SafePal Terms of Service
Last Updated: Jan 11, 2019.
Thank you for choosing SafePal. This SafePal Terms of Service (“Agreement”) is made between you (“User”) and Shenzhen Anbi Technology LTD. and is legally binding between you and Company. In this Agreement (a) “we” and “us” refer to the Company and “our” shall be construed accordingly; and (b) “you” refers to User and “your” shall be construed accordingly. Each of you and the Company shall hereinafter be referred to as a “Party”, and collectively, you and the Company shall hereinafter be referred to as the “Parties”.
Company hereby reminds you that you must carefully read the full content of this Agreement and other documents mentioned in this Agreement before using our mobile application “SafePal” (“SafePal” or “App”) available on various mobile platforms including but not limited to Google Play and Apple App Store. In particular, you must carefully read the section of “Disclaimer and Limitation of Liability” and other sections which are displayed in bold in this Agreement. You must make sure that you fully understand the whole Agreement and evaluate the risks of using SafePal on your own.
I.Confirmation and Acceptance of this Agreement
1.You understand that this Agreement and other relevant documents apply to SafePal and the Decentralized Applications (“DApps”) which are developed and owned independently by Company on SafePal (and excluding DApps developed by third parties).
2.After you download SafePal and start to create, recover Identity (defined as below) or import wallet, you are deemed as having read and accepted this Agreement, which shall cause this Agreement to become effective and legally binding on both you and Company immediately. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU SHALL CEASE USAGE OF SafePal IMMEDIATELY AND IF YOU HAVE DOWNLOADED SafePal, PROCEED TO DELETE SafePal IMMEDIATELY.
3.In accessing or using SafePal, you agree:
3.1 to be bound by the latest version of this Agreement;
3.2 that in the jurisdiction to which you are subject, you are of legal age to use SafePal and to create binding legal and financial obligations for any liability you may incur as a result of the use of SafePal; and
3.3 you are not an Excluded Person (as defined herein).
4. Company may, at its sole discretion, modify or replace this Agreement at any time. The modified Agreement will automatically take effect once it is posted on SafePal and you will not be notified separately. If you do not agree with the modifications, you shall cease to use SafePal immediately. Use of SafePal by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified.
1.SafePal: means the digital wallet developed by Company based on blockchain systems and other supporting tools which are developed for the convenience of the Users when using blockchain systems.
2.SafePal Hardware Wallet：means the encrypted digital asset storage hardware wallet developed by Company based on blockchain systems and hardware design technology.
3.1 a person other than a natural person who possesses legal and mental capacity to enter into this Agreement; or
3.2 a User who is prohibited, restricted, unauthorized or ineligible in any form or manner whether in full or in part under this Agreement, laws, regulatory requirements, or rules in the jurisdiction applicable to such User, to use the Services (as defined below).
4.Beginner’s Guide: means the operation guide provided by the Company before you start to use SafePal (and during your future use of SafePal). This Beginner’s Guide would help you understand the basic knowledge about blockchain.
5.Bind Wallet: means the process to bind the SafePal hardware wallet with SafePal App after your acceptance of this Agreement.
6.Wallet Password: means the password determined by you when you first use the App. The Wallet Password will be used to encrypt and protect your Private Key. SafePal, as a decentralized application, will not store your Wallet Password on our servers, nor will your Wallet Password be stored in your own mobile devices. If you lose or forget your Wallet Password, you will have to reset the Wallet Password with your Private Key or Mnemonic Words.
7.Alert: means the prompt messages displayed on SafePal’s operation interface, Users are recommended to follow the prompt.
8.Specific Users: means Users who should cooperate with Company and disclose Personal Information in order to comply with the laws, regulations and policies of the People's Republic of China and other countries.
9.Developer Users: means Users who use services provided to Developers, such as SafePal Open Source Code and Developer mode etc., in accordance with notices of the Company and relevant Open Source License.
10.Private Key: consists of 256 random bits. Private Key is the core for the User to hold and use the Tokens.
11.Public Key: is derived from the Private Key based on cryptography and is used to generate wallet addresses. A wallet address is a public address for receipt of Tokens.
12.Mnemonic Words: consists of 12 (or 18/24) words which are randomly generated, and it is based on BIP39, BIP44, the industry standard of blockchain. It is a human readable format of words to back up your Private Key for recovery.
