Terms and Conditions
These Terms and Conditions have been updated on August, 17, 2022
!Please read these Terms and Conditions carefully before using Baxity Store!
Welcome to the Baxity Store (Legal address: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7-634, 10117, registration number: 16540425) (hereinafter — «Baxity Store», «We», «Us», «Our») Website. These Terms and Conditions shall govern Your use of the Website https://baxity.com/store/ and any options available there which are provided by Baxity OÜ.
These Terms and Conditions constitute a binding legal agreement between You and Baxity Store. By registering and creating a Personal account, whether through a mobile device or computer, You confirm that You have read, understand, and agree to be bound by these Terms and Conditions and Our Privacy Policy and Cookie Policy, each of which is incorporated by reference into this Agreement, and any terms disclosed and agreed to by You (collectively, this «Agreement»). If You do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Website.
We may change these Terms and Conditions at any time without notice. Terms and Conditions are effective upon their posting to the Website. Your continued use of Baxity Store shall be considered Your acceptance of the revised Terms and Conditions. If You do not agree to these Terms and Conditions, please do not use the Website.
1. TERMS AND DEFINITIONS
1.1. The following terms shall have the following meaning:
1.1.1. «Personal account» — shall mean an account with https://baxity.com/store/ to be able to use the Website and order goods;
1.1.2. «Order/Orders» — any order of goods provided by Our company through the Website;
1.1.3. «User» (or «You», «Your») — an individual who has accomplished the age of 18 (eighteen) (or another age which under their domestic law entitles the User to conclude legally binding agreements) and accepts this Agreement on their behalf, and has a Personal account;
1.1.4. «Website» — shall mean the Website https://baxity.com/store/;
1.1.5. «Privacy Policy» — a set of rules regulating the processing of personal data and privacy protection policies applied to Users. Privacy Policy constitutes a separate document which is available at https://baxity.com/store/termsconditions-return-policy-privacy-policy/.
2. THE SUBJECT MATTER
2.1. By using our Website, the User can purchase certain digital goods, including, but not limited to, gift cards, prepaid cards, and vouchers.
2.2. You may not use Our Website for any unlawful purpose nor may You violate any laws in Your jurisdiction.
3. ELIGIBILITY
3.1. You are not authorized to create a Personal account with https://baxity.com/store/ or access or buy goods through the Website unless all of the following are true:
3.1.1. You are at least 18 (eighteen) years of age;
3.1.2. You can conclude a legally binding agreement with Baxity Store;
3.1.3. You will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations.
3.1.4. You do not breach the AML&CTF laws.
3.1.5. You use the Personal account and the Website for your own benefit.
4. INTELLECTUAL PROPERTY
4.1. All intellectual property in and to the Baxity Store, which includes materials protected by copyright, trademark, or patent laws, is either owned or licensed to Us.
4.2. We do not possess any intellectual property rights on products, its trade names and logos placed on Our Website.
4.3. All trademarks, service marks, trade names, and other proprietary identifiers are owned, registered, and/or licensed by Us.
4.4. All rights reserved.
4.5. No licenses or rights are granted to the User by implication or otherwise, under any intellectual property right controlled or owned by Us or the respective owners (licensors) of any such associated intellectual property, except for the permissions and rights expressly granted in these Terms and Conditions.
5. CREATING A PERSONAL ACCOUNT AND LOGIN
5.1. To purchase any goods placed on Our Website, You must first register and create a Personal account via Our Website.
5.2. Each User is allowed to have only one Personal account. You are prohibited to create several accounts (multi-accounting) for any reason and purpose.
5.3. You need to have at least one of the following: a working email and phone number and set a password for the Personal account.
5.4. We can also use the verification procedure, such as SMS authentication, call authentication, or email authentication for registration via email or phone number.
5.5. By registering and creating a Personal account, You represent and warrant that:
5.5.1. You are at least 18 (eighteen) years of age, and
5.5.2. You are fully capable and competent to enter into these Terms and Conditions and abide by them.
5.6. If Your country of residence provides age requirements other than those outlined in these Terms and Conditions, You must comply with the age requirements of the country of Your residence.
5.7.We have the right to disable Your Personal account if we find out that You may not be old enough to have a Personal account. If such situation occurred, please write to Our support team at [email protected]. We may ask You to complete the verification procedure using Your documents. We reserve the right to make final decisions about disabled accounts despite the blocking reasons.
5.8. If We suspect any User of fraud, multi-accounting, system abusing or any other prohibited actions as described in Section 12 of this Agreement, We reserve the right to terminate its access to Our Website and its Personal account for an indefinite period of time. If Your Personal account was blocked by mistake, please write to Our support team at [email protected].
5.9. The User acknowledges and represents that the information and documents submitted during the registration process, the verification procedure or further use of the Website must be true, accurate, valid, and complete.
5.10. After registering, You can log in to Your Personal account at Our Website with the email and phone number and password You provided during the creation of the Personal account.
5.11. If You lose Your Personal account password, it can be reset as long as You have control over the email address and phone number You have used for registration. More information can be found on Our Website or by contacting customer support at [email protected].
5.12. You should notify Us immediately if you are aware or believe your Account has been hacked or compromised. User is liable for all transactions conducted through its Personal account at any time prior to the receipt of notification as stated above by Baxity Store.
5.13. Upon receipt of such notice, We may, as it deems fit, block Your Personal account until the conclusion of investigations.
6. FEES AND PAYMENTS
6.1. The goods on the Website are offered for purchase. By using the Website, You should pay applicable fees (and any related taxes) for the products.
