EES Technology OÜ and its affiliates (hereinafter, "atom exchange", "we", "us" or "our") are committed to protecting and respecting your privacy. This Privacy Policy (together with our Terms and Conditions of Use) governs our collection, processing and use of your Personal Information. We define "Personal Information" as information which identifies you personally, e.g. your name, address, e-mail address, trades etc. The purpose of this Privacy Policy is to inform you of:

• Who is atom exchange and how you may contact us;
• the kinds of Personal Information which we may collect about you, the reasons for collecting this information, how it may be used and for how long we will keep it;
• our use of information regarding IP Addresses and our use of cookies;
• any disclosure of Personal Information to third parties;
• your ability to access, correct, update, restrict use, ask us to transfer and/or delete your Personal Information;
• the extent of automated decision-making or profiling that we carry out using your Personal Information;
• the security measures we have in place to prevent the loss, misuse, or alteration of Personal Information under our control, and
• your rights to lodge a complaint.

Who is atom exchange

EES Technology OÜ is a company registered in Estonia. Our registered office is at Väike-Paala tn 2 Tallinn Harjumaa, 11415, Estonia. Established in 2020 as the first cloud mining provider, atom exchange has become a multi-functional cryptocurrency exchange, trusted by over a million users. atom exchange offers cross-platform trading via website, mobile app, WebSocket and REST API, providing access to high liquidity orderbook for top currency pairs on the market. Instant Bitcoin buying and selling is available via simplified bundle interface. The exchange has developed a multi-level account system with individual approach to each customer, from Bitcoin beginners to institutional traders. Worldwide coverage, multiple payment options, and 24/7 support are accompanied by time-proven platform stability that guarantees safety of assets and data.

Gathering and Use of Personal Information

We may collect your Personal Information if you use atom exchange and open an Account to use the Platform or perform any Transactions on the Platform. This is defined as collection for the purpose of provision of service(s) to you. The types of Personal Information which we collect may include:

• your name;
• your photographic identification;
• details from your identity documents (such as driver license, passport), number of the document, date of issue and expiration, photographic identification, address etc.;
• your address;
• your phone number;
• your e-mail address;
• your IP address, Browser and Operating System information;
• your banking details including account numbers;
• your date of birth; and
• your trades.

We will process your Personal Information only for the purpose(s) of providing to you the service(s) that you ask us to provide you and to satisfy the legal obligations stemming from regulatory obligations that arise from providing you the service(s). We may use your Personal Information for the following purposes:

• to allow you to open and operate an Account on the Platform;
• to enable you to complete Transactions on the Platform;
• if you contact us, to reply to your queries;
• to analyse use of our Site;
• as required for regulatory purposes such as Tax, prevention of Money Laundering, prevention of Fraud, adherence to Company statistical reporting obligations etc.;
• to provide you with information about products and promotions that may be of interest to you, from ourselves and third parties, although only if you have specifically agreed to receive such information;
• for market research e.g. surveying our Users' needs and opinions on issues, such as our performance etc. Unless consented, your data for this purpose would be anonymised.

IP Addresses

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns and will not be used to identify any individual unless that same individual.

Cookies

We use a browser feature known as a "cookie", which assigns a unique identification to your computer. Cookies are typically stored on your computer's hard drive. Information collected from cookies is used by us to evaluate the effectiveness of our Site, analyse trends, and administer the Platform. The information collected from cookies allows us to determine such things as which parts of our Site are most visited and difficulties our visitors may experience in accessing our Site. With this knowledge, we can improve the quality of your experience on the Platform by recognising and delivering more of the most desired features and information, as well as by resolving access difficulties. We also use cookies and/or a technology known as web bugs or clear gifs, which are typically stored in emails to help us confirm your receipt of, and response to, our emails and to provide you with a more personalised experience when using our Site. We use third party service provider(s), to assist us in better understanding the use of our Site. Our service provider(s) will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our site, what products are browsed, and general Transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors' interests in our Site and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using the Platform. Our service provider(s) is/are contractually restricted from using information they receive from our Site other than to assist us. By using our Site you are agreeing that we may use cookies for the purposes set out above. The company will keep records of all transfers of Personal Information to third parties and this information, where possible, can be provided to you.

Disclosure of Personal Information

We use the Personal Information for the purposes indicated at the time you provide us with such information, and/or otherwise for the purposes set out in this Privacy Policy and/or as otherwise permitted by law. We may make available the Personal Information that you provide to us to our affiliates, agents, representatives, trusted service providers and contractors for these limited purposes upon your express consent or for and during the provision of the service that you would have requested. We may also share Users’ Personal Information with financial institutions, insurance companies or other companies in the case of a merger, divestiture, or other corporate re-organisation and notify you of such sharing of your information to be able to exercise any of your rights where applicable. We may also share Users' Personal Information with law enforcement or regulatory agencies, as may be required by law. We may not be able to inform you of such sharing of data due to legal restrictions. Any third party which receives or has access to Personal Information shall be required by us to protect such Personal Information and to use it only to carry out the services they are performing for you or for atom exchange, unless otherwise required or permitted by law. Such a third party, except for regulatory authorities, would be contractually bound to adhere to the same security and confidentiality policies as atom exchange and assume the same responsibilities as atom exchange. The legitimate exercise of any of your rights with atom exchange will also be notified to be applied by any such third parties having been given access to your Personal Information. We will ensure that any such third party is aware of our obligations under this Privacy Policy and we will enter into contracts with such third parties by which they are bound by terms no less protective of any Personal Information disclosed to them than the obligations we undertake to you under this Privacy Policy or which are imposed on us under applicable data protection laws.