13.Tokens: means the tokens which are supported by SafePal currently, including but not limited to BTC, ETH, BNB and so on.
14.Notification Center: means the inbox where the Users may receive messages or notices from the Company.
15.Personal Information: means information recorded in electronic or any other form which may identify a natural person when used alone or in combination with other information, including but not limited to name, date of birth, identification card number, personal biological identification information, address, telephone number, bank card number, e-mail address, wallet address, mobile device information, operation record, transaction record, but excluding Wallet Password, Private Key, and Mnemonic Words.
16.SafePal Open Source Code (“SafePal OSC”): means the partial software code of SafePal that Company has publicized and made open-source. Users may use (include further development) such open source software code in accordance with relevant Open Source License and notices of the Company.
17.Open Source License: means the third-party-developed open source license that shall be abided by Developer Users when using SafePal OSC.
III.SafePal Services (collectively, the “Services”)
1.Bind Wallet. You can use SafePal hardware wallet to generate new wallets for supported tokens or use the Mnemonic words generated from other wallets which is under the relevant blockchain system with SafePal, to recover your wallet on SafePal hardware wallet, and bind your SafePal hardware wallet with the SafePal App.
2.Transfer and receive Tokens. You may manage your digital Tokens by using the transfer and receipt functions of SafePal App in conjunction with SafePal hardware wallet, i.e., you may revise the blockchain ledger by signing with your Private Key. Transfer of Tokens means the payer’s transfer of the Token to the ENS domain or blockchain address of the payee. Such “transfer” of Tokens involves a validated record of such transaction on the distributed ledger of the relevant the blockchain system (rather than an actual delivery or transfer of Tokens on SafePal).
3.Manage Tokens. You may use SafePal to add, manage or delete the Tokens [from the SafePal interface] supported by SafePal.
4.Transaction records. We will copy all or part of your transaction records from the blockchain system. However, Users shall refer to the blockchain system for the latest transaction records.
5.Other services that Company would like to provide.
Users who use SafePal acknowledges and accepts that:
1.In order to keep the decentralization feature of blockchain and to protect the security of your digital Tokens, Company offers decentralized service which is largely different from the banking and financial institutions. Users acknowledge and accept that the Company SHALL NOT have any responsibility to:
1.1 store Users’ Wallet Password (the password Users set when the first time use the App), Private Key, or Mnemonic Words;
1.2 recover Users’ Wallet Password, Private Key, or Mnemonic Words;
1.3 freeze the wallet;
1.4 report the loss of wallet;
1.5 recover the wallet; or
1.6 rollback transactions.
2.You shall bear sole responsibility to take care of your mobile devices, back up the SafePal App, and back up the Wallet Password, Mnemonic Words, and Private Key. In the event that: your SafePal hardware wallet is lost or stolen, you forget or haven’t backed up the Wallet Password, Private Key, or Mnemonic Words, the Company will not be able to recover the wallet or recover Wallet Password, Private Key, or Mnemonic Words. The Company may not be able to cancel transactions for the mishandling of Users (such as typing in wrong addresses for transactions, wrong amounts to be exchanged) and the Company shall not be responsible in any way in respect of the same.
3.SafePal does not support all existing tokens. Do not use SafePal to handle any non-supported tokens.
IV.Your Rights and Obligations
1.Create or Import Wallet
1.1 Bind wallet: you are entitled to use SafePal on your mobile device to bind with SafePal hardware wallet, set Wallet Password and use your wallet on SafePal to transfer and receive Tokens on blockchain.
1.2 Identification verification: Specific Users will be asked to complete identification verification before using SafePal to comply with related laws and regulations, according to the notification of SafePal. Specific Users may be asked to provide Personal Information including but not limited to name, identification card number, cell phone number, bank card information, etc., without which the Specific Users will not be able to use certain services and the Specific Users alone shall be responsible for the loss caused by their delay in completing the verification.
1.3 Company may develop different versions of SafePal for different terminal devices. You shall download and install applicable version. If you download and install SafePal or other application with the same name as “SafePal” from any unauthorized third party, Company cannot guarantee the normal operation or security of such application. Any loss caused by using such application shall be borne solely by you.
1.4 A previous version of SafePal may stop to operate after a new version is released. Company cannot guarantee the security, continuous operation or customer services for the previous version. Users shall download and use the latest version.
