USER AGREEMENT

USER AGREEMENT

This is a contract between you and dpBit Co., Ltd., a private limited company incorporated in Thailand ("dpBit"). By signing up to use an account through dpBit.com, or any associated websites, APIs, or mobile applications (collectively the "dpBit Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement and our Privacy Policy.

The risk of loss in trading or holding Digital Currency can be substantial. You should therefore carefully consider whether trading or holding Digital Currency is suitable for you in light of your financial condition.

1.           Basic dpBit Services

1.1.     Eligibility. To be eligible to use the dpBit Services, you must be at least 18 years old.

1.2.     dpBit Services. Your dpBit account ("dpBit Account") encompasses the following basic dpBit services (collectively the “dpBit Services”):

(a)          One or more hosted Digital Currency wallets that allow users to store certain supported digital currencies, like Bitcoin or Ethereum ("Digital Currency"), and to track, transfer, and manage their supported Digital Currencies (the "Hosted Digital Currency Wallet");

(b)          Digital Currency conversion services through which users can buy and sell supported Digital Currencies in transactions with dpBit (the "Conversion Services");

(c)           Thai Baht account for use in connection with other dpBit Services (a "THB Wallet"); and

(d)          Digital Currency exchange platform ("dpBit Platform") (collectively the "dpBit Services").

2.           Creating a dpBit Account

2.1.     Registration of dpBit Account. In order to use any of the dpBit Services, you must first register by providing your name, an e-mail address, password, and affirming your acceptance of this Agreement. dpBit may, in our sole discretion, refuse to allow you to establish a dpBit Account, or limit the number of dpBit Accounts that a single user may establish and maintain at any time.

2.2.     KYC/AML Policies. In order to use the dpBit Services, you are required to provide dpBit with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update dpBit if any information changes. You hereby authorize dpBit to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

3.           Hosted Digital Currency Wallet

3.1.     In General. The Hosted Digital Currency Wallet services allow you to send supported Digital Currency to, and request, receive, and store supported Digital Currency from, third parties pursuant to instructions you provide through the dpBit Site (each such transaction is a "Digital Currency Transaction").dpBit reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. dpBit cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Digital Currencies that dpBit, in its sole discretion, decides to support. The Digital Currencies that dpBit supports may change from time to time. If you have any questions about which Digital Currencies dpBit currently supports, please visit . Under no circumstances should you attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that are not supported by dpBit. dpBit assumes no responsibility or liability in connection with any attempt to use dpBit Services for digital currencies that dpBit does not support.

3.2.     Digital Currency Transactions. dpBit processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to dpBit. In the event you initiate a Digital Currency Transaction by entering the recipient's email address and the recipient does not have an existing dpBit Account, dpBit will email the recipient and invite them to open a dpBit Account. If the designated recipient does not open a dpBit Account within 30 days, dpBit will return the supported Digital Currency associated with the transaction to your dpBit Account. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your dpBit Account balance or be available to conduct transactions. dpBit may charge network fees (miner fees) to process a Digital Currency transaction on your behalf. dpBit will calculate the network fee in its discretion, although dpBit will always notify you of the network fee at or before the time you authorize the transaction.

3.3.     Digital Currency Storage & Transmission Delays. dpBit securely stores all Digital Currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for dpBit to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by dpBit may be delayed.

3.4.     Third Party Payments. dpBit has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of dpBit Services). dpBit is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Currency transferred using the dpBit Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify dpBit at [insert e-mail] so that we may consider what action to take, if any.

3.5.     Advanced Protocols. Unless specifically announced on our website or through some other official public statement of dpBit, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency supported by dpBit (collectively, “Advanced Protocols”). Do not use your dpBit Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The dpBit platform is not configured to detect and/or secure Advanced Protocol transactions and dpBit assumes absolutely no responsibility whatsoever in respect to Advanced Protocols.

3.6.     Operation of Digital Currency Protocols. dpBit does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the dpBit Platform, you acknowledge and agree (i) that dpBit is not responsible for operation of the underlying protocols and that dpBit makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the dpBit Platform. In the event of a fork, you agree that dpBit may temporarily suspend operations (with or without advance notice to you) and that dpBit may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that dpBit assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.

