Partner Program - Terms and Conditions

§1 Definitions

  1. Organizer - owner of the www.bitcan.pl website - BITCAN Sp. z o.o. with its registered office in Poznań at ul. Swoboda 11, 60-389 Poznań, NIP: 6292495068, REGON: 384619443, entered in the Register of Entrepreneurs maintained by the District Court of Poznań — Nowe Miasto w Poznań, VIII Economic Division of the National Court Register under KRS 00808472.
  2. Partner - a natural person, legal person, or other unincorporated organizational entity to whom the act awards the legal capacity, who has full legal capacity, who meets the terms of these Terms and Conditions, and intends to publish Reference Link received from the Organizer under the Partner Program on their Internet website
  3. User - any person using the Internet who will register on the www.bitcan.pl website after being redirected through the Reference Link provided by the Partner (i.e. which they clicked) and will complete a transaction correctly in accordance with the provisions of these Terms and Conditions
  4. Second Degree User - any person using the Internet who will register on the www.bitcan.pl website after being redirected through the Reference Link provided by the Partner (i.e. which they clicked) and will complete a transaction correctly in accordance with the provisions of these Terms and Conditions and joins the Partner Program
  5. Third Degree User - any person using the Internet who will register on the www.bitcan.pl website after being redirected through the Reference Link provided by a Second Degree User (i.e. which they clicked) and will complete a transaction correctly in accordance with the provisions of these Terms and Conditions and joins the Partner Program
  6. Bitcan.pl - a service available at www.bitcan.pl enabling Users as well as Second- and Third-tier Users to join the Partner Program and receive access to the Organizer's Reference Link
  7. Partner Program - a program under which the Partner undertakes to publish a Reference Link received from the Organizer on their websites in accordance with these Terms and Conditions
  8. Account - part of the virtual space of the Bitcan.pl System for exclusive use by the Partner
  9. Reference Link - all kinds of programs or tools made available to the Partner by the Organizer to enable the Partner to carry out rights and obligations arising from the Partner Programme
  10. Terms and Conditions - these Terms and Conditions

§ 2 General provisions

  1. The Terms and Conditions lay down the principles of cooperation between the Organizer and the Partner and in particular the rules for the use of the Bitcan.pl System, the rights and obligations of the parties or the payment terms within the framework of the Partner's joining the Partner Program.
  2. In case of a Partner who is a natural person not engaged in business activity, the Partner Program may be used only and exclusively by a Partner who is at least 18 years old.
  3. A required condition for joining the Partner Programme is for the Partner to establish an Account and agree to the provisions of these Terms and Conditions by accepting it.
  4. Any property rights, copyright, or intellectual property rights, in particular the rights to the name, of the Internet domain used under the Partner Programme belong to the Organizer and the use of them may occur only in a manner specified and in accordance with the Terms and Conditions.
  5. A Partner, in order to use the Bitcan.pl System, must meet the following minimum technical requirements such as: • a) have a device that allows access to the Internet, equipped with an efficient operating system, such as Android, IOS, Linux, or Windows, with the up to date version of the web browser installed - that provides access to Internet resources such as Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome or other compatible browser and also, • have an active email account

