General Terms and Conditions of Anycoindirect.eu and Phoenix Payments BV
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Account: |
The Customer's personal account at Phoenix, as created by the Customer and accessible online upon registration and login. One customer can not have more than one (1) account with Phoenix in his name. This account is not to be confused with the Customer's bank account. |
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Agreement: |
The agreement between Phoenix and the Customer, of which these General Terms, as well as the supplementary Privacy Policy are part. |
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Blockchain: |
A continuously growing list of records, called blocks, which are linked and secured using cryptography. This record of blocks forms a distributed ledger. |
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Blockchain Split / Hard Fork: |
A situation in which a blockchain splits into two separate chains. |
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Cryptocurrency: |
A digital asset designed to work as a medium of exchange that uses cryptography to secure its transactions, to control the creation of additional units, and to verify the transfer of assets. On the Website, cryptocurrencies can also be referred to as "Coins", which term is not to be confused with real metal coins. Cryptocurrencies are classified as a subset of digital currencies and are also classified as a subset of alternative currencies and virtual currencies . For the purpose of the Agreement and the General Terms, Cryptocurrency and Cryptocurrencies refer to the specific currencies that are specified in the Order and Offer. |
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Credits: |
The amount in Euros (EUR), deposited in the Account by Phoenix and added to the next transaction. |
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Customer: |
The visitor and user of the website www.anycoindirect.eu as well as the user of services rendered by Phoenix, in its own name or as AnycoinDirect.eu, such visitors and users in their capacity as legal counterpart in the Agreement. For the purpose of legibility and efficiency of the General Terms all genders are referred to in the male form. |
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General Terms: |
Present General terms and conditions, applicable to the Agreement and all other agreements with Phoenix. |
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ICO: |
Initial Coin Offering |
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ICO-token: |
A unit of Cryptocurrency that is preallocated to investors in an ICO in exchange for other Cryptocurrencies. |
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Offer: |
The offer by Phoenix to the Customer to buy or sell Cryptocurrencies. |
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Order: |
The Customer's instruction to Phoenix to buy or sell Cryptocurrencies. |
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Phoenix: |
Phoenix Payments B.V., a limited liability company, established under Dutch law, residing in Veghel, The Netherlands and registered at the Dutch Chamber of Commerce, number 59466197, and all of its present and future subsidiaries. |
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Services: |
The services rendered by Phoenix, i.e. selling and buying of Bitcoin and other Cryptocurrencies to and from the Customer |
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Wallet: |
Storage of the public and private keys where the public key can be used to receive and the private key can be used to spend the Cryptocurrency. A Wallet can contain multiple public and private key pairs. The cryptocurrency itself is not in the wallet but decentrally stored and maintained in a publicly available ledger (the blockchain). |
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Website: |
2.1 The General Terms apply to the Agreement and the all Services of Phoenix.
2.2 By creating an Account the Customer explicitly declares that he:
accepts the General Terms;
is at least 18 years old;
creates and uses only one (1) Account and does not and will not use someone else's private information such as identity and or bank account.
2.3 Any general or specific term and condition by third parties will not be acknowledged by Phoenix. Oral commitments, additions, amendments and/or supplemental agreements only obligate Phoenix after said deviations from the General Terms have been explicitly confirmed in writing by Phoenix.
2.4 Phoenix guarantees that the Services fulfill the stipulations of the agreement and meet the specifications mentioned in the Offer. Conditions stipulated by Phoenix do not automatically apply to repeat orders.
2.5 Phoenix can not be obligated to honor its Offer if the Customer should have understood that the Offer, or a part thereof, contained an apparent mistake or misprint.