4.           Conversion Services

4.1.     In General. Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Conversion Services. The Conversion Services are subject to the dpBit "Conversion Rate" for the given transaction. "Conversion Rate" means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the dpBit Site. The Conversion Rate is stated either as a "Buy Price" or as a "Sell Price," which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to dpBit. You acknowledge that the Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time, and that dpBit may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any dpBit Conversion Services, to accept the Conversion Rate as the sole conversion metric. dpBit reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. dpBit does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Currency from dpBit does not result in a guarantee that you may sell your supported Digital Currency to dpBit.

4.2.     Purchase Transactions. After successfully completing the Verification Procedures, you may purchase supported Digital Currency by linking a valid payment method. You authorize dpBit to initiate debits from your selected payment method(s) in settlement of purchase transactions. A Conversion Fee (defined below) applies to all purchase transactions. Although dpBit will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before Digital Currency is delivered to your dpBit Account. We will make best efforts to fulfill all transactions, but in the rare circumstance where dpBit cannot fulfill your purchase order, we will notify you and seek your approval to fulfill the purchase order at the contemporaneous Buy Price Conversion Rate. To secure the performance of your obligations under this Agreement, you grant to dpBit a lien on and security interest in and to the balances in your account.

4.3.     Sale Transactions. After successfully completing the Verification Procedures, you may sell supported Digital Currency by linking a valid payment method. You authorize dpBit to debit your dpBit Account(s) and initiate payments to your selected payment method(s) in settlement of sell transactions. An applicable Conversion Fee (defined below) applies to all sale transactions. Your receipt of funds will depend on the payment type, and may take up to three or more business days.

4.4.     Conversion Fees. Each Conversion Service transaction is subject to a fee (a "Conversion Fee"). The applicable Conversion Fee is displayed to you on the dpBit Site prior to you completing a Conversion Service transaction. dpBit will not process a conversion transaction if the Conversion Fee and any other associated fees, such as wire transfer fees, would exceed the value of your transaction. Payments using other methods not described below, such as wire (if permitted), are subject to different transaction fees disclosed to you before you authorize the transaction.The availability of each Payment Method depends on a number of factors, including but not limited to your location, the identification information you have provided to us, and limitations imposed by third party payment processors.

You can view the current fee applicable to your location and payment method at our Fees page.

dpBit reserves the right to adjust its Conversion Fees and any applicable waivers at any time. We will always notify you of the Conversion Fee which applies to your transaction, both at the time of the transaction and in each receipt we issue to you.

4.5.     Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize dpBit, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including dpBit balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. dpBit reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if dpBit suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if dpBit reasonably suspects that the transaction is erroneous; or if dpBit suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, dpBit will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.

4.6.     Payment Services Partners. dpBit may use a third-party payment processor to process any Fiat Currency payment between you and dpBit, including but not limited to payments in relation to your use of the Conversion Service or deposits or withdrawals from your Currency Wallet or dpBit Account.

5.           Currency Wallet

5.1.     Currency Wallets. Certain approved users may establish and fund one or more Currency Wallets to facilitate transactions on the dpBit Platform. You are the owner of the balance of each of your Currency Wallets. dpBit holds the balance of your Currency Wallets in dedicated custodial accounts with financial institutions. All funds held in a Currency Wallet are held on trust by dpBit for the benefit of the user.

5.2.     Deposits and Withdrawals. You may initiate a transfer from your bank account to fund a Currency Wallet. Fees may apply to deposits and withdrawals from your Currency Wallet. All fees will be clearly disclosed in your dpBit account.

For deposits, dpBit will credit your Currency Wallet a corresponding amount of Fiat Currency after funds are delivered to dpBit, typically within two to three business days after you authorize a deposit. For withdrawals, dpBit will immediately debit your Currency Wallet when you authorize a withdrawal and funds will typically settle to you within two to three business days. Bank fees are netted out of transfers to or from dpBit. We will not process a transfer if associated bank fees exceed the value of the transfer.

6.           General Use, Prohibited Use, and Termination

6.1.     Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the dpBit Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by dpBit from time to time. Any other use of the dpBit Site or Content is expressly prohibited and all other right, title, and interest in the dpBit Site or Content is exclusively the property of dpBit and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "dpBit.com", "dpBit", and all logos related to the dpBit Services or displayed on the dpBit Site are either trademarks or registered marks of dpBit or its licensors. You may not copy, imitate or use them without dpBit's prior written consent.