§ 3 Creation of Account, Partner verification

  1. Joining the Partner Program requires the creation of an Account.
  2. Registration in the Bitcan.pl System is free and voluntary.
  3. The agreement between the Organizer and the Partner shall be concluded at the time of registration of the Account, following prior verification of the Publisher by the Organizer and the Partner's acceptance of the provisions of these Terms and Conditions.
  4. The agreement between the parties shall be concluded for an indefinite period.
  5. Only a person who has an Account on www.bitcan.pl can become a Partner. The process of registration of the user is accurately described in the Terms and Conditions of www.bitcan.pl, which is available here.
  6. A Partne who operated a business in order to register and create an Account must provide the following data in the registration form: • first and last name, • email address • phone number • company name • company registered address • NIP • REGON • real beneficiaries • KRS (in the case of commercial companies)
  7. In the event of registration of a Partner who is a business entity, the Organizer shall verify the data provided by the Partner in accordance with the point 11 of this paragraph.
  8. The Partner shall be fully responsible for the correct and factually consistent supplementing of the data referred to in point 5 or point. 6. At the same time, the Partner declares that the data provided by them during the registration process is true and up-to-date.
  9. If the data referred to in point 5 or 6 is changed the Partner is obliged to update such data immediately in the Bitcan.pl System
  10. When registering an Account, the Partner creates an access password. The Partner shall not disclose the access data to his Account to any third party.
  11. Receiving the Partner status despite fulfilling the obligations referred to above occurs only after the Partner's verification by the Organizer, i.e. no later than 3 working days from the time the Partner has completed and submitted the registration form. For verification, the Organizer reserves the right to contact the Partner by telephone or by email.
  12. After the Partner verification by the Organizer, an activation link to the Account will appear in the Bitcan.pl System. Activation of the aforementioned link completes the registration process in the Bitcan.pl System. Lack of receipt of the activation link in the Bitcan.pl System within the time limit referred to in the point 11 is tantamount to the party's refusal to grant the Partner status.
  13. A Partner can only have one Account in the Bitcan.pl System.

§ 4 Termination of the agreement

  1. Partner is entitled to delete the Bitcan.pl System Account at any time. Upon removal of the Account, the Partner loses the right to remuneration for the Services provided under the Partner Programme, which will occur after the date of the Account's removal.
  2. Upon removal of the Bitcan.pl System Account, the agreement between the parties is immediately terminated. At the same time, the Partner loses the right to continue the Services under the Partner Program. Violation of the above obligation will result in the Partner being liable for it.
  3. The Organizer shall be entitled to delete the Partner Account where: • The publisher violates the provisions of these Terms and Conditions • Partner's action is unlawful • there is reasonable doubt as to the truthfulness of the data provided by the Partner at the time of registration • Partner's website and all its marketing communications, in particular social media, are used to disseminate harmful elements of the network, in particular viruses, or other unlawful content.

§ 5 Subject of the agreement

  1. After registering in the Bitcan.pl System, Partner will receive a special reference link for advertising the website and services of the Organizer, which the Partner will be able to post on his website.
  2. Before the first use of the link, the Partner is obliged to obtain recommendations from the Organizer as to how to publish the Reference Link on the Partner's websites.
  3. The rules for the use of the Reference Link may change at any time or even be withheld by the Organizer, which the Partner hereby accepts and declares that he will not claim any compensation for that from the Organizer. The Partner will be informed by the Organizer of the planned modifications or withholding the publication through a separate message.