2.6 Phoenix reserves the right to decline orders and customers without providing a reason to do so.
2.7 Phoenix’ services are available to private individuals and corporations with an IBAN and citizenship from any of the Single Euro Payments Area (SEPA) country or legal residence in any of the SEPA-countries
2.7.1 In exception to article 2.7, our services are not available to be used with an Icelandic IBAN.
3.1 The Customer acknowledges that the value of Cryptocurrencies can fluctuate strongly and that no warranty or guarantee whatsoever is or will be provided for the value of Cryptocurrencies over time. Due to such price fluctuations, the value of the Customer's assets may increase or decrease at any given moment. Any currency - virtual or real - may be subject to large variations in value and may even become worthless. There is no central bank that can take protective or corrective measures to protect the value of Cryptocurrencies during a crisis.
3.2 There may be additional risks that Phoenix has not foreseen or has not yet identified.The Customer should always carefully assess whether his financial situation and tolerance for risk allows for buying or selling Cryptocurrencies.
3.3 Phoenix declines all liability for any damage or loss incurred by the improper use of the Services. Please read the General Terms, FAQs, guides and the privacy policy prior to use.
3.4 Phoenix does not provide any investment advice or financial advice in connection with the services covered by the General Terms. Phoenix may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but such information can not be regarded as an investment advice and should not be interpreted as such. Any decision to purchase or sell Cryptocurrencies is the Customer's own decision and Phoenix can not be held liable for any loss or damage suffered.
3.5 The mere fact of Phoenix including or excluding specific Cryptocurrencies to or from its Services can neither be regarded nor interpreted as an indication or advice to either buy or sell such Cryptocurrencies.
4.1 Delivery by Phoenix of the Cryptocurrency purchased by the Customer is executed by sending such Cryptocurrency to the Wallet address provided by the Customer.
4.2 Delivery by the Customer of the Cryptocurrency sold to Phoenix is executed by sending such Cryptocurrency to the Wallet address provided by Phoenix.
4.3 Delivery by Phoenix is subject to availability, i.e. Cryptocurrency in stock.
4.4 A processed transaction is not reversible. It is the Customer's own responsibility to enter all the required data and provide all information correctly.
4.5 In the event of suspicion of abuse or fraud, Phoenix reserves the right to suspend one or more transactions until the legitimacy of the suspect transaction has been verified and established.
5.1 Phoenix uses current market rates of several exchanges. Such market rates can vary at any given moment. The purchase value of a transaction is expressed as the amount of the Cryptocurrency at the moment the Order is successfully placed in the Account. Such moment varies per payment method.
5.2 For payment methods Bancontact / Mistercash, Giropay, iDeal, Mybank and Sofort, the amount of the Cryptocurrency is determined after the Customer has selected and entered:
amount of Cryptocurrency or purchase price;
Wallet address;
payment method;
acceptance of General Terms.
By clicking the Buy button and confirming having read the additional warning, the Offer is set for a twenty (20) minute timeframe. Within such timeframe the following actions must be taken to complete the Order for the indicated amount of Cryptocurrency:
follow all payment instructions and check if payment has been fulfilled; and
click to return to order page in the Account, which confirms that the payment has been made.
If the Order status in the Account indicates "Successful", the amount of Cryptocurrency is fixed and guaranteed.
5.3 For payment methods SEPA and TrustPay the amount of the Cryptocurrency is determined after the Customer has selected and entered:
amount of Cryptocurrency or purchase price;
Wallet address;
payment method;
acceptance of General Terms.
By clicking the Buy button and confirming having read the additional warning, the Phoenix offer is set for a twenty (20) minute timeframe. Within such timeframe the following actions must be taken to complete the order for the indicated amount of Cryptocurrency:
follow all payment instructions and check if the payment has been debited from the Customer's bank account; and
click the green button to confirm the payment has been made; and
confirm having read the notification that the Customer is about to enter into an agreement with Phoenix
If the Order status indicates "Waiting to receive payment", the amount of Cryptocurrency is fixed and guaranteed.
5.4 Both a completed payment and the transfer of ownership of the purchased Cryptocurrency are final and can not be undone. The Customer explicitly waives the right to withdraw from his agreement regarding his remote purchase of Cryptocurrency and acknowledges that the relevant articles of the Dutch Civil Code, Book 7, Title 1, Section 9A, do not apply to his purchase of Cryptocurrency. In the event that the Customer wants to exchange or return the purchased Cryptocurrency, he needs to enter into a new sale agreement.
