Terms and Conditions
- Terms and Conditions
- Privacy Statement
- Cookie notice
- Legal Disclaimer
Terms and Conditions
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;
Other terms and conditions
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 The material on this website may, on rare occasions, be incorrect or out of date.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.
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.
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, Johan Huizingalaan 763a, 1066 VH Amsterdam, 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 [email protected].
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.
Personal data relating to applications that you send us
- General personal data (name, address, contact details, etc.);
- Information on your professional qualifications and school education;
- Further professional training;
- Your employment history;
- For specific positions, we might ask for a certificate of good conduct;
- Other data that you provide to us in connection with your application.
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.) or through recruiting companies.
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.
- Fulfillment of legal obligations (Art. 6 para. 1 lit. c DSGVO)
Legal Basis: Necessary to comply with a legal obligation, e.g. 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.
- Establishment of an employment relationship;
Legal basis: for purposes of a potential employment relationship, Art. 88 GDPR (in conjunction with Section 26 BDSG for applicants in Germany);
If an employment relationship arises between you and us, we may, in accordance with Art. 88 DSGVO (in conjunction with Section 26 BDSG), further process the personal data already received from you for the purposes of the employment relationship, insofar as this is necessary for the implementation or termination of the employment relationship or for the exercise or fulfillment of the rights and obligations of the employee representation resulting from a law or a collective agreement, a company or service agreement (collective agreement);
- Legal claims (Art. 6 Para. 1 lit. f GDPR);
We may process personal data from you if this is necessary for the or for the defense or assertion of legal claims. The legitimate interest is, for example, a duty of proof in proceedings under the German General Equal Treatment Act (AGG);
- Express Consent (Art. 6 (1) lit. a GDPR);
If you give us express consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent pursuant to Art. 6 (1) lit. a GDPR. Consent given can be revoked at any time with effect for the future (see section 9 of this data protection information).
5. Who do we share the personal data with?
To the extent applicable, we will disclose or share your personal data to / with Your personal data may be processed on our behalf on the basis of order processing contracts pursuant to Art. 28 GDPR. In these cases, we ensure that the processing of personal data is carried out in accordance with the provisions of the GDPR. The categories of recipients in this case are providers of internet service providers as well as providers of personnel services including but not limited to the following third parties:
- Hyphe Markets GmbH;
Purpose: We may transfer your personal data to our affiliated company to the extent that this is permissible within the scope of the purposes and legal bases set out in this data protection information sheet.
- Google LLC;
Purpose: Google Analytics.
- Google LLC;
Purpose: Google Tag Manager.
- Google LLC;
Purpose: Storing data in our internal fileshare on Google Drive.
- Google LLC;
Purpose: Communication via e-mail.
- 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
- Bundesanstalt für Finanzdienstleistungsaufsicht;
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
7. What about cookies?
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 [email protected].
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: June 10th 2022
Hyphe™ is a registered trademark of B4C Markets BV. B4C Markets BV is regulated by the Dutch Central Bank (DNB) as a cryptocurrency service provider with registration number: R179444. DNB supervises B4C Markets’ compliance with the Dutch Prevention of Money Laundering and Financing of Terrorism Act and the Sanctions Act 1977. B4C Markets is not subject to prudential supervision or conduct supervision. This means that there are no financial requirements, that business risks are not monitored, and there is no consumer protection.