6.2. During the payment procedure, we can use a verification procedure including, but not limited to, methods stated in section 5.3 hereof.
6.3. To the maximum extent permitted by applicable laws, We may change the goods’ fees at any time. We will give You reasonable notice of any such pricing changes by posting the new prices on the Website.
6.4. You can pay using any of the payment methods offered by Us unless otherwise agreed. You can pay using the selected payment method only if You have an account with it in your name. You agree, in Our request to prove that You meet such requirements.
6.5. Baxity Store reserve the right at any time without prior notice to you to vary or modify or remove the modes of payment available on the Website. Any payment accepted for Orders in processing prior to the removal of the affected payment mode will be completed.
7. DISCOUNTS AND SPECIAL OFFERS
7.1. We may make use of discounts and special offers. In such case, the period of validity and all rules will be stated in terms and conditions of definite discount and/or special offer program. You will be able to find links for available discount and/or special offer programs on Our Website.
8. PRIVACY
8.1. To use the Baxity Store, You may be asked to provide certain Personal Data. All the matters regarding Your Personal Data are governed by Our Privacy Policy and Cookie Policy; therefore, We recommend You, and You should ensure that You have read the Privacy Policy and the Cookie Policy provisions carefully.
9. DELETING A PERSONAL ACCOUNT
9.1. A User can delete a Personal account at any time.
9.2. These Terms and Conditions survive the termination of a Personal account.
9.3. To delete Your Personal account send the relevant request to Our support team via [email protected]. After receiving such a request by Our support team, We will delete Your Personal account as soon as possible.
9.4. We will delete all of Your Personal account information, except for the minimum that is needed for complying with and the fulfilment of the accounting obligation to tax authorities as set by applicable laws.
9.5. Please be advised that upon deleting a Personal account, data created within Your account and added accounts will be deleted immediately and permanently and will be not recoverable thereafter even if You, later on, decide to register again – You have to sign up again and start all over.
9.6. We reserve the right to delete all Personal accounts which were created as a result of multi-accounting.
10. LINKS
10.1. By using Our Website, You can follow different links to third-party websites, applications, or other products or services operated by other companies («Third-Party Services»). We do not endorse, monitor, or have any control over these Third-Party Services, which have separate Terms and Conditions, Privacy Policies and Cookie Policies. We are not responsible for the content or Policies of Third-Party Services and You access such Third-Party Services at Your own risk.
11. PAYMENT PROCESSOR
11.1. We may use a third-party payment processor to bill and charge You through a payment account linked to Your Personal account. The processing of payments will be subject to the Terms and Conditions and Privacy Policy of the relevant third-party payment processor.
11.2. We do not control and are not liable for the security or performance of the payment processor.
11.3. You agree to pay Us all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. The valid currency for payment is the US dollar/Euro, or any other local currency presented on the Website and selected by the User.
12. UNAUTHORIZED USE
12.1. You must not create accounts with the Website through unauthorized means, including, but not limited to, using an automated device, script, bot, spider, crawler, or scraper.
12.2. You shall refrain from any actions with the Website which in any respect:
12.2.1. are in breach of any law, statute, regulation, or by-law of any applicable jurisdiction;
12.2.2. are fraudulent, criminal, or unlawful;
12.2.3. are inaccurate or out-of-date;
12.2.4. are defamatory;
12.2.5. are abusive, insulting, or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred, or bigotry;
12.2.6. contain expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
12.2.7. impersonate any other person or body or misrepresents a relationship with any person or body;
12.2.8. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights, and broadcasting rights) or privacy or other rights of Us or any third party;
12.2.9. are contrary to Our interests;
12.2.10. are contrary to any specific rule or requirement that We stipulate on the Website;
12.2.11. involve the transmission of «junk» mail or «spam»;
12.2.12. contain any spyware, adware, viruses, corrupt files, worm programmes, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse, or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Baxity Store or otherwise.
12.3. These rules of conduct and a list of prohibited uses are not meant to be exhaustive. We reserve the right to determine what conduct We consider to be a violation of these Terms and Conditions or its improper performance and the appropriate action to take.
12.4. As a User, You agree that You are responsible for compliance with any applicable local laws that may apply to Your use of Our Website.
12.5. If We ascertain or receive information from third parties or law enforcement officials of any of the above-listed prohibited uses or other unlawful uses on Your behalf, We may terminate Your access to the Personal account and Our Website due to Your breach of these Terms and Conditions. You agree to reimburse Us for any expenses or costs, including consequential damages We or anyone else may have or may incur as a result of such a breach or unlawful act.
12.6. By purchasing an AstroPay Voucher You confirm that You will use it for Your personal accounts on merchant websites (online stores, services, trading, gaming etc.) Multiaccounting is strictly forbidden (p. 5.2.) and may cause problems while making transfers to merchant due to violating AstroPay Terms.
13. CHANGES TO THE ORDER AND REFUND CLAIM
13.1. Paid Orders can not be cancelled or modified.
13.2. The revocation and reflection period of 14 days is not applicable due to the digital nature of the goods to be delivered. The User, therefore, agrees to direct delivery of the goods after payment and explicitly renounces the right of revocation and the reflection period.
13.3. You can send your refund request to Our email address [email protected].
13.4. Your eligibility to refund will be decided at Baxity Store sole and absolute discretion.
13.5. We can make a decision about Your refund request only when We make sure about the following information which should be provided by You:
13.5.1. the purchased goods were not used or activated in any way;
13.5.2. the purchased goods are not expired;
13.5.3. there are no signs of fraud.