5.5 Within the context of the law on remote purchasing of the Dutch Civil Code, Book 7, Title 1, Section 9A, Phoenix strives to process orders at least within two (2) business days after receiving the payment. In the event that the payment has not been sent in time, not fully or without correct payment reference, Phoenix has the right to cancel the Order. In case of such cancellation, Phoenix can not be held liable for any financial of legal consequences resulting from such cancellation.
5.6 Entering the correct data (e.g. the amount, the receiving Wallet
address and email address) is the Customer's own responsibility. The
Customer declares that he has provided accurate and complete information.
Entering incorrect information at the moment of placing an Order might
result in the loss of funds.
The Customer accepts full responsibility for the financial and legal
consequences of incorrect information provided by him. The Customer
acknowledges that he provides information entirely at his own expense and
risk.
5.7 In case of i) technical problems, ii) of incorrect or inconsistent information provided by the Customer, iii) of force majeure or iv) of need for further investigation, the processing of the Order can get delayed.
5.8 If i) sending the purchased Cryptocurrency to the Customer's Wallet address is not possible (as a result of the ordered Cryptocurrency not being in stock or not being offered anymore), ii) if there is a delay due to some other reason or iii) if an Order can not or only partially be fulfilled, it is at the discretion of Phoenix to either repay the paid amount to the Customer's bank account or to consult the Customer to explore alternatives.
5.9 Phoenix delivery obligations are met once the Cryptocurrency have been confirmed by the specific Cryptocurrencies' blockchain, evidence of which can be found by entering the unique transaction ID ("TxID") or Wallet address into a block explorer of the specific Cryptocurrency.
5.10 If i) the Customer has placed an Order but fails to pay the amount due, ii) if the Customer has not used the correct payment reference or iii) if the amount has not been fully received within seven (7) days, Phoenix has the right to terminate the Agreement and/or the Account. Phoenix has the right to claim the costs incurred by i) non-timely payment or non-payment, ii) by using an incorrect payment reference and iii) the costs that occurred due to negligence by the Customer.
5.11 In case a Blockchain Split or Hard Fork occurs:
Phoenix is not obliged to support both chains and corresponding Cryptocurrencies, unless and until Phoenix announces such support on the Website;
and an Order has been created by the Customer, the Customer can not claim the newly created Cryptocurrency that originated after the Blockchain Split / Hard Fork.
5.12 The Customer can not claim ICO Tokens sent to a Phoenix address.
If the Customer sends Cryptocurrency directly to an ICO address and the ICO
Tokens are returned to the address of Phoenix, Phoenix will not install
software to access the returned ICO Tokens or Cryptocurrency. Any ICO
Tokens that are received at the address of Phoenix will be considered lost
and can not be claimed by the Customer.
Important notice: do not use the Services to send Cryptocurrency
directly from Anycoindirect.eu to an ICO
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5.13 A minimum amount in Euros for any Order to buy may be applied by Phoenix. Such amount is posted and updated on the Website. In case the minimum amount is not met when placing the Order to buy, a notification is shown on the Order page.
6.1 Phoenix uses current market rates of several exchanges. These market rates can vary at any given moment. The selling value of a transaction is expressed as the amount of the Cryptocurrency at the moment the Order is successfully placed in the Account.
The selling price of the Cryptocurrency is determined after the Customer has selected and entered:
Amount of Cryptocurrency or sell price;
IBAN number and Customer name;
Acceptance of General Terms.
By clicking the Sell button and confirming having read the additional warning, the Offer is set for a twentyfive (25) minute timeframe during which Phoenix locks the then current rate. Within such timeframe the Customer is to send the amount of Cryptocurrency to the Phoenix Wallet address stated on the Order status page.
If the Order status in the Account indicates "Successful", the amount of Cryptocurrency and the amount of Euros are fixed and guaranteed.
