) given by you or sent from your account (collectively “Erroneous Withdrawal Instruction(s)”). The erroneous or fraudulent nature of your instruction shall be determined by us based on reasonable evidences.
7.1C. Funding to your Digital Asset Wallet with USD via USDT Bank Transfer
(a) You may enable the USDT Bank Transfer feature within the Activeworldclub.net and AWCExchange.com by following the available instructions and providing the relevant information as requested in the Activeworldclub.net and AWCExchange.com, in order to set up your bank account from which you may transfer USD via SWIFT and receive in your Digital Asset Wallet these funds in USDT. Such bank account shall be: (i) located in the jurisdiction where you are registered as a user of the Activeworldclub.net Member Services; and (ii) approved and verified by our Payment Service Partner providing the USDT Bank Transfer feature (“PSP Verified Bank Account”). If you have any queries regarding the foregoing, please refer to the FAQ page on the Site accessible at the following link:
(b) Upon enabling the USDT Bank Transfer feature pursuant to Clause 7.1C(a) above, you may top up your Digital Asset Wallet with USDT by instructing a bank transfer (cash and/or third party deposits are not accepted) via SWIFT in USD (“USD Top-up”) from your PSP Verified Bank Account.
(c) Our USD Funding service is provided by our Payment Service Partner. By sending us a USD Funding instruction through the Activeworldclub.net and AWCExchange.com, you agree and authorize our Payment Service Partner to handle and process your USD Funding instructions.
(d) You shall only make a USD Funding if you are the registered beneficial owner of both the PSP Verified Bank Account and your Activeworldclub.net account. If you are the registered beneficial owner of both the bank account from which you wish to transfer USD from and your Activeworldclub.net account, but the registered account names are inconsistent or our Payment Service Partner/we are unable to verify your bank account for whatever reason, we may require you to provide additional proof prior enabling the USDT Bank Transfer feature.
(e) We do not charge any fees for USD Funding, however, USD Funding are subject to prescribed limits as referenced in the “Fees & Limits” section on the Activeworldclub.net and AWCExchange.com. Any fees chargeable by your bank and/or their intermediary banks relating to the USD Top-up, including but not limited to any administration or currency conversion fees, intermediary banks’ processing fees and your bank’s processing fees (“USD Funding Fees”) shall be borne by you entirely.
(f) Upon confirmation by our Payment Services Partner that your USD Funding instruction has been effected and upon receipt and successful identification of the respective deposit, we will credit the corresponding value of the funds in USDT at a 1:1 ratio less any USD Funding Fees to your Digital Asset Wallet. You should allow between 3 to 6 business days for the funds to reach your Digital Asset Wallet.
(g) All USD Funding are not reversible or refundable, unless we determine, at our absolute discretion that it is in our interest to do so. In addition, we and/or our Payment Service Partner may, at our absolute discretion, reverse, cancel, void or refuse to process any USD Funding instructions. In the event your USD Funding is rejected, any fees already charged by banks, including their intermediary banks, are non-refundable.
(h) Without prejudicing our rights to claim further damages from you, you shall immediately indemnify us for any loss and damage and expenses arising from any mistaken, erroneous or fraudulent USD Funding Instructions (which may include but are not limited to, transactions made from unrecognized bank accounts or with missing or incorrect unique codes, or transfers exceeding our prescribed limits) given by you or sent from your account (collectively “Erroneous USD Funding Instruction(s)”). The erroneous or fraudulent nature of your instruction shall be determined by us based on reasonable evidence. You further agree that if any fund is required to be returned to its origin due to any Erroneous USD Funding Instructions: (i) you will be subject to an administration fee of USD 10 per return; (ii) any other fees incurred from such return shall be borne by you entirely; and (iii) funds will only be remitted to the bank account from which such funds were originally received.
7.1D. Withdrawals of USDT from your Digital Asset Wallet via USDT Bank Transfer
(a) You may withdraw USDT by instructing a bank transfer (“USDT Withdrawal”) from your Digital Asset Wallet to your PSP Verified Bank Account, meaning the same bank account set up under Clause 7.1C(a), by following the available instructions and providing the relevant information as requested in the Activeworldclub.net and AWCExchange.com, or by referring to the AWC Concierge Bot in the Members Community.
(b) Our USDT Withdrawal service is provided by our Payment Service Partner. By sending us a USDT Withdrawal instruction through the Activeworldclub.net and AWCExchange.com, you agree and authorize our Payment Service Partner to handle and process your USDT Withdrawal instructions and transfer your withdrawal funds in USD to your PSP Verified Bank Account.
(c) We do not charge any fees for USDT Withdrawals, however, USDT Withdrawals are subject to prescribed limits as referenced in the “Fees & Limits” section on the Activeworldclub.net and AWCExchange.com. Any fees chargeable by SWIFT, your bank and any intermediary banks relating to the USDT Withdrawal, including but not limited to any administration or currency conversion fees, intermediary banks’ processing fees and your bank’s processing fees (“USDT Withdrawal Fees”) shall be borne by you entirely.
(d) Upon confirmation by our Payment Service Partner that your USDT Withdrawal instruction has been accepted and your withdrawal has been executed, our Payment Service Partner will, via its PSP, credit the corresponding value of the funds in USD at a 1:1 ratio less any USDT Withdrawal Fees to your PSP Verified Bank Account. You should allow between 2 to 5 business days for the funds to reach your PSP Verified Bank Account.
(e) All USDT Withdrawals are not reversible or refundable, unless we determine, at our absolute discretion that it is in our interest to do so. In addition, we and/or our Payment Service Partner may, at our absolute discretion, reverse, cancel, void or refuse to process any USDT Withdrawals. In the event your USDT Withdrawal is rejected, any fees already charged by banks, including their intermediary banks, are non-refundable.
(f) Without prejudicing our rights to claim further damages from you, you shall immediately indemnify us for any loss and damage and expenses arising from any mistaken, erroneous or fraudulent USDT Withdrawal instructions (which may include but are not limited to, transactions pertinent to unauthorized or fraudulent transfers previously effected within the Activeworldclub.net and AWCExchange.com, or transfers made to a closed or blocked bank account) given by you or sent from your account (collectively “Erroneous USDT Withdrawal Instruction(s)”). The erroneous or fraudulent nature of your instruction shall be determined by us based on reasonable evidence. You further agree that if any USDT Withdrawal is required to be reversed due to any Erroneous USDT Withdrawal Instructions: (i) you will be subject to an administration fee of USD 50 per reversal; and (ii) any other fees incurred from such reversal shall be borne by you entirely.