13.6. In case of refund, You are able to get back the denominated amount of goods excluding processing fees applied by the payment processor.
13.7. We will be able to refund You only when You return goods back to Us for deactivation.
13.8. You are solely responsible for returning the goods in case of refund. There is no responsibility on Our side for back delivery of such goods.
14. DISCLAIMER
14.1. You understand and agree that the Website and the goods offered on the Website are provided on an “AS IS” and “AS AVAILABLE” basis; this means We do not assume responsibility that the information contained on the Website, or concerning the goods offered on the Website, meets the expectations of the User, likewise, it will not respond to the veracity, accuracy, or integrity of the information that is not of its creation and from which another source is indicated and do not accept any liability in respect of any activities that You may undertake through using the Website.
14.2. You use any aspect of the Website at Your own risk. We cannot and do not accept any liability in respect of any activities that You may undertake through using the Website.
14.3. The Website may not be available in all languages or all countries, as well as certain types of goods may be not available to purchase or use in Your country or region. We can not in any way change or modify the availability and functionality of goods and We make no representation that the functionality of the Website would be appropriate, accurate, or available for use in any particular location. The Website’s availability, pricing, and payment currency are subject to change.
14.4. You are solely responsible for all Your Orders, whether they are made falsely or not, and for Your dealings with paid and delivered goods. We assume no liability for wrong purchases made by the User due to negligence and/or false/wrong information provided, which may result in damages or losses. By purchasing any goods on Our Website, You understand, acknowledge and accept this release of liability.
14.5. Users are aware that any transactions on the Website may be subject to disruption due to technical malfunctions, defects, or problems by reason or in connection with the network provider as they are conducted through telecommunication and data networks.
14.6. You accept that Baxity Store cannot guarantee the prompt delivery of any notifications or confirmations as they may be delayed or prevented by factors affecting the relevant service providers and other relevant parties.
14.7. The User acknowledges and confirms that all steps and measures to check and verify the transaction history of its Personal account should be done itself.
14.8. To avoid fraud of any kind, please pay attention to the sources which you use. We provide our goods and other information only through Our official web resources available at: https://baxity.com/store/.
14.9. This disclaimer constitutes an essential part of these Terms and Conditions.
14.10. The English language version of the Website shall prevail. We do not guarantee the correctness of the translation into other languages.
15. PROCEDURE ABOUT COMPLAINTS
15.1. Any complaints about the performed work with stating the reasons must be made known to the Baxity Store via the email address [email protected] within 7 (seven) days after the complaint arose, or within 7 (seven) days after delivery of the goods. We will try to give a response within 48 (forty-eight) hours (on working days). The performed work will be deemed to be accepted, after the expiry of the aforementioned periods.
16. COUNTRY AND REGIONAL RESTRICTIONS
16.1. Baxity Store will not establish business relationships with Users from restricted/unacceptable countries, which includes relationships with: person and/or legal entity/arrangement that is established in an unacceptable country; person and/or legal entity/arrangement that is owned by undertaking established in an unacceptable country; person and/or legal entity/arrangement that has as beneficial owner private individual – citizen of an unacceptable country.
16.2 Your using of the Website is subject to international export controls and economic sanctions requirements. By purchasing digital goods, including, but not limited to, gift cards, prepaid cards, and vouchers using our Website and your Personal account, you agree that you will comply with those requirements. You are not permitted to purchase any certain digital goods through the Website if you are in, under the control of, or a national or resident of any country subject to UN sanctions, the European Union financial sanctions regimes or United States embargo, or if you are a person on the EU financial sanctions regime or U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List.
16.3. In addition, Baxity Store shall not accept registering Personal account and not accept/process transactions for Users from the countries, which are consider unacceptable for digital goods purchasing according to the Baxity Store’s internal policies, including without limitations, the following countries: Afghanistan, Aruba, Kingdom of the Netherlands, Antigua and Barbuda, Benin, Estonia, Montserrat, Saint Kitts and Nevis, Saint Vincent & the Grenadines, Sint Maarten Kingdom of the Netherlands, Suriname, Venezuela, Trinidad and Tobago, Virgin Islands (United Kingdom), Comoros, Columbia, Burkina Faso, Côte d’Ivoire, Bermuda, Dominica, Mali, Democratic People’s Republic of Korea (North Korea), Iran, Myanmar, Syria, Yemen, Cuba, Crimea, Donetsk People’s Republic, Luhansk People’s Republic, United States of America, U.S. Minor Islands, U.S. Virgin Islands and other U.S. territories (American Samoa, Guam, the Northern Mariana Islands, Puerto Rico), Morocco, Pakistan, Ukraine, Indonesia, Libya, Belarus, Russia, Kenya. We may change the above list at our discretion.
17. LIMITATION OF LIABILITY
17.1. To the maximum extent permitted by applicable law, under no circumstances, and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall We, Our affiliates, or any of Our or their employees, directors, officers, agents, vendors or suppliers not be liable to You or any third party for any personal injury, including death, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use Our Website and purchased goods, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer or device failure or malfunction, even if a representative of Ours has been advised of or should have known of the possibility of such damages.
17.2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under such applicable law.