6.2.     Website Accuracy. Although we intend to provide accurate and timely information on the dpBit Site, the dpBit Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the dpBit Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the dpBit Site.

6.3.     Third-Party Applications. If, to the extent permitted by dpBit from time to time, you grant express permission to a third party to access or connect to your dpBit Account, either through the third party's product or service or through the dpBit Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your dpBit Account. Further, you acknowledge and agree that you will not hold dpBit responsible for, and will indemnify dpBit from, any liability arising out of or related to any act or omission of any third party with access to your dpBit Account.

6.4.     Prohibited Use. In connection with your use of the dpBit Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your dpBit Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.

6.5.     Transactions Limits. The use of all dpBit Services is subject to a limit on the amount of volume, stated in Thai Baht, you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. dpBit reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at . We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with dpBit staff (such process, "Enhanced Due Diligence"). dpBit reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

6.6.     Suspension, Termination, and Cancellation. dpBit may: (i) suspend, restrict, or terminate your access to any or all of the dpBit Services, and/or (ii) deactivate or cancel your dpBit Account if:

(a)          We are so required by a facially valid subpoena, court order, or binding order of a government authority; or

(b)          We reasonably suspect you of using your dpBit Account in connection with a Prohibited Use or Business; or

(c)           Use of your dpBit Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or

(d)          Our service partners are unable to support your use; or

(e)          You take any action that dpBit deems as circumventing dpBit's controls, including, but not limited to, opening multiple dpBit Accounts or abusing promotions which dpBit may offer from time to time.

(f)            You breach any of our policies or instructions that are notified to users from time to time.

If dpBit suspends or closes your account, or terminates your use of dpBit Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits dpBit from providing you with such notice. You acknowledge that dpBit's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to dpBit's risk management and security protocols. You agree that dpBit is under no obligation to disclose the details of its risk management and security procedures to you.

If dpBit suspends or closes your account, or terminates your use of dpBit Services for any reason, dpBit reserves the right to require you to complete the Verification Procedures before permitting you to transfer or withdraw Digital Currency or Fiat Currency.

You may cancel your dpBit Account at any time by withdrawing all balances and visiting . You will not be charged for canceling your dpBit Account, although you will be required to pay any outstanding amounts owed to dpBit. You authorize us to cancel or suspend any pending transactions at the time of cancellation.

6.7.     Relationship of the Parties. dpBit is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and dpBit to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or dpBit to be treated as the agent of the other.

6.8.     Privacy of Others; Marketing. If you receive information about another user through the dpBit Services, you must keep the information confidential and only use it in connection with the dpBit Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the dpBit Services.

6.9.     Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the dpBit Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your dpBit Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your dpBit Account and any associated accounts, including any linked bank account(s) and credit card(s). You are responsible for keeping your email address and contact information up to date in your account profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of dpBit and/ or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your dpBit Account information has been compromised, contact us immediately at .

6.10.  Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the dpBit Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your dpBit Account.

6.11.  Unclaimed Property. If dpBit is holding funds in your account, and dpBit is unable to contact you and has no record of your use of the Services for several years, applicable law may require dpBit to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, dpBit will try to locate you at the address shown in our records, but if dpBit is unable to locate you, it may be required to deliver any such funds to the applicable or jurisdiction as unclaimed property. dpBit reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

7.           Customer Feedback, Queries, Complaints, and Dispute Resolution

7.1.     Contact dpBit. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at  or write to us at dpBit Co., Ltd., 89 AIA Capital Center Tower, 20th floor, Suite No. 2058, Ratchadapisek Road, Din Daeng, Din Daeng, Bangkok.

When you contact us please provide us with your name, address, and any other information we may need to identify you, your dpBit Account, and the transaction on which you have feedback, questions, or complaints.

8.           General Provision

8.1.     Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from dpBit. Always log into your dpBit Account through the dpBit Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

8.2.     Release of dpBit; Indemnification. If you have a dispute with one or more users of the dpBit services, you release dpBit, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold dpBit, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

8.3.     Limitation of Liability. IN NO EVENT SHALL dpBit, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR dpBit ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE dpBit SITE OR THE dpBit SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF dpBit HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT dpBit FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE dpBit SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, dpBit SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. dpBit DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE dpBit SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

dpBit makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. dpBit will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but dpBit makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

8.4.     Entire Agreement. This Agreement, the Privacy Policy, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and dpBit as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and dpBit. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

8.5.     Amendments. We may amend or modify this Agreement by posting on the dpBit Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the dpBit Services, or suspension or termination of your access to the dpBit Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.