7.2. Digital Asset Transfers
(a) You may transfer any Digital Asset from your Digital Asset Wallet to a specified external address or to another Activeworldclub.net and AWCExchange.com user via the Activeworldclub.net and AWCExchange.com, with the exception of certain Digital Assets which are not supported in respect of Digital Asset Transfers, as determined by Activeworldclub.net at its sole discretion, and subject to change from time to time.
(b) Activeworldclub.net processes all Digital Asset Transfers according to the Instructions received from you and does not guarantee the identity of any recipient. You should verify all transaction information prior to submitting Instructions for a Digital Asset Transfer to Activeworldclub.net as the Digital Asset Transfer may not be cancelled or reversed once processed by Activeworldclub.net unless Activeworldclub.net decides at it sole discretion that the transaction should be cancelled or reversed and is technically capable of such cancellation or reversal. You acknowledge that you are responsible for ensuring the accuracy of any Instructions submitted to Activeworldclub.net and that any errors may result in the irreversible loss of your Digital Asset.
(c) You agree to have sufficient Digital Asset in the Digital Asset Wallet prior to instructing Activeworldclub.net to effect any Digital Asset Transfer. If your Digital Asset in your Digital Asset Wallet is not sufficient to cover the amount required for Activeworldclub.net to complete the Digital Asset Transfer, Activeworldclub.net will not proceed to effect the Digital Asset Transfer and Activeworldclub.net is under no obligation to attempt to fulfil your Digital Asset Transfer using an alternative method of transfer. You hereby authorize us to debit your Digital Asset Wallet(s) for the full amount required for Activeworldclub.net to complete the Digital Asset Transfer.
(d) We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party. We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Digital Assets transferred from your Digital Asset Wallet, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.
1. FIAT TO DA CONVERSIONS
8.1. When effecting a Fiat to DA Conversion, you are buying such Digital Asset from Activeworldclub.net directly. In this capacity, Activeworldclub.net will be dealing as a principal on its own account and will not be acting as an intermediary or marketplace between other buyers and sellers of Digital Asset.
8.2. For a Fiat to DA Conversion to be effected, you may effect a payment to Activeworldclub.net via:
(a) your debit or credit card by providing your debit or credit card details, as well as the relevant amount to be converted, through the Activeworldclub.net and AWCExchange.com. In such case, you acknowledge that the transfer of fiat currency will depend on the performance of such transfer by your bank. Upon Activeworldclub.net’s receipt of confirmation that such debit or credit card transaction has been authorized, Activeworldclub.net will credit the relevant amount of Digital Asset to your Digital Asset Wallet; or
(b) such other additional payment methods or payment instruments that Activeworldclub.net may from time to time approve.
You agree that only debit cards and/or credit cards which are issued to and/or registered in your name will be used to effect payments to Activeworldclub.net for Fiat to DA Conversions.
8.3. All Fiat to DA Conversions are irreversible and final once you have provided the relevant Instructions and/or payments to Activeworldclub.net and you may not change, withdraw or cancel the authorization to us as applicable to complete any pending or partially completed transactions. We shall not be liable for any partially completed transactions or delays in the processing of your instructions. If your payment is not successful or if your payment instrument has insufficient funds, you authorize us, in our sole discretion, either to cancel the transaction or to debit your other payment instruments, including balances on your Fiat Wallet for any amount necessary to complete the transaction.
8.4 We do not guarantee the availability of any exchange rate.
8.5 You shall be responsible for any fees charged by your bank or credit card issuer(s) (including but not limited to any international transaction fees, cash advance fees and transfer to overseas service charges) relating to the purchase of Digital Assets with your credit or debit card. Some banks or credit card issuers may treat the purchasing of Digital Assets with credit card as cash advance which may incur a high fee or interest rate. If you are in doubt, please check with your bank or credit card issuer prior to the purchasing of any Digital Assets.
8A. Purchase and use of Gift Cards
8A.1 Activeworldclub.net partners with third party gift card providers (“Gift Card Providers”) to offer gift cards, gift certificates, and other forms of prepaid access and stored value (each a “Gift Card”) which you may purchase via the Activeworldclub.net and AWCExchange.com. Prior to purchasing a Gift Card, please check and be aware of any expiry date, jurisdiction limitation and any disclaimers given by the issuer of the Gift Card (“Gift Card Issuer”) or the Gift Card Providers. It is your responsibility to carefully read and observe all terms, conditions, and disclosures relating to your purchase and use of the Gift Card. Except where required by Applicable Laws, are unable to refund the Gift Card under any circumstance that is not set forth herein. After you purchase a Gift Card, you will receive the redemption instructions via email at the email address that you last provided to us through appropriate channels and as evidenced in our records (“Gift Card Redemption Instructions”). You may then redeem the Gift Card in accordance with the Gift Card Redemption Instructions.
8A.2 For a Gift Card that has been delivered to you via email or the Activeworldclub.net and AWCExchange.com, unless we made a mistake by selling you a Gift Card that is not redeemable in the countries listed, we shall not be obliged to and will not refund to you the purchase value of the Gift Card. Please be aware that certain Gift Cards may only be redeemed within specified jurisdictions.
8A.3 For a Gift Card that is unable to be delivered to you after payment has been received by us due to system failure or if the Gift Card is out of stock or unavailable at the time of the transaction, we shall refund to you the purchase value of the Gift Card in full.
8A.4 Your order and use of the Gift Card is fulfilled and delivered by the Gift Card Providers, if you encounter any issues arising from the Gift Card including the redemption of the Gift Card, we will assist you to contact the Gift Card Provider to resolve the issues. Notwithstanding the foregoing, we shall not be responsible for the delivery or your use or redemption of the Gift Card.
8A.5 The risk of loss and title for Gift Cards pass to you upon the electronic transmission or transfer of the Gift Card to you or the designated recipient. You are solely responsible for safeguarding the Gift Card from unauthorized use and Activeworldclub.net shall not be responsible if any Gift Card is lost, stolen, destroyed, or otherwise used without your permission. You agree that the Gift Card Provider and/or the Gift Card Issuer are responsible for any local requirements that relate to the respective Gift Card(s) that they provide, issue, or otherwise make available and that any discrepancy associated with such local requirements shall be disputed between you and the Gift Card Provider and/or Gift Card Issuer
8A.6 In the event that a Gift Card Provider or Gift Card Issuer assigns the benefit of its credits to a third party, is declared insolvent, or has appointed or has arranged to appoint a receiver or trustee in bankruptcy to take charge of all or part of its property and is therefore unable to fulfil your use or redemption of the Gift Card, except as expressly stated herein or otherwise provided by any Applicable Laws’ local consumer protection regime, Activeworldclub.net shall not be obliged to and will not refund to you the purchase value of the Gift Card and there is a chance that you are unable to recover any amount from the Gift Card Provider or Gift Card Issuer.