§ 6 Payment

  1. The Partner will receive payment for the publication of the Reference Link on its website.
  2. The Partner's remuneration will be paid to the Partner when two conditions are met together, i.e.: • The user will register with the Organizer's website i.e. on the www.bitcan.pl website as a result of being redirected through a Reference Link provided by the Partner on their website under the Partner Programme and • such a User makes a transaction on the Organizer's website i.e. www.bitcan.pl
  3. The Transaction referred to in point 2 must be properly paid for by the User and the funds paid by him within a specific Transaction cannot be blocked, seized, or secured by the justice authorities, in particular under the provisions of the Act of 1 March 2018 on Money Laundering and Financing of Terrorism Prevention.
  4. Failure to comply with the conditions specified in point 2 and in point 3 prevents the Partner from being paid, which the Partner hereby accepts.
  5. If the conditions referred to in point 2 are met meaning the User's registration and conclusion of an effective transaction in accordance with the conditions set out in point 3, the Partner is entitled to obtain remuneration under the Partner Program.
  6. The remuneration under the Partner Programme shall be as follows: a. Level I - if you register at www.bitcan.pl and make a valid transaction, the Partner will receive 10% of the commission the Organizer collects each time on the transaction carried out for services provided on www.bitcan.pl; the remuneration in question includes a commission less the costs charged by the payment intermediary, b. Level II - in the event that the User who registered with www.bitcan.pl has made a valid transaction and has also finally entered into this Partner Programme and has entered into an agreement with the Organizer in accordance with the provisions of these Terms and Conditions, the Partner will receive 3% of the commission the Promoter collects each time on the transaction carried out for services provided on www.bitcan.pl; the remuneration in question includes a commission less the costs charged by the payment intermediary; the remuneration under Level II shall be paid to the Partner for transactions made by Second-Degree Users C. Level III - if the Second Degree User who registered with www.bitcan.pl has made a valid transaction and has also finally entered into this Partner Programme and has entered into an agreement with the Organizer following the provisions of these Terms and Conditions, the Partner will receive 1% of the commission the Promoter collects each time on the transaction carried out for services provided on www.bitcan.pl; the remuneration in question includes a commission less the costs charged by the payment intermediary; the remuneration under Level III shall be paid to the Partner for transactions made by Third-Degree Users
  7. The Parties determine that the remuneration will be paid to the Partner in virtual currency i.e. BTC Cryptocurrency to the Partner's wallet operated as part of the www.bitcan.pl website.
  8. The remuneration within the agreement concluded between the parties under the Partnership Programme after fulfilment of the necessary conditions by the User and the Second and Third Degree User will be billed at least once a day.
  9. The remuneration will not be paid to the Partner in case the registration and transaction on www.bitcan.pl has not been made through a redirection through the Reference Link provided by the Partner on their website.
  10. The Partner declares that he is knowledgeable in terms of legal provisions concerning the taxation of remuneration obtained under the agreement concluded between the parties.

§7 Rights and obligations

  1. The Organizer shall be entitled to continuously monitor the Partner's website used for the publication of the Reference Link, as well as to control the activities of Users as well as Second- and Third-Degree Users generated through the Reference Link, in particular as regards compliance with the Terms and Conditions or the manner of presentation of the Reference Link.
  2. Analysis of the actions referred to in point 1 will also form the basis for payment of the Partner's remuneration in accordance with Section 6 of these Terms and Conditions.
  3. The Partner under the agreement concluded between the parties undertakes that his website on which the Reference Link will be published will not contain, in particular, unlawful content, content contrary to good customs or principles of social intercourse and content infringing on the personal goods of third parties. The Partner undertakes not to post on its website, on which the Reference Link will be publishe, images or content which are in any way obscene, pornographic, threatening, abusive, unlawful, hateful, harmful, harassing, racist, discriminatory or in any way infringing the copyright or other intellectual property rights of third parties,
  4. The Partner undertakes not to generate artificial traffic or send unsolicited commercial information.
  5. The Partner undertakes not to take any action that is intended to directly contribute to an unfair increase in the Partner's remuneration.
  6. The Partner commits not to run aggressive advertising campaigns.
  7. The Partner undertakes not to modify the Reference Link obtained from the Organizer under the agreement entered into under the Partner Program.
  8. The Partner's accession to the Partner Program does not authorize the Partner to claim that he is cooperating with the Organizer. The Partner is thus not entitled to make statements of will or knowledge on behalf of the Organizer.
  9. The Partner declares that he is knowledgeable that the Promoter does not provide investment advice.
  10. The Partner declares that he is entitled to manage the website on which the Organizer's Reference Link will be placed. In addition, the Partner declares that the website on which the Reference Link will be published does not infringe any rights of third parties, especially intellectual property rights.
  11. The Organizer shall make available to the Partner, each time, statistics on effective transactions of Users and Second and Third Degree Users which are the basis for the payment of remuneration. The Partner will receive from the Organizer a list of persons who have met the requirements defined in these Terms and Conditions by using and redirecting from the Reference Link posted by the Partner on his website. The above list will include anonymized email addresses of the aforementioned individuals. In addition, the Partner will receive information about the amount of commission resulting from the transaction of a given User or a Second/Third Degree User.
  12. The Organizer shall be entitled to claim damages from the Partner in the event of an infringement of the Personal Goods of the Organizer or if the Organizer incurs any damage resulting from the Partner's action.
  13. The Partner is obliged to exempt the Organizer from liability to any third party, as well as to repair any damage the Organizer incurs in the event of any claim by third parties in connection with the Partner's action in accordance with the provisions of these Terms and Conditions, good customs or provisions of the law.

