Terms and Conditions

This site is owned and operated by B4C Markets B.V. (“B4C Markets”). Access to and use of the Hyphe website is subject to the following terms and conditions. The terms and conditions consist of our terms of use, privacy statement, cookie notice and legal disclaimer.

  • Terms and Conditions
  • Privacy Statement
  • Cookie notice
  • Legal Disclaimer

Terms and Conditions

Agreement to terms of use

These Terms and Conditions of Use (the "Terms of Use") apply to access to and use of the B4C Markets B.V. (“B4C Markets”) website located at www.hyphe.com (the “Hyphe Website”). Hyphe is a registered trademark of B4C Markets. B4C Markets’ services are subject to a separate agreement.

You understand and agree to accept these Terms of Use without any limitation or qualification by browsing this site. Please revisit these Terms of Use regularly, as we update them from time to time. Your continued use of the Hyphe Website following the updates means that you accept and agree to the updated Terms of Use. You may not access or use our website unless you agree to abide by the Terms of Use.

Users

The Hyphe Website is intended to be accessed and used by financial institutions, professional brokers and investment firms within the Single Euro Payments Area (“SEPA”) for obtaining information regarding the trading of digital currencies. The Hyphe Website is not designed for access and use by consumers or companies from outside the SEPA.

Ownership of eights

All rights in this Hyphe Website, including but not limited to intellectual property rights, are owned by or licensed to B4C Markets. Any use of this Hyphe Website or its contents, including copying, modifying, or storing it in whole or part, other than for your own personal, non-commercial use, is prohibited unless you obtain specific written permission from B4C Markets.

Your use of the Hyphe website

You agree that:

  • You shall not disguise the origin of information transmitted through the Hyphe Website;
  • You may not frame or utilise framing techniques or deeplinks to enclose any portion or aspect of the Hyphe Website, without the express written consent of B4C Markets;
  • You may not use the Hyphe Website or any content thereof for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of B4C Markets or others.

Other terms and conditions

Additional terms and conditions apply to the purchases of services of B4C Markets (offered through the Hyphe Website). If there is a conflict between these Terms of Use and the terms and conditions for or applicable to any service offered on or through the Hyphe Website, the latter terms shall control with respect to your use of that specific service.

Privacy

B4C Markets’ Privacy Statement applies to use of this Hyphe Website, and its terms are made a part of these Terms of Use by this reference. To view B4C Markets’ Privacy Statement, click here.

Content accuracy

While B4C Markets has taken deep care to ensure all information is correct, contents are provided to you “as is”. The material on this website may, on rare occasions, be incorrect or out of date. B4C Markets does not provide nor not assume any representation or expressed or implied warranty of any kind. B4C Markets may make changes or updates to the material on the Hyphe Website at any time and without notice.

Links to and from other websites

Links to third party websites located on the Hyphe Website are provided for your convenience only. B4C Markets has not reviewed each third party website and takes no responsibility for such third party websites or content. B4C Markets does not endorse third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Hyphe Website, it is at your own risk. You will need to make your own independent judgment regarding your interaction with these third party websites.

Disclaimers

You acknowledge that the value of digital currencies can fluctuate strongly. No warranty or guarantee whatsoever is or will be provided for the value of digital currencies over time. Due to such price fluctuations, the value of your assets may increase or decrease at any given moment. Any currency - virtual or real - may be subject to significant variations in value and may even become worthless. There is no central bank that can take protective or corrective measures to protect the value of digital currencies during a crisis.

There may be additional risks that B4C Markets has not foreseen or has not yet identified. You should always carefully assess whether your financial situation and tolerance for risk allow for buying or selling digital currencies.

B4C Markets does not provide any investment advice or financial advice in connection with the services we offer. B4C Markets may provide information on the price, range and volatility of digital currencies and events that have affected the price of digital currencies. However, such information cannot be regarded as investment advice and should not be interpreted as such. Any decision to purchase or sell digital currencies is your own decision, and B4C Markets cannot be held liable for any loss or damage suffered.

The mere fact of B4C Markets including or excluding specific digital currencies to or from its website can neither be regarded nor interpreted as an indication or advice to either buy or sell such digital currencies.

Any prices displayed on the Hyphe Website are for informational purposes only.

The above disclaimer also applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

B4C Markets reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Hyphe Website, or any portion of the Hyphe Website, for any reason; (2) to modify or change the Hyphe Website, or any portion of it, and any applicable policies or terms; and (3) to interrupt the operation of the Hyphe Website, or any portion of it, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of liability

Except where prohibited by law, in no event will B4C Markets be liable to you for any damages or losses caused by it in connection with the Hyphe Website or arising out of your access or use or inability to access or use the Hyphe Website, unless such damages and/or costs have been caused due to wilful intent (opzet), deliberate recklessness (bewuste roekeloosheid) or gross negligence (grove schuld) on the part of B4C Markets, its employees and/or third parties engaged by it.