8B. Purchase and use of mobile airtime
8B.1 Activeworldclub.net offers a feature within the Activeworldclub.net and AWCExchange.com that enables users to top up a pre-paid phone number by purchasing mobile airtime with specific types of Digital Assets (“Pay Airtime”). Prior to purchasing Pay Airtime, please check and be aware of the restrictions and/or limitations regarding the purchase and use of Pay Airtime. It is your sole responsibility to carefully read and observe all such restrictions and/or limitations, we shall not be obliged to and will not offer any refund due to your negligence or oversight in observing any restrictions and/or limitations regarding the purchase or use of Pay Airtime. After you purchased Pay Airtime, you will receive a confirmation email at your last known email address in our records. The confirmation email acts as a record of the purchase and may include redemption instructions (“Pay Airtime Redemption Instructions”) depending on your network operator. You may then redeem the Pay Airtime in accordance with the Pay Airtime Redemption Instructions.
8B.2 It is your sole responsibility to ensure the accuracy and correctness of the necessary information to enable your use of Pay Airtime, including, but not limited to, the phone number, the country, the network operator and the amount of the top-up. We shall not be responsible for any consequences arising from the inaccuracy and incorrectness of any information provided by you.
8B.3 For Pay Airtime that is unable to be redeemed after payment has been received by us due to our system failure, we shall refund to you the purchase value of the Pay Airtime in full.
8B.4 The purchase and use of Pay Airtime is enabled by your network operator, if you encounter any issues arising from Pay Airtime including the activation of the Pay Airtime, we will use reasonable endeavors to assist you to contact your network operator to resolve the issues, and it is in the sole discretion of your network operator to determine how to correct the issues. With regards to such issues, we shall not be obliged to and will not refund to you the purchase value of the Pay Airtime.
8C. Activeworldclub.net Pay
8C.1 Activeworldclub.net offers a payment solution within the Activeworldclub.net and AWCExchange.com that enables users to send Digital Assets to other users and pay qualifying merchants with the Digital Asset of their choice (“Activeworldclub.net Pay”). A receipt will be sent to your registered email address once a Activeworldclub.net Pay transfer or purchase has been confirmed.
8C.2 If you pay for a purchase via Activeworldclub.net Pay with AWB, AWBT AND AWRT you may be entitled to receive a certain amount of AWB, AWBT AND AWRT back (“Pay Rewards”) via the Activeworldclub.net and AWCExchange.com after you have successfully completed your qualifying purchase from a qualifying merchant using Activeworldclub.net Pay. This entitlement and the corresponding amount of Pay Rewards is contingent upon the merchant of record and the amount of AWB, AWBT AND AWRT you have staked. Activeworldclub.net reserves the right to not process a payment for any reason, refuse to pay any Pay Rewards or add, remove or change the list of qualifying merchants.
8C.3 All refunds will be made in AWB, AWBT AND AWRT regardless of the type of Digital Asset you may have used to pay for your Activeworldclub.net Pay purchase. All refunds will be subject to a handling fee of 10 AWB, AWBT AND AWRT, unless otherwise stated. Refunds below 10 AWB, AWBT AND AWRT or its equivalent will not be processed, except where required by law.
8C.4 Activeworldclub.net has the sole discretion in determining whether Pay Rewards shall be granted or whether you shall be eligible for any refund. If you believe that you are entitled to any unreceived Pay Rewards, or your transaction is otherwise eligible for a refunds, please contact us at us at contact@Activeworldclub.net.
2. OTHER PROVISIONS APPLICABLE TO OUR SERVICES
9.1. Activeworldclub.net reserves the right to, in its sole discretion, refuse to process or to cancel any pending request from you for any Digital Asset Transfer, Digital Asset Conversion or Fiat to DA Conversion (each, a “Transaction”), including for purposes of compliance with Applicable Law.
9.2. Activeworldclub.net securely stores 100% of all Digital Asset private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Activeworldclub.net to retrieve this information from offline storage in order to facilitate a Transaction in accordance with your Instructions, which may delay the initiation or crediting of such Transaction for 48 hours or more. As a user of the Activeworldclub.net Member Services, you accept the risk that a Transaction facilitated by Activeworldclub.net may be delayed and you agree not to hold Activeworldclub.net responsible for any loss or damage arising out of or related to such delay.
9.3. It is your sole responsibility to determine whether, and to what extent, any Taxes apply to any transactions associated with your receipt or transfer of Digital Assets, and/or to the Transactions you conduct, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate tax authorities. Your Transaction History is available through the Activeworldclub.net and AWCExchange.com. We are not obligated to, nor will we determine whether, and to what extent, Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.
9.4. The loading of Digital Asset to your Digital Asset Wallet and/or any Transaction are subject to limits imposed by Activeworldclub.net (as may be amended from time to time in Activeworldclub.net’s sole discretion). Such limits are set out in the Activeworldclub.net and AWCExchange.com but Activeworldclub.net may, in its sole discretion, apply different limits to you specifically. We may also require you to submit additional information about yourself (including any person associated with you and your activities), provide records of, and arrange for meetings with Activeworldclub.net staff to discuss your loading of Digital Asset to your Digital Asset Wallet or any Transaction you have effected.
9A. FORK
9A.1 You agree and understand that the underlying protocols of the Digital Assets’ networks are subject to changes (each a “Fork”) which may result in more than one version of such network (each a “Forked Network”). You further agree and understand that Forks may materially affect the value, function, and/or name of the Digital Assets you hold on the Activeworldclub.net and AWCExchange.com.
9A.2 In the event of a Fork, Activeworldclub.net may temporarily suspend any Activeworldclub.net Member Services (with or without advance notice to you) and we may determine, in our sole discretion, whether or not to support the Forked Network(s). In the event that Activeworldclub.net decides not to support any such Forked Network (“Unsupported Forked Network”), the Digital Assets offered by such Unsupported Forked Networks will not be made available to you. Notwithstanding the foregoing, we may, in our sole discretion obtain and retain the Digital Assets offered by such Unsupported Forked Network as property belonging solely to Activeworldclub.net.
9A.3 You acknowledge the risks presented by Forks and hereby accept that we have no responsibility for any losses or damage arising as a result of an Unsupported Forked Network.
