Agreement to Our Legal Terms

SwissCryptoTrading di Ken Trotti (“SwissCryptoTrading", “SCT, “we", “us", “our") is a sole proprietorship established in accordance with the laws of Switzerland with the commercial IDI registration number CHE-450.763.823, and its registered office is located in Arogno, Ticino, Switzerland (Zefix link). Our website (“Website”) is www.swisscrypto.trading and will be mainly used for the Know-Your-Customer process (KYC).

SwissCryptoTrading is a duly affiliated financial intermediary with PolyReg (verify here), a self-regulatory organization (SRO) officially recognized by the Swiss Financial Market Supervisory Authority (FINMA).

SwissCryptoTrading provides cryptocurrency trading services through the Binance peer-to-peer platform ("Platform"). The following terms and conditions define the rights and obligations of the parties in connection with the use of the Platform.

By using and directly or indirectly interacting with SwissCryptoTrading’s advertisements (“ADS") on the Platform, you as a User (“User", “You", “you") explicitly acknowledge and accept these Terms, and acknowledge that you have read and understood these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

A link to these Terms will be available in the ADS description on the Platform. These Terms may be updated by SwissCryptoTrading at any time without any obligation to provide prior notice.

1 Terms of Service

1.1 Our Services

To be able to use our services, you guarantee and declare that:

1. You comply with the Platform’s Terms of Service and you are not acting on behalf of others or in their interest.

2. You have full power and authority to enter into this legal relationship, and by doing so, you will not violate any other legal relationships.

3. You are responsible for managing your tax matters, including the filing and payment of any tax declarations and compliance with applicable tax laws and regulations in your country of residence and/or citizenship, and that your funds and/or crypto assets passing through our services have been, or will be, duly declared to the tax authorities of your country of residence and/or citizenship.

4. You will not use our services or immediately cease to do so if you are, or become, a resident at any time of the state or region where the crypto asset transactions you intend to carry out are prohibited or require any special approval, permit, and/or authorization of any kind, which SwissCryptoTrading and/or you have not obtained in that state or region.

5. You will not use our services or immediately cease to do so if any applicable law in your country prohibits or will prohibit you from doing so at any time.

6. You are not and cannot be considered a U.S. person.

Furthermore you agree and warrant that you will not violate any law, contract, third-party right, or commit any wrongdoing by accessing or using our service, and you are solely responsible for your actions and/or omissions while using our service.

Without prejudice to the above, you represent, agree, and warrant that you will NOT:

• Use our service to support or engage in illegal activities.

• Provide false, inaccurate, or misleading information.

• Exploit possible bugs in the Website.

In the event of identification, it is your responsibility to keep the provided data updated by promptly notifying SwissCryptoTrading of any changes that occur.

1.2 KYC/AML

Under Swiss law, the exchange of FIAT money to cryptocurrencies or vice versa is subject to anti-money laundering obligations (AML). SwissCryptoTrading has implemented internal procedures in accordance with the Swiss Federal Law on the Prevention of Money Laundering and Terrorism Financing and related regulations to ensure that its services are not used for criminal purposes and obtain Know Your Customer (KYC) information from the User (the “AML Requirements"). The User confirms that the funds and/or crypto assets involved in our service come from a legitimate source. The User declares and warrants not to use SwissCryptoTrading services for illegal activities or engaging in any behavior that is unlawful, violates this Agreement, or is otherwise deemed unacceptable by SwissCryptoTrading at its sole discretion.

Based on the risk assessment of the relationship in accordance with the AML Requirements or in the event that SwissCryptoTrading has concerns regarding the information, documents, or the source of funds, SwissCryptoTrading has the right to request additional documents, information, or proof of the source of funds from you, or to immediately terminate the relationship without any justification without any liability to SwissCryptoTrading and no compensation to you.

If your monthly cumulative transactions are below CHF 1’000, you will have to fill in a KYC light form with minimal information listed in the Privacy Policy in Section 2.4.1. Otherwise, you will have to undergo our KYC/AML process. In case you refuse to do so, we shall have the right to terminate the business relationship without any liability to SwissCryptoTrading and no compensation to you.

1.3 User Representations

By using the Services, you represent and warrant that:

1. You have the legal capacity and you agree to comply with these Legal Terms;

2. You are older than 18 years old;

3. You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;

4. You will not use the Services for any illegal or unauthorized purpose;

5. Your use of the Services will not violate any applicable law or regulation;

6. You are not and cannot be considered a U.S. person.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

1.4 Refunds Policy

Usually the purchase and sale of cryptocurrencies through SwissCryptoTrading’s services are final, and no refunds or cancellations are provided. By placing an order to buy/sell cryptocurrencies, the User submits a binding offer to purchase/sell the chosen cryptocurrencies.

However, you can submit a request for order cancellation or refund, by email or post along with a justification, and SwissCryptoTrading will decide whether to accept it or not. Please note that fees may apply, and the refunded amount may be adjusted based on market fluctuations at the sole discretion of SwissCryptoTrading.