Your rights

You have the right to access your Personal Information and to require the correction, updating and blocking of inaccurate and/or incorrect data by sending an email to us at support@atomexchange.com or where possible, you can do these actions in your account profile page yourself. Upon your written request at support@atomexchange.com, we will inform you of the Personal Information relating to you that we hold and the use and general disclosure of your Personal Information. We will also give you a copy of the Personal Information we have retained. There may be a minimal charge for providing you additional copies of your Personal Information to cover administrative costs. You may also request the deletion or destruction of both the Account and Personal Information by sending an email to us at: support@atomexchange.com. atom exchange will action your request immediately, except, where this is not consistent with its legal and regulatory obligations. You may also ask us to transfer your Personal Information to another controller of your choice. To ensure the confidentiality, integrity and availability of your information to yourself, we may request you to confirm your identity by providing identification documentation and/or other methods prior to assisting you in exercising any of your rights. If you refuse to prove your identity, we may decline to take actions in respect of your data, save restricting processing, until we can ensure that such actions are the true wish of the data subject. In the carrying out of our services we may use automated processing and profiling to reduce the risks of fraud, money laundering and abuse of our services. Through this automated processing, we carry out an analysis of your identification, transactional and behavioural patterns. We may not able to provide you with some or all our services if you do not wish this automated processing to be carried out. If you feel that this processing might be detrimental to you, we can provide you with further information about this automated processing by contacting us on support@atomexchange.com

Security

We have implemented technical and organisational security measures to ensure the confidentiality of your Personal Information and to protect your Personal Information from loss, misuse, alteration or destruction. Only authorised personnel of atom exchange have access to your Personal Information, and these personnel are required to treat the information as confidential. Where you have consented to, or we are obliged to pass on Personal Information to third parties to provide you with a requested service or in the carrying out of a regulatory or legal obligation, we will request that the same levels of technical and organisational security measure be applied through contractual arrangements, where possible. Technical and organisational security measures in place will, from time to time, be reviewed in line with legal and technical developments. In the event of a personal data breach or the failure of the measures of protection of such information we will immediately notify you without undue delay.

Security Capabilities and Policy for Transmission of Payment Card Details

atom exchange is fully compliant with PCI DSS Level 2. You can check the information here.

Links

There may be links from our Site to other sites and resources provided by third parties. This Privacy Policy applies only to our Site. Accessing those third-party sites or sources requires you to leave our Site. We do not control those third party sites or any of the content contained therein and you agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services or actions and/or any damages, losses, failures or problems caused by, related to or arising from those sites. We encourage you to review all policies, rules, terms and regulations, including the privacy policies, of each site that you visit.

Retention of Personal Information

Your information is held within our servers located within the European Union. Access to this information is provided to employees of atom exchange whose office may also be outside of the European Union but who adhere to the same principles of data security and processes as those within the European Union. Your payment method information that you may use to effect or receive payments from atom exchange are passed on to a third-party payment processor(s) which is/are based in the EU and with which atom exchange has a contractual agreement to safeguard your rights. Unless you create an account with us and conduct transactions, we do not retain your payment method information. We will hold your Personal Information only for as long as it is necessary for the purposes described in this Privacy Policy and our own legal and regulatory requirements. In accordance with record keeping activities for Anti-Money Laundering, Tax and Company legal obligations, we will retain Accounts and Personal Information for, at least, a period of ten years after a user closes his account with us. Data stored for regulatory purposes only will be protected from unnecessary processing and will be held only for the purpose of being able to provide information or access to relevant authorities.

Disposal of Personal Information

Once we do not have any obligation to providing you with a service you requested, nor an obligation to hold Personal Information for regulatory or legal purpose, we will anonymise or dispose of your Personal Information in line with acceptable industry and security standards so that this cannot be subsequently retrieved and associated to you. Where we cannot directly remove such records, such as in archived backups, we will retain a log of which Personal Information should be removed if ever the backup data is restored.

Marketing

We will ask you for your consent on registration or post-registration, by providing you the ability to check marketing preferences check boxes located within your account profile page to allow us to contact you or use your Personal Information for marketing purposes. You have the right to retract the consent for us to process your Personal Information for marketing purposes. You can exercise your right to prevent such processing by unchecking marketing preferences check boxes on your account profile or by contacting us at any time on support@atomexchange.com

Our Data Protection Officer

Our Data Protection Officer is the person in charge of ensuring our company adheres to this privacy policy. This person is also the main contact for our Data Protection Supervisory Authority, the Information Commissioner’s Office. The Data Protection Officer may be contacted on dpo@atomexchange.com

Data Protection Supervisory Authority

Our Data Protection Supervisory Authority in terms of data protection is the Estonian National Data Protection Authority. You may contact the authority if you wish to discuss with them any instance where you feel we may not be adhering to the terms within this Privacy Policy or to raise a complaint.