3. FEES
10.1. Your use of the Activeworldclub.net Member Services is subject to maintaining a monthly membership. We currently offer four monthly membership types; Friends and Family ($10.00), Individual User ($25), Trader ($119) and Corporate ($250). In the event a members generates $500 in affiliate fees or $500 in AWC site fees over a 30-day period then their monthly fee will be waived for the next monthly pay period
AWCExchange.com fees can be found at www.awcexchange.com
10.2. All applicable Fees listed on the Activeworldclub.net and AWCExchange.com and the Site are exclusive of any applicable Taxes and the actual Fee charged will be increased to account for any such applicable Taxes.
10.3 Activeworldclub.net will issue a payment notice to you for any Fees or amount that you owe us, including but not limited to any amount owed to us as a result of us exercising our rights under Clauses 2.2(b) or (c). If such amount is not repaid within 7 days from the date of notification, you confirm and authorize Activeworldclub.net to recover such amount from your other accounts with Activeworldclub.net by debiting any assets in those accounts.
4. INTELLECTUAL PROPERTY RIGHTS
11.1. You acknowledge and agree that:
(a) the Activeworldclub.net trademarks and logos, and any other logos, service marks, product names and other proprietary indicia used in the Activeworldclub.net and AWCExchange.com are the property of either Activeworldclub.net or third party licensors (collectively, the ” Trademarks”);
(b) the intellectual property rights in and to the Activeworldclub.net Member Services are either owned by us or licensed to us by third party licensors;
(c) other than the license expressly granted by you in these Terms, no other rights are granted to you in respect of either the Trademarks, the Activeworldclub.net and AWCExchange.com or the Activeworldclub.net Member Services; and
(d) no part or parts of the Activeworldclub.net and AWCExchange.com may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.
5. CONDUCT
12.1. Without prejudice to the foregoing, you undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):
(a) use the Activeworldclub.net and AWCExchange.com to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk mail or chain letters;
(b) use the Activeworldclub.net and AWCExchange.com to perform illegal, unlawful or immoral activities (including but not limited to money laundering, terrorism financing and fraudulent activities);
(c) use the Activeworldclub.net and AWCExchange.com to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is unlawful, immoral or illegal or contains any other harmful or deleterious program;
(d) modify or adapt the whole or any part of the Activeworldclub.net and AWCExchange.com or combine or incorporate the Activeworldclub.net and AWCExchange.com into another other program or application;
(e) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Activeworldclub.net and AWCExchange.com or any components thereof;
(f) use the Activeworldclub.net and AWCExchange.com in any manner that would lead to the infringement of our, our Affiliates’ or any other third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests;
(g) use the Activeworldclub.net and AWCExchange.com in a way that could damage, disable, impair or compromise the Activeworldclub.net and AWCExchange.com or the provision of the Activeworldclub.net Member Services (or the systems or security of the Activeworldclub.net and AWCExchange.com or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Activeworldclub.net. You undertake not to gain or attempt to gain unauthorized access to the account or wallets of other users;
(h) take any action that imposes an unreasonable or disproportionately large burden or load on the Activeworldclub.net infrastructure (including, but without limitation to our servers, networks, data centers and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Services;
(i) engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws;
(j) provide false, inaccurate, incomplete or misleading information to Activeworldclub.net or any of its Affiliates or third party services providers; or
(k) deposit with Activeworldclub.net any Digital Assets or fiat currency forming part of the proceeds of any criminal or unlawful activity.
6. DATA PROTECTION
13.1. By using the Activeworldclub.net Member Services, you confirm that you have read and understood our Privacy Notice and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorized service providers and relevant third parties. We will only share your Personal Data in order to facilitate and administer your use of the Activeworldclub.net Member Services or otherwise if required by law or any of our counterparty who is the controller of your data. Such data controller will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Notice, which is attached hereto as Exhibit A.
13.2. We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes.
7. ELECTRONIC COMMUNICATIONS
14.1. You shall accept full responsibility for the security and authenticity of all Instructions sent via the Activeworldclub.net and AWCExchange.com and you shall be bound by all such Instructions. We shall be entitled to assume that all Instructions received from your Enabled Device via the Activeworldclub.net and AWCExchange.com are yours. We shall be under no obligation whatsoever to verify that such Instructions are in fact yours.
14.2. You are aware that Instructions and information transmitted via the Activeworldclub.net and AWCExchange.com are generally transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information so transmitted will in fact be completely protected against such unauthorized access, and you accept these associated risks.
14.3. Any Instructions sent by you to us shall only be deemed to be received by us when we have successfully retrieved such Instructions from the relevant system and duly informed you of such receipt. In addition, any Instructions sent by you to any third parties (for example, network merchants) shall only be deemed to have been received by such third parties in accordance with their terms and conditions.
14.4. You agree without prejudice to any of these Terms, that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communication, to the maximum extent permitted under applicable law, such terms shall not apply to your use of the Activeworldclub.net Member Services and that you shall be liable for any damage that may be caused through the use of the Internet – i.e. through loss, delay, misunderstandings, corrupted texts, unauthorized interceptions by third parties or duplicates.
14.5. You acknowledge and agree that in the event of any dispute arising in connection with your use of the Activeworldclub.net Member Services, our records (including electronic, computer and microfilm stored records) of all matters relating to your use of the Activeworldclub.net Member Services and/or of you (including Transaction History) at any specified date shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes whatsoever. In addition, you agree to the admissibility of such documents without further requirement of proof of authenticity or accuracy in a court of law under applicable evidentiary law, rules and/or regulations.
8. LIMITATION OF SERVICES / TERMINATION / ACCOUNT CLOSURE
15.1. Activeworldclub.net may at any time and without liability to, terminate, suspend, or limit your use of the Activeworldclub.net Member Services (including but not limited to freezing the Digital Assets in your account or freezing or closing your Digital Asset Wallet, refusing to process any transaction, or wholly or partially reversing, cancelling or voiding any transactions that have been effected) for any reason, including (but not limited to): (a) in the event of any breach by you of these Terms and all other applicable terms; (b) for the purposes of complying with Applicable Laws; (c) where Activeworldclub.net suspects that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities); (d) to remedy the effects of any defect in or compromise to any information system upon which Activeworldclub.net relies on; (e) as may be informed by its internal monitoring policy and the profile of spending reasonably anticipated for the type of consumer group you belong to; or (f) in Activeworldclub.net’s absolute opinion that an order or transaction has been executed based on an aberrant value.
15.2. Your obligations under these Terms will continue in the event of such suspension or termination described in Clause 15.1 above.
15.3. You shall not be entitled to any payment, compensation or damages from us in relation to any suspension, reversal or termination of your use of the Activeworldclub.net Member Services for any reason whatsoever. Any limitation, suspension or termination of your use of the Activeworldclub.net Member Services for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such limitation, suspension or termination, has already accrued.
