General Terms and Conditions
Ilium S.A.S. (“Ilium”) is a simplified joint stock company (Société par Action Simplifiée) registered with the METZ Trade and Companies Register under number 831 069 729.
Some of the services and products offered by Cruxpool/Ilium are not subject to registration or approval requirements.
I. Purpose
These General Terms and Conditions (hereafter “General Terms and Conditions”) define the conditions of access to Cruxpool Website and the operation of the Website located at https:/www.cruxpool.com, and inform Users of the means available to them to use it. Cruxpool is a copyrighted work owned by Iliium S.A.S. Some features of the Website may be subject to additional guidelines, conditions or rules, and the General Terms and Conditions may be supplemented, where appropriate, by specific terms of use for certain Services. In case of contradiction, the special terms and conditions prevail over these General Terms and Conditions.
To be able to use one of the Services offered by Ilium via its Cruxpool Website, the User and/or Customer must be at least 18 years of age and reside in a country in which the Cruxpool Services concerned are accessible. Please note that not all Cruxpool Services are available in all countries. If you do not agree with any of the provisions of these General Terms and Conditions, we ask you not to log in and/or use the services offered by Cruxpool.
These General Terms and Conditions can be accessed and printed at any time via a direct link on the Cruxpool website. They may also be communicated via e-mail to Users and/or Customers on request to the address support@ilium.co
II. General provisions
Cruxpool/Ilium reserves the right to change or modify these General Terms and Conditions at its discretion and at any time. Cruxpool/Ilium will notify such changes by updating the General Terms and Conditions on its Website (https://cruxpool.com/terms-of-use) and by changing the date of last revision displayed on this page. All modifications or changes to these General Terms and Conditions take effect upon publication on the website or communication to Users. Before using the Products and Services made available by Cruxpool/Ilium, the User is requested to carefully read the General Terms and Conditions. By selecting “I accept the General Terms and Conditions”, accessing the Website, using Cruxpool/Ilium’s services and products, the User acknowledges having read these General Terms and Conditions and agrees to be bound by them. Therefore, the continued use of Cruxpool/Ilium’s Services and Products by the User is deemed to be his/her acceptance of the modified agreement and rules.
These General Terms and Conditions apply without restriction, reservation or time limit to any use of the Cruxpool/ILIUM Site and Services.
If you do not agree with the changes to these General Terms and Conditions, you must immediately stop using the Cruxpool/Ilium Services. You are also advised to review these General Terms and Conditions frequently to ensure that you understand the conditions that apply to your access to and use of the Cruxpool/Ilium Services.
III. Definitions
“Digital Asset”: Virtual Digital Assets that rely on Blockchain technology through a decentralised registry and an encrypted computer protocol.
“Blockchain”: Blockchain is a technology for storing and transmitting information with high standards of transparency and security, and without a central controlling body.
“Customer”: A natural person or legal entity who, acting on their own behalf, purchases a Product and/or Service through the Cruxpool website and is bound by a dedicated contract.
“User Content”: means content and information provided by the User.
“KYC” (Know Your Customer): The steps to be taken to identify the Customer in the context of the application of the regulations in force and the procedure for combating money laundering and the financing of terrorism.
“AML-CTF”: The fight against money laundering and the financing of terrorism within the meaning of the Monetary and Financial Code and in accordance with the regulations in force in France and in Europe, giving rise to the implementation of a dedicated system.
“Mining”: Mining is the use of computing power to secure the blockchain and generate new blocks.
“Product”: All hardware and software manufactured and/or developed by Cruxpool/Ilium under this brand and available for purchase on the Website.
“Website”: The website operated by Cruxpool/Ilium available at https:/www.cruxpool.com
“Service”: All Services offered by Cruxpool/Ilium and available on the Website.
“User”: A natural or legal person who uses the functions and Services offered on the Cruxpool Website.
“Wallet”: Digital wallet to store Digital Assets.
IV. Access to the Website
Subject to these General Terms and Conditions, Cruxpool/Ilium grants you a non-transferable, non-exclusive, revocable, limited license to access the Website solely for your personal, non-commercial use.