§ 8 Liability

  1. Responsibility for the publication of the Reference Link on the website shall be borne by the Partner.
  2. The Organizer does not guarantee that the Partner obtains a specific amount of remuneration within the Partner Program. The Organizer shall not provide any assurances as to the effects of the publication of the Reference Link and the expected results.
  3. The Organizer shall not be liable for the Partner's use of the Bitcan.pl System in a manner that is incompatible with its intended purpose or not in accordance with applicable law.
  4. The Organizer shall not be liable for the actions of the Partner or third party which do not lead to an effective redirection to the Organizer's website, in particular due to technical problems or defects of the Partner's website or for modifications, amendments or withholding of publication of the Reference link.

§ 9 Copyright

  1. The Organizer or entities with whom the Promoter has concluded the relevant agreements have exclusive rights to any content on the Bitcan.pl System, in particular to photos, descriptions, signs and graphic elements, software and other works found on the website of the Bitcan.pl System. The use of the content referred to in this paragraph requires explicit and prior consent granted only in writing by an authorised entity.
  2. As part of the Partner Program, the Partner is only entitled to use the Reference Link provided to the Partner individually, in particular to a special link.

§ 10 Claims

  1. The Partner may submit complaints about the Bitcan.pl System described in the Terms and Conditions.
  2. The claim may be submitted electronically to [email protected] or by sending a registered letter to BITCAN sp. z o.o. ul. Swoboda 11, 60-389 Poznań.
  3. The letter of complaint should contain at least: • first and last name and email address under which the Partner is registered in the Bitcan.pl System • a description of the functionality to which the complaint relates or other circumstances justifying the complaint, • as well as the Partner's specific request related to the complaint being filed.
  4. Claims shall be processed within 14 days from the date of receipt of the notification together with a thorough description of the complaint. The Partner will receive information about the manner of processing the claim by electronic correspondence to the address indicated in the claim or to the contact address indicated in the complaint letter submitted in the form of a registered letter.