6.2 Providing the correct information for receiving payouts is the
Customer's own responsibility. Any damages incurred as a result of the
incorrect entering of such information, and as a result of sending the
Cryptocurrency to a Wallet address which was not specified by Phoenix, will
not be compensated by Phoenix.
The Customer accepts full responsibility for the financial and legal
consequences of incorrect information provided by him. The Customer
acknowledges that he provides information entirely at his own expense and
risk.
6.3 The full amount of Cryptocurrency as indicated in the Order to sell must be received at the Phoenix Wallet address within the specified timeframe. If the Order is not received in full and/or in time, the Order will be cancelled.
6.4 Both a completed payment and the transfer of ownership of the purchased Cryptocurrency are final and can not be undone. The Customer explicitly waives the right to withdraw from his agreement regarding his remote sale of Cryptocurrency and acknowledges that the relevant articles of the Dutch Civil Code, Book 7, Title 1, Section 9A, do not apply to his sale of Cryptocurrency.
6.5 In case of i) technical problems, ii) of incorrect or inconsistent information provided by the Customer, iii) of force majeure or iv) of need for further investigation, the processing of the Order to sell can get delayed.
6.6 In case a Blockchain Split or Hard Fork occurs:
Phoenix is not obliged to support both chains and corresponding Cryptocurrencies, unless and until Phoenix announces such support on the Website;
and if it occurs during the process of creating an Order by the Customer or during the processing of the Order by Phoenix, the Customer can not claim the newly created Cryptocurrency that originated after the Blockchain Split / Hard Fork;
all newly created / forked Cryptocurrency that the Customer sends to an Address on a chain we do not support are considered as lost; therefore the Customer can not claim the forked Cryptocurrency.
6.7 Payout generally takes place on the same business day that Cryptocurrency sold to Phoenix have been received at the Phoenix Wallet address specified in the Order and have been confirmed in the Blockchain (at most within two (2) business days thereafter). For larger transactions (exceeding EUR 50,000), the Customer is advised to contact Phoenix Support.
6.8 The Customer declares that:
the Cryptocurrency he offers have been legitimately acquired;
he is the legal owner of the bank account he has specified to be used in this transaction, and
he has truthfully entered all the required data and information.
6.9 If the Order to sell was cancelled but Phoenix did receive Cryptocurrency in full or in part, the Customer is to contact Phoenix Support, in order to have the Customer decide whether to:
send back the Cryptocurrency to a Wallet address newly specified by the Customer; or
receive the payout against the current price at the moment Phoenix has processed the Customer's choice.
6.10 In case Phoenix does not receive the full amount of Cryptocurrency at the specified Wallet address for the Order to sell, then:
If the received amount of Cryptocurrency is up to (and including) 20% less than the original Order amount, the Order will automatically get adjusted to the received amount and payout proceeds for the adjusted amount of Cryptocurrency and price. A refund is not possible in this case.
If the received amount is more than 20% less than the original Order amount, the Order will fail and the Customer is to contact Phoenix Support, to have the Customer decide whether to:
send back the Cryptocurrency to a Wallet address newly specified by the Customer; or
payout against the current price at the moment Phoenix has processed the Customer's choice.
6.11 The Customer can not claim refund of EUR 30 or less, in which case in his Account the Customer will receive Credits calculated at the current rate as compensation.
7.1 Prices will not be raised for the duration of the Offer, unless legal measures to do so are imposed. The price will be locked for the specified timeframe when proceeding with the payment. In such timeframe the offered price and amount of Cryptocurrency will not change.
7.2 All prices and data published on the Website are subject to the possibility of misprint, due to either Phoenix or a third party. Phoenix does not accept any liability for the consequences of misprints and reserved the right to cancel the Order if the Order is in the process of using the misprint data.
7.3 All prices on the Website are stated in Euros (€, EUR). If the Customer prefers to use any other local European currency, the cost of conversion between the local currency and EURO will come at the expense of the Customer.