15.4. Our rights of limitation, suspension and termination under these Terms shall be without prejudice to any other rights or remedies which we may have (whether under these Terms, Applicable Law or otherwise).
15.5. If you wish to suspend or terminate your access to and use of any of the Activeworldclub.net Member Services or close your account, you are required to submit a request to Activeworldclub.net in such manner and form and accompanied by such information and supporting documentation as may be required by us to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension or termination.
15.5A If, at the time of the submission of your account closure request, your account has any outstanding or ongoing obligations, commitments or activities, including but not limited to any fixed term loan, deposits or Staking or any amount due to Activeworldclub.net, you agree that Activeworldclub.net shall not be obliged to process such closure request until all such obligations, activities or commitments have been discharged or expired.
15.6. If you have a remaining balance in your account which has been suspended or closed, you are entitled to recover such Digital Assets from your Digital Asset Wallet and fiat from your Fiat Wallet unless we are prohibited by law or a court order to release such Digital Assets or fiat, respectively, or where we have reasonable grounds to suspect that such Digital Assets or fiat were obtained through fraud or any unlawful means or connected with any criminal activities. If you have any questions about this Clause, please contact us at concierge@activeworldclub.net.
15.7 We may at any time and without notice to you (i) set off any amount we owe you against any amount that you owe us; or (ii) recover any amount you owe us (in either case, whether or not the obligation is matured or contingent and irrespective of the currency, asset or place of payment). Any amounts that are so set off will be discharged promptly and in all respects.
9. CUSTOMER FEEDBACK, QUERIES, AND COMPLAINTS
16.1. If you have any feedback, questions or complaints, please contact us via email at contact@Activeworldclub.net or through our live chat available on the Activeworldclub.net and AWCExchange.com. Whilst we strive to respond to you as soon as possible, for more complicated issues, it may take us up to 45 days to resolve and get back to you. You accept and agree that we shall not be responsible for any loss and damage incurred during such period.
10. LIMITATION OF LIABILITY
17.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING TITLE, NON-INFRINGEMENT, TIMELINESS, QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE (REGARDLESS OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE ACTIVEWORLDCLUB.NET MEMBER SERVICES PROVIDED UNDER THESE TERMS. ADDITIONALLY, ACTIVEWORLDCLUB.NET DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE ACTIVEWORLDCLUB.NET ATTEMPTS TO MAKE YOUR USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR LIABILITY IN RESPECT OF REPRESENTATIONS AND WARRANTIES THAT CANNOT BE EXCLUDED IS LIMITED, AT OUR OPTION, TO ANY ONE OF:
(i) RE-SUPPLYING, REPLACING OR REPAIRING THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR
(ii) PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
17.2. NOTWITHSTANDING ANYTHING IN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGE OR CLAIMS:
(i) DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT, OUTSIDE OUR REASONABLE CONTROL AND THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS);
(ii) ARISING FROM OR IN CONNECTION WITH:
(A) ANY INTERRUPTION, DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF THE ACTIVEWORLDCLUB.NET AND AWCEXCHANGE.COM OR ACTIVEWORLDCLUB.NET MEMBER SERVICES;
(B) ANY REFUSAL TO PROCESS OR AUTHORISE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
(C) YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE OR BREAKDOWN / NON-AVAILABILITY OF THE ACTIVEWORLDCLUB.NET AND AWCEXCHANGE.COM, NETWORK, OUR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES;
(D) USE OF YOUR ENABLED DEVICE AND THE ACTIVEWORLDCLUB.NET MEMBER SERVICES BY THIRD PARTIES, WHETHER AUTHORIZED OR UNAUTHORIZED BY YOU;
(E) ANY THEFT OR LOSS OF YOUR ENABLED DEVICE;
(F) ANY UNAUTHORISED OR INELIGIBLE USE OF THE ACTIVEWORLDCLUB.NET MEMBER SERVICES CONTRARY TO THESE TERMS;
(iii) DUE TO COMPLIANCE WITH APPLICABLE LAWS AND/OR COURT ORDERS;
(iv) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOST DATA, OTHER INTANGIBLE LOSSES, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER OUR OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
(v) RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
17.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SERVICES EXCEED THE FEES YOU PAID US FOR YOUR USE OF THE SERVICES DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
17.4. We shall not be liable for fault on the part of any third party service providers instructed by us. In such cases, our liability shall be limited to using reasonable care in the selection, appointment and instruction of such third party service providers (but not of any sub-contractor or other third party such third party service provider may use).
17.5. Nothing in these Terms shall operate to limit or exclude any liability for fraud, gross negligence or for death or personal injury resulting from negligence.
17.6. THE PARTIES AGREE THAT ANY CLAIMS AGAINST THE OTHER UNDER THESE TERMS MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. NO COURT OR ADJUDICATOR MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED TO ANY USER OF THE ACTIVEWORLDCLUB.NET MEMBER SERVICES CANNOT AND MAY NOT AFFECT ANY OTHER USERS.
11. INDEMNIFICATION
18.1. You agree to indemnify and hold Activeworldclub.net and its third party service providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (a) your breach of any of these Terms; (b) your use of the Activeworldclub.net and AWCExchange.com and/or the Activeworldclub.net Member Services; and (c) your violation of any Applicable Laws or regulations of any jurisdiction, or the rights of any third party.
12. AMENDMENT AND VARIATION
19.1. These Terms may from time to time be updated or amended. We will post any such updates on the Activeworldclub.net and AWCExchange.com or Site. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Activeworldclub.net and AWCExchange.com and Site to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Activeworldclub.net and AWCExchange.com without prior notice. By continuing to use the Activeworldclub.net and AWCExchange.com and/or the Activeworldclub.net Member Services after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Activeworldclub.net and AWCExchange.com. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Activeworldclub.net and AWCExchange.com and/or the Activeworldclub.net Member Services immediately.
13. TRANSFER, ASSIGNMENT OR DELEGATION
20.1. These Terms, and any rights and obligations and licenses granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the Activeworldclub.net group, or to any successor in interest of any business associated with the Activeworldclub.net Member Services. Any attempted transfer or assignment in violation hereof shall be null and void.
14. SEVERABILITY
21.1. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
15. ENTIRE AGREEMENT / TRANSLATION
22.1. These Terms constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). You acknowledge that in agreeing to these Terms you do not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
22.2. These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail (except where expressly prohibited by law).
16. WAIVER
23.1. These Terms shall not be waived in whole or in part except where agreed by all parties in writing.
23.2. The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
17. NOTICES AND COMMUNICATIONS
24.1. By using the Activeworldclub.net Member Services, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the Activeworldclub.net Member Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.
