Compliance

Privacy Policy

ArbiSmart OÜ
This Privacy Policy applies to all information that the ArbiSmart OÜ Website arbismart.com can receive about the User while using the company’s website.

1. DEFINITION OF TERMS
1.1 The following terms are used in this Privacy Policy:
1.1.1. „Website Administration“ means authorized employees of the website management, acting on behalf of ArbiSmart OÜ, who organize and/or perform personal data processing, as well as determine the purposes of personal data processing, the composition of personal data to be processed, the actions (operations) performed with personal data.
1.1.2. „Personal data“ means any information related to a person directly or indirectly determined by an individual (a subject of personal data).
1.1.3. „Personal data processing“ means any action (operation) or set of actions (operations) performed using automation tools or without using such means with personal data, including collection, recording, systematization, accumulation, storage, updating (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
1.1.4. „Confidentiality of personal data“ – a mandatory requirement for the Operator or other person who has access to a personal data to prevent their dissemination without the consent of the subject of personal data or other legal grounds.
1.1.5. „User“ means a person who has access to the Website, through the Internet and using the Company’s Website.
1.1.6. „Cookies“ is a small piece of data sent by a web server and stored on a user’s computer that the web client or web browser sends to the web server each time in an HTTP request when they try to open the page of the corresponding site.
1.1.7. „IP-address“ is a unique network address of a node in a computer network built using the IP protocol.

2. GENERAL PROVISIONS
2.1. The User’s use of the company’s website means acceptance of this Privacy Policy and the terms of processing of the User’s personal data.
2.2. In case of disagreement with the terms of the Privacy Policy, the User must stop using the company’s website.
2.3. This Privacy Policy applies only to the ArbiSmart OÜ website. The site of the company does not control and is not responsible for the sites of third parties to which the User can click on the links available on the company’s website.
2.4. The website administration does not verify the authenticity of the personal data provided by the User to the company’s website.

3. SUBJECT OF THE PRIVACY POLICY
3.1. This Privacy Policy establishes the obligations of the Administration of the company’s website to not disclose and provide a regime for protecting the confidentiality of personal data that the User provides upon the request of the Website Administration when registering on the company’s website.
3.2. Personal data authorized for processing under this Privacy Policy is provided by the User by filling out the registration form on the ArbiSmart OÜ Website in the Registration section and includes the following information:
3.2.1. surname, name of the User;
3.2.2. contact phone number of the User;
3.2.3. e-mail address;
3.2.4. social accounts of the User;
3.3. The company’s website protects data that is automatically transmitted during the block scanning and when visiting pages on which the statistical system script is installed:
● IP Address;
● information from cookies;
● information about the browser;
● access time;
● page address;
● User’s activity on the page;
● referrer (address of the previous page).
3.3.1. Disabling cookies may result in the inability to access parts of the website of the
company that require authorization.
3.3.2. The company’s website collects statistics about the IP-addresses of its visitors. This information is used to identify and solve technical problems, to control the legality of financial transactions.
3.4. Any other personal information not specified above (transaction history, browsers and operating systems used, etc.) is subject to secure storage and non-distribution, except as provided in cl. 5.2. of this Privacy Policy.

4. PURPOSE OF PERSONAL USER INFORMATION COLLECTION
4.1. The administration of the company’s website may use the User’s Personal Data for purposes:
4.1.1. Identification of the User registered on the company’s website for financial transactions remotely from ArbiSmart OÜ.
4.1.2. Granting the User access to the personalized resources of the Company’s website.
4.1.3. Association with feedback of the User, including sending notifications, information letters, inquiries regarding the use of the Company’s website, rendering services, processing requests and applications from the User.
4.1.4. Determining the location of the User for security, prevention of fraud.
4.1.5. Confirmation of the authenticity and completeness of the personal data provided by the User.
4.1.6. Create an account for financial transactions, if the User has agreed to create an account.
4.1.7. Notifications to the User from the company’s Website about news and actions.
4.1.8. Processing financial operations of the User.
4.1.9. Granting effective client and technical support to the User in the event of problems related to the use of the Company’s Website.
4.1.10. Providing the User special offers, information on financial transactions, newsletters and other information on behalf of the company’s website, by means of e-mails and SMS.
4.1.11. Implementation of advertising activities with the consent of the User.