Changes

Our Site policies, content, information, promotions, disclosures, disclaimers and features may be revised, modified, updated, and/or supplemented at any time and without prior notice at the sole and absolute discretion of atom exchange. If we change this Privacy Policy, will take steps to notify all users by a notice on our Site and will post the amended Privacy Policy on the Site. If we consider that your rights may be affected by any such changes, we will request you to confirm your consideration and acceptance prior to continue our relationship with you. This current version of the Privacy Policy has last been amended on the 9th July 2019.

Fraud, Phishing and Email scams disclaimer

Please be notified that atom exchange is not in any partnership with entities who represent themselves as customer support agents, providing customer support services via phone and/or social media and promise to help solve your issues for money. Remember - customer support is provided only via the atom exchange website and is always provided free of charge. If you discovered what you believe is a fraud, phishing, or scam which impersonates atom exchange, please email us at webmaster@atomexchange.com

Contact Us

If you have any questions, comments, or concerns not specifically regarding our Privacy Policy and/or practices as it or they relate to the Platform, please contact us at the email address support@atomexchange.com or on our phone number : +3726980335 You may also wish to check our Help Centre on atomexchange.com for frequently asked questions where a solution may easily be found ready for you

These Terms of Use constitute an electronic agreement between you (hereinafter the “User”) and EES Technology OÜ, a company incorporated and acting under the laws of Estonia, with its legal address located at Väike-Paala tn 2 Tallinn Harjumaa, 11415, Estonia (hereinafter “atom exchange”) that applies to the User's use of this website, any and all services, products and content provided by atom exchange. As used herein, “atom exchange” refers to the EES Technology OÜ Company, including but not limited to, its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein. These Terms of Use contain important provisions, which the User must consider carefully when choosing whether to visit the Site and use the services, products and content of atom exchange. Please read these Terms of Use carefully before agreeing to them. The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of atom exchange. These Terms of Use incorporate Privacy Policy as well as any other policies published on the Site by reference, so by accepting these Terms of Use, the User agrees with and accepts all the policies published on the Site IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF atom exchange’S SERVICES, PRODUCTS AND CONTENT.

1. DEFINITIONS

1.1. Capitalized terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below: 1.1.1. Account: means an account registered by the User on the Platform. 1.1.2. Base Currency: means the first symbol in the transaction pair. 1.1.3. Buyer: means the User who submits an Order to buy Cryptocurrencies through the Platform. 1.1.4. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc). 1.1.5. Cryptocurrency: means peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.). 1.1.6. Deposit: means a Transaction involving transfer of Funds to the Account. 1.1.7. Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law. 1.1.8. Funds: means Cryptocurrency, Fiat currency. 1.1.9. Order: means the User’s instruction to buy or sell Cryptocurrency on certain conditions. 1.1.10. Platform: means an environment created by atom exchange that allows to trade Cryptocurrencies. 1.1.11. Rollover fee: means estimated fee that is charged by atom exchange from the User’s balance to rollover a position for the next 4 hours. 1.1.12. Seller: means the User who submits an Order to sell Cryptocurrencies through the Platform. 1.1.13. Services: means all and any service provided by atom exchange. 1.1.14. Site: means atom exchange website at https://atomexchange.com. 1.1.15. Storage: means atom exchange service, which includes storing of balances (in Fiat currency and/or in Cryptocurrency) from the abandoned Accounts, no longer supported cryptocurrencies. 1.1.16. Transaction fee: means a fee which is payable to atom exchange for each completed Transaction. 1.1.17. Transaction Price: means the total price paid by the Buyer in respect to each Transaction performed via the Service. 1.1.18. Transaction: means (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account (“Deposit Transaction”); (ii) transfer of Cryptocurrencies or Fiat currencies among the Users (iii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”). 1.1.19 User: means a person or an entity that uses the Services, agrees to follow the Terms of Use and is a holder of an Account. 1.1.20. Voucher: means an alphanumeric redeemable code, which can be used to transfer Cryptocurrency between Accounts. 1.1.21. Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution. 1.2. Where the context so admits words denoting the singular shall include the plural and vice versa.

2. THE SCOPE OF THE SERVICES

2.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users. 2.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site. 2.3. The User acknowledges and agrees that, when completing Transactions, he/she is dealing with other Users, and that atom exchange acts only as an intermediary in such Transactions, not as the counterparty to any trade.

3. THE USER’S RIGHTS AND RESPONSIBILITIES

3.1. The User has the right to enter and use the Site and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein. 3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or any of the services provided by atom exchange. 3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services. 3.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters. 3.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform atom exchange about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and atom exchange will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities. 3.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf. 3.7. The User undertakes to notify atom exchange immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to support@atomexchange.com. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by atom exchange or any user of the Site. 3.8. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking. 3.9. The User is responsible for any and all damages caused, and all liability actions brought against atom exchange for infringement of any third-party rights or violation of any applicable laws. 3.10. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law. 3.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness. 3.12. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.