2.Use of SafePal
2.1 You shall bear sole responsibility to take care of your mobile devices, Wallet Password, Private Key, and Mnemonic Words. Company does not store or hold the above information for Users. You shall be solely responsible for any risks, liabilities, losses and expenses which result from frauds, you losing your mobile device, disclosing (whether actively or passively) or forgetting Wallet Password, Private Key, or Mnemonic Word, or your wallet being attacked.
2.2 SafePal Alerts. You understand and agree to comply with the Alert(s) published by the Company on SafePal. You shall be responsible for any risks, liabilities, losses and expenses which result from your failure to comply with any Alert(s).
2.3 Provision of information and documents. To the extent that the Company determines, in its sole discretion, that it is necessary to obtain certain information about User in order to comply with any applicable law or regulation in connection with the use or operation of SafePal, User shall provide Company with such information promptly upon such request, and acknowledges and accepts that Company may restrict, suspend or terminate your use of SafePal until such requested information has been provided to the satisfaction of Company. User undertakes to notify Company of any change in the documents and information provided by User to Company pursuant to this Agreement and in the absence of any notification in writing notifying of any change, Company is entitled to assume that the documents and information provided by User remain true, correct, not misleading and unchanged.
2.4 Complete identification verification. If Company reasonably deems your operation or transactions to be abnormal, or considers your identification to be doubtful, or Company considers it necessary to verify your identification documents or other necessary documents, you shall cooperate with Company and provide your valid identification documents or other necessary documents and complete the identification verification in time.
2.5 Transfer of Tokens
2.5.1 You understand that you may be subject to daily limits on the amount and times of transfers according to your location, regulatory requirements, transferring purposes, risk control by SafePal, or identification verification.
2.5.2 You understand that blockchain operations are “irrevocable”. When you use SafePal to transfer Tokens, you shall be solely responsible for the consequences of your mishandling of the transfer (including but not limited to wrong address, problems of the node servers selected by you).
2.5.3 You understand that the following reasons may result in a “transfer failed” or “mining overtime” prompt:
• insufficient balance in wallet;
• insufficient gas for transaction;
• blockchain’s failure to execute the code of smart contracts;
• the transfer amount exceeding the transfer limits imposed by authorities, SafePal or laws or regulations;
• technical failure of the network or equipment;
• abandoned transactions result from blockchain network congestion or failure;
• the wallet address of yours or your counterparty’s is identified as special addresses, such as high-risk address.
2.5.4 You understand that SafePal is only a tool for transfer of Tokens. Company shall be deemed to have fulfilled its obligations once you have completed the transfer and shall not be held liable for any dispute in relation thereto.
2.6 Compliance. You understand that you shall abide by applicable laws, regulations and policies when you use SafePal or the DApps or the Smart Contracts on SafePal.
2.7 Notifications. SafePal may send notifications to you by web announcements, e-mails, text messages, phone calls, Notification Centre information, popup tips or client-end notices (e.g., information about your transfer or suggestions on certain operations) which you shall be aware of timely.
2.8 Service fees and taxes.
2.8.1 the Company does not charge you any service fees or handling fees for the time being. The Company may reach an agreement with you or announce rules regarding service fees in the future;
2.8.2 You need to pay “gas” or network fees when you transfer Tokens, the amount of which would be on your sole discretion and would be collected by the relevant blockchain network;
2.8.3 You understand that your transfer of Tokens may fail under certain circumstances, including but not limited to insufficient “gas” or network fees paid by you for the transfer of Tokens during the time of your transfer, or the relevant blockchain network being unstable, and in such event, you may still be charged gas by the relevant blockchain network, notwithstanding the failed transfer attempted;
2.8.4 You shall bear all the applicable taxes and other expenses occurred due to your transactions on SafePal.
1.You understand and acknowledge that the blockchain technology is a field of innovation where the laws and regulations are not fully established. You may be faced with material risks including instability of technology or failure for fiat-token exchange. You also understand that Tokens have much higher volatility comparing to other financial assets. You shall hold or dispose of the Tokens in a reasonable way and corresponding to your financial status and risk preferences. You also acknowledge that the market information is captured from exchanges by SafePal and may not represent the latest or the best quotation of each Token.