5. METHODS AND TERMS OF PERSONAL INFORMATION PROCESSING
5.1. The processing of the User’s personal data is carried out without any time limit, in any legal way, including in personal data information systems using automation tools or without using such means.
5.2. The User agrees that the Website Administration has the right to transfer personal data to third parties, in particular, electronic mailing services for letters and SMS, solely for the purpose of fulfilling the obligations of the company to the User.
5.3. In case of loss or disclosure of personal data, the Website Administration informs the User about the loss or disclosure of personal data.
5.4. The Website Administration takes necessary organizational and technical measures to protect the User’s personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
5.5. Website Administration together with the User takes all necessary measures to prevent loss of funds or other negative consequences caused by loss or disclosure of the User’s personal data.

6. OBLIGATIONS OF THE PARTIES
6.1. The User is obliged to:
6.1.1.Provide information about the personal data required for the use of the Company’s Website.
6.1.2. Update, supplement the provided information about personal data in case of changing this information.
6.2. The Website Administration is obliged to:
6.2.1. Use the information received solely for the purposes specified in cl. 4 of this Privacy Policy.
6.2.2. Ensure that confidential information is kept secret, not to disclose without the prior written permission of the User, as well as not to sell, exchange, publish or disclose other personal data of the User, except for cl. 5.2. of this Privacy Policy.
6.2.3. Take precautions to protect the privacy of the User’s personal data in accordance with the procedure normally used to protect such information in the existing business.
6.2.4. Block personal data related to the relevant User from the moment of request or request of the User or his legal representative or authorized body for protection of the rights of subjects of personal data for the verification period, in case of revealing unreliable personal data or illegal actions.

7. LIABILITY OF THE PARTIES
7.1. The Website Administration, which has not fulfilled its obligations, is liable for losses incurred by the User in connection with the misuse of personal data.
7.2. In case of loss or disclosure of Confidential Information, the Website Administration is not responsible if this confidential information:
7.2.1. Became public property before its loss or disclosure.
7.2.2. Was received from a third party until it was received by the Website Administration.
7.2.3. Was disclosed with the consent of the User.

8. DISPUTE RESOLUTION
8.1. Before applying to the court with a claim for disputes arising from the relationship between the User of the company’s website and the Website Administration, it is mandatory to file a claim (a written proposal for the voluntary settlement of the dispute).
8.2 .The receiver of the claim within 30 calendar days from the date of receipt of the claim, shall notify the applicant in writing of the claim about the results of the examination of the claim.
8.3. If the agreement is not reached, the dispute will be referred to the judicial authorities for consideration.

9. ADDITIONAL CONDITIONS
9.1. The Website Administration has the right to make changes to this Privacy Policy
without the consent of the User.
9.2. The new Privacy Policy comes into effect from the moment it is posted on the company’s website, unless otherwise provided for in the new edition of the Privacy Policy.
9.3. Any suggestions or questions about this Privacy Policy should be reported to the technical support of the company’s website.
9.4. The current Privacy Policy is posted on ArbiSmart OÜ website www.arbismart.com

Terms and Conditions

1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the Agreement) refers to the Website of Smart Arbitrage Systems – ArbiSmart OÜ, located at Arbismart.com.
1.2. The website of the company «ArbiSmart OÜ» (hereinafter referred to as the Website) is the property of ArbiSmart OÜ.
1.3. This Agreement governs the relationship between the Administration of the website of the company «ArbiSmart OÜ» (hereinafter referred to as the Website Administration) and the User of this Website.
1.4. The Website Administration reserves the right to modify, add or delete the clauses of this Agreement at any time without notice to the User.
1.5. Continuation of the use of the Website by the User means acceptance of the Agreement and changes made to this Agreement.
1.6. The User is personally responsible for verifying this Agreement for the presence of changes in it.

2. DEFINITIONS OF TERMS
2.1. The terms listed below have the following meaning for the purposes of this Agreement:
2.1.1 ArbiSmart OÜ – is a company’s Website located on the domain name Arbismart.com, which operates through an Internet resource and related services.
2.1.2. The Company’s Website is a website containing information about the company, allowing to carry out financial transactions.
2.1.3. The administration of the company’s website is authorized employees on the Website management, acting on behalf of ArbiSmart OÜ.
2.1.4. The User of the company’s website (hereinafter referred to as the User) is a person who has access to the Website, through the Internet and using the Website.
2.1.5. The content of the company’s website (hereinafter referred to as the Content) – protected results of intellectual activity, including texts, their names, articles, illustrations, covers, photographic, derivative, composite and other works, user interfaces, visual interfaces, names, logos, databases, and design, structure, choice, coordination, appearance, general style and location of this Content included in the Website and other intellectual property objects all together and/or separately, contained on the company’s website.