4. THE USER’S REPRESENTATIONS AND WARRANTIES

4.1. By registering an Account, the User expressly represents and warrants that he/she:

• follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;
• has accepted these Terms of Use;
• is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving cryptocurrencies.

4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform. 4.3. The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and derived from legal sources. 4.4. The User represents and warrants than he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise atom exchange does not hold any liability for the consequences of such withdrawal. 4.5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws. 4.6. The User understands that his personal data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.

5. atom exchange'S RIGHTS AND RESPONSIBILITIES

5.1. atom exchange has the right to suspend the User’s Account and block all Cryptocurrency, Fiat currency contained therein in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User. 5.2. atom exchange undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms of Use. 5.3. atom exchange’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the atom exchange User, atom exchange responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network. 5.4. To the extent permitted by law, atom exchange is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by atom exchange. 5.5. atom exchange is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our site is unavailable at any given time. 5.6. atom exchange is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions. 5.7. In the case of fraud, atom exchange undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity. 5.8. Nothing in these terms excludes or limits the responsibility of atom exchange for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.

6. atom exchange’S REPRESENTATIONS AND WARRANTIES

6.1. atom exchange shall provide the Services with reasonable care and skill and in accordance with these Terms of Use. 6.2. All buy and sell orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees. 6.3. atom exchange represents and warrants that once the orders to buy or sell Cryptocurrencies match, such orders may not be cancelled or reversed. It holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. All content on this Site is the property of atom exchange and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby. 7.2. The trademarks, trade names, service marks and logos of atom exchange and others used on the Site (hereinafter the “Trademarks”) are the property of atom exchange and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to atom exchange. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties. 7.3. atom exchange supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to support@atomexchange.com

8. THE USER VERIFICATION

8.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. If the User refuses to provide required documents and information under KYC, atom exchange reserves the right to immediately terminate the Services provision to the User. 8.2. The User undertakes to provide atom exchange with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity. 8.3. The User hereby authorises atom exchange to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.

9. ACCOUNT MAINTENANCE

9.1. The Site is for the User’s personal and non-commercial use only. atom exchange is vigilant in maintaining the security of the Site and the Service. By registering with atom exchange, the User agrees to provide atom exchange with current, accurate and complete personal information as prompted by the registration process and to keep such information updated. 9.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended. 9.3. The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access. 9.4. atom exchange reserves the right to recommend amount limits for the Account funding/withdrawal. atom exchange could recommend daily, monthly and per one-transaction amount limits. 9.5. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, atom exchange may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account. 9.6. Creation or use of the Accounts without obtaining a prior express permission from atom exchange will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and atom exchange may decide to take further action against the User. 9.7. In case if it has been more than six (6) month since the User signed in with his/her Account or made the Funds deposit, atom exchange has the right to qualify this Account as abandoned. Abandoned Accounts with zero balances shall be deactivated.

10. TRANSACTION FEE

10.1. The User agrees to pay atom exchange the Transaction fee for each completed Transaction. 10.2. Prior to atom exchange, the User must consider the Transaction fee rates published on the Fee Schedule page. However, atom exchange reserves the right to change the Transaction fee rates from time to time publishing updates on the Fee Schedule page. 10.3. The Transaction fee amount is automatically charged off in the currency indicated after symbol “/” after the relevant Transaction. Thus, for BTC/USD the fee is charged in USD; for ETH/BTC the fee is charged in BTC. 10.4. The minimum transaction fee equals to minimum currency amount. For Fiat currency it equals to 0.01, for Cryptocurrency it depends on the currency. The Transaction fee is charged according to the Rounding policy. 10.5. Minimum and maximum price, as well as minimum and maximum order amount vary for each transaction pair and can be seen on the website when placing an order. 10.6. For specific type of orders, the Transaction fee may differ from those published on the 'Fee Schedule' page. Transaction fee rate shall be disclosed before the order execution. 10.7. The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by atom exchange from time to time and such changes shall become effective the moment they are posted on the Site.

11. ROUNDING POLICY

11.1. For all financial calculations atom exchange uses the rounding policy in the favour of the Platform. atom exchange rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for cryptocurrencies varies depending on cryptocurrency. 11.2. For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, cryptocurrencies, etc.) will not be reflected at the User’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.

12. ILLEGAL TRANSACTIONS

12.1. atom exchange reserves the right to suspend or terminate your atom exchange Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime. 12.2. It is strictly forbidden to use the Account for any illegal purposes. atom exchange will report any suspicious activity to the relevant law enforcement. 12.3. The User shall ensure that they do not use the Services for the transactions relating to:

• money laundering, terrorist financing, proliferation of weapons of mass destruction;
• human trafficking;
• any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
• any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
• archaeological findings;
• drugs, narcotics or hallucinogens;
• weapons of any kind;
• illegal gambling services;
• Ponzi, pyramid or any other “get rich quick” schemes;
• goods that are subject to any trade embargo;
• media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
• body parts or human remains;
• protected animals or protected plants;
• weapons or explosive materials; or
• any other illegal goods, services or transactions.