2.If you or your counterparty fails to comply with this Agreement or fails to follow the instructions, tips or rules on the website or on the page of the transaction or payment, the Company does not guarantee successful transfer of the Tokens and the Company shall not be held liable for any of the consequences of such failure. If you or your counterparty has already received the payment in SafePal wallet or third-party wallet, you understand that transactions on blockchain are irreversible and irrevocable. You and your counterparty shall assume the liabilities and consequences of your transactions.
3.When you transfer your tokens directly to another wallet address, it is your sole responsibility to make sure that your counterparty is a person with full capacity for civil acts and decide whether you shall transact with him/her.
4.You shall check the official blockchain system or other blockchain tools when you receive an Alert such as “transaction failed” or “mining overtime” in order to avoid repetitive transfer. If you fail to follow this instruction, you shall bear the losses and expenses occurred due to such repetitive transfer.
5.You understand that when you use SafePal App and SafePal hardware wallet, your Private Key information is only stored on your SafePal hardware wallet and will not be stored in SafePal App or on the servers of Company. You may change another mobile device to use SafePal after you follow the instructions on SafePal to bind again with your SafePal hardware wallet. If you lose your SafePal hardware wallet before you could write down or backup your Wallet Password, Private Key, or Mnemonic Words, you may lose your Tokens and Company will not be able to recover them. If your Wallet Password, Private Key, or Mnemonic Words is disclosed or the device which stores or holds your Wallet Password, Private Key, or Mnemonic Words is hacked or attacked, you may lose your Tokens and Company will not be able to recover them. Any and all losses arising in connection with the foregoing shall be borne solely by you.
6.We suggest you to backup your Wallet Password, and Mnemonic Words when you create wallet. Please do not use electronic methods such as screenshots, e-mails, note-taking apps in cell phones, text messages, WeChat or QQ to backup any of the foregoing information. We recommend you to write down the Mnemonic Words on papers, or backup them in password management apps.
7.In order to avoid potential security risks, we suggest you use SafePal App in a secured network environment. Please do not use a jailbreak or rooted mobile device.
8.Please be alert to frauds when you use SafePal. If you find any suspicious activity, we encourage you to inform us immediately.
VI.Change, Suspension, Termination of Company Service
1.You acknowledge and accept that Company may, at its sole discretion, provide only a part of the Services for the time being, suspend certain Services or provide new Services in the future. When we change our Services, your continuous use of SafePal products is deemed as your acceptance of this Agreement and revisions of this Agreement.
2.In order to avoid (to the extent possible) any mishandling of SafePal products or any risk to the security of your Tokens, you shall not use SafePal products if you do not possess the basic knowledge of blockchain. For Users who do not possess basic knowledge of blockchain, Company may refuse to provide all or part of the Services on SafePal products to such Users.
3.You understand that Company may suspend the Services under the following circumstances (or may completely terminate the Services in connection with any of the following circumstances):
3.1 maintenance, upgrading, failure of equipment and blockchain system and the interruption of communications etc., which lead to the suspension of the operation of SafePal;
3.2 force majeure events including but not limited to typhoon, earthquake, tsunami, flood, power outage, war, or terrorist attacks, or computer viruses, trojan horses, hacker attacks, system instability or government behaviors and other reasons, which result in the Company’s inability to provide Services or if in Company’s reasonable opinion, continuous provision of Services would result in significant risks;
3.3 material adverse change of applicable laws or policies; or
3.4 any other event(s) which Company cannot control or reasonably predict.
4.Company reserves the right to unilaterally suspend or terminate all or part of the Services or any function of SafePal under the following circumstances:
a) death of Users;
b) if you steal others’ wallets information or mobile devices;
c) if you provide false Personal Information on SafePal;
d) if you refuse to allow mandatory update of SafePal;
e) if you use SafePal OSC in breach of third-party Open Source License or notices of the Company;
f) if you use SafePal to commit illegal or criminal activities;
g) if you hinder the normal use of SafePal by other Users;
h) if you pretend to be staff or management personnel of Company;
i) if you threaten the normal operation of Company computer system by attack, invasion, alternation or any other means;
j) if you use SafePal to send spam; or
k) if you spread rumors which endanger the goodwill of Company and SafePal;
l) if you conduct any illegal activities, breach this Agreement etc. or other circumstances under which Company reasonably considers necessary to suspend Services.
VII.Your Representations and Warranties
1.You shall comply with all applicable laws and regulations of the country or area you reside in. You shall not use SafePal for any unlawful purposes or by any unlawful means.