§ 11 Protection of personal data

  1. The data administrator is BITCAN Sp. z o.o with its registered office in Poznań at ul. Swoboda 11, 60-389 Poznań, NIP: 6292495068, REGON: 384619443, entered in the Register of Businesses maintained by the District Court of Poznań — Nowe Miasto w Poznań, VIII Economic Division of the National Court Register under KRS 00808472.
  2. The Partner may contact the Organizer for information at: [email protected]
  3. The Organizer provides the Partner with the right to protect privacy. Personal data shall be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (Journal of Laws). EU U. 2016 item L119) and by Act of 10 May 2018 on the personal data protection.
  4. The Bitcan.pl system performs the functions of acquiring information about the Partner and their behavior by: • entering the data in the forms • identification and verification of the identity of the Partner under the Terms and Conditions • saving cookie files to the end devices (so-called “cookies”) • the collection of web server logs and other information created in connection or as a result of the operation and use of the Service.
  5. Detailed information about cookies and server logs can be found in a separate document.
  6. The Organizer processes the Partner's personal data on the basis of Art. 6 point 1 letter b of the GDPR for the purpose of carrying out the rights and obligations arising from the agreement, as well as pursuant to Art. 6 point 1 letter c of the GDPR, where processing is necessary to fulfill the legal obligation borne by the administrator of personal data, as well as on the basis of Art. 6 point 1 letter f of the GDPR i.e. legally legitimate interest of the Organizer.
  7. In connection with the processing of data, the Organizer transfers personal data solely to the entities whose services it uses and which provide sufficient guarantees for the implementation of appropriate technical and organisational measures in accordance with the principles of processing personal data based on the requirements of the GDPR.
  8. As part of the Services provided, the Organizer uses the services of third parties. In particular, in terms of IT services related to the functioning of the Bitcan.pl System, on analyses and statistics of the Bitcan.pl System, audits or payments, in the field of marketing, development or implementation of improvements to the Bitcan.pl System. In addition, the Organizer also uses the services of legal, debt collection or accounting firms.
  9. Personal data of the Partner will not be transferred to a third country unless, at the request of entities entitled to receive it under applicable law, including competent justice authorities within the limits of applicable law.
  10. The Partner voluntarily agrees to the processing of their personal data in order to receive commercial information electronically in accordance with the General Regulation of 27 April 2016 on the protection of personal data and the Act of 18.07.2002 (Journal of Laws No 144, item 1204 as amended) on the provision of services electronically, through a statement on the Bitcan.pl System website. This consent may be withdrawn.
  11. In the cases and on the basis laid down in the general regulation of 27 April 2016 on the protection of personal data and in the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No 144, item 1204 as amended), The PArtner has the right to access the content of their data and the right to rectify, delete, restrict processing, the right to transfer data, the right to object, the right to withdraw your consent at any time without affecting the lawfulness of the processing, which was conducted on the basis of a consent prior to its revocation.
  12. The Partner has the right to lodge a complaint with the supervisory authority when they consider that the processing of personal data relating to it violates the provisions of the General Data Protection Regulation of 27 April 2016
  13. In accordance with the general regulation of 27 April 2016 on the protection of personal data, each person has the right to control the processing of data relating to them. At the request of the data subject, the Organizer shall, within 30 days, inform the subject in writing of their rights and provide personal information regarding their personal data. The above right is granted to the person concerned no more than once every 6 months.
  14. Partner's Personal Data will not be processed in an automated manner, including in the form of profiling.

§ 12 Final provisions

  1. The Terms and Conditions are an integral part of the Agreement concluded between the Organizer and the Partner
  2. Please send any questions about the activities of the Bitcan.pl System to: [email protected]
  3. In matters not regulated in the Terms and Conditions, the relevant provisions of Polish law, and in particular the relevant provisions of the Civil Code and the provisions of the Act of 30 May 2014 on the rights of the consumer (Journal of Laws 2014, item 827) shall apply.
  4. A Partner who is a consumer within the meaning of Art. 221 of the Civil Code, in the event of a possible dispute with the Organizer, has the opportunity to take advantage of out-of-court means of redress i.e. for example assistance from the city or county consumer advocate, assistance from consumer organizations, amicable consumer courts, or mediation. For more information about out-of-court ways to handle claims, the Partner can go to the Competition and Consumer Protection Office website at: https://uokik.gov.pl/sprawy_indywidualne.php, the search engine of local consumer assistance institutions available to the Partner is located at: https://uokik.gov.pl/kontakt.php.
  5. Possible disputes arising between a non-consumer Partner within the meaning of Art. 221 of the Civil Code and the Organizer shall be decided by the court locally competent for the city of Poznań.
  6. In order to close their Account, the Partner sends a statement of withdrawal from Bitcan.pl System services via email to: [email protected]
  7. The Organizer reserves the right to amend the Terms and Conditions for important technical, legal, or organizational reasons. The amendment of the Terms and Conditions shall be effective within the time limit indicated by the Organizer, not less than 7 days from the moment the amended Terms and Conditions are published on the Bitcan.pl System website. The existing provisions of the Terms and Conditions shall apply to the actions taken by the Partner prior to the entry into force of the amendments to the Terms and Conditions
  8. The Terms and Conditions shall enter into force on 07.04.2020.