3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is the provision to the User of the company’s website of access to the information and services provided on the Website.
3.1.1. The Website of the company provides the following services to the User:
● access to electronic content on a free basis, with the right to view content;
● providing the User the opportunity to post comments;
● access to information about services on a free basis;
● other types of services implemented on the website of the company;
● service of support of the company’s website on a free basis;
● financial transactions (investments) on a fee basis;
● collection of financial statistics for the user on a free basis;
3.1.2. This Agreement covers all existing (currently functioning) services of the company’s website, as well as any subsequent modifications thereof and additional services of the company’s website that will appear in the future.
3.2. Access to the site of the company and the personal account of the user is provided free of charge.
3.3. This Agreement is a public offer. By accessing the Website, the User is deemed to have acceded to this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Website Administration has the right to:
4.1.1. Change the rules of using the Website, and modify the content of this Website. Changes come into effect from the moment of publicating the new edition of this Agreement on the Website.
4.1.2. Restrict access to the Website in case of violation of the terms of this Agreement by the User.
4.1.2. Use personal data in order to provide the User with special offers, information on financial transactions, newsletters and other information on behalf of the company’s website, by means of e-mails and SMS.
4.2. The User has the right to:
4.2.1. Get access to the use of the Website after compliance with registration requirements.
4.2.2. Use all the available services on the Website.
4.2.3. Ask any questions relating to the services of the company’s website technical support.
4.2.4. Refuse to receive special offers, information on financial transactions, newsletters and other information on behalf of the company’s website, by means of e-mails and SMS.
4.3. The User of the Website is obliged to:
4.3.1. Provide additional information, which is directly related to the services provided by this Website, upon the request of the Website Administration.
4.3.2. Observe the property and non-property rights of authors and other rightholders when using the Website.
4.3.3. Do not take actions that can be considered as violating the normal operation of the Website.
4.3.4. Do not distribute with the use of the Website any confidential and protected information about individuals or legal entities.
4.3.5. Avoid any actions that could result in breach of confidentiality of information.
4.3.6. Do not use the Website to disseminate information of an advertising nature, except as agreed with the Website Administration.
4.3.7. Do not use the services of the company’s website in order to:
4.3.7. 1. upload content that is illegal, violates any rights of third parties, promote violence, cruelty, hatred, and (or) discrimination on racial, ethnic, gender, religious, social discrimination, contains inaccurate information and (or) insults to specific individuals, organizations, authorities.
4.3.7. 2. inducement to commit unlawful acts, as well as assistance to persons whose actions are aimed at violating legislative restrictions and prohibitions.
4.3.7. 3. violation of the rights of minors and (or) causing them harm in any form.
4.3.7. 4. infringement of minority rights.
4.3.7. 5. representing yourself for another person or representative of the organization and (or) the community without sufficient rights, including for the employees of the company.
4.3.7. 6. misleading about the properties and characteristics of any of the services provided by the company’s website.
4.3.7. 7. incorrect comparison of services, as well as the formation of a negative attitude towards persons (not) using certain services, or condemnation of such persons.
4.4. User is not allowed to:
4.4.1. Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes for accessing, using services, copying or tracking the content of the Company’s Website;
4.4.2. Violate the proper functioning of the Website;
4.4.3. Any way bypassing the navigation structure of the Website to receive or attempt to obtain any information, documents or materials by any means that are not specifically represented by the services of this Website;
4.4.4. Unauthorized access to the functions of the Website, to any other systems or networks related to this Site, as well as to any services offered on the Website;
4.4.4. Violate the security or authentication system on the Website or in any network related to the Website.
4.4.5. Perform reverse search, track or attempt to track any information about any other Website User.
4.4.6. Use the Website and its contents for any purposes prohibited by law, and also incite to any illegal activity or other activity that violates the rights of the company’s website or other persons.
4.4.7 Create multiple accounts from the same IP address.

5. USING THE COMPANY WEBSITE
5.1. The Website and the Content included in the Website are owned and managed by the Website Administration.
5.2. The contents of the Website can not be copied, published, reproduced, transmitted or disseminated in any way, and placed on the global Internet without the prior written consent of the Website Administration.
5.3. The content of the Website is protected by copyright, as well as other rights related to intellectual property, and unfair competition law.
5.4. Use of the services of the company’s website may require the creation of an account f the User.
5.5. The user is personally responsible for maintaining the confidentiality of the account information, including the password, as well as for all activity, without exception, which is conducted on behalf of the User of the account.
5.6. The user must promptly notify the Website Administration of unauthorized use of his account or password or any other security breach.
5.7. The Website Administration has the right to unilaterally cancel the User’s account if it has not been used for more than 3 calendar months in a row without notifying the
User.
5.7. This Agreement extends to all additional terms and conditions on the use of services and provision of services provided on the Website.
5.8. Information posted on the Website should not be construed as a modification to this Agreement.
5.9. The Website Administration has the right to make changes in the list of services of the company’s website at any time without notice to the User.
5.10. The documents specified in clauses 5.10.1 to 5.10.2 of this Agreement shall be governed in the relevant part and shall apply to the use of the Website by the User. The following documents are included in this Agreement:
5.10.1. Privacy policy;
5.10.2. Terms of use
5.11. Any of the documents listed in cl. 5.10. of this Agreement may be subject to renewal. Changes come into force from the moment of their publication on the Website.