2.You shall not use SafePal to commit any illegal or unlawful activities, including but not limited to:
a) activities endangering national security of the country or area you reside in, disclosing state secrets, overturning the government or undermining national unity;
b) any illegal conducts, such as money laundering, illegal fund raising etc.;
c) accessing Company services, collecting or processing the content provided by Company, intervening or attempting to intervene any Users, by the employment of any automated programs, software, network engines, web crawlers, web analytics tools, data mining tools or similar tools etc.;
d) providing gambling information or inducing others to engage in gambling;
e) invading into others’ SafePal wallets to steal Tokens;
f) engaging in any inaccurate or false transactions with the counterparty;
g) committing any activities which harms or attempts to harm SafePal service system and data;
h) other activities which Company has reason to believe are inappropriate.
3.You understand and accept that you shall be responsible for any violation of law (including but not limited to the customs and/or tax regulations) or for breach of this Agreement by you and shall indemnify Company against the losses, the third-party claims or administrative penalties against Company incurred by such violation or breach, including reasonable attorney’s fees.
4.You confirm that you will pay the service fees charged by Company in time (if applicable). Company reserves the right to suspend the services when the User fails to pay service fees (if applicable).
IX.Disclaimer and Limitation of Liability
1.Company only undertakes obligations expressly set forth in this Agreement.
2.YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SafePal IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. Company shall not be held liable for malfunction of SafePal which results from any of the following reasons:
a) system maintenance or upgrading of SafePal;
b) force majeure, such as typhoon, earthquake, flood, lightning or terrorist attack etc.;
c) malfunction of your mobile device hardware and software, and failure of telecommunication lines and power supply lines;
d) your improper, unauthorized or unrecognized use of the Services;
e) computer viruses, trojan horses, malicious program attacks, network congestion, system instability, system or equipment failure, telecommunication failure, power failure, banking issues, government acts etc.;
f) any other reasons not imputed to Company.
3.Company shall not be held liable due to any of the following circumstances:
a) you losing your SafePal hardware wallet, deleting SafePal applications and wallets without back-up, forgetting Wallet Passwords, Private Keys, Mnemonic Words without back-up, which result in the loss of such User’s Tokens;
b) you disclosing your Wallet Passwords, Private Keys, Mnemonic Words, or lending or transferring your SafePal wallets to others, or authorizing others to use your mobile devices or SafePal wallets, or downloading SafePal applications through unofficial channels, or using SafePal applications by other insecure means, which result in the loss of your Tokens;
c) you mishandling SafePal (including but not limited to wrong address, failure of the node servers selected by you), which result in the loss of Tokens;
d) you being unfamiliar with the lack of knowledge in relation to blockchain technology and your mishandling of SafePal resulting in loss of your Tokens;
e) SafePal being unable to copy accurate transaction records due to system delay or blockchain instability etc.;
4.Company does not warrant that:
a) services provided by Company would satisfy all your needs;
b) all techniques, products, services, information or other materials from Company would meet your expectations;
c) all the transaction information in digital Tokens markets captured from the third party exchanges are prompt, accurate, complete, and reliable;
5.In any case, the total liability for Company under this Agreement shall not exceed the greater of:
a) the market value of 0.1 ETH; or
b) 500 RMB.
6.You are aware that SafePal is only a tool for Users to manage their Tokens and to display transaction information. Company does not provide legal, tax or investment advice. You shall seek advice from professional legal, tax, and investment advisors. In addition, Company shall not be liable for any investment loss, data loss etc. during your use of our service.
7.You understand that we may change our entry standards, limit the range and ways to provide services for specific Users etc. at any time in accordance with applicable laws and regulations.
Subject to this Agreement, only you and no other person shall have the right to any claim against us in connection with use of the Services. You shall not assign, trade or transfer, or attempt to assign, trade or transfer, your right to any such claim. Any such assignment or transfer shall be void and shall not impose any obligation or liability on or against us to the assignee or transferee.
2.Intellectual Property Rights
SafePal is an application developed and owned by Company. The intellectual property rights of any contents displayed in SafePal (including this Agreement, announcements, articles, videos, audios, images, archives, information, materials, trademarks or logos) are owned by Company or the third-party licensors. Users can only use the SafePal applications and its contents for the purpose of holding and managing their Tokens. In particular, without prior written consent (or permit from relevant Open Source License) from the Company or the third-party licensors, no one shall use, modify, decompile, reproduce, publicly disseminate, alter, distribute, issue or publicly publish the abovementioned applications and contents (including SafePal OSC). This Agreement shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, internet domain names or copyright in connection with us or the Services.