13. ACCOUNT SECURITY

13.1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account. 13.2. atom exchange personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the atom exchange Site, should be reported to atom exchange. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser). 13.3. It is advisable to change the User’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. atom exchange also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account. 13.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying atom exchange may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident. 13.5. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. atom exchange cannot be liable for the breach of an e-mail account resulting an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her e-mail service provider. 13.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using. 13.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her. 13.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.

14. TERMINATION OF THE TERMS OF USE

14.1. The User may terminate the Terms of Use and close their Account at any time, following settlement of any pending transactions. 14.2. The User also agrees that atom exchange may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the service and the Users' Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another User's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by atom exchange, acting at its sole discretion. 14.3. atom exchange also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that atom exchange will not be liable to them or to any third party for termination of their Account or access to the Site. 14.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide a valid bank account details or cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. atom exchange shall transfer the currencies as soon as possible following the User's request in the time frames specified by atom exchange. 14.5. atom exchange will send the credit balance of the User’s Account to him/her, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. atom exchange will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.

15. SERVICES AVAILABILITY

15.1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied. 15.2. atom exchange will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and atom exchange is not liable for any disruption or loss the User may suffer as a result. Thus, atom exchange does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information. 15.3. atom exchange will use reasonable endeavours to ensure that the User can normally access the Site in accordance with the Terms of Use. atom exchange may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.

16. API, WIDGETS AND MOBILE APPLICATIONS

16.1. API requests are limited to 600 requests per 10 minutes. If this limit is exceeded, it may result to the ban for 10 minutes. For example, if you perform 600 queries in the first minute, the next query is possible only after 9 minutes + 1 second. 16.2 atom exchange may provide widgets for the User’s use to put our data on the User’s Site. The User is free to use widgets in their original unmodified and unaltered state. 16.3. atom exchange may provide mobile applications (“mobile apps”), which can be used to get an access to the Account. The use of these mobile apps is the subject to these Terms of Use.

17. FINANCIAL OR LEGAL ADVICE

atom exchange does not provide any financial, investment or legal advice in connection with the Services provided by atom exchange. atom exchange may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and atom exchange will not be liable for any loss suffered.

18. TAXATION

18.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of atom exchange Services and should be paid according to the User’s state of residence regulations. 18.2. atom exchange is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.

19. NOTICES AND COMMUNICATION

19.1. atom exchange reserves the right to send notices to and communicate with the User by any means of communication available to atom exchange, considering the contact details provided by the User. 19.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use. 19.3. The main official information channel of atom exchange is the atom exchange Blog

20. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of Estonia, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the Estonian Court in Tallinn (main office), as the Court of first instance. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

21. LIMITATION OF LIABILITY

21.1. IN NO EVENT SHALL atom exchange, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT atom exchange IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL atom exchange’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. 21.2. atom exchange will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in clause 10.10. hereof.

22. INDEMNITY

The User agrees to protect, defend, indemnify and hold harmless atom exchange and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by atom exchange directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.

23. MODIFICATIONS AND AMENDMENTS

atom exchange reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that atom exchange shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.

24. FORCE MAJEURE

If atom exchange is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, atom exchange will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

25. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by atom exchange. atom exchange assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, atom exchange does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release atom exchange from any and all liability arising from the User's use of any third-party website. Accordingly, atom exchange encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.

CONTACT US

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account or any other matter, please, contact us at the email address support@atomexchange.com or on our phone number: +37 975 456 789

1. BACKGROUND

atom exchange guarantees to any its User his/her right for refund, in case if such User is not satisfied with the quality of the provided Services. Furthermore, atom exchange declares that its User has the right to change his/her mind in case if the User’s Account was already funded and to request his/her Funds to be returned. Every Refund and Return are treated by atom exchange with reasonable care and skill. NOTE:

• This Refund Policy concerns exclusively Transaction fees and Users’ Funds.
• This Refund Policy does not cover any transactions between the Users related to purchase-sale of crypto-currencies, as well as GHS, and it does not refer to any refunds for purchased crypto-currencies and GHS.
• atom exchange undertakes to make its best efforts to assist the Users in case of any disputes related to refunds of purchased crypto-currencies and GHS.
• Refunds and Returns in excess of the original amount are prohibited.

2. DEFINITIONS

• Banking Day : ( cf. Payment Policy).
• Business Day : means every official working day of the week in the United Kingdom.
• Chargeback : means return of the User’s money by his/her Issuing Bank due to the disputed and/or fraudulent transaction.
• Eligibility Criteria : means the set of requirements that must be met for Refund or Return.
• Funding : ( cf. Payment Policy).
• Return Form : means the atom exchange’s form to be completed by the User, who has requested for his/her Funds to be returned.
• Funds : ( cf. Payment Policy).
• Issuing Bank : means the bank that has issued payment card to the User as Cardholder.
• Refund original amount : means the precise amount of Transaction fee deducted from the amount of certain User’s Transaction.
• Refund Form : means the atom exchange’s form to be completed by the User, who has requested the Refund.
• Refund : means giving back the amount of Transaction fee paid by the User with regard to certain Transaction.
• Return original amount : means the precise amount of the User’s Funds accumulated on his/her Account.
• Return : means giving back the User’s Funds transferred to his/her Account.
• Transaction Charges : means any fee charged by a bank/financial institution upon processing a valid refund request.