8.6.     Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any dpBit affiliates or subsidiaries, or to any successor in interest of any business associated with the dpBit Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

8.7.     Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

8.8.     Change of Control. In the event that dpBit is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

8.9.     Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, dpBit Account cancellation, debts owed to dpBit, general use of the dpBit Site, disputes with dpBit, and general provisions, shall survive the termination or expiration of this Agreement.

8.10.  Governing Law. This Agreement will be governed by Thai law and the exclusive jurisdiction of the Thai courts.

8.11.  Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.


APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE

Prohibited Use

You may not use your dpBit Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. By opening a dpBit Account, you confirm that you will not use your Account to do any of the following:

  • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, as enforced in Thailand or any other countries where dpBit conducts business, or which would involve proceeds of any unlawful activity; or activity which involves the publication, distribution or dissemination of any unlawful material or information
  • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the dpBit Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the dpBit Site, other dpBit Accounts, computer systems or networks connected to the dpBit Site, through password mining or any other means; use dpBit Account information of another party to access or use the dpBit Site, or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of dpBit
  • Abuse Other Users: Interfere with another individual's or entity's access to or use of any dpBit Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the dpBit Site about others, including without limitation email addresses, without proper consent
  • Fraud: Activity which operates to defraud dpBit, dpBit users, or any other person; provide any false, inaccurate, or misleading information to dpBit
  • Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
  • Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of dpBit intellectual property, name, or logo, including use of dpBit trade or service marks, without express consent from dpBit or in a manner that otherwise harms dpBit or the dpBit brand; any action that implies an untrue endorsement by or affiliation with dpBit

Prohibited Businesses

In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from dpBit Services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of dpBit Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at .

By opening a dpBit Account, you confirm that you will not use dpBit Services in connection with any of following businesses, activities, practices, or items:

  • Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes
  • Restricted Financial Services: Check cashing, bail bonds; collections agencies.
  • Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder
  • Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen
  • Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials
  • Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
  • Pseudo-Pharmaceuticals:  Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
  • Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
  • Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features
  • Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs
  • Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
  • High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates bank policies

Conditional Use

Express written consent and approval from dpBit must be obtained prior to using dpBit Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at . dpBit may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use dpBit Services in connection with any of following businesses, activities, or practices:

  • Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the dpBit Services
  • Charities: Acceptance of donations for nonprofit enterprise
  • Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize
  • Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization

 

APPENDIX 2: AML/KYC PROCEDURES

Introduction

This Anti-Money Laundering (AML) and Know Your Customer (KYC) Policy (hereinafter the “AML/KYC Policy”) is designated to prevent and mitigate possible risks of dpBit Co., Ltd. (hereinafter “dpBit”) being involved in any kind of illegal activity.

Although dpBit is not subject to local AML legislation in Thailand, dpBit nevertheless intends to implement effective internal procedures and mechanisms to prevent money laundering, terrorist financing, drug and human trafficking, proliferation of weapons of mass destruction, corruption and bribery and to take action in case of any form of suspicious activity from its Users.

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AML/KYC Policy covers the following matters:

  1. Verification procedures.
  2. Compliance Officer.
  3. Monitoring Transactions.
  4. Risk Assessment.

1.           Verification procedures

One of the international standards for preventing illegal activity is customer due diligence (“CDD”). According to CDD, dpBit establishes its own verification procedures within the standards of AML and KYC frameworks.

1.1.     Identity verification

dpBit’s identity verification procedure requires the User to provide dpBit with reliable, independent source documents, data or information (e.g., national ID, international passport, bank statement, utility bill). For such purposes dpBit reserves the right to collect User’s identification information for the AML/KYC Policy purposes.

dpBit will take steps to confirm the authenticity of documents and information provided by the Users. All legal methods for double-checking identification information will be used and dpBit reserves the right to investigate certain Users who have been determined to be risky or suspicious.

dpBit reserves the right to verify User’s identity in an on-going basis, especially when their identification information has been changed or their activity seemed to be suspicious (unusual for the particular User). In addition, dpBit reserves the right to request up-to-date documents from the Users, even though they have passed identity verification in the past.