1.5 Contribution License

You agree that we may access, store, process, and use any information and data or personal data that you provide according to the Privacy Policy in Chapter 2.

1.6 Termination of Service

It is entirely at the User’s discretion whether they wish to continue using the service offered by SwissCryptoTrading or not.

SwissCryptoTrading may also terminate its services for the User at any time, for any reason, at its sole discretion. The User agrees and acknowledges that SwissCryptoTrading assumes no responsibility regarding the termination of the provided services.

1.7 Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy in Chapter 2, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Switzerland. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Switzerland, then through your continued use of the Services, you are transferring your data to Switzerland, and you expressly consent to have your data transferred to and processed in Switzerland.

1.8 Governing Law, Mediation and Jurisdiction

These Legal Terms are governed by and shall be construed in accordance with the laws of Switzerland, without regard to its principles of conflicts of law. In the event of any dispute arising out of or relating to these Legal Terms, both SwissCryptoTrading and yourself are committed to first seeking resolution through mediation, as outlined in section 1.8.1.

If mediation does not successfully resolve the issue, both parties agree to submit to the exclusive jurisdiction of PRETURA DI MENDRISIO-NORD located in Mendrisio, Switzerland. This agreement confirms that the courts of Mendrisio Nord will handle any further legal proceedings following an attempt at mediation.

1.8.1 Mediation

In the event of any dispute arising out of or relating to these Legal Terms, prior to initiating any formal legal proceedings, SwissCryptoTrading and yourself agree to first attempt to resolve the conflict amicably through mediation. The mediation will be conducted by a neutral, qualified mediator mutually agreed upon by both parties. The mediation process shall take place in Mendrisio, Switzerland, or at another location mutually agreed upon by the parties. Each party shall bear their own costs related to the mediation, and the costs of the mediator shall be shared equally between the parties. Participation in mediation is required as a precondition to pursuing any further legal action in court.

1.9 Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, bugs, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

1.10 Limitations of Liability

In no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.

1.11 Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, originated from:

• use of our services;

• breach of these Legal Terms.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

1.12 Intellectual Property Rights

All content provided through our services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is owned by SwissCryptoTrading or its content suppliers. This content is protected under Swiss and applicable international copyright laws. Unauthorized use, reproduction, or distribution of this material is strictly prohibited.

1.13 Modification of Terms

SwissCryptoTrading reserves the right to modify or amend these Terms of Service at any time without prior notice. Any changes to these terms will be effective immediately upon posting on the SwissCryptoTrading website. Users are encouraged to review these terms regularly to stay informed of any updates. Continued use of the SwissCryptoTrading services following the posting of changes to these terms constitutes acceptance of those changes. If a user disagrees with any modifications to the terms, their sole recourse is to discontinue using the SwissCryptoTrading services.

1.14 Service Interruptions and Availability

SwissCryptoTrading endeavors to ensure the reliability and availability of its services but does not guarantee uninterrupted service. The services may be temporarily unavailable due to maintenance, system updates, technical issues, or any other reasons. SwissCryptoTrading shall not be liable for any disruption, inconvenience, or loss resulting from such unavailability. Users are advised to verify the availability of the webpage before conducting exchange request on Binance.

1.15 User Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to:

1. Not disclose your password or allow anyone else to use your account.

2. Immediately notify SwissCryptoTrading of any unauthorized use of your account or any other breach of security.

3. Ensure that you exit from your account at the end of each session when accessing the service.

SwissCryptoTrading will not be liable for any loss or damage arising from your failure to comply with these requirements.

1.16 Contact Us

In order to resolve a complaint regarding our services or to receive further information regarding use of our services, please contact us at:

SwissCryptoTrading di Ken Trotti
strada vegia 3
Arogno 6822
Switzerland
Phone: +41793183880
ken.trotti@swisscrypto.trading
ken13889@msn.com

2 Privacy Policy

SwissCryptoTrading is committed to ensuring that your personal data is processed responsibly and in accordance with the legal requirements of the Swiss Federal Act on Data Protection and its implementing regulations, as well as other provisions of Swiss data protection law.

2.1 Acceptance of Privacy Policy

By using the services of SwissCryptoTrading and submitting information to SwissCryptoTrading, you agree to the collection, use, and sharing of your personal data as described in this Privacy Policy and the associated Terms of Service.

If you do not agree with any aspect of this Privacy Policy or do not wish your information to be used in this way, you should immediately discontinue accessing or using our services.

2.2 External Links

Our services may contain links to websites of other companies and services they offer. These companies may have personal data protection policies different from ours. We hereby disclaim any responsibility for the data protection practices of such third parties or the content of any products or services offered or provided by them.

2.3 Use of Cookies

Our website uses technical cookies only. The only user-specific information written to cookies involves language preferences and whether the user has clicked “ok" on the cookie banner. This ensures that users can interact with our website in their chosen language automatically on future visits and that they do not need to repeatedly acknowledge the cookie banner.