17.3. We hereby disclaim any and all liability to You or any third party relating to Your use of the Website.
18. INDEMNITY
18.1. You agree to defend, indemnify, and hold Us harmless including Our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of Our affiliated companies or organizations, and any successors, assigns, or licensees, from and against any claims, actions, or demands, damages, losses, liabilities, judgments, settlements, costs, or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to:
18.1.1. the breach of these Terms and Conditions by You or anyone using Your Personal account;
18.1.2. any claim, loss, or damage experienced from Your use or attempted use of (or inability to use) the Website;
18.1.3. Your violation of any law or regulation; or
18.1.4. any other matter for which You are responsible under these Terms and Conditions or law. You agree that Your use of the Website shall comply with all applicable laws, regulations, and guidelines.
19. TERMINATION
19.1. These Terms and Conditions are effective until terminated by either You or Us. Upon such termination, You will not be entitled to any refund for purchases. You may terminate these Terms and Conditions at any time, provided that You discontinue purchasing goods from Our Website. If You violate these Terms and Conditions, Our permission for You to use the Website automatically terminates.
19.2. We, however, may, in Our sole discretion, terminate these Terms and Conditions and Your access to a Personal account, at any time and for any reason, without penalty or liability to You or any third party.
19.3. In the event of Your breach of these Terms and Conditions, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to Us.
19.4. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Intellectual Property, Disclaimer, Limitation of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement, and Severability.
20. ADVERTISING AND MARKETING MATERIALS
20.1. In accordance with the applicable law, You confirm that acting on own free will and in own interest, give consent to Baxity Store to send You messages about goods, products and services of the Baxity Store and/or its affiliates and/or its partners for information and advertising purposes. Such messages include newsletters and offers about goods, products, events, promotions, and other information and advertising text, audio, graphic, audio-visual, and multimedia messages not prohibited by law. To send these messages, the Baxity Store will use Your contact information (email, phone number, messenger accounts) that You provided on Website. The information is sent in the form of emails, SMS, messages in messengers, push notifications or by phone calls.
20.2. You agree that the text of this consent will be stored electronically in Baxity Store’s database and confirms Your willingness to receive messages in accordance with the above provisions. You hereby confirm that Your de facto actions (filling in the account registration form and clicking “I agree” checkbox) on our Website are sufficient to constitute Your consent and allow the parties to acknowledge the obtaining of this consent. No other evidence is required to prove Your free will. You are responsible for the accuracy of the provided data.
20.3. You are aware that at any time during the term of this consent, You have the right to withdraw it and unsubscribe from receiving the advertising and marketing materials by clicking on the link in any email (if available) received from Baxity Store, or a sending refusal/withdrawal with Your full name and account details via Baxity Store email [email protected].
20.4. This consent is given for an indefinite period (but not less than ten years from the date of its signing) and is valid unless the Baxity Store has been informed by You of its revocation. The date of withdrawal shall be the day following the date of delivery to the Baxity Store of the notice of withdrawal of consent to receive advertising and marketing materials.
21. FORCE MAJEURE
21.1. We are not obliged to fulfil any obligation towards the User if We are hindered to do so as a result of a circumstance that cannot be attributed to any fault, and for which We are not responsible by virtue of the law, a legal act, or generally accepted practice.
21.2. Force majeure in this document is understood to mean, in addition to what is understood in this respect by law and jurisprudence, all external causes, foreseen or unforeseen, over which We have no influence and as a result of which We are unable to fulfil Our obligations.
21.3. Baxity Store has the right to invoke force majeure if the circumstances that prevent (further) performance of the Agreement occur after Our obligation should have been performed by Us.
21.4. We reserve the right to suspend Our obligations under this Agreement during the period that the force majeure lasts.
21.5. Following Our notification of force majeure, You have the right to cancel the Order(s) in writing.
22. CHOICE OF LAW AND DISPUTE RESOLUTION
22.1. These Terms and Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of Estonia, excluding conflict of law provisions. Any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, or the breach, termination, or invalidity thereof, shall be finally settled by Estonian courts.
23. ENTIRE AGREEMENT
23.1. These Terms and Conditions, Privacy Policy and Cookie Policy constitute the entire agreement between You and Us about the subject matter hereof. Anything contained in or delivered through the Website that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.
24. SEVERABILITY
24.1. If any of the provisions of these Terms and Conditions are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited, or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
25. ASSIGNABILITY
25.1. You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Our prior written and explicit consent.
25.2. You agree that these Terms and Conditions, Privacy Policy, Cookie Policy, and/or the Agreement between You and Us, in general, may be assigned by Us, in Our sole discretion, to any third party.
26. NOTICES AND ELECTRONIC COMMUNICATION
26.1. Any notice or other communication under these Terms and Conditions shall be in writing and shall be considered given and received when sent by email, text messaging, or notifications. The language of the communication shall be English.
26.2. CONTACT US Notices relating to these Terms and Conditions may be sent to Us by email. Please submit any notices to Us relating to these Terms and Conditions via email [email protected].
Baxity Store Privacy Policy
This Privacy Policy has been updated on October 4, 2022
WE RESPECT YOUR PRIVACY!
If you have any privacy related concerns, please contact us at: [email protected]
BAXITY OÜ is a company registered in Estonia, with registration number 16540425 and address at this date at Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7-634, 10117 (“BAXITY”, “We”, “Us”), who collects, uses and discloses information, when you access or use website available at https://baxity.com/store/ (the “Website”), make purchases through the Website, or when you otherwise interact with us. As our company is registered in Estonia, control is carried out by Estonian Data Protection Inspectorate (Andmekaitse Inspektsioon), information about which you can find on their official website https://www.aki.ee.
This Privacy Policy describes how We collect and use the Personal Data you provide. It also describes the choices available to you regarding our use of your Personal Data and how you can access the information. We respect your privacy and We take protecting it seriously.