Phoenix charges an overall fee for the Services. Such fee is comprised of:
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Exchange Withdrawal Fee: |
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Payment Method Fee: |
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Mining Fee: |
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Volatility Risk Fee: |
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Phoenix Service Fee: |
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9.1 Financial services regulations require Phoenix to take action against abuse in order to protect its customers and to prevent financial offenses (such as scams, fraud, money laundering and financing terrorism) by means of its Services.
9.2 Based on the so-called Know Your Customer requirement, Phoenix is obliged to gather personal information of the Customer prior to rendering Services. Such information can be subject to a regular screening up to five (5) years after the date of any transaction with the Customer.
Subject to change at the discretion of Phoenix or changes imposed by laws or regulations, the Customer's personal data and identity need to be verified and established for any purchase exceeding the amount of EUR 100.
Upon placing an Order the Customer's information will be recorded in the Phoenix customer database. Phoenix complies with the Registration of Persons Act and will not share any customer information with any third party. Please read our Privacy policy.
9.3 Phoenix respects the privacy of the Customer and guarantees the confidential treatment of the Customer's personal information.
9.4 Phoenix reserves the right to initiate an investigation in the event of suspicious activities, fraud, money laundering or financing of terrorism. Phoenix may request information from third parties and investigate third party sources to verify and establish the Customer's identity.
9.5 In the event fraud or money laundering is confirmed, the affected transaction and account will be frozen immediately. This measure will in all cases be reported to the authorities and to relevant third parties.
9.6 Any data breach or suspected data breach will be reported within 72 hours with the local regulator.
10.1 In case the Customer discovers that a payment or transaction is incorrect or incomplete, he is to report such errors to Phoenix in writing by email without delay, although not later than two (2) business days after the day of transaction.
10.2 In case the Customers' complaint is deemed legitimate by Phoenix, Phoenix will consider compensation, with the understanding that Phoenix's liability, and therefore the compensation of damages, will be limited to the Order amount for the specific transaction.
10.3 No compensation will be considered by Phoenix if:
the Customer is or has been in default towards Phoenix;
the payment and/or Cryptocurrency transaction have been exposed to unusual circumstances or have not been treated properly or have been handled in conflict with the instructions on the Website and in the specific Phoenix guides; or
the complaint is caused by a change in legislation or regulations.
11.1 Phoenix can not be held liable if and to the extent its commitments can not be fulfilled as a result of force majeure.
11.2 Force majeure shall be understood to mean any foreign cause, as well as any situation, which within reason ought not be attributed to Phoenix. Interruptions in internet, Blockchain network instability, interruptions of bank services, power and email disruptions, governmental actions, all explicitly count as force majeure.
11.3 In the event of force majeure, Phoenix reserves the right to suspend its obligations and will have the right to wholly or partially dissolve the Agreement, or to require that the content of the Agreement be changed such that execution is still possible. The Customer will not require Phoenix to pay any fine or compensation for damages arising from force majeure.
11.4 If Phoenix has partially fulfilled its obligations, or can only partially fulfil its obligations, at the time of commencement of the force majeure, Phoenix has the right to invoice the Services already rendered separately, and the Customer will be required to pay this invoice as if it were a separate agreement.
12.1 The Agreement and General Terms are subject to Dutch law.
12.2 Any dispute arising from The Agreement between Phoenix and the Customer which can not be settled in mutual negotiation will be presented to and judged by the competent judge within the jurisdiction of 's-Hertogenbosch (NL).
12.3 Although you may view our General Terms in a language other than Dutch, the Dutch text is leading and binding.
13.1 Phoenix reserves the right to revisit, change, alter or adapt these General Terms. This includes the right to add or delete information, without prior notification to its Customers. Phoenix strongly advises all Customers to consult these General Terms, and the Agreement, regularly.
Any questions relating to the General Terms, the Account, the Services and the obligations arising from the General Terms are to be addressed to Phoenix Support via email or support ticket.
Release date: 12 June 2018
1 Scope
This Privacy Policy applies to all Customers and users of the services of Phoenix Payments B.V. (hereafter referred to as “Phoenix”) and all visitors of the www.anycoindirect.eu website ("Website"), property of Phoenix. The Privacy Policy is complementary to the Terms of Use. The Cookie Policy is part of this Privacy Policy. Although you might view this Privacy Policy in a language other than Dutch, the Dutch text is leading and binding.