Your essential personal information are stored in server-side session cookies to maintain the state of your activities while you navigate through our services. These cookies are temporary and are deleted automatically after 1 hour of inactivity.

No cookie data or personal information is shared with any third parties, except as required by law or as detailed in our Privacy Policy under Section 2.5 regarding legal compliance and data disclosures.

2.4 Data and Personal Data

Personal data refers to information that can be used to directly or indirectly identify or contact you.

Our Privacy Policy covers all personal data that you voluntarily provide to us and that we obtain through the Platform. This Privacy Policy does not apply to anonymized data, as it cannot be used to identify you.

Except as described in this Privacy Policy, SwissCryptoTrading will not provide, sell, rent, or lend any personal data to third parties, except in the cases listed in Section 2.4.2.

2.4.1 Personal Data We Collect

We collect personal data that you directly provide to us or that is generated when you use our services or request support.

When we request certain personal data from users, it is because we are legally obligated to collect such data (fraud prevention, anti-money laundering, counter-terrorism financing, know-your-customer obligations).

You are free to choose whether to provide us with the types of personal data requested, but we may not be able to serve you effectively or provide you with all our services if you choose not to share certain information with us.

We may use this information in combination with other information collected about you, as described in this Privacy Policy.

When registering on our website, you may be asked to provide the following information:

Full name, date of birth, nationality, gender, signature, utility bills, photographs, id/passport scans and relative data, scan of documents to prove the source of funds, phone number, home address, email, password (it will be hashed and then stored), occupation, company name, workplace address, income, liquid and total net worth, source of funds, purpose of currency exchange operation, civil status, language, status PEP, status US person, IBAN, name and address of the bank, partner’s full name, partner’s birth date and partner’s occupation.

We also collect the following data when visiting our website:

IP address, time of access, movements inside the website (to avoid bots and track possible software errors).

2.4.2 Utilization of Your Personal Data

Our purpose in collecting personal information is for loss prevention and anti-fraud purposes. We may utilize this information in the following ways:

• To maintain legal and regulatory compliance;

• To enforce our Terms within our User Agreement;

• To provide SwissCryptoTrading services;

• To provide service-related communications;

• To offer customer support;

In particular, your phone number will be used to secure access to our website. Each time you attempt to log in, a numeric code will be sent to your phone via SMS, which you must enter in the specified field.

2.4.3 Data Security

All your personal data is encrypted and stored on a server located in Switzerland with automatic backups. Moreover, only essential personal data are always stored on the online server. Essential personal data consist of: email, hashed password, phone number, trading limits, trades history, list of IP addresses connected to your account, the list of questions that SCT has concerning the information in your KYC (if any).

Non-essential personal data is stored temporarily on the website server (e.g. after KYC process), but it is not accessible via the website (writing privileges only). Such data is removed from our online servers as soon as possible and stored locally in multiple offline backups to ensure your privacy and data security.

2.4.4 Data Retention

SwissCryptoTrading will retain your personal data only for the time necessary to fulfill the purposes stated in this Privacy Policy.

SwissCryptoTrading will retain and use your personal data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. Therefore, in accordance with our record-keeping obligations, we will retain User’s personal data for at least five years (and some up to ten years, as required by applicable law) following the termination of a business relationship.

2.5 Disclosures for Legal Compliance

SwissCryptoTrading complies with the Swiss privacy laws and regulations.

SwissCryptoTrading may be required to disclose personal information of users or clients to legal authorities without explicit user consent if presented with a court order or similar legal or administrative order, or as required or permitted by the laws, rules, and regulations of any nation, state, or other applicable jurisdiction.

Furthermore, in the event of a violation of the Terms of Service, we may disclose user’s personal information to legal authorities.

Finally, in accordance with our commitment to uphold legal and regulatory requirements, SwissCryptoTrading may share personal information with trusted third-party service providers. These providers assist in verifying the accuracy and completeness of the information provided during our Know Your Customer (KYC) processes. This cooperation is vital for conducting the necessary due diligence to prevent illegal activities such as money laundering and terrorist financing. Any sharing of personal information is strictly governed by confidentiality agreements to ensure that data is handled securely and in compliance with the applicable data protection laws.

2.6 Your Rights

You have the right to know which personal data concerning you we hold. Where permitted by current regulations, we may charge you administrative fees for providing such data.

2.7 Changes to this Privacy Policy

SwissCryptoTrading reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice to reflect changes in our personal information practices or relevant laws. We will post the revised version of the Privacy Policy on our website. We encourage you to periodically review this page for the latest information on our privacy practices.

Please note that our continued use of our services after any change has been posted constitutes your acceptance of the revised Privacy Policy. If you do not agree with the modifications, you should discontinue your use of our services immediately.

2.8 Data Controller

According to the Swiss federal law on data processing, the data controller is Ken Trotti.

Ken Trotti
strada vegia 3
Arogno 6822
Switzerland
Phone: +41793183880
ken.trotti@swisscrypto.trading
ken13889@msn.com