All other terms and definitions in this Refund Policy are used in the same meaning as under the Terms of Use.

3. GENERAL CONDITIONS

The User who has paid for the atom exchange Services, i.e. paid a transaction fee, or has funded his account may request a Refund or Return in accordance with the Eligibility Criteria as further set out herein. Refund/Return will only be considered where the User complies with the Eligibility Criteria in full. Where the User fails to meet any of the Eligibility Criteria, atom exchange shall have the right, in its sole discretion, to decline the User’s request for a Refund/Return. In order to apply for a Refund/Return, the User must request and complete a Refund Form/Return Form and send the respective form to the atom exchange support address. You can obtain the Refund/Return Form under request sent to support@atomexchange.com. To prevent Prohibited Conduct, all payments and information related to Refund/Return may be verified by atom exchange. In such case, atom exchange may request the User to provide certain documents, including, but not limited to, identification documents, copy of the User’s Payment Card and Invoice or/and any other prove of the fact that disputed payment was made. In case if the User fails to provide appropriate documents or information within three (3) days upon the atom exchange request or in case of any doubts as to authenticity of provided documents, atom exchange shall be entitled to decline the User’s Refund/Return request. atom exchange shall process the User’s Refund Form/Return Form as soon as is reasonably practicable. Response times will vary depending on stated reasons for the request. In any case, atom exchange shall notify the User on the outcome of the request in accordance with the timescales set out herein. Refund/Return request will only be approved or declined after meticulous verification made by atom exchange. NOTE: Submission of Refund Form/Return Form does not guarantee that the User’s request will be satisfied.

4. REFUND ELIGIBILITY CRITERIA

(i) All requests for Refund will only be accepted where notice is received by atom exchange no later than forty-eight (48) hours after made Transaction. (ii) Notice mentioned in para (i) above should be provided to atom exchange by completing Refund Form. (iii) Completed Refund Form should be sent to the atom exchange electronic address with ' Refund Request’ in the subject line.

5. RETURN ELIGIBILITY CRITERIA

(i) All requests for Refund should be provided to atom exchange by completing Return Form. (ii) Completed Return Form should be sent to the atom exchange electronic address with 'Return Request’ in the subject line. (iii) atom exchange provides the Refund/Return using the same means of payment as the User used to pay, unless the User expressly agrees otherwise.

6. PROCESSING TIMELINE

Within fifteen (15) Business Days as of the date of Refund From/Return Form receipt, atom exchange shall contact the User to request further information (if required) and the User shall provide such information as soon as reasonably practicable but in any case no later than fourteen (14) days following such request. atom exchange shall notify the User by e-mail on its final decision regarding Refund/Return:

• within fifteen (15) Business Days following the receipt of the last requested additional document or information;
• within twenty (20) Business Days following the receipt of Refund Form/Return Form if no further information or document is requested .

Refund/Return will be processed without undue delay, and in any event within fourteen (14) days beginning with the day on which the atom exchange agrees that the User is entitled to a Refund/Return. The User will have no Refund/Return :

• When requested by atom exchange to do so, the User fails to provide atom exchange with information or/and document(s) within the terms set herein.
• If atom exchange suspects that the User has, or is, engaged in, or have in any way been involved in, fraudulent or illegal activity, including Prohibited Conduct.
• There is no ground for Refund/Return.

NOTE: atom exchange reserves the right to lock the User’s Funds while Refund/Return investigation is in process, which means that the Funds could be inaccessible during such investigation.

7. CHARGEBACKS

atom exchange expects the User to contact it using atom exchange contact details to resolve any problem or issue related to his/her payments before the User makes any Chargeback request. This Section does not affect any rights and/or claims, which the User may have against the bank/financial institution. atom exchange will investigate any Chargeback requests made by the User and in response will inform the User’s Issuing Bank whether any Service or Transaction has been cancelled. atom exchange reserves the right to suspend User's account and lock User's Funds during the chargeback investigation procedure.

8. MISCELLANEOUS

Any charges, which arise upon processing Refund/Return, shall be borne solely by the User. Such charges will be deducted from the final amount of Refund/Return. This Refund Policy will be amended from time to time if there is any change in the legislation. Terms and conditions of the Refund Policy are subject to change by atom exchange and in the case of any amendments, atom exchange will make an appropriate announcement. The changes will apply after atom exchange has given notice. In case if the User does not wish to accept the revised Refund and Return Policy, he/she should not continue to use atom exchange Services. If the User continues to use the Services after the date on which the change comes into effect, his/her use of the Services to be bound by the new Refund Policy and Return.