24.2. Notices to us should be sent electronically to our support system at contact@Activeworldclub.net.
18. THIRD PARTY RIGHTS
25.1. Other than any entities within the Activeworldclub.net group, a person who is not a party in these Terms has no right to enforce any of these Terms.
19. GOVERNING LAW AND JURISDICTION
26.1. These Terms are governed by and shall be construed in accordance with the laws of United States of America without regard to any choice or conflict of laws rules.
26.2. Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally settled by binding arbitration.
EXHIBIT A
Last Material Update: November 3 2021
Welcome to Activeworldclub.net and AWCExchange.com Global Privacy Notice (“Privacy Notice”). Please spend a few minutes to read it carefully before providing us with any information about you or any other person.
1. Introduction
We respect your privacy, and we are committed to protecting your personal data. This Privacy Notice applies to the processing of personal data by Activeworldclub.net and AWCExchange.com in connection with:
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use of any of our products, services or applications (together the “Services”),
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visit or use of our websites, Activeworldclub.net and AWCExchange.com, madhattersociety.com and activeworldclub.goaffpro.com (“Site”) or mobile application (“App”).
Please note that our Services, Site and App are not intended for minors below the age of 18 years and we do not knowingly collect data relating to minors.
For services provided by other Activeworldclub.net and AWCExchange.com companies, please carefully read the respective privacy notice or policy available on the Site, in the App or through the links below.
2. Purpose
This Privacy Notice aims to give you information on why and how we collect and process your personal data.
It is important that you read this Privacy Notice together with any other notice or policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of why and how we are using your data. This Privacy Notice supplements other notices and policies and is not intended to override them.
For your easy reference, you may find below the privacy terms for other products or services provided by our corporate family, as well as the privacy terms for other jurisdictions where our business operates. Please note that all or part of our Services may not be available in your region.
3. Who we are
Data Controllers
The controller of your personal data is the legal entity that determines the “means” and the “purposes” of any processing activities that it carries out. Since Activeworldclub.net and AWCExchange.com is operating around the globe, for your convenience, you may find in the table below the respective details relevant to you when it comes to the exact entity which is the data controller of your personal data.
Data Protection BOT
We have developed a Data Protection BOT (“DPB”) who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions or complaints related to this Privacy Notice or our privacy practices, or if you want to exercise your legal rights, please contact our DPB at DPB@activeworldclub.net.
Complaints
You have the right to make a complaint about the way we process your personal data to a supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach a data protection regulatory authority, so please feel free to contact us in the first instance.
Our duties and your duties in case of changes
We keep our Privacy Notice under regular review. This version was last updated on the date above written. Please check from time to time for new versions of the Privacy Notice. We will also additionally inform you on material changes of this Privacy Notice in a manner which will effectively bring the changes to your attention. It is important that the personal data we hold about you is accurate and up-to-date. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
The Site and any applicable web browser, the App or application programming interface required to access the Services (“Applications”), may include links to third-party websites, plug-ins and applications (“Third-Party Sites”). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these Third-Party Sites and are not responsible for their privacy statements and policies. When you leave our Site or Applications, we encourage you to read the privacy notice or policy of every Third-Party Site you visit or use.
4. What data we collect about you
Personal data
Personal data, or personal information means any information that relates to an identified or identifiable living individual. This is a broad definition which includes the specific pieces of personal data which we have described below. It does not include data which cannot be used to identify an individual person, such as a company registration number.
A “data subject” is an individual who can be identified, directly or indirectly, by personal data. This is usually by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data. It does not include data where the identity has been removed (anonymous data).
Depending on whether and how you use our Services, Site or App, we will collect, use, store and transfer different kinds of personal data about you which we have grouped in categories as follows:
Category of Personal Data
Examples of specific pieces of personal data
Identity Data
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first name,
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maiden name,
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last name,
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username or similar identifier,
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title,
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date of birth and gender,
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biometric information, including a visual image of your face,
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national identity cards,
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passports, driving licenses or other forms of identification documents.
Social Identity Data
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your group/company data,
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information on referrals related to you,
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political background,
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close connections,
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behavioral data,
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risk assessment,
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compliance assessment.
Contact Data
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residence details,
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billing address,
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delivery address,
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home address,
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work address,
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email address and telephone numbers,
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proof of address documentation.
Financial Data
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bank account,
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payment card details,
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virtual currency accounts,
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stored value accounts,
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amounts associated with accounts,
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external account details,
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source of funds and related documentation.
Transactional Data
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details about payments to and from you,
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other details of any transactions you enter into using the Services, Site or App.
Investment Data
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information about your:
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investment objectives,
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investment experience,
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prior investments.
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Technical Data
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internet connectivity data,
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internet protocol (IP) address,
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operator and carrier data,
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login data,
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browser type and version,
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device type, category and model,
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time zone setting and location data,
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language data,
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application version and SDK version,
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browser plug-in types and versions,
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operating system and platform,
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diagnostics data such as crash logs and any other data we collect for the purposes of measuring technical diagnostics, and
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other information stored on or available regarding the devices you allow us access to when you visit the Site, or use the Services or the App.
Profile Data
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your username and password,
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your identification number as our user,
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information on whether you have Activeworldclub.net and AWCExchange.com App account and the email associated with your accounts,
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requests by you for products or services,
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your interests, preferences and feedback
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other information generated by you when you communicate with us, for example when you address a request to our customer support.
Usage Data
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information about how you use the Site, the Services, mobile applications and other offerings made available by us, including:
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device download time,
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install time,
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interaction type and time,
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event time, name and source.
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Marketing and Communications Data
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your preferences in receiving marketing from us or third parties,
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your communication preferences,
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your survey responses.
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As explained above under Identity Data, we will also collect a visual image of your face which we will use, in conjunction with our sub-contractors (See Section Disclosures of Your Data below), to check your identity for onboarding purposes. This data falls within the scope of special categories of data.
Special categories of personal data
Certain types of sensitive personal data are subject to additional protection under the legislation applicable to you. They are called “special categories” of personal data. The special categories are:
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Personal data revealing racial or ethnic origin.
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Political opinions.
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Religious or philosophical beliefs.
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Trade union membership.
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Genetic data and biometric data processed for the purpose of uniquely identifying a natural person.
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Data concerning health.
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Data concerning a natural person’s sex life or sexual orientation.
We will only use special categories of personal data for a specific purpose and if we are able to satisfy both the lawful basis requirements set out below, as well as at least one of the following additional conditions:
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You have given explicit consent.
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Processing relates to personal data which are manifestly made public by you.