Reading Privacy Policy is important so we hope you will give it time and attention.
This Policy applies to the following people:
- people who use the Website (For the purposes of this policy, We define the term “User”, “you”, “your“, “yours“ as a person which has interacted with the Website).
- people who make complaints to us by email.
BAXITY does not sell your personal data to third parties. A “sale” of Personal data under the CCPA is defined broadly to include the “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means” the Personal data of a User to another business or third party “for monetary or other valuable consideration.” If We decide to sell the Website, We will inform you about this, so you can forbid Us to transfer your personal data together with our business. If so, We will delete your data from the databases prior to a business transfer.
We adhere to the following principles in order to protect your privacy:
- principle of purposefulness – We process personal data fairly and in a transparent manner only for the achievement of determined and lawful objectives, and they shall not be processed in a manner not conforming to the objectives of data processing;
- principle of minimalism – We collect personal data only to the extent necessary for the achievement of determined purposes and do not keep personal data if it is no longer needed;
- principle of restricted use – We use personal data for other purposes only with the consent of the data subject or with the permission of a competent authority;
- principle of data quality – We update personal data shall be up-to-date, complete and necessary for the achievement of the purpose of data processing;
- principle of security – security measures shall be applied in order to protect personal data from unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organizational measures;
- principle of individual participation – the persons shall be notified of data collected concerning him or her, the persons shall be granted access to the data concerning him or her and the persons have the right to demand the correction of inaccurate or misleading data.
PERSONAL DATA THAT WE COLLECT AND PROCESS
1.1. In order to fulfill our obligations and provide you with opportunity to use our Website and purchase goods there, We are entitled to ask you to provide us with your Personal Data, including (but not limited):
1.1.1. name;
1.1.2. date of birth;
1.1.3. phone number;
1.1.4. e-mail address;
1.1.5. and other relevant data. This information is used by us to identify the Customers and provide them with services, mailings, notification, support and marketing actions, and to meet other contractual obligations.
1.2. Personal Data collected by or transmitted to the BAXITY in the course of accessing, interacting and operating of the Website may include, without limitation, the following Personal Data:
1.2.1. server and purchase log information, which may include (but is not limited to) your login details, the date and time of visits, the pages viewed, your IP address;
1.2.2. information collected by cookies and other tracking technologies. We use various technologies to collect information when you interact with the Website, including cookies and web beacons. ‘Cookies’ are small data files that are stored on your device when you visit the Website which enable us to collect information about your device identifiers, IP address, web browsers used to access the Website, pages or features viewed, time spent on pages and links clicked. You can manage your cookies settings through the Website. Web beacons are graphic images that are placed on a website or in an email that is used to monitor the behavior of the user visiting the website or sending the email. They are often used in combination with cookies. More information about cookies you can find in our Cookie Policy.
BAXITY may collect the Personal Data from you in a variety of ways and circumstances, including, but not limited to, registering through our Website, subscription to a newsletter, buying goods through the Website, providing us with feedback. BAXITY shall be entitled to combine Personal Data collected in the course of your interaction with different sections of the Website with any other relevant available information.
2. USE OF COLLECTED PERSONAL DATA
2.1 We may use the information collected from you for a variety of purposes, primarily, relating to providing our Website and buying goods. We may also use the information for such other purposes as otherwise allowed by law. For example, We (or a supplier or our affiliate company acting on our behalf and only under our instructions) may use your personal information, including personally identifiable information, for such purposes, including but not limited to:
2.1.1. to provide access to the Website and possibility to buy goods;
2.1.2. to handle your orders and requests, including requests for technical support and assistance;
2.1.3. to properly fulfill tax-related and accounting obligations imposed by applicable laws;
2.1.4. to detect, investigate, and prevent illegal activities or conduct that may violate the Terms of Use of the Website and this Privacy Policy;
2.1.5. to personalize your experience with our Website;
2.1.6. to contact you in relation to, and conduct, surveys or polls you choose to take part in and to analyze the data collected for market research purposes;
2.1.7. to conduct internal research and development and to improve, test and enhance the features and functions of our Website;
2.1.8. marketing and promotion of our Website or related products, including those of a third party’s products which are related to our Website (If you do not want us to use your data in this way, please let us know by contacting us at: [email protected];
2.1.9. to meet our internal and external audit requirements, including our information security obligations;
2.1.10. tracking purchases and usage information;
2.1.11. any other purpose as We determine, in our sole discretion, to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, public, and/or our Website, or to comply with requirements of any applicable law.
3. CONSENT TO PERSONAL DATA PROCESSING
3.1. EU Persons Consent to Personal Data processing
3.1.1. If you are an EU Person and to process your Personal Data We need to receive your consent, as it is prescribed by GDPR, We will process your Personal Data only in the case We have received from you a freely given, specific, informed and unambiguous indication of your wishes by which you signify agreement to the processing of your Personal Data (“Consent“).
3.1.2. You may give your Consent by ticking a box when registering the personal account through the Website. In the case you tick the respective box, you irrevocably and unconditionally consent and agree that BAXITY shall be entitled to process your Personal Data as it is indicated by your Consent.
3.1.3. Your Consent covers all processing activities with your Personal Data carried out for the same purpose or purposes. When the Processing has multiple purposes, your Consent should be deemed given for all of them.
3.1.4. You have the right to withdraw your Consent at any time. You can submit such a request by sending us an email to [email protected]. Your withdrawal of Consent shall not affect the lawfulness of your Personal Data processing based on Consent before its withdrawal.