ARTICLE 1 PURPOSE

The purpose of these Regulations is to stipulate standards and procedures for handling any complaints and disputes (hereinafter referred to as the “Complaint(s), Etc.”) that may be filed or brought by customers of atomexchange.com (hereinafter referred to as the “Company”) in regard to any operational tasks performed by the Company for cryptocurrency exchange and also for leveraged cryptocurrency transactions, which are cryptocurrency-based cash settlement transactions, between the Company and such customers (hereinafter collectively referred to as the “Operational Task(s)”).

ARTICLE 2 DEFINITIONS

1. The term “complaint(s)” used herein means expression of dissatisfaction by a customer to the Company in regard to the Company’s service, sales activities, etc. that concern the Operational Tasks. 2. The term “dispute(s)” used herein means the type of complaint that cannot be resolved between the Company and any customer that has raised it.

ARTICLE 3 PROCESSING POLICY

1. When processing any Complaint, Etc., all concerned departments of the Company shall cooperate with each other to clarify any relevant facts and responsibilities and resolve the case in a swift, sincere, fair, and proper manner while respecting the position of the customer that has filed the Complaint, Etc. 2. Any opinions and other input from customers must be reviewed in good faith, so that all such information can be shared internally and used to improve the Company’s business operations. 3. Each director, officer, and employee processing a Complaint, Etc. must properly handle the personal information of each customer being involved in the case so that its personal information can be protected. 4. If any anti-social force should put pressure on the Company under the pretext of some Complaint, Etc., the Company shall deal with such situation without making any concession to the anti-social force by cooperating with police and other concerned authority as needed. 5. If a Complaint, Etc. has been filed by a customer, the Company shall strive to resolve the case by offering proper explanation to the customer from time to time depending on the progress being made on the case and taking any other actions so that the customer can aptly understand the situation and remain satisfied with how the Company handles the case to an extent possible. 6. If the Company is unable to resolve any case of Complaint, Etc. internally or if it is otherwise deemed appropriate to do so, the Company shall refer the customer being involved in the case to any of the external organizations for resolving Complaints, Etc. in order to resolve the case. In this connection, it must be noted that, even when any case that has been referred to an External Organization is being processed there, it does not exempt the Company from its obligation to properly deal with the customer that has filed the Complaint, Etc. 7. The Company shall be responsible for dealing with the External Organizations properly for the purpose of resolving any Complaints, Etc. in a swift manner.

ARTICLE 4 DEPARTMENT RESPONSIBLE FOR HANDLING COMPLAINTS, ETC.

1. Customer Success Department shall be the department responsible for handling any Complaints, Complaint and Dispute Handling Regulations Etc. at the Company. Customer Success Department must prepare proper resources and procedures for receiving Complaints, Etc. from a wide range of customers, actually receive and respond to the complaints that have been filed, and perform any relevant managerial and operational tasks, while remaining attentive to the convenience of the customers. 2. As for any Complaints, Etc. filed in regard to the Company’s Operational Tasks that are outsourced to outside contractors, Customer Success Department shall be the department responsible for handling such Complaints, etc. also and must take actions that are equivalent to those as specified in paragraph 1 above.

ARTICLE 5 DISPUTE RESOLUTION

In case a Complaint is not resolved according to the terms and conditions given above, any Dispute shall be resolved according to legislation of Exchanger and the Courts of Estonia shall have an Exclusive Jurisdiction.

Introduction

ATOM EXCHANGE Anti-Money Laundering and Know Your Customer Policy (hereinafter - the “AML/KYC Policy”) is designated to prevent and mitigate possible risks of ATOM EXCHANGE being involved in any kind of illegal activity. Both international and local regulations require ATOM EXCHANGE to implement effective internal procedures and mechanisms to prevent money laundering, terrorist financing, drug and human trafficking, proliferation of weapons of mass destruction, corruption and bribery and to take action in case of any form of suspicious activity from its Users. AML/KYC Policy covers the following matters:

• Verification procedures.
• Compliance Officer.
• Monitoring Transactions.
• Risk Assessment.

1. Verification procedures

One of the international standards for preventing illegal activity is customer due diligence (“CDD”). According to CDD, ATOM EXCHANGE establishes its own verification procedures within the standards of anti-money laundering and “Know Your Customer” frameworks.

1.1. Identity verification

ATOM EXCHANGE’s identity verification procedure requires the User to provide ATOM EXCHANGE with reliable, independent source documents, data or information (e.g., national ID, international passport, bank statement, utility bill). For such purposes ATOM EXCHANGE reserves the right to collect User’s identification information for the AML/KYC Policy purposes. ATOM EXCHANGE will take steps to confirm the authenticity of documents and information provided by the Users. All legal methods for double-checking identification information will be used and ATOM EXCHANGE reserves the right to investigate certain Users who have been determined to be risky or suspicious. ATOM EXCHANGE reserves the right to verify User’s identity in an on-going basis, especially when their identification information has been changed or their activity seemed to be suspicious (unusual for the particular User). In addition, ATOM EXCHANGE reserves the right to request up-to-date documents from the Users, even though they have passed identity verification in the past. User’s identification information will be collected, stored, shared and protected strictly in accordance with the ATOM EXCHANGE’s Privacy Policy and related regulations. Once the User’s identity has been verified, ATOM EXCHANGE is able to remove itself from potential legal liability in a situation where its Services are used to conduct illegal activity.