Any failure by us to enforce this Agreement or to assert any right(s), claim(s) or causes of action against you under this Agreement shall not be construed as a waiver of our right to assert any right(s), claim(s) or causes of action against you.
a) The use of Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services in any jurisdiction (“Payable Tax”).
b) You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax.
c) We shall not be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities.
6.Governing Law and Dispute Resolution
a) This Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China.
b) In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, the Parties shall first seek settlement of that dispute. In the event that such dispute is not resolved within a period of 30 days from the commencement of such settlement process, such dispute shall be referred to and finally be resolved by arbitration in China in accordance with the rules of the Shenzhen Court of International Arbitration (“SCIA”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of a sole arbitrator to be appointed by the Chairman of the SCIA. The language of the arbitration shall be Chinese. Each of the Parties irrevocably submits to the non-exclusive jurisdiction of the courts of China to support and assist the arbitration process pursuant to the foregoing of this paragraph, including if necessary the grant of interlocutory relief pending the outcome of that process.
7.Severance and Partial Invalidity
a) If any of part of this Agreement is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Agreement shall continue to be valid and in full force and effect.
b) The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
8.Translated versions of this Agreement
Translated versions of this Agreement (if any) are provided for the convenience of Users, and are not intended to revise the English, Chinese version of this Agreement. If there is any discrepancy between the English, Chinese version and non-English, non-Chinese version of this Agreement, the English, Chinese version shall prevail.
1.You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the Services.
2.During your use of the Services, if you come across any problems, you can contact us through email.
3.This Agreement is accessible for all Users on SafePal App. We encourage you to read this Agreement each time you log onto SafePal.
4.This Agreement shall become effective on Jan, 11, 2019.
As for any issues not covered in this Agreement, you shall comply with the announcements and relevant rules as updated by Company from time to time.
Shenzhen Anbi Technology LTD.
Last Updated: Jan, 11, 2019.
(a) access or use our website and mobile applications (“Applications”) and services; and/or
(b) provide us with your Personal Information, regardless or the medium through which such Personal Information is provided.
The Company recommends that you shall carefully read and understand the whole contents of this Policy before your use of the Applications. Definitions of key words in this Policy are consistent with those in the SafePal Terms of Service of the Company. If there is any discrepancy between the definitions of any defined term used in this Policy and the SafePal Terms of Service, the definition of any defined term used in this Policy shall prevail.
By providing us with your Personal Information, you consent to our collection, use, disclosure (including transfer) and processing of your Personal Information in accordance with this Policy. Please DO NOT provide any Personal Information to us if you do not accept this Policy.
The Company reserves the right to update this Policy online from time to time, without notice to you, and the revised Policy will come into effect and supersede the older versions once posted on our Applications. The revised Policy will apply to Personal Information provided to us previously. In particular, if you do not accept the revised Policy, please immediately stop your use of the Applications. Your continuous use of our Applications will be regarded as your acceptance of the revised policy.
1. Information We Collect
1.1 We collect your Personal Information, including but not limited to your operation records, transaction records and wallet addresses.
1.2 You confirm that your Wallet Password, Private Key, and Mnemonic Words on the Applications are not stored or synchronized on the Company’ servers. The Company does not offer the service to recover your Wallet Password, Private Key, or Mnemonic Words.
1.3 We may also request for you to provide us with additional Personal Information in order for us to enable your use of any specific functions of the Applications. Your refusal to provide us with the requested Personal Information will be considered as your choice to not use a particular specific function of the Applications.
1.4 To the extent permitted by applicable laws and regulations, the Company may collect and use the Personal Information in the following circumstances without your prior consent or authorization:
1.4.1 information related to national security and national defense;
1.4.2 information related to public security, public health, significant public interests;
1.4.3 information related to criminal investigation, prosecution, trial and enforcement;
1.4.4 Personal Information in the public domain;
1.4.5 Personal Information collected from legally publicly disclosed information, such as legal news reports, government information disclosure and other channels;
1.4.6 Personal Information necessary to maintain the security and compliance of services, such as to detect or to solve the malfunction of products and services; and/or
1.4.7 other circumstances permitted by laws and regulations.
1.5 We collect information in the following ways:
1.5.1 when you provide us with your Personal Information for whatever reasons;
1.5.2 when you authorize us to obtain your Personal Information from a third party;
1.5.3 when you register for a user account on our Applications;
1.5.4 when you contact us or interact with our employees through various communication channels, for example, through social media platforms, messenger platforms, face-to-face meetings, telephone calls, emails, fax and letters;
1.5.5 when you transact with us, contact us or request that we contact you;
1.5.6 when you request to be included in an email or our mailing list; and/or
1.5.7 when we copy all or part of your transaction records on the blockchain. However, you should refer to the blockchain system for your latest transaction records.
1.6 Your provision of Personal Information to us is voluntary and you may withdraw your consent for us to use your Personal Information at any time. However, if you choose not to provide us with the Personal Information we require, it may not be possible for you to use the Applications or for us to contact you, or provide products or services which you need from us.
1.7 In certain circumstances, you may also provide us with the Personal Information of persons other than yourself. If you do so, you warrant that you have informed him/her of the purposes for which we are collecting his/her Personal Information and that he/she has consented to your disclosure of his/her Personal Information to us for those purposes. You agree to indemnify and hold us harmless from and against any and all claims by such individuals relating to our collection, use and disclosure of such Personal Information in accordance with the terms of this Policy.
1.8 You are responsible for ensuring that all Personal Information that you provide to us is true, accurate and complete. You are responsible for informing us of any changes to your Personal Information.
2 How We Use Your Information
2.1 We collect, use or disclose your Personal Information for one or more of the following purposes:
2.1.1 to provide you with products and/or services that you request for;
2.1.2 to manage your relationship with us;
2.1.3 to facilitate your use of our Applications;
2.1.4 to push important notifications to you, such as software update, update of Terms of Service and this Policy;
2.1.5 to notify you of our products, services, programmes and events;
2.1.6 to resolve any disputes, investigating any complaint, claim or dispute or any actual or suspected illegal or unlawful conduct;
2.1.7 to conduct our internal audit, data analysis and research;
2.1.8 to conduct user behavior tracking by tracking the Users’ use of the Applications;
2.1.9 to comply with our obligations in accordance with laws, regulations and to cooperate with regulatory authorities;
2.1.10 to comply with international sanctions and applicable regulation for securities and to counter money-laundering or financing of terrorism;
2.1.11 to enforce obligations owed to us, and contractual terms and conditions; and/or
2.1.12 any other reasonable purposes related to the aforesaid.
2.2 If you have consented, we may use your Personal Information, from time to time, for additional purposes such as to inform you of the latest activities, special offers and promotions offered by our strategic business partners, associates and affiliates.
2.3 We offer you the “Touch ID” option in the “Settings” column of the Applications to provide you with a convenient and safe way to manage your digital Tokens.
3 How You Control Your Own Information
You are entitled to control your Personal Information provided to SafePal.
3.1 You may import your hardware wallets into SafePal App by binding them with the SafePal App. SafePal will display the information of binding wallets to you.
3.2 You may add or delete Tokens, transfer and collect Tokens using the SafePal App.
3.3 You acknowledge that since blockchain is an open source system, your transaction records are automatically public and transparent in the whole blockchain.
3.5 You are entitled to ask us to update, revise, and delete your Personal Information and/or withdraw any consent provided to us. If you wish to withdraw any consent you have given us at any time, or if you wish to update, revise, delete or have access to your Personal Information held by us, or if you do not accept any amendment to this Policy, please contact us at:
3.6 In many circumstances, we need to use your Personal Information in order for us to provide you with products or services that you require. If you do not provide us with the required Personal Information, or if you withdraw your consent to our use and/or disclosure of your Personal Information for these purposes, it may not be possible for us to continue to serve you or provide you with the products and services that you require.
4 Information We may Share or Transfer
4.1 We will keep your Personal Information for so long as we need the Personal Information for our business and legal purposes.
4.2 We do not sell, trade or otherwise transfer your Personal Information to third parties without your consent.
4.3 If you have consented to our disclosure of your Personal Information to our strategic business partners and associates, we may disclose your Personal Information to them. They will use your Personal Information only for the purposes you have consented to.