User’s identification information will be collected, stored, shared and protected strictly in accordance with the dpBit’s Privacy Policy and related regulations.

Once the User’s identity has been verified, dpBit is able to remove itself from potential legal liability in a situation where its Services are used to conduct illegal activity.

1.2.     Card verification

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

2.           Compliance Officer

The Compliance Officer is the person, duly authorized by dpBit, whose duty is to ensure the effective implementation and enforcement of the AML/KYC Policy. It is the Compliance Officer’s responsibility to supervise all aspects of dpBit’s anti-money laundering and counter-terrorist financing, including but not limited to:

(a)          Collecting Users’ identification information

(b)          Establishing and updating internal policies and procedures for the completion, review, submission and retention of all reports and records required under the applicable laws and regulations

(c)           Monitoring transactions and investigating any significant deviations from normal activity.

(d)          Implementing a records management system for appropriate storage and retrieval of documents, files, forms and logs.

(e)          Updating risk assessment regularly

(f)            Providing law enforcement with information as required under the applicable laws and regulations

2.           The Compliance Officer is entitled to interact with law enforcement, which are involved in prevention of money laundering, terrorist financing and other illegal activity.

3.           Monitoring Transactions

The Users are known not only by verifying their identity (who they are) but, more importantly, by analyzing their transactional patterns (what they do). Therefore, dpBit relies on data analysis as a risk-assessment and suspicion detection tool. dpBit performs a variety of compliance-related tasks, including capturing data, filtering, record-keeping, investigation management, and reporting. System functionalities include:

(a)          Daily check of Users against recognized “black lists” (e.g. OFAC), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable;

(b)          Case and document management.

With regard to the AML/KYC Policy, dpBit will monitor all transactions and it reserves the right to:

(a)          ensure that transactions of suspicious nature are reported to the proper law enforcement through the Compliance Officer;

(b)          request the User to provide any additional information and documents in case of suspicious transactions;

(c)           suspend or terminate User’s Account when dpBit has reasonably suspicion that such User engaged in illegal activity.

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

5.           Risk Assessment

dpBit, in line with the international requirements, has adopted a risk-based approach to combating money laundering and terrorist financing. By adopting a risk-based approach, dpBit is able to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate to the identified risks. This will allow resources to be allocated in the most efficient ways. The principle is that resources should be directed in accordance with priorities so that the greatest risks receive the highest attention.

 
APPENDIX 3: DATA PRIVACY POLICY

dpBit PRIVACY POLICY

This Privacy Policy describes how dpBit Co., Ltd. ("dpBit") collects, uses, stores, shares, and protects your information whenever you use dpBit.com, a dpBit mobile app, any dpBit API or third party applications relying on such an API (the "dpBit Site") or any dpBit Services. By using the dpBit Site and dpBit Services, you consent to the data practices prescribed in this statement. We may periodically post changes to this Privacy Policy on this page, and it is your responsibility to review this Privacy Policy frequently and we encourage you to visit this page often. When required by law, we will notify you of any changes to this Privacy Policy.

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HOW WE COLLECT INFORMATION ABOUT YOU

When you use dpBit Services, we collect information sent to us through your computer, mobile phone, or other access device. This information may include your IP address, device information including, but not limited to, identifier, device name and type, operating system, location, mobile network information, and standard web log information, such as your browser type, traffic to and from our site, and the pages you accessed on our website. dpBit does not intentionally collect information from or about any individual who is under 18 years old.

If you create an account or use dpBit Services, we, or our affiliates vendors acting on our behalf may collect the following types of information:

  • Contact information - your name, address, phone, email, Skype ID, and other similar information; and
  • Financial information - the full bank account and routing numbers and/or credit card numbers that you link to your dpBit Account or input when you use paid dpBit Services. If you do not use the dpBit Conversion Service, you may opt out of providing this information.

If you seek permissions to raise Digital Currency buy and sell limits associated with your dpBit Account, we may require you to provide additional information which we may use in collaboration with service providers acting on our behalf to verify your identity or address, and/or to manage risk. This information may include your date of birth, taxpayer or government identification number, a copy of your government-issued identification, or other personal information. We may also obtain information about you from third parties such as credit bureaus and identity verification services.