4.1. Warnings:
Digital Assets are found in decentralised markets that are little or partially regulated. Cruxpool/Ilium draws the User’s attention to the high risks involved in the use of Digital Assets, in particular the risk of losing all or part of the amounts invested through the possession of Digital Assets, and this may not be suitable for all Users. The prices of Digital Assets are extremely volatile and may be affected by external factors (e.g. regulations, policies or events in the financial environment). The User must therefore take into account his/her objectives, level of experience and risk tolerance with regard to the Digital Assets. It is important for the User to understand all risks related to Blockchain and Digital Assets before using the Cruxpool Services. The User acknowledges that he/she fully understands these risks before using the Cruxpool Services or deciding to acquire Mining equipment. Cruxpool/Ilium shall in no way be liable for the User’s mining equipment, nor for its maintenance or wear and tear in connection with its use by the User for activities such as Mining.
The Services offered by Cruxpool/Ilium are based on Blockchain technology and the technology underlying each Blockchain (e.g. Ethereum) which are independent and not subject to the control of Cruxpool/Ilium. Any malfunction, error, fault, breach or unexpected operation of the Blockchain may result in the loss or diminution of the value of the Digital Assets or an error in the processing, either unexpectedly or unintentionally. Cruxpool/Ilium cannot be held responsible for any of these malfunctions.
The User is also aware that he/she is subject to the tax regulations of its jurisdiction and is fully responsible for any declaration and payment of any tax due to the relevant tax authority as required by applicable law. Ilium is under no obligation to indemnify the User in respect of his/her tax obligations and will not provide him/her with advice on tax matters.
Cruxpool/Ilium draws the User’s attention to the uncertainty of tax legislation relating to Digital Assets as well as to future tax consequences or developments that are still unknown at the date of revision of these General Terms and Conditions, for which Cruxpool/Ilium cannot be held liable.
4.2. Restrictions:
The rights granted to the User in these General Terms and Conditions are subject to the following restrictions:
- Use Cruxpool and the services offered in good faith;
- Do not violate or breach the terms of this Cruxpool General Terms and Conditions, the Privacy Policy, or any applicable law in any relevant jurisdiction;
- Do not commit, conduct or carry out any misrepresentation, fraud, malicious act or criminal activity;
- Do not provide false, inaccurate, incomplete, outdated or misleading information;
- Do not interfere with, intercept or expropriate our network, system, data or information;
- Do not transmit or upload a virus or other malicious software or program, or attempt to gain unauthorized access to the accounts, Site, network or systems of other Users such as Wallets;
- Do not decompile, reverse engineer or disassemble any of Cruxpool’s programs, systems or products, or in any way violate the intellectual property rights and/or those of our partners;
- Do not to create or run any programs or scripts for the purpose of scraping, indexing, monitoring or data-mining any part of our programs, systems or products, or to interfere unduly with the operation and/or functionality of any aspect of Cruxpool’s services and products;
- Do not to sell, rent, transfer, assign, distribute, host or otherwise exploit the Site for commercial purposes;
- Do not access the Website to build a similar or competing website. Except as expressly provided herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, except as expressly provided herein, and any future versions, updates or other additions to the functionality of the Website shall be subject to these General Terms and Conditions. All copyright and other proprietary notices contained on the Website must be retained on all copies of the Website.
Cruxpool/Ilium reserves the right to modify, suspend or discontinue the Website with or without notice. The User agrees that Cruxpool/Ilium shall not be liable to the User or any third party for any modification, interruption or termination of the Website or any part thereof.
4.3. Support or maintenance:
The User understands and accepts that Cruxpool/Ilium is under no obligation to provide support in connection with the Website.
To the exclusion of any User content that the User may provide, the User is aware that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Website and its content are owned by Cruxpool/Ilium or its suppliers. These General Terms and Conditions and access to the Website do not give the User any right, title or interest in or to any intellectual property rights, except for the limited access rights expressed in these General Terms and Conditions. Cruxpool/Ilium and its suppliers reserve all rights not granted in these conditions.
4.4. Third party links and other Users:
Third party links and advertisements:
The Website may contain links to third party websites and services, and/or display advertisements for third parties. These third party links and advertisements are not under the control of Cruxpool/Ilium, and Cruxpool/Ilium is not responsible for these third party links and advertisements. Cruxpool/Ilium provides access to these third party links and advertisements only as a convenience to the User, and does not review, approve, monitor, endorse, guarantee or make any representations regarding the third party links and advertisements. The User uses all third party links and advertisements at his/her own risk and must exercise caution and discretion. When the User clicks on any of the third party links and advertisements, the terms and policies of the relevant third party apply, including the third party’s privacy and data collection practices.