4.4 You agree that we may disclose or share your Personal Information with third parties such as:
4.4.1 service providers and data processors working on our behalf and providing services to us such as conducting know-your-clients checks, accounting, data processing or management services, website hosting, maintenance and operation services, e-mail message services, analysis services, handling of payment transactions, marketing etc; and
4.4.2 our consultants and professional advisors (such as accountants, lawyers, auditors).
4.5 If we need to transfer your Personal Information to any country for the purposes set out above, we shall obtain your prior consent and ensure that the recipient of the Personal Information protects your Personal Information to the same level as we have committed to protecting your Personal Information. Where these countries or territories do not have personal data protection laws that are comparable to the laws applicable to our relationship with you, we will enter into legally enforceable agreements with the recipients.
4.6 The Company will not share with or transfer your Personal Information to any third party without your prior consent, except for the following circumstances:
4.6.1 the collected Personal Information is publicized by yourself;
4.6.2 the Personal Information is collected from public information which was legally disclosed, such as news (lawfully reported), government information disclosure and other channels;
4.6.3 in order to abide by applicable laws, regulations, legal procedures, and administrative or judiciary authorities or to enforce our Policy or protect our or others’ rights, property or safety;
4.6.4 in the case of mergers and acquisitions, if transfer of Personal Information is involved, the Company may require the receivers of Personal Information to be continuously bound by this Policy.
5 How We Protect Your Information
5.1 If the Company ceases operation, the Company will stop the collection of your Personal Information, and take steps to delete or anonymize your Personal Information held by us within a reasonable period.
5.2 To protect your Personal Information, the Company may adopt data security techniques, improve internal compliance levels, provide security training for our staff, and set security authority for access to relevant data to protect your Personal Information.
6 Protection for the Minors
The following special provisions apply to minors who are under the age of 18 years old:
6.1 The minors shall not use SafePal without the guidance from their parents or guardians.
6.2 The parents and guardians of the minors shall provide guidance to the minors on using SafePal after they read this Policy, SafePal Terms of Service and other relevant rules.
6.3 SafePal will ensure the confidentiality and security of the minors’ Personal Information in accordance with the applicable laws and regulations.
7.1 After you access the websites, or Smart Contracts operated by third parties, you acknowledge that this Policy no longer applies to the collection, use, disclosure and transfer of your Personal Information by these third parties. The Company is unable to guarantee that these third party websites, applications and/or Smart Contracts will implement reasonable security measures to protect your Personal Information.
7.2 You are solely responsible for your use of these third party websites, or Smart Contracts and agree that you will not hold the Company liable for any damages incurred or injuries inflicted as a result of the collection, use, disclosure and transfer of your Personal Information by these third party websites, applications and/or Smart Contracts.
7.3 YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL ADOPT MEASURES AS REASONABLE AS POSSIBLE TO PROTECT YOUR PERSONAL INFORMATION UNDER CURRENT TECHNIQUES ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, TO AVOID THE DISCLOSURE, TAMPERING OR DAMAGE OF INFORMATION. SINCE THE COMPANY TRANSFERS DATA WIRELESSLY, THE COMPANY MAKES NO GUARANTEE ON THE PRIVACY AND SECURITY OF WIRELESS INTERNET DATA TRANSFERRING.
8.1 You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the services provided by the Company.
8.2 The validity, interpretation, alternation, enforcement, dispute resolution of this Policy and its revised versions shall be governed and construed in accordance with the laws of China. Where there is no applicable law, this Policy shall be interpreted by applicable commercial and/or industrial practices. If any dispute or claim in connection with this Policy arises between you and the Company, the parties shall first attempt to resolve the dispute or claim through amicable negotiations in good faith. If the parties cannot reach an agreement, either party may sue the other party at the competent court in China.
8.3 You may access this Policy and other terms (e.g. SafePal Terms of Service) through our Applications. We encourage you to check the SafePal Terms of Service and Policy of the Company each time you log onto our Applications.
8.4 Any translated versions of this Policy are provided for the convenience of Users, and are not intended to amend the original English, Chinese version of this Policy. If there is any discrepancy between the English, Chinese version and non-English, non-Chinese version of this Policy, the English, Chinese version shall prevail.
8.5 This Policy shall become effective on Jan, 11, 2018.
As for any issues not covered in this Policy, you shall comply with the announcements and relevant rules as updated by the Company from time to time.
Shenzhen Anbi Technology LTD.