When you use dpBit Services, we collect information about your transactions and/or your other activities on our website and we may continuously collect information about your computer, mobile device, or other access device for fraud prevention purposes, to monitor for possible breach of your dpBit Account, and to identify any malicious software or other activity that may harm dpBit or its users.

You may choose to provide us with access to certain personal information stored by third parties such as social media sites (such as Facebook and Twitter). The information we have access to varies by site and is controlled by your privacy settings on that site and your authorization. By associating an account managed by a third party with your dpBit account and authorizing dpBit to have access to this information, you agree that dpBit may collect, store, and use this information in accordance with this Privacy Policy.

Finally, we may collect additional information you may disclose to our customer support team.

HOW WE USE COOKIES

When you access our website or content or use our application or dpBit Services, we or companies we work with may place small data files called cookies or pixel tags on your computer or other device. We use these technologies to:

  • Recognize you as a dpBit customer;
  • Customize dpBit Services, content, and advertising;
  • Measure promotional effectiveness; and
  • Collect information about your computer or other access device to mitigate risk, help prevent fraud, and promote trust and safety.

We use both session and persistent cookies when you access our website or content. Session cookies expire and no longer have any effect when you log out of your account or close your browser. Persistent cookies remain on your browser until you erase them or they expire.

We also use Local Shared Objects, commonly referred to as "Flash cookies," to help ensure that your account security is not compromised, to spot irregularities in behavior to help prevent fraud, and to support our sites and services.

We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if your browser or browser add-on permits, but doing so may interfere with your use of dpBit Services. The help section of most browsers or browser add-ons provides instructions on blocking, deleting, or disabling cookies.

You may encounter dpBit cookies or pixel tags on websites that we do not control. For example, if you view a web page created by a third party or use an application developed by a third party, there may be a cookie or pixel tag placed by the web page or application. Likewise, these third parties may place cookies or pixel tags that are not subject to our control and the dpBit Privacy Policy does not cover their use.

HOW WE PROTECT AND STORE PERSONAL INFORMATION

Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. This Privacy Policy does not apply to personal information that has been anonymized so that it does not and cannot be used to identify a specific user. dpBit takes reasonable precautions, as described herein, to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

We store and process your personal and transactional information, including certain payment information, where dpBit facilities or our service providers are located, and we protect it by maintaining physical, electronic, and procedural safeguards in compliance with applicable laws. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities. Full credit card data is securely transferred and hosted off-site by a payment vendor in compliance with Payment Card Industry Data Security Standards (PCI DSS). This information is not accessible to dpBit staff.

We store our customers' personal information securely throughout the life of the customer's dpBit Account. dpBit will retain your personal information for a minimum of five years or as necessary to comply with our legal obligations or to resolve disputes.

HOW WE USE THE PERSONAL INFORMATION WE COLLECT

Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:

  • Provide dpBit Services and customer support you request;
  • Process transactions and send notices about your transactions;
  • Resolve disputes, collect fees, and troubleshoot problems;
  • Prevent and investigate potentially prohibited or illegal activities, and/or violations of our posted user terms;
  • Customize, measure, and improve dpBit Services and the content and layout of our website and applications;
  • Deliver targeted marketing, service update notices, and promotional offers based on your communication preferences; and
  • Verify your identity by comparing your personal information against third-party databases.

We will not use your personal information for purposes other than those purposes we have disclosed to you, without your permission. From time to time we may request your permission to allow us to share your personal information with third parties. You may opt out of having your personal information shared with third parties, or from allowing us to use your personal information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your authorization. If you choose to so limit the use of your personal information, certain features or dpBit Services may not be available to you.

MARKETING

We will never sell or rent your personal information to third parties.

Any communications we send to you will either be related to your account or will be related to dpBit services or products. In the event dpBit sends any communication to you which is not related specifically to your account, dpBit will provide you with an "unsubscribe" mechanism through which you may opt out of receiving other similar messages in the future.

HOW PERSONAL INFORMATION IS SHARED WITH OTHER dpBit USERS

If you use your dpBit Account to transfer Digital Currency in connection with the purchase or sale of goods or services, we or you may also provide the seller with your shipping address, name, and/or email to help complete your transaction with the seller. The seller is not allowed to use this information to market their services to you unless you have agreed to it. If an attempt to transfer Digital Currency to your seller fails or is later invalidated, we may also provide your seller with details of the unsuccessful transfer. To facilitate dispute resolutions, we may provide a buyer with the seller's address so that goods can be returned to the seller.

In connection with a Digital Currency transfer between you and a third party, including merchants, a third party may share information about you with us, such as your email address or mobile phone number which may be used to inform you that a transfer has been sent to or received from the third party. We may use this information in connection with such transfers to confirm that you are a dpBit customer, that Digital Currency transfers are enabled, and/or to notify you that you have received Digital Currency. If you request that we validate your status as a dpBit customer with a third party, we will do so. You may also choose to send Digital Currency to or request Digital Currency from an email address. In such cases, your user name will be displayed in an email message notifying the user of the designated email address of your action. Please note that merchants you interact with may have their own privacy policies, and dpBit is not responsible for their operations, including, but not limited to, their information practices.

If you authorize one or more third-party applications to access your dpBit account, then information you have provided to dpBit may be shared with those third parties. Unless you provide further authorization, these third parties are not allowed to use this information for any purpose other than to facilitate your transactions using dpBit services.

HOW WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES

We may share your personal information with:

  • Third party identity verification services in order to prevent fraud. This allows dpBit to confirm your identity by comparing the information you provide us to public records and other third-party databases. These service providers may create derivative data based on your personal information that can be used solely in connection with provision of identity verification and fraud prevention services;
  • Service providers under contract who help with parts of our business operations such as bill collection, marketing, and technology services. Our contracts require these service providers to only use your information in connection with the services they perform for us, and prohibit them from selling your information to anyone else;
  • Financial institutions with which we partner;
  • Companies or other entities that we plan to merge with or be acquired by. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. You will receive prior notice of any change in applicable policy;
  • Companies or other entities that purchase dpBit assets pursuant to a court-approved sale under bankruptcy law;
  • Law enforcement, government officials, or other third parties when:
    • We are compelled to do so by a subpoena, court order, or similar legal procedure; or
    • We believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement; and
  • Other third parties with your consent or direction to do so.

Before dpBit shares your information with any third party that is not acting as an agent to perform tasks on behalf of and under the instructions of dpBit, dpBit will enter into a written agreement requiring that the third party to provide at least the same level of privacy protection as required hereunder.

If you establish a dpBit account indirectly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on a dpBit website) will be shared with the owner of the third party website or application and your information may be subject to their privacy policies.

In general, we will notify you of material changes to this policy by updating the last updated date at the top of this page, and we will provide you with explicit notice of material changes as required by law. We recommend that you visit this page frequently to check for changes.

SPECIFIC CONSENT BY USERS IN THE EUROPEAN ECONOMIC AREA

If you are located in, or a resident of, the European Economic Area ("EEA"), you specifically and voluntarily consent to the transfer of your personal information to our related entity and service providers in Thailand, for the specific purposes of performing identity verification or checking, to enable us to prevent fraud and comply with our legal obligations.

Thailand may not have protections in place for personal data as extensive as those within the EEA. However, we will treat your personal information in strict confidence and use appropriate security measures to protect it. We will also uphold the standards of the European Union's Directive on Data Protection, and all of our other obligations under this Privacy Policy.

You may revoke your consent to this section at any time by emailing with the subject line "Revoke EEA data consent".

SPECIFIC CONSENT BY USERS IN SINGAPORE

If you are located in, or a resident of, Singapore, you specifically and voluntarily consent to the transfer of your personal information to our related entity and service providers in Thailand, for the specific purposes of performing identity verification or checking, to enable us to prevent fraud and comply with our legal obligations.

Thailand may not have protections in place for personal data as extensive as those within Singapore. However, we will treat your personal information in strict confidence and use appropriate security measures to protect it. We will also uphold all of our other obligations under this Privacy Policy.

You may revoke your consent to this section at any time by emailing  with the subject line "Revoke Singapore data consent".

HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION

You are entitled to review, correct, or amend your personal information, or to delete that information where it is inaccurate, and you may do so at any time by logging in to your account. This right shall only be limited where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than you would be violated. If you close your dpBit account, we will mark your account in our database as "Closed," but will keep your account information in our database for a period of time described above. This is necessary in order to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new account. However, if you close your account, your personally identifiable information will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Privacy Policy.