6. A RESPONSIBILITY
6.1. Any losses that the User may incur in the event of willful or reckless violation of any provision of this Agreement, as well as unauthorized access to communications by another User, are not reimbursed by the Website Administration.
6.2. The Website Administration is not responsible for:
6.2.1. Delays or failures in the course of an operation due to force majeure, as well as any malfunction in telecommunications, computer, electrical and other related systems.
6.2.2. The actions of transaction systems, banks, payment systems and for delays related to their work.
6.2.3. The proper operation of the Website, in the event that the User does not have the necessary technical means to use it, and also has no obligation to provide users with such means.

7. INFRINGEMENT OF THE CONDITIONS OF THE USER AGREEMENT
7.1. The Website Administration has the right to disclose any information collected about the User of this Website if the disclosure is necessary in connection with an investigation or a complaint regarding the misuse of the Website or for identifying a User who may violate or interfere with the rights of the Website Administration or the rights of other Website Users.
7.2. The Website Administration has the right to disclose any information about the User that it deems necessary to comply with the provisions of the current legislation or court decisions, ensure compliance with the terms of this Agreement, protect the rights or security of ArbiSmart OÜ, Users.
7.3. The Website Administration has the right to stop and (or) block access to the Website without the prior notification of the User if the User violated this Agreement or the terms of using the Website contained in other documents, as well as in case of termination of the Website or due to a technical problem.
7.4. The Website Administration is not liable to the User or third parties for stopping access to the Website in the event of violation by the User of any provision of this Agreement or other document containing conditions for using the Website.

8. DISPUTE RESOLUTION
8.1. In the event of any differences or disputes between the Parties to this Agreement, a claim (written proposal for the voluntary settlement of the dispute) is a prerequisite before applying to the court.
8.2. The receiver of the claim within 30 calendar days from the date of its receipt shall notify the applicant in writing of the claim about the results of the examination of the claim.
8.3. If it is not possible to resolve the dispute voluntarily, either Party has the right to apply to the court for the protection of its rights, which are provided by the current legislation.
8.4. Any claim regarding the conditions of use of the Website must be made within 14 calendar days after the grounds for the claim arise, with the exception of copyright protection for the materials of the Website protected in accordance with the law. If the conditions of this clause are violated, any claim or cause for action shall be extinguished by limitation of actions.

9. ADDITIONAL CONDITIONS
9.1. The Website Administration does not accept counter-offers from the User regarding changes to this User Agreement.
9.2. User Reviews posted on the Website are not confidential information and can be used by the Website Administration without restrictions.

AML & KYC

1. OBJECTIVE OF THE AML POLICY

ArbiSmart OÜ («We», «our») is under the obligation to apply anti-money laundering (AML) requirements in our business. All our staff is committed to pursue the highest standards of AML and Know Your Customer (KYC) compliance to mitigate the risk of our services being used to facilitate financial crimes.
We have implemented the framework of AML Policy in order to ensure that all the necessary steps are taken to achieve the full safety of our services. In this AML Policy we are committed to follow the provisions specified in the Estonian AML laws, EU and international AML guidelines.

2. WHAT IS AML POLICY?
AML Policy is the procedure to prevent our services from being used for the purposes of money laundering, terrorist financing or any other criminal activity. KYC measures are part of the AML Policy. The objective of KYC measures is to enable businesses to know and understand their customers better and help them manage their risks. We may update such procedure in the future to assure the compliance with the existing laws and best AML practice.

In case of any potentially suspicious or unusual transactions or customer’s behavior we undertake appropriate measures to address the risks occurred. All staff handling transactions may ask for additional documents such as proof of source of fund etc. as deemed appropriate.

We keep a well-organized procedure of maintaining all records including customer’s identification documents and related data. All customer and transactional information is stored confidentially and according to personal data protection laws.

Our AML Policy includes:
– Identification and verification of the customer.
– Establishment and maintenance of the risk-based customer due diligence including enhanced due diligence for those customers presenting higher risks.
– Transactions monitoring of the customer financial behavior based on risk-based analysis.
– Procedures for reporting suspicious activity internally and to the relevant law enforcement authorities.
– Periodical AML trainings for our staff.