1.2. Card verification

The Users who are intended to use payment cards in connection with the ATOM EXCHANGE’s Services have to pass card verification in accordance with instructions available on the ATOM EXCHANGE’s Site.

2. Compliance Officer

The Compliance Officer is the person, duly authorized by ATOM EXCHANGE, whose duty is to ensure the effective implementation and enforcement of the AML/KYC Policy. It is the Compliance Officer’s responsibility to supervise all aspects of ATOM EXCHANGE’s anti-money laundering and counter-terrorist financing, including but not limited to: a. Collecting Users’ identification information. b. Establishing and updating internal policies and procedures for the completion, review, submission and retention of all reports and records required under the applicable laws and regulations. c. Monitoring transactions and investigating any significant deviations from normal activity. d. Implementing a records management system for appropriate storage and retrieval of documents, files, forms and logs. e. Updating risk assessment regularly. f. Providing law enforcement with information as required under the applicable laws and regulations. The Compliance Officer is entitled to interact with law enforcement, which are involved in prevention of money laundering, terrorist financing and other illegal activity.

3. Monitoring Transactions

The Users are known not only by verifying their identity (who they are) but, more importantly, by analyzing their transactional patterns (what they do). Therefore, ATOM EXCHANGE relies on data analysis as a risk-assessment and suspicion detection tool. ATOM EXCHANGE performs a variety of compliance-related tasks, including capturing data, filtering, record-keeping, investigation management, and reporting. System functionalities include: 1) Daily check of Users against recognized “black lists” (e.g. OFAC), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable; 2) Case and document management. With regard to the AML/KYC Policy, ATOM EXCHANGE will monitor all transactions and it reserves the right to:

• ensure that transactions of suspicious nature are reported to the proper law enforcement through the Compliance Officer;
• request the User to provide any additional information and documents in case of suspicious transactions;
• suspend or terminate User’s Account when ATOM EXCHANGE has reasonably suspicion that such User engaged in illegal activity.

The above list is not exhaustive and the Compliance Officer will monitor Users’ transactions on a day-to-day basis in order to define whether such transactions are to be reported and treated as suspicious or are to be treated as bona fide.

4. Risk Assessment

ATOM EXCHANGE, in line with the international requirements, has adopted a risk-based approach to combating money laundering and terrorist financing. By adopting a risk-based approach, ATOM EXCHANGE is able to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate to the identified risks. This will allow resources to be allocated in the most efficient ways. The principle is that resources should be directed in accordance with priorities so that the greatest risks receive the highest attention. Timely reaction to “Red Flags” and other signs of suspicious customer behavior. All non-trading financial transactions are tested for money laundering for all stages of cash flow in money laundering:

Accommodation.

At this stage, funds are converted to other financial instruments such as checks, bank accounts, money transfers, or they can be used to purchase expensive goods that can be resold. They can also be invested in banks. and non-banking institutions (for example, currency exchange offices). To avoid suspicion from parties to the company, the money launderer may spend several investments instead of order to invest the entire amount at once. This form of placement is called “stumping” or "spray".

Splitting up.

Funds are transferred or transferred to other accounts and other financial instruments. This is done in order to hide the origin and prevent identification a person who has carried out several financial transactions. Moving and reshaping cash complicates the process of tracking laundered money.

Integration.

The funds are returned to circulation as legally received for the purchase of goods and services. After evaluating these risks, each risk category is evaluated on a three-point scale:

Low risk

There are no risk factors in each category, customer operations are transparent and do not have deviations from normal operations; sensible person doing business in appropriate areas. Thus, there is no reason to suspect that risk factors in general may lead to to the threat of money laundering or terrorist financing

Medium risk

One risk factor or several risk factors in categories that differ from normal operations of a person who does business in the relevant field, but operations are still transparent. Thus, there is no reason to suspect that risk factors can generally cause a threat money laundering or terrorist financing

High risk

One feature or several traits in categories that generally undermine transparency of the face and its operations, as a result of which these faces differ from the face working in the relevant field. Thus, the risk of money laundering or terrorist financing The company reserves the right to collect additional customer identification data. for AML / KYC policy. The data and documents used to identify the client by the Company will be collected, be stored, shared and protected strictly in accordance with the provisions of the Law on Counteracting legalization (laundering) of criminally obtained incomes and the financing of terrorism in accordance with the Company's internal privacy policy and applicable governing to the principles.

5. Data Protection Officer.

Our Data Protection Officer is the person in charge of ensuring our company adheres to this privacy policy. This person is also the main contact for our Data Protection Supervisory Authority, the Information Commissioner’s Office. The Data Protection Officer may be contacted on dpo@atomexchange.com
Data Protection Supervisory Authority
Our Data Protection Supervisory Authority in terms of data protection is the Estonian National Data Protection Authority. You may contact the authority at dpo@atomexchange.com if you wish to discuss with them any instance where you feel we may not be adhering to the terms within this Privacy Policy or to raise a complaint.