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Processing is necessary for the establishment, exercise of defense of legal claims.
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Processing is necessary for reasons of substantial public interest based on EU or EU Member State law. We are subject to EU Anti-Money Laundering Directives and the relevant EU Member States’ law implementing them which require us to process for instance information from your ID documents including a photographic picture of you and a visual image of your face (the so called “liveness check”). The anti-money laundering legislation of the UK also requires us to process personal data in a similar way. See also the respective row in the table below which describes the purposes for which we will use your personal data.
If you refuse to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you refuse to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you – for example, to provide you Services. In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
5. How we collect your data
We use different methods to collect information from and about you, including through:
Direct interactions. You may give us your Identity Data, Social Identity Data, Contact Data, Financial Data, Profile Data and Marketing and Communications Data by directly interacting with us, including by filling in forms, providing a visual image of yourself via the Service, by email or otherwise. This includes personal data you provide when you:
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visit our Site or App;
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apply for our Services;
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create an account;
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make use of any of our Services;
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request marketing to be sent to you, for example by subscribing to our newsletters;
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enter a competition, promotion or survey, including through social media channels;
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give us feedback or contact us.
Automated technologies or interactions. Some of our websites are employing cookies. If you do not wish to have us use cookies , please elect not to accept cookies when asked.
Third parties or publicly available sources. We also obtain information about you, including Social Identity Data, from third parties or publicly available sources. These sources may include:
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fraud and crime prevention agencies,
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a customer referring you,
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public blockchain,
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publicly available information on the Internet (websites, articles etc.)
6. How we use your data
Lawful basis
We will only use your personal data when the applicable legislation allows us to. In other words, we have to ensure that we have a lawful basis for such use.
Most commonly, we will use your personal data in the following circumstances:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
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performance of a contract: means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract; we use this basis for provision of our Services;
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legitimate interests: means our interests (or those of a third party), where we make sure we use this basis as far as your interests and individual rights do not override those interests;
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compliance with a legal obligation: means processing your personal data where we need to comply with a legal obligation we are subject to;
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consent: means freely given, specific, informed and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to you; under specific circumstances this consent should be explicit – if this is the case, we will ask for it properly.
UNDER NO CIRCUMSTANCES WILL WE SELL YOUR PERSONAL DATA OR USE IT FOR UNAUTHORIZED PURPOSES.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose and/or activity
Categories of personal data
Lawful basis for processing
To register you as a new customer
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Identity Data
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Social Identity Data
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Contact Data
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Financial Data
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Performance of a contract
To carry out and comply with anti-money laundering requirements
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Identity Data
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Social Identity Data
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Contact Data
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Financial Data
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Compliance with a legal obligation
To process and deliver our Services and any App features to you, including to execute, manage and process any instructions or orders you make
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Identity Data
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Contact Data
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Financial Data
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Transactional Data
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Technical Data
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Marketing and Communications Data
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Performance of a contract
To prevent abuse of our Services and promotions
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Identity Data
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Contact Data
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Financial Data
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Transactional Data
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Technical Data
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Marketing and Communications Data
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Legitimate interests
To manage our relationship with you which will include asking you to leave a review, take a survey or keeping you informed of our company’s business and product development
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Identity Data
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Contact Data
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Profile Data
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Transactional Data
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Marketing and Communications Data
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Performance of a contract
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Consent, if required
To keep our records updated and to study how customers use our products/services
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Identity Data
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Contact Data
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Profile Data
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Transactional Data
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Marketing and Communications Data
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Legitimate interests
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Consent, if required
To manage, process, collect and transfer payments, fees and charges, and to collect and recover payments owed to us
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Identity Data
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Contact Data
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Financial Data
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Performance of a contract
To ensure good management of our payments, fees and charges and collection and recovery of payments owned to us
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Identity Data
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Contact Data
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Financial Data
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Legitimate interests
To manage risk and crime prevention including performing anti-money laundering, counter terrorism, sanction screening, fraud and other background checks, detect, investigate, report and prevent financial crime in broad sense, obey laws and regulations which apply to us and response to complaints and resolving them
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Identity Data
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Social Identity Data
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Contact Data
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Financial Data
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Technical Data
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Transactional Data
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Investment Data
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Sensitive Data (a.k.a. Special Categories Data) data that you give us directly or that we receive from third parties and/or publicly available sources: – data which might be revealed by KYC or other background checks (for example, because it has been reported in the press or is available in public registers); – data that is incidentally revealed by photographic ID although we do not intentionally process this personal data
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Compliance with a legal obligation
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We may also process such data in connection with these purposes if it is necessary for the performance of our contract with you
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In addition to our legal obligations, we may process this personal data based on our legitimate interest in ensuring that we are not involved in dealing with the proceeds of criminal activities and do not assist in any other unlawful or fraudulent activities, as well as to develop and improve our internal systems for dealing with financial crime and to ensure effective dealing with complaints
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For Special Categories Data, it is necessary for reasons of substantial public interest under EU Anti-Money Laundering Directives and the relevant EU Member States’ laws implementing them, as well as under the anti-money laundering legislation of the UK
To enable you to partake in a prize draw, competition or complete a survey
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Identity Data
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Contact Data
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Profile Data
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Usage Data
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Marketing and Communications Data
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Performance of a contract
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Consent, if required
To gather market data for studying customers’ behavior including their preference, interest and how they use our products/services, determining our marketing campaigns and growing our business
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Identity Data
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Contact Data
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Profile Data
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Usage Data
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Marketing and Communications Data
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Legitimate interests: understanding our customers and improving our products and services
To administer and protect our business, our Site, App(s) and social media channels including bans, troubleshooting, data analysis, testing, system maintenance, support, reporting, hosting of data
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Identity Data
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Contact Data
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Financial Data
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Technical Data
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Transactional Data
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Investment Data
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Legitimate interests: to run our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
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Identity Data
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Contact Data
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Profile Data
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Usage Data
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Technical Data
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Marketing and Communications Data
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Legitimate interests: to study how customers use our products/services, to develop them, to grow our business and to form our marketing strategy
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Consent, if required
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
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Technical Data
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Usage Data
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Legitimate interests: to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to form our marketing strategy
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Consent, if required
To make suggestions and recommendations to you about goods or services that may be of interest to you
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Identity Data
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Contact Data
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Technical Data
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Usage Data
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Profile Data
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Investment Data
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Marketing and Communications Data
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Legitimate interests: to develop our products/services and grow our business
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Consent, if required
To use the services of social media platforms or advertising platforms some of which will use the personal data they receive for their own purposes, including marketing purposes
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Technical Data
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Usage Data
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Consent
To use the services of financial institutions, crime and fraud prevention companies, risk measuring companies, which will use the personal data they receive for their own purposes in their capacity of independent controllers
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Identity Data
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Social Identity Data
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Contact Data
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Financial Data
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Transactional Data
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Investment Data
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Technical Data
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Usage Data
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Legitimate interests: to conduct our business activities on the market of financial services, to participate actively in the prevention of crime and fraud
To record voice calls for compliance, quality assurance and training purposes
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Identity Data
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Social Identity Data
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Contact Data
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Financial Data
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Transactional Data
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Legitimate interests: to comply with the industry standards and requirements in payments services, to ensure quality of our service, including by proper training of our personnel
Marketing
We may use your Identity Data, Contact Data, Technical Data, Transactional Data, Investment Data, Usage Data and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us and consented to receive marketing communications, or if you have purchased from us and you have not opted out of receiving such communications. We will use your Marketing and Communications Data for our respective activities.
Third-party marketing
We will get your opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.
Where you opt out of receiving marketing messages, this will not apply to service messages which are directly related to the use of our Services (e.g. maintenance, change in the terms and conditions and so forth).
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services or Site may become inaccessible or not function properly.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Sale or transfer of business
We may also need to process your data in connection with or during the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving all or a part of our shares, business or assets. This will be based on our legitimate interests in carrying out such transaction, or to meet our legal obligations.
7. Disclosures of your data
We share your personal data with our third-party service providers, agents, subcontractors and other associated organizations, our group companies, and affiliates (as described below) in order to complete tasks and provide the Services and use of the Activeworldclub.net and AWCExchange.com App to you on our behalf. When using third party service providers, they are required to respect the security of your personal data and to treat it in accordance with the law.
We may pass your personal data to the following entities:
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companies and organizations that assist us in processing, verifying or refunding transactions/orders you make and in providing any of the Services that you have requested;
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identity verification agencies to undertake required verification checks;
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fraud or crime prevention agencies to help fight against crimes including fraud, money-laundering and terrorist financing;
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anyone to whom we lawfully transfer or may transfer our rights and duties under the relevant terms and conditions governing the use of any of the Services;
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any third party because of any restructure, sale or acquisition of our group or any affiliates, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us; and
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regulatory and law enforcement authorities, whether they are outside or inside of the EEA, where the law allows or requires us to do so.
8. International transfers
We share your personal data within our group. This will involve transferring your personal data outside the European Economic Area (EEA) or the UK.
Many of our external third parties are based outside the EEA or the UK so their processing of your personal data will involve a transfer of data outside the EEA or the UK.
Whenever we transfer your personal data out of the EEA or the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
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the country to which we transfer your personal data has been deemed to provide an adequate level of protection for personal data by the European Commission;
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a specific contract approved by the European Commission which gives safeguards to the processing of personal data, the so called Standard Contractual Clauses.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA or the UK. Please also note that future changes to the Standard Contractual Clauses are expected for transfers from the UK. When this situation arises, we will comply with the guidance provided by the UK supervisory authority in this regard.
9. Data security
While there is an inherent risk in any data being shared over the internet, we have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, damaged, or accessed in an unauthorized or unlawful way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
Depending on the nature of the risks presented by the proposed processing of your personal data, we will have in place the following appropriate security measures:
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organizational measures (including but not limited to staff training and policy development);
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technical measures (including but not limited to physical protection of data, pseudonymization and encryption); and
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securing ongoing availability, integrity, and accessibility (including but not limited to ensuring appropriate back-ups of personal data are held).
We have put in place procedures to deal with any suspected personal data breach and will notify you and any relevant regulator of a breach where we are legally required to do so.
10. Data retention
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Here are some exemplary factors which we usually consider when determining how long we need to retain your personal data:
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in the event of a complaint;
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if we reasonably believe there is a prospect of litigation in respect to our relationship with you or if we consider that we need to keep information to defend possible future legal claims (e.g. email addresses and content, chats, letters will be kept up to 10 years following the end of our relationship, depending on the limitation period applicable in your country);
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to comply with any applicable legal and/or regulatory requirements with respect to certain types of personal data:
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under the EU Anti-Money Laundering legislation (Anti-Money Laundering Directives) we are obliged to retain your personal data for a period of 5 years after the end of the relationship between us as a company and you as a customer; this period may be further extended in certain cases if so provided by and in accordance with the applicable legislation; the same is valid also under the anti-money laundering legislation of the UK;
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if information is needed for audit purposes and so forth;
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in accordance with relevant industry standards or guidelines;
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in accordance with our legitimate business need to prevent abuse of the promotions that we launch. We will retain a customer’s personal data for the time of the promotion and for a certain period after its end to prevent the appearance of abusive behavior.
11. Your legal rights
You have rights we need to make you aware of. The rights available to you depend on our reason for processing your personal data. If you need more detailed information or wish to exercise any of the rights set out below, please concierge@activeworldclub.net .
You may:
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request access to your personal data, which enables you to obtain confirmation of whether we are processing your personal data, to receive a copy of the personal data we hold about you and information regarding how your personal data is being used by us;
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request rectification of your personal data by asking us to rectify information you think is inaccurate and to complete information you think is incomplete, though we may need to verify the accuracy of the new data you provide to us;
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request erasure of your personal data by asking us to delete or remove personal data we hold about you; note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you;
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object to the processing of your personal data, 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 as you feel it impacts on your fundamental rights and freedoms; in some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms; you also have the right to object where we are processing your personal data for direct marketing purposes;
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require that decisions be reconsidered if they are made solely by automated means, without human involvement; we use automated tools to make sure that you are eligible to be our customer taking into account our interests and legal obligations; if these automated tools indicate that you do not meet our acceptance criteria, we will not onboard you as our customer;
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request restriction of processing your personal data, which enables you to ask us to suspend the processing of your personal data, if you want us to establish the data accuracy; where our use of the data is unlawful, but you do not want us to erase it; where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims, or if you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it;
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request the transfer of your personal data to you or to a third party, and we will provide to you, or a third party you have chosen (where technically feasible), your personal data in a structured, commonly used, machine-readable format; note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you;
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withdraw consent at any time where we are relying on consent to process your personal data; however, this will not affect the lawfulness of any processing carried out before you withdraw your consent; if you withdraw your consent, we may not be able to provide certain products or services to you, but we will advise you if this is the case at the time you withdraw your consent;
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is manifestly unfounded or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
Period for replying to a legitimate request
The statutory period for us to reply to a legitimate request is one month. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.
Please note that we may request that you provide some details necessary to verify your identity when you request to exercise a legal right regarding your personal data.