We are obligated to reject the customer’s documents, close account and terminate the business relationship if we find any suspicious activity, false documents or non-cooperation by the customer within the customer due diligence process.

Risk Policy

1.1 ArbiSmart OÜ shall not be responsible for any damage or loss incurred by you as a result of the Services. By accepting the Terms & Conditions, you acknowledge that you have fully read and understood and are aware of the possible risks related to the Services.

1.2 You confirm that you understand and agree that the risks associated with the Services are acceptable by you, taking into account your objectives and financial capabilities.

1.3 You acknowledge that purchasing or selling Cryptocurrency carry significant risk. Prices can fluctuate on any given day. Because of such fluctuations, Cryptocurrency may gain or lose value at any time. Cryptocurrency may be subject to large swings in value and may even become absolutely worthless. Cryptocurrency trading has special risks not generally shared with official currencies, goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or commodities such as gold or silver, Cryptocurrency is a unique kind of currency, backed by technology and trust. There is no central bank that can take corrective measures to protect the value of Cryptocurrency in a crisis or issue more currency.

1.4 You acknowledge and agree that ArbiSmart OÜ does not act as a financial advisor. Without prejudice to our foregoing obligations, in asking us to enter into any transaction, you represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the transaction. You represent that you have sufficient knowledge, market sophistication and experience to make your own evaluation of the merits and risks of any transaction and that you received professional advice thereon. We give you no warranty as to the suitability of the Services and assume no fiduciary duty in our relations with you.

1.5 You confirm that you understand that for various reasons your user account may become temporarily suspended and may not be accessible to you. You agree to waive any and all rights, claims or causes of action of any kind pertaining to any damage as a result of such action.

1.6 ArbiSmart OÜ is not liable for any price fluctuations in Cryptocurrency. In the event of a market disruption, ArbiSmart OÜ may, at its discretion and in addition to any other right and remedy, suspend the Services. ArbiSmart OÜ will not be liable for any loss suffered by you resulting from such action. Following any such event, when Services resume, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.

Refund Policy

ArbiSmart OÜ («We», «our») is a company incorporated under the laws of Estonia, with a registered office at Estonia, Harju maakond, Tallinn, Kesklinna linnaosa, Pärnu mnt 158/2, 11317, Estonia.

In rare circumstances, ArbiSmart OÜ reserves the right to wither cancel your order or offer you a different price for the Services. In the event we cancel your order, if we have already received FIAT Currency from you with regards to such order, we will, subject to applicable law and regulation, refund such funds to you.

Refund shall be made to the same source from which they have originated, after deduction of any cost or expense we incur with regards to such transfer, including without limitation any wire transfer charges, currency exchange charges and/or payment processing charges. Your funds may, at ArbiSmart OÜ’s sole discretion, be returned to another source to which you are the beneficiary, as long as you provide us with the required documents and information to verify that the account to which the funds were requested to be refunded belongs to you.

To comply with anti-money laundering and terrorist financing regulations or any other regulations and to prevent prohibited conduct, all payments and information related to the refund may be verified by ArbiSmart OÜ. In such case, ArbiSmart OÜ may request from you, at its sole discretion, to provide certain documents and information, including without limitation identification documents, copy of your credit card or bank details and/or any other proof required to affect the refund. In case you fail to provide appropriate documents or information, or in case of any doubts as to the authenticity of provided documents and information, ArbiSmart OÜ shall be entitled to cease the refund process until you take appropriate measures, as requested.

The provisions of this refund policy shall apply mutatis mutandis to any return of Cryptocurrency already received from you prior to cancellation of your order, from which the then-current equivalent amount of Cryptocurrency to such costs and expenses shall be deducted. It is hereby understood, agreed and confirmed by you that due to Cryptocurrency price volatility, we are unable to refund the exact Cryptocurrency amount received, therefore that amount of Cryptocurrency refunded shall be calculated based on its EUR value at the date of transaction between you and ArbiSmart OÜ with respect to such Cryptocurrency (without derogating from our right to deduct from such refund any cost and expense we incur with regards thereto, as specified above).

Notwithstanding the above, ArbiSmart OÜ reserves the right to cancel your order without any refund, or decline any refund request, if it suspects that you have or are engaged in, or have in any way been involved in, fraudulent or illegal activity.

Refund will be processed without undue delay, and in any event within 14 (seven) business days from cancellation of order, subject to the requirements set forth hereinabove, and provided that you do not fail to provide ArbiSmart OÜ with any information and/or documentation required in order to process the refund.