1.1 Definitions
Personal Information: means any information relating to an identified or identifiable natural person (‘Data Subject’); 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.
Data Subject: means an individual who is the subject of Personal Information. In this Privacy Policy references to a Data Subject could be made with ‘visitor(s)’, ‘Customer(s)’ and/or ‘user(s)’, yet they bear the same meaning.
cold storage: means storage of Personal Information on a server that is not directly connected to the internet and, thus, cannot be connected with by unauthorised personnel and/or third party entities.
Sub-processor(s): means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
All other capitalised words bear the same meaning as portrayed in the Terms of Use: https://anycoindirect.eu/home/termsofuse
1.2 Personal information and purpose of processing
During Account creation and registration, the Customer is obligated to provide certain Personal Information. This data, as described below, serve to identify the Customer and are the minimum requirements following European and/or national laws and regulations.
The Customer must, during registration, take note of the Privacy Policy and complete a confirmatory action by which permission for the collection, processing and/or storage of the minimum requirements is recorded by Phoenix.
French law dictates and obligates Phoenix to require Customers with a French nationality to upload an identification document as well as a proof of residence, before these Customers may make use of the Services.
The following information is collected, processed and/or stored by Phoenix:
In addition, the Customer has the voluntary choice to provide additional Personal Information in order to step up the level of their Account. A higher level equals higher buying and selling limits.
If a Customer has chosen to provide additional Personal Information, and when it has been verified and validated by Phoenix employees, this data will constitute an addendum to the Agreement and the Services (as explained in the Terms) from the moment of awarding the higher level.
This means that the Customer gives permission for adding the additional Personal Information to his/her Account. It is a necessity for the Customer to have a functioning Account in order to use the Services as provided by Phoenix. The partial withdrawal of consent for the collection, processing and/or storage of Personal Information is therefore not possible - as this would result in an unreasonable and disproportionate burden on the business operations of Phoenix.
Withdrawal of consent is, thus, only possible by means of termination of the Account. See also ‘paragraph 6.2 Withdrawing permission' later in this Privacy Policy.
The Customer must, prior to providing the additional Personal Information, take note of the Privacy Policy and, per component, complete a confirmatory action by which permission to the collection, processing and/or storage of the additional Personal Information is recorded by Phoenix.
The following information is provided voluntarily by the Customer and subsequently collected, processed and/or stored by Phoenix:
Phoenix retains the right to, in light of providing adequate customer support, request the Customer to verify his/her identity.
1.3 Legal persons and partnerships
The following information is collected, processed and/or stored by Phoenix:
1.4 Enhanced Due Diligence (EDD)
Phoenix retains the right to subject Customers to an EDD procedure, in the event Phoenix is obligated by law to do so or when it has reasons to believe EDD is a necessity for entering into a business relation with a Customer.
EDD procedures encompasses, among others: video-verification; inspection of the transparency register; establishing whether the Customer is a politically exposed person; establishing whether the Customer is listed on a sanction-list.
1.5 Information collected, processed and/or stored when requiring Customer support
For adequate Customer support, Phoenix has employed the Zendesk, Inc. platform. Zendesk, Inc. (Zendesk) serves as a Sub-processor of certain Personal Information as it collects, processes and stores that information to make sure the best support can be given by Phoenix.
For a further explanation on Sub-processors, please see paragraph 8 of this Privacy Policy.
1.5.1 The following information is collected, processed and/or stored by Zendesk, Inc.
If Customer requires customer support via the live chat on the Website, the Customer will receive a transcript of those proceedings automatically. Also, the Customer is free to use the function to extract the transcript after each live chat.
2. Confidentiality
Phoenix respects the privacy of all its visitors and Customers. Therefore, Personal Information, privacy and the information needed for the prevention of fraud, money laundering and financing terrorism are constantly carefully weighed within the limits of legislation and regulations.