Governing law; Dispute resolution

These Conditions are governed by and construed in accordance with the laws of the Netherlands, with the exclusion of its conflicts of law rules. Applicability of the United Nations Convention on the International Sale of Goods (CISG, 1980) is explicitly excluded.

The competent courts of Amsterdam (the Netherlands) shall have jurisdiction to the exclusion of any other court for all disputes and disagreements arising out or in connection with any of these Conditions or an Order, including disputes regarding the existence and validity thereof.

Miscellaneous

If B4C Markets does not invoke these Terms of Use towards you, this does not entail a waiver of any right B4C Markets may have.

Your right to in whole or in part dissolve (ontbinden), annul (vernietigen) or rescind (aantasten) or otherwise terminate these Terms of Use, or to request the court to amend the consequences of the Terms of Use as referred to in section 6:230 (2) of the Dutch Civil Code is excluded.

The invalidity, nullification or unenforceability of one or more of the provisions of these Terms of Use does not affect the validity of the other provisions. B4C Markets and you will, in spirit of these Terms of Use, and in good faith consultation, replace the invalid or non-binding provision with another provision that is valid and binding, and whose legal consequences approach as closely as possible those of the invalid or non-binding provision.

These Terms of Use and your respective rights and obligations hereunder may not be assigned, pledged, transferred or sold by you without the prior written approval of B4C Markets. This provision excludes transferability (sluit overdraagbaarheid uit) within the meaning of article 3:83 (2) DCC (BW).

The headings of these Terms of Use are for convenience only and shall not affect the interpretation of any provision of the Conditions.

Privacy Statement

Your privacy matters to us. In this B4C Markets Website Privacy Notice we explain how B4C Markets B.V. (“B4C Markets”) collects, uses and processes your personal data collected through our website www.hyphe.com, and our interactions with you via this website

We may change this B4C Markets Website Privacy Notice from time to time. At all times, we will publish the up-to-date version on our website, together with a summary of key changes. For this reason, we suggest that you review this B4C Markets Website Privacy Notice on a regular basis. If we make any important changes to this B4C Markets Website Privacy Notice (e.g. with regard to the personal data we collect, how we use it or why we use it), we will notify you.

1. Who is the data controller?

B4C Markets is the controller of the personal data processed on our website.

If you have any questions or complaints in relation to the use of your personal data or if you would like to receive more information about how B4C Markets processes your personal data, please contact us via compliance@hyphe.com.

2. What types of personal data do we collect?

Via our website, we collect, store, and use the following personal data about you.

Personal data relating to you as a website visitor

  • Contact request form data, such as your name, telephone number, business email address and company;
  • Research data from public sources, such as your name, telephone number, business email address and company;
  • Fraud prevention data, such as your government-issued ID, proof of address and a photo.

Personal data relating to your use of our website

  • Personalised data, such as your search terms used to reach our website via external search engines, search terms used in the search engine on the website itself and links used to reach our website (referrers);
  • Equipment data, such as your equipment type and brand, IP address, browser and operating system;
  • Web analytics data, such as details of your visits to our website, the resources that you access, traffic data, geographic data, weblogs, contact preferences, online identifiers (such as IP address) and hardware attributes.

Personal data relating to your use of our communications functionality

  • Communication and contact data, such as the information included in the contact request form and email communication with you, such as your name, telephone number, business email address and company.

3. How do we obtain your personal data?

Your personal data is (i) provided by you and (ii) created by us in the course of your usage of our website, (iiI) obtained by us from public sources (e.g. company websites, LinkedIn etc.).

4. Why do we process your personal data and what is the applicable legal basis for our data processing?

Please find below an overview of each of the purposes for which we process your personal data as set out in paragraph 2 and the legal basis relied upon:

  • Maintenance of a business relations database;
    Legal Basis: necessary for the purpose of our legitimate interest, namely to adequately manage our business relations.
  • Maintenance of a customer database;
    Legal Basis: Necessary for the purpose of our legitimate interest, namely to maintain an adequate business administration.
  • Answer to contact requests;
    Legal Basis: Necessary for the purpose of our legitimate interest, namely to reply to your contact requests.
  • Strategic marketing research;
    Legal Basis: Necessary for the purpose of our legitimate interest, namely to improve our products and services.
  • Compliance with anti-fraud legislation;
    Legal Basis: Necessary to comply with a legal obligation, namely with applicable anti-fraud legislation.
  • Sending and analysing direct marketing communications by B4C Markets (Hyphe), including newsletters, surveys and new website features;
    Legal Basis: Consent based on e-Privacy regulations.
  • Maintaining and ensuring a secured online environment on our mobile application and website;
    Legal Basis: Necessary for the purpose of our legitimate interest, namely to maintain a secure online environment on our website.
  • Creating analytical reports for improvement of our website;
    Legal Basis: Necessary for the purpose of our legitimate interest, namely to maintain and improve our website’s performance.

5. Who do we share the personal data with?

To the extent applicable, we will disclose or share your personal data to / with the following third party:

  • Google LLC;
    Purpose: Google Analytics.
  • Google LLC;
    Purpose: Google Tag Manager.
  • LinkedIn Ireland Unlimited;
    Purpose: LinkedIn Insight Tag.
  • Facebook Ireland Limited;
    Purpose: Facebook Pixel.
  • Vimeo.com Inc.;
    Purpose: Video hosting
  • Hotjar Limited;
    Purpose: Site behaviour analysis
  • De Nederlandsche Bank N.V.;
    Purpose: Regulatory supervision
  • Public Prosecutor’s Office;
    Purpose: To comply with a legal obligation and to detect and prevent money laundering.

Further, we may disclose or share your personal data if:

  • we sell our company or part thereof (including separate assets), or if we merge with another company. In such event, we may share your personal data with the new owner or merging party respectively, but only to the extent necessary for the purpose for which your personal data are processed;
  • we are subject to insolvency proceedings, as part of the sale of our assets by a liquidator (or similar); or
  • we are legally obliged to do so. In such an event we shall share your personal data with the relevant supervisory authority, investigative authority or other governmental body.

6. Third party sites

Our website may contain links to websites operated by third parties. This B4C Markets Website Privacy Notice does not apply to these third party websites or services. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms and conditions and that we do not accept any responsibility or liability for their policies. Links should be clicked at your own risk, and it is your sole responsibility to review the applicable privacy policy and terms and conditions of any third party website accessed.

7. What about cookies?

To enable our systems to recognise your browser or device and to provide and improve our website, we use cookies and other identifiers. For more information about cookies and how we use them, please read B4C Markets Cookie Notice.

8. How long do we retain your personal data?

We do not process your personal data any longer than necessary for the processing purpose. In this context, we keep your personal data two years after the relationship with you as a client has been terminated or two years after receipt of your contact request if no further customer relationship is established. If we are subject to a statutory retention period, we will retain your personal data for the period specified by the law.

Notwithstanding the above, we may retain your personal data for the establishment, exercise or defence of legal claims. Likewise, we may retain your personal data in order to make it available to regulatory authorities, law enforcement, the public prosecutor, the courts and public administrations for the period specified by the law.

In some circumstances, we may anonymise your personal data so that it can no longer be associated with you, in which case we may use such personal data without further notice to you.

9. Where do we store your personal data?

Your personal data is stored in the European Economic Area (EEA).

In case of transfers of personal data to countries outside the EEA, we ensure appropriate safeguards are in place to guarantee the continued protection of your personal data, particularly by signing the Standard Contractual Clauses of the European Commission (article 46(2)(c) GDPR). For more information on these Standard Contractual Clauses, please see here.

10. What are your rights?

You have the right to access your personal data, the right to have your personal data rectified or erased, the right to restriction of the processing, the right to data portability and the right to object to the processing. Most of these rights are not absolute and are subject to exemptions in the law.

Below we set out your rights in more detail and give information on how you can exercise these. We will respond to your exercise of right request within one month, but have the right to extend this period to two months. If we extend the response period, we will let you know within one month from your request.

  • Access: you are entitled to ask us if we are processing your personal data and, if we are, you can request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. If your request is clearly unfounded or excessive we reserve the right to charge a reasonable fee or refuse to comply in such circumstances;
  • Correction: you are entitled to request that any incomplete or inaccurate personal data we hold about you is corrected;
  • Erasure: you are entitled to ask us to delete or remove personal data in certain circumstances. There are certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with legal claims;
  • Restriction: you are entitled to ask us to suspend the processing of certain of your personal data about you, for example if you want us to establish its accuracy or the reason for processing it;
  • Data portability: you may request the transfer of a copy of certain of your personal data to you or another party (if technically feasible). You have the right to ask that we provide your personal data in an easily readable format to another company;
  • Objection: where we are processing your personal data based on our legitimate interest, you may object to processing on this ground. However, applicable laws may allow us to continue processing your personal data based on our legitimate interests.

Where you have provided your consent to the processing of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. The withdrawal of your consent does not affect the lawfulness of the processing based on your consent before its withdrawal.

If you want to exercise any of these rights, or withdraw your consent, please contact us at compliance@hyphe.com.

11. How can you lodge a complaint with a supervisory authority?

If you have any complaint about the way we process your personal data, you may lodge a complaint with a supervisory authority in the country of your residence, where you work or where an alleged infringement of the applicable data protection law took place. A list of EU supervisory authorities and their contact details is available here.

Last updated: October 14th 2021