Each User of the Website is solely responsible for his/her own User content. Since Cruxpool/Ilium do not control User Content, the User acknowledges and agrees that Cruxpool/Ilium is not responsible for any User Content, whether provided by the User or others. The User agrees that Cruxpool/Ilium shall not be liable for any loss or damage incurred as a result of such interactions. In the event of a dispute between the User and another User of the Site, Cruxpool/Ilium is not obliged to become involved.
V. Access conditions and registration for certain Cruxpool services
The Cruxpool website and access to its services is reserved for persons of legal age and capacity. Access is forbidden to minors.
In order to be able to access certain services offered by Cruxpool, registration of the User may be required. Cruxpool/Ilium shall accept the registration request of any User. Cruxpool/Ilium reserves the right to refuse the registration of any User who does not meet the required conditions such as good character, the regulatory conditions in force or any other element that contravenes the applicable regulatory conditions to which Cruxpool/Ilium is subject, without compensation or possible recourse and without Cruxpool/Ilium being obliged to justify its refusal to register the User.
The User undertakes to provide the information provided to Cruxpool in good faith. The user undertakes to provide Cruxpool with the necessary information without delay in the event of changes to the information provided at the time of registration by making these changes himself via the space dedicated to his personal account or by contacting Cruxpool by e-mail.
The User undertakes not to create or use accounts other than the one he/she initially created, either for his/her own account or for a third party. The creation of additional accounts under the User’s own identity or that of a third party without the explicit and specific authorisation of Cruxpool/Ilium to the User who has previously requested it, may result in the immediate suspension of the User’s account.
The User and/or Customer may be suspended or blocked at any time by Ilium’s Compliance Department for reasons such as (i) the anti-money laundering and anti-terrorist financing procedure; (ii) the “know your customer” procedure; (iii) at the express request of the competent authorities; (iv) non-compliance with these General Terms and Conditions or the Special Terms and Conditions applying to certain products and services offered by Cruxpool/Ilium; (v) on the legitimate suspicion that the User and/or Customer is a victim of fraud, theft, cyber-attack, manipulation, extortion, violence or blackmail; (vi) due to conduct attributable to the User.
The suspended or blocked User and/or Customer will not be able to access Cruxpool’s Services and products temporarily or permanently. Cruxpool/Ilium cannot and will not be held liable for any consequences of any nature whatsoever resulting from or related to the blocking or suspension of the User and/or Customer.
Closing of the User Account:
The User may request the closure of his account at any time by sending an e-mail to [email protected] specifying that it is a request for the closure of an account and indicating the references of the account concerned as well as his surname, first names and e-mail address in the body of the e-mail.
The request will be processed by Cruxpool/Ilium within a reasonable time. The processing of the User’s Personal Data will be carried out in accordance with the regulations and legislation in force and the legal obligations that Cruxpool/Ilium must fulfil.
VI. Processing of Personal Data
Cruxpool/Ilium, as “Controller” of personal data (i.e. the entity that determines the purposes and means of processing personal data), collects and processes personal data (the “Personal Data”), i.e. any information about an identified or identifiable natural person relating to each User of the Services offered by Cruxpool/Ilium. The processing of Personal Data as described in these General Terms and Conditions applies to all Users, i.e. natural persons accessing or using the Cruxpool Website or services.
Cruxpool/Ilium’s Privacy and Data Protection Policy is available and accessible on the Cruxpool Website.
Cruxpool/Ilium processes Personal Data in accordance with applicable French and European legislation, in particular with Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, and Regulation 206/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (the “Applicable Regulation “).
In the context of the operation of the Website and the provision of the services offered, Cruxpool/Ilium collects and processes the following categories of Personal Data relating to Users, depending on the services they use or to which they have subscribed or are about to subscribe:
- personal identification data (e.g. name, first name, address);
- personal details (e.g. date of birth, gender);
- identification data issued by public services (e.g. ID card number, passport number);
- electronic identification data (e.g. e-mail address, IP address);
- biometric identification data (e.g. dynamic signature);
- data relating to the activity of the data subject (e.g. employment status);
- data relating to the Customer’s financial situation (e.g. income, wealth, assets);
- identification data on the blockchain (e.g. the public address of the wallet);
- transactions with Ilium/Cruxpool;
- data relating to habits and preferences (e.g. data collected from browsing the Website and using the online forms on the Site).
In order to fulfil its legal obligations with regard to the fight against money laundering and the financing of terrorism as well as its obligations of vigilance with regard to its Users and/or Customers (“know your customer”) and when strictly necessary, Cruxpool/Ilium processes data relating to convictions and offences and the exercise of a public function.
With regard to the purpose of the processing of Personal Data, Cruxpool/Ilium processes or may process the User’s Personal Data according to the services to which he has subscribed or is about to subscribe:
- insofar as such processing is necessary for the provision of the service or the performance of a contract between Cruxpool/Ilium and the User and/or Customer or for the execution of pre-contractual measures taken at the request of the User and/or Customer. Personal Data are processed for the implementation, administration and management of the contractual relationship as well as for the updating of information concerning the User and/or Customer;
- to the extent that such processing is necessary to comply with a legal obligation to which Cruxpool/Ilium is subject, including, inter alia, anti-money laundering and anti-terrorist financing regulations; “know your customer” obligations, detection of fraudulent transactions, or any other legal obligation to which Cruxpool/Ilium is or may be subject under applicable regulations;
- insofar as such processing is necessary for Cruxpool/Ilium’s legitimate interest in providing quality services best suited to the needs of its Users and therefore for the purpose of developing commercial strategies, prospecting and marketing products and services promoted by Cruxpool/Ilium;
- insofar as such processing is necessary for Cruxpool/Ilium’s legitimate interest in ensuring the safety of its staff, Users and/or Customers and in protecting the property for which Cruxpool/Ilium is responsible, as well as to prevent all types of incidents and accidents.
The User who communicates to Cruxpool/Ilium Personal Data relating to third parties, for example family members, must be authorised to do so by these third parties and inform them that Cruxpool/Ilium processes Personal Data for the same purposes and in the same manner as set out in the section dedicated to the processing of Personal Data in these General Conditions.
Personal Data may be transferred by Cruxpool/Ilium to (i) external service providers whose intervention is necessary within the framework of the services provided to the User and/or Customer, (ii) external service providers whose intervention is necessary within the framework of Cruxpool/Ilium’s legal and regulatory obligations, in particular to get to “know its Customer”. These recipients of Personal Data are required to comply with legal and contractual obligations regarding the protection of Personal Data.
Cruxpool/Ilium only collects information that is necessary for the execution of the services to the User and/or Customer and for the fulfilment of its legal obligations. Personal Data is collected directly from the Customer (e.g. through a form when subscribing to a service) and from third parties (e.g. from certain national authorities depending on the services provided). Refusal to communicate Personal Data to Cruxpool/Ilium and the prohibition to process them is left to the discretion of the User and/or Customer, but could prevent the continuation of a relationship with Cruxpool/Ilium or the provision of certain products or services by Cruxpool/Ilium. Ilium/Cruxpool may also transfer Personal Data at the request of the User and/or Customer.
Each natural person has the following rights:
- A right of access to Data,
- A right to seek correction of incorrect Data,
- A right to object to the collection and processing of Data,
In case of exercise of the right to object, Cruxpool/Ilium will cease processing the Personal Data, unless there are compelling legitimate grounds for the processing, or for the establishment, exercise or defence of legal claims, in accordance with the Applicable Regulations.
- A right to the erasure of his/her Data,
- A right to limit the collection and processing of his/her Data,
- A right to the portability of his/her Data.
These rights can be exercised by contacting ILIUM, the company that collected the personal data, as follows.
By post, by writing to us at the following address:
4 rue Marconi,
METZ 57070
By e-mail: [email protected]
ILIUM shall send a reply within 1 month after the exercise of the right. In some cases, due to the complexity of the application or the number of applications, this period may be extended by 2 months.
Cruxpool/Ilium undertakes not to keep the User’s Personal Data beyond the period strictly necessary for the purposes of their processing and in accordance with the Applicable Regulations. Cruxpool/Ilium undertakes to archive or delete the User’s Personal Data as soon as the purpose and/or duration of its retention expires. These maximum periods as detailed in Cruxpool/Ilium’s Privacy and Confidentiality Policy apply unless the User requests deletion or cessation of processing of his/her Personal Data before the expiry of these periods.
VII. Cookies and Web Beacons
When using the Website and/or the services offered by Cruxpool/Ilium, information relating to the navigation of the User’s terminal may be recorded or consulted in cookie files installed on the User’s terminal, subject to the choices the User has expressed concerning cookies and which he may modify at any time. The User may also refer to the policy on cookies and other tracers available and accessible on the Cruxpool Website.