Information provided to Phoenix by visitors and Customers remain classified and will not be shared with any third party, unless i) court order forces Phoenix to provide confidential data and ii) in the event of fraud or undesired actions, provided such data requests are individually focused and substantiated.
3. Know Your Customer
Like all companies active in the financial sector, Phoenix obliges itself to the Know Your Customer ("KYC") principle. The KYC process includes a number of verification steps, depending on the range of services desired. The KYC-policy is further explained in paragraph 9 of the Terms.
4.Use of information
Phoenix can use the information provided by the Customer for a number of purposes, e.g.:
5. Security and retention period
Various security measures ensure the confidentiality of visitors and Customer data and protect such data against loss, abuse or modification. Access to the data is protected by a password and an additional 2-factor authentication. Within Phoenix only specifically authorized staff members have access to the confidential data.
The safety measures are reviewed in accordance with legal and technical developments. Notifications will be posted on the Website.
Identifiable information required for the services of Phoenix will be saved if necessary. All data is stored offline for 5 (five) years after termination of a Customer Account, in line with the General Data Protection Directive as well as the Fourth Anti-Money Laundering Directive and any subsequent or supplementary Union or national law. Regular inspections by Phoenix’s compliance-department and third party specialists warrant that Phoenix data security and safety measures are up to standards.
6. Customer rights and obligations in relation to Personal Information
6.1 Consent
By virtue of agreeing to the Privacy Policy, the Customer unequivocally consents to the provision, collection and/or storage of Personal Information required to use the services as provided by Phoenix.
The Customer specifically consents to the collection, processing and/or storage of Personal Information as stipulated under ‘paragraph 1.2 Personal Information and purpose of processing’ in this Privacy Policy.
The Customer also recognises that Phoenix collects, processes and/or stores such Personal Information in accordance with the General Data Protection Regulation as well as the Fourth Anti-Money Laundering Directive and any subsequent or complementary Union or national law.
6.2 Withdrawal of consent
The Customer is free to withdraw consent at any given time, however, the Customer also recognises that the withdrawal of consent does not affect the lawfulness of processing based on given consent prior to withdrawal.
If the Customer withdraws consent in relation to the collection and processing of Personal Information - where such information is crucial to the execution of the business relationship between the Customer and Phoenix - the Customer, effectively, requests for their Account to be terminated as this would inhibit Phoenix to adhere to Union or member state law.
Following ‘paragraph 1.2 Personal Information and purpose of processing’ and specifically the provision and giving consent with regards to additional Personal Information: although the act of giving consent implies the right to withdraw such consent, the sporadic withdrawal of consent for collection, processing and/or storage of additional Personal Information would unreasonably disrupt business processes. In order to ensure a process that is as flawless as possible, the provided additional Personal Information becomes an inherent part of the Account of the Customer. By this very fact follows that partial withdrawal of consent is not possible. Should a Customer wish to withdraw consent, the Customer should terminate the Account.
6.3 Termination of the account
The Customer has the right to terminate their Account at any given time and the Customer may initiate this process by following the instructions as provided under the “Account settings” in their personal environment on the Website. Termination of the Account can only be honoured if the Customer does not have any open buy- or sell orders or any other disputes relating to their Account.
Phoenix recognises the termination of the Account as a valid request for withdrawal of consent.
6.4 Right of access
The Customer has the right to access the Personal Information collected and stored by Phoenix. Any such requests must be directed to the designated Data Protection Officer (DPO), otherwise the request will not be taken under advisement. The DPO shall take the request under advisement and provide communication to the Customer concerning; the Personal Information it collects, stores and processes; the purpose; retention period; right to lodge a complaint with the Supervisory Authority; right to rectification and right to erasure.
Phoenix shall provide, within 1 (one) month, the requested data or reasons explaining the grounds on which it cannot provide such information. Furthermore, Phoenix has the right to further extend the aforementioned period with 2 (two) months, provided the Customer has been notified of this within the original timeframe.