3.1.5. Except as required or enabled by law We will not use or disclose your Personal Data for any purpose for which you refuse Consent or later withdraw your Consent. If you withdraw Consent, you agree that in spite of this withdrawal, We may continue to use those Personal Data previously provided to us to the extent that We are contractually or otherwise legally obliged to do so and to the extent necessary to enforce any contractual obligation you may have towards BAXITY or in any other way permitted by law.
3.2. Non-EU Persons Consent to Personal Data processing
3.2.1. If you are not an EU Person, by transferring to us your Personal Data via the Website or otherwise, you irrevocably and unconditionally consent and agree that the BAXITY shall be entitled, in accordance with this Policy:
3.2.1.1. To Process in any manner, including to collect, store, use, disclose, share and transfer (including cross-border), your Personal Data so provided to us, as well as your Personal Data collected from your use of the Website (i.e. your Personal Data which We collect automatically and/or from other sources); and
3.2.1.2. to use cookies and web beacons (pixel tags) to collect your Personal Data.
4. СOMPLIANCE WITH GENERAL DATA PROTECTION REGULATION (GDPR), CALIFORNIA CONSUMER PRIVACY ACT (CCPA) AND BRAZIL’S GENERAL DATA PROTECTION LAW (LGPD (LEI GERAL DE PROTEÇÃO DE DADOS))
4.1. If you are located in the European Economic Area (EEA) privacy rights are granted and all processing of Personal Data is performed in accordance with regulations and rules following the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”).
4.2. If you are located in California, all processing of Personal Data is performed in accordance with regulations and rules following the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq. (“CCPA”).
4.3. If you are located in Brazil, all processing of Personal Data is performed in accordance with regulations and rules following the Lei Geral de Proteção de Dados (“LGPD”).
4.4. The Child Online Privacy and Protection Act (“COPPA”) regulates online collection of information from persons under the age of 13 (covered person). Covered persons are required to obtain parental consent before providing personal data via the Website. If you are a parent of a COPPA covered person, you have the option to agree to the collection and use of your COPPA covered person’s information. You may revoke your consent, review your COPPA covered person’s personal information, ask to have it deleted, and/or refuse to allow any further collection or use of your COPPA covered person’s information at any time, contact us at [email protected].
4.5. We process Personal Data as a Controller, as defined in the GDPR.
5. DATA ACCESS, DATA CORRECTION, DATA DELETION, DATA PORTABILITY AND WITHDRAWAL OF THE CONSENT
5.1. You can review, correct, update, delete or transfer your personal identifiable information. For that, contact us directly at [email protected]. We will acknowledge your request within seventy-two (72) hours and handle it promptly and as required by law.
5. 1. 1. Right to access. You may contact us to get confirmation as to whether or not We are processing your personal data. When We process your personal data, We will inform you of what categories of personal data We process regarding you, the processing purposes, the categories of recipients to whom personal data have been or will be disclosed and the envisaged storage period or criteria to determine that period.
5. 1. 2. Right to withdraw consent. In case our processing is based on consent granted, you may withdraw the consent at any time by contacting us or by using the functionalities of our Website. You can withdraw your consents at any time by replying to the email with your withdrawal and your Personal Data will be deleted in 48 business hours. Withdrawing consent may lead to fewer possibilities to use our Website.
5. 1. 3. Right to object. In case our processing is based on our legitimate interest to run, maintain and develop our business, you have the right to object at any time to our processing. We shall then no longer process your personal data unless for the provision of our services or if We demonstrate other compelling legitimate grounds for our processing that override your interests, rights and freedoms or for legal claims. Notwithstanding any consent granted beforehand for direct marketing purposes, you have the right to prohibit us from using personal data for direct marketing purposes, by contacting us or by using the functionalities of the Website or unsubscribe possibilities in connection with our direct marketing messages.
5. 1. 4. Right to restriction of the processing. You have the right to obtain from us restriction of processing of your personal data, as foreseen by applicable data protection law, e.g. to allow our verification of accuracy of personal data after your contesting of accuracy or to prevent us from erasing personal data when personal data are no longer necessary for the purposes but still required for your legal claims or when our processing is unlawful. Restriction of processing may lead to fewer possibilities to use our Website.
5. 1. 5. Right to data portability. You have the right to receive your personal data from us in a structured, commonly used and machine-readable format and to independently transmit those data to a third party, in case our processing is based on your consent and carried out by automated means.
5. 1. 6. How to use these rights. To exercise any of the above-mentioned rights, you should primarily use the functions offered by our Website. If such functions are however not sufficient for exercising such rights, you shall send us a letter or email to the address set out below under Contact, including the following information: name, address, phone number, email address, and a copy of a valid proof of identity. We may request additional information necessary to confirm your identity. We may reject requests that are unreasonably repetitive, excessive or manifestly unfounded.
6. STORING OF INFORMATION AND DELETION
6.1. We store your Personal Data for as long as needed to provide you with any services available on our Website. We may store Data longer, but only in a way that it cannot be tracked back to you. When Personal Data is no longer needed, We delete it using reasonable measures to protect the Data from unauthorized access or use.
6.2. EU Territory. We store Personal Data as long as it is needed for the provision of any services available on our Website. Traffic information is erased or made anonymous when it is no longer needed for the purpose of the transmission. Direct marketing and provision of value-added services information (including traffic information used for these purposes) is stored as long as the same is necessary for the provision of these activities, or up to the time when a user opts out from such use in accordance with this Privacy Policy. Other information is stored for as long as We consider it to be necessary for the provision of our Website. This Section shall not prevent any technical storage or access to information for the sole purpose of carrying out the transmission of a communication or as strictly necessary in order for us to provide you with any services available on our Website.
6.3. As explained in the GDPR statement, We strive to anonymize the data when possible. If you decide to exercise your right to erasure We will also inform our Providers to delete all your data.
6.4. US Territory. We will retain collected information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by applicable legislation.
6.5. Storing might be different depending on the territory of collecting the information and the applicable legislation, but We always strive to store the information only as long as it is needed for the purposes of providing, improving or personalizing our Website.
6.6. We do not use the Website to knowingly solicit information from or market to children under the age of 13. In the event that We learn that We have collected personal data from a child under 13 years of age We will delete that information as quickly as possible. If you believe that We might have any information from or about a child under 13 years of age please contact us at [email protected].
7. INFORMATION SECURITY
7.1. We care to ensure the security of personal data. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once We receive it. We maintain technical, physical, and administrative security measures to provide reasonable protection for your Personal Data. When We or our contractors process your information, We also make sure that your information is protected from unauthorized access, loss, manipulation, falsification, destruction or unauthorized disclosure. This is done through appropriate administrative, technical and physical measures.
7.2. There is no 100% secure method of transmission over the Internet or method of electronic storage. Therefore, We cannot guarantee its absolute security.
7.3. We never process any kind of sensitive data and criminal offense data. Also We never undertake profiling of personal data.
8. CONTRACTORS
8.1. We work with third party service providers who provide website, application development, hosting, maintenance, processing credit card payments and other Services for us. They may be located outside of the EEA. These contractors may have access to, or process Personal Data on behalf of us as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions. We concluded additional NDAs with all our contractors to which personal data may be transferred.
8.2. All data transfers are performed in accordance with the highest security regulations. Transfer of Personal Data to countries outside of the European Economic Area may be possible only in the case, when We have obtained your consent for it.
8.3. All data processed by Us is stored exclusively in secure hosting facilities provided by Hostinger and located in Lithuania.
8.4. We use Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. You can learn more about it by visiting this page: https://marketingplatform.google.com/about/analytics/?hl=ru
8.5. We use Yandex Metrica to evaluate website traffic and analyze user behavior. For more information on the privacy practices of Yandex Metrica, please visit the Privacy Policy: https://metrica.yandex.com/about/info/privacy-policy
8.6. We use Jivochat. For more information on the privacy practices of Jivochat, please visit the Privacy Policy: https://www.jivochat.com/files/privacy_policy.pdf
8.7. We use Telesign to check the risk score of phone numbers and protect customers accounts from unauthorized access. For more information on the privacy practices of Telesign, please visit the Privacy Policy: https://www.telesign.com/privacy-notice
8.8. We use ShuftiPro as a service for KYC procedure. For more information on the privacy practices of ShuftiPro, please visit the Privacy Policy: https://shuftipro.com/privacy-policy/
8.9. We use reCAPTCHA. For more information on the privacy practices of reCAPTCHA, please visit the following website: https://www.google.com/recaptcha/about/
8.10. We use Cloudflare. For more information on the privacy practices of Cloudflare, please visit the Privacy Policy: https://www.cloudflare.com/privacypolicy/
8.11. We use Trustpilot. For more information on the privacy practices of Trustpilot, please visit the Privacy Policy: https://legal.trustpilot.com/for-reviewers/end-user-privacy-terms
9. OPT-OUT
9.1. You can deactivate local notifications by changing the notification settings in accordance with the instructions of the operating system running on the Users’ device.
10. APPLICATION OF THIS PRIVACY POLICY
10.1. This Privacy Policy is applicable to our Website. Once redirected to another website or App, this Policy is no longer applicable.
11. ACCEPTANCE OF THESE CONDITIONS
11.1. We assume that all Users have carefully read this document and agree to its content. If one does not agree with this Privacy policy, they should refrain from using the Website.
12. CHANGES AND UPDATES TO OUR PRIVACY POLICY
12.1. From time to time, We may update this Privacy Policy. We encourage you to periodically check back and review this Policy so that you always will know what information We collect, how We use it, and with whom We share it.
13. CONTACT US!
13.1. If you have any questions please contact us at [email protected].
Baxity Store Cookie Policy
BAXITY OÜ, a company registered in Estonia, with registration number 16540425 and address at this date at Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7-634, 10117 (“BAXITY”, “We”, “Us”), understand that your privacy is important to you and are committed to being transparent about the technologies it uses.
This Cookie Policy (“Cookie Policy”) is applicable on the Website https://baxity.com/store/ and explains how and why cookies (“Cookies”) may be stored on and accessed from your device when you use or visit our Website.
Please read this Cookie Policy carefully before using our Website. This Cookie Policy should be read together with our Privacy Policy and our Terms and Conditions.
1. WHAT ARE COOKIES?
1.1. Cookies are small data files that are stored on your device when you visit the Website which enable us to collect information about your device identifiers, IP address, web browsers used to access the Website, pages or features viewed, time spent on pages and links clicked.
1.2. Cookies are useful because they allow a Website to recognize a user’s device. A cookie assigns a unique numerical identifier to your web browser and may enable us to recognize you as the same visitor, who was at our Website in the past and relate your use of the Website to other information about you.
1.3. Cookies perform many different functions, such as letting you navigate between pages efficiently, remembering your preferences, and generally improving your experience. They can also help to ensure that advertisements you see online are more relevant to you and your interests.
2. WHAT ARE COOKIES USED FOR?
2.1. BAXITY uses cookies to:
2.1.1. Customize our Website;
2.1.2. Facilitate the navigation of all visitors on our Website;
2.1.3. Provide a greater and better experience with us;
2.1.4. Identify Website problems for constant improvement;
2.1.5. Make measurements and statistics of use;
2.1.6. Show advertising related to preferences based on an analysis of the use of our Website.
2.2. BAXITY OÜ, a company registered in Estonia, with registration number 16540425 and address at this date at Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7-634, 10117, is responsible for the processing of your personal data.
3. COOKIES USED ON THE WEBSITE
3.1. To the extent that information processed in connection with cookies should qualify as personal data, the legal ground for that processing is your consent (Art. 6 (1) lit. (a) GDPR).
3.2. By clicking “Agree” on the cookie banner, you give your consent to BAXITY to place and/or read several types of cookies from the Website you are visiting. You can choose yourself types of cookies to which you agree.
3.3. BAXITY uses several different types of cookies. Some of these are session cookies which are temporary and allow us to link your actions during a browser session. Session cookies are erased when you close the browser. Other cookies are persistent cookies that remain on your device for the period specified in the cookie.
3.4. Depending on their function and their intended purpose, cookies can be assigned to the following categories:
3.4.1. NECESSARY COOKIES
3.4.1.1. Necessary cookies are required to navigate our Website and operate basic Website functions. Examples of necessary cookies are cookies to remember your cookie settings or accessing secure areas of the Website. Without these cookies, certain basic functionalities cannot be offered.
3.4.1.2. Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
3.4.2. PERFORMANCE COOKIES
3.4.2.1. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
3.4.2.2. To the extent that information processed in connection with performance cookies should qualify as personal data, the legal ground for that processing is your consent (Art. 6 (1) lit. (a) GDPR).
3.4.3. FUNCTIONAL COOKIES
3.4.3.1. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.
3.4.3.2. To the extent that information processed in connection with marketing cookies should qualify as personal data, the legal ground for that processing is your consent (Art. 6 (1) lit. (a) GDPR).
3.4.4. ANALYTICS COOKIES
3.4.4.1. Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.
3.4.4.2. To the extent that information processed in connection with preference cookies should qualify as personal data, the legal ground for that processing is your consent (Art. 6 (1) lit. (a) GDPR).
3.4.5. ADVERTISEMENT COOKIES
3.4.5.1. Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.
3.4.5.2. To the extent that information processed in connection with preference cookies should qualify as personal data, the legal ground for that processing is your consent (Art. 6 (1) lit. (a) GDPR).
3.4.6. OTHERS COOKIES
3.4.6.1. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
3.4.6.2. To the extent that information processed in connection with preference cookies should qualify as personal data, the legal ground for that processing is your consent (Art. 6 (1) lit. (a) GDPR).
4. FIRST-PARTY AND THIRD-PARTY COOKIES
4.1. We use both first-party and third-party cookies on our Website.
4.2. First-party cookies are cookies issued from the https://baxity.com/store/ domain that are generally used to render basic Website functionality.
4.3. Third-party cookies belong to and are managed by other parties, such as BAXITY business partners or service providers. Some cookies, web beacons, and other tracking and storage technologies that we use are from third-party companies (third-party cookies), such as Yandex Metrica, Google Analytics, Jivochat, Trustpilot to provide us with web analytics and intelligence about our Website which may also be used to provide measurement services and target ads. These companies use programming code to collect information about your interaction with our Website, such as the pages you visit, the links you click on, and how long you are on our Website.
4.4. When we work with third-party vendors to apply cookies on our behalf and they have access to personal data collected through cookies or other applications, they are subject to appropriate contractual safeguards under the requirements of the GDPR and ePrivacy Directive (EPD) has become known as the “Cookie law”. We retain personal data collected through cookies necessary for personalized services when you have consented to the use of cookies for those purposes, and only for the time necessary to aggregate personal data that we use for website performance and measurement of the audience.
5. CONSENT
5.1. Be informed that you may withdraw your consent to abide by this policy at any time and may delete the cookies stored on your device through the settings and configurations of your browser that are mentioned below.
6. DISABLING/ENABLING COOKIES VIA YOUR BROWSER
6.1. There are several ways for you to manage cookies and other tracking technologies. Depending on the browser in which the visitor browses our Website, it may allow, block or delete the cookies installed on their device by modifying the configuration parameters of the installed browser. To change your web browser settings for cookies, you can follow the instructions in the help section of your web browser. You can also find information on how to disable specific cookies using the links provided below.
6.1.1. Google Chrome Google cookie settings;
6.1.2. Mozilla Firefox Mozilla cookie settings;
6.1.3. Opera Opera cookie settings;
6.1.4. Safari Safari cookie settings.
6.2. For any other web browser, please visit your web browser’s official web pages.
7. DATA CONSERVATION
7.1. Some of the cookies used on the web save your data as long as the session is open.
7.2. The data extracted by first-party cookies will be stored for 11 months
7.3. The data extracted by third-party cookies will be stored for 24 months.
8. MODIFICATIONS TO THE POLICY
8.1. This policy may be modified at any time by a legal provision or to meet the interests of BAXITY. It is your responsibility to review this policy constantly to know the changes made, if applicable.
8.2. If you have any further questions and/or comments, please, contact us via email at [email protected].
Last Update: October 4, 2022
Germany