The Personal Information shall, in principle, be provided to the Customer, free of charge, in a structured, commonly used and machine-readable format unless the Customer specifically requests otherwise. The Customer has the right to request Personal Information, from the DPO, free of charge, once per calendar-year.
The Data Protection Officer may be contacted, via email, at: privacy@anycoindirect.eu
The Customer specifically requests access to the collected, processed and/or stored data and includes at least the following identifiable information: registered first- and last names and the registered email-address. The Customer may include additional information (such as an Order ID). This is imperative because the Data Protection Officer has to be able to test, in a reasonable and simple manner, whether the applicant has legal right to receive (access to) the Personal Information. The DPO may, at his/her own discretion, require additional information from the Customer in order to determine their identity.
7. Transfer of Personal Information
Phoenix will never transfer, sell, rent, lease or otherwise make available, personal data to third parties, unless required to do so under Union or member state law and/or to assist the Financial Intelligence Unit (FIU) and/or to assist with national law enforcement agencies and/or to protect Phoenix' financial position in case of fraudulent orders or default payments. Should such a request be made to Phoenix, Phoenix will notify the Customer without undue delay - unless Phoenix is prohibited from doing so.
8. Sub-processors
In order to provide the Services to Customers, Phoenix may enter into contract with third-party processors which support, or make available, certain (parts of the) Services.
Phoenix will, at all times, protect the information it collects, processes or stores. Therefore, Phoenix only chooses to do business with reputable companies that are transparent, approachable and are in possession of internationally recognised certificates. Furthermore, should any of these companies not have their head office located within the European Union and/or may transfer data to a facility outside the European Union, Phoenix contractually safeguards that the Personal Information is only processed for the purpose following instructions by Phoenix. Should Phoenix contract any other parties in the future, this Privacy Policy will be updated accordingly. Phoenix distinguishes two categories of Sub-processors: Infrastructure Sub-processors and Service specific Sub-processors:
Infrastructure Sub-processors:
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Name |
Type |
Country |
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Microsoft Azure |
Cloud Service Provider |
United States of America |
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Centric IT |
Infrastructure safeguarding |
the Netherlands |
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True B.V. |
Webhosting |
the Netherlands |
Service specific Sub-processors:
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Name |
Type |
Country |
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Zendesk, Inc. |
Customer support |
United States of America |
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Messagebird B.V. |
Telecommunications |
the Netherlands |
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TinTel B.V. |
Payment provider |
the Netherlands |
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LexisNexis Business Information Solutions BV |
(Enhanced) customer due diligence |
the Netherlands |
9. Filing a complaint with the National Supervisory Authority (NSA)
Customer may file a complaint directly to the NSA. Customer may choose to file a complaint to the NSA in their country or file a complaint with the Dutch NSA, which, by virtue of Phoenix having legal residence in the Netherlands, will be the Lead Supervisory Authority. Each European member state has designated a person or institution which has competences related to data protection. The NSA can be reached at the following contact details:
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Autoriteit Persoonsgegevens |
A full overview of all the NSAs in the European Union and their contact information can be found here: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080
10. Cookies
Upon visiting the Website and making use of the Services, certain cookies are active. Although the Cookie Policy forms part of this Privacy Policy, the Cookie Policy is available in a separate document which describes the functionalities in detail.
11. Amendments
Phoenix has the right to change the content of this Privacy Policy without prior notification to its visitors and Customers. Any modification to this Privacy Policy will take immediate effect and will apply to all prior contacts, visits, transactions and agreements. Notifications of such changes will be posted on the Website or any other official communication channel. Customers and visitors are, nevertheless, strongly advised to consult this Privacy Policy regularly.
12. Questions
Visitors and Customers are invited to contact Phoenix with any question about this Privacy Policy.
Mail: support@anycoindirect.eu / privacy@anycoindirect.eu
Phone: (+31) - (0)800-2692646
Live chat: www.anycoindirect.eu
Release date: 12 June 2018
13. Impressum
To prevent problems with orders please keep following things in mind: