Terms and Conditions – Personal Tokens

§ 1. Definitions
In these Terms, the following terms have the following meanings, regardless of grammatical form, gender or number used:

PT-	Personal Tokens Platform can be found at personaltokens.io. The Platform allows for personal tokenization.
Personal tokenization -	Issueing a token using PT platform. When generating a token, it should contain the following characteristics: name of the token- being the first and last name of the publisher, 21 million tokens, 4 decimal, total supply remains with the publisher.
ETH -	Ethereum
Tokenization Form -	Form filled out by the Publisher, providing the specification of a given personal token;
Registration Form -	Form that the User has to fill out in order to create an Account.
Account -	IT solution enabling the User to use the PT.
User -	User using the PT in order to make full use of personal tokens.
Advertisement -	Advertisement on the Platform posted by the Publisher regarding services offered in return for personal tokens in his/her personal token profile on PT platform.
Platform -	IT solution made available by the Service Provider, enabling personal tokenization.
Terms and Conditions -	These Terms.
GDPR -	Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of persons with regard to the processing of personal data and of the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Smart Contract -	Smart contract on Ethereum blockchain created for the purpose of personal tokenization.
Token -	Personal token issued by the publisher.
Symbol -	Unique identifier of a personal token, contining 3-8 characters in length, at least one of which must be a letter.
Service provider	Personal Tokens Organisation DAO, personaltokens.aragonid.eth, 0x39641aFaD5Ec8A1fD2cDE4Cf46dd49D85B541abF
Users -	Publishers and Buyers.
Publisher -	The person issuing the Tokens.

§ 2. General Conditions

1. The Terms and conditions have been established by the Service Provider and specify in particular:
   1. types and scope of services provided electronically,
   2. conditions of providing services electronically,
   3. Service Provider’s rights and obligations related to providing access to the Platform,
   4. Users' rights and obligations according to the use of the Platform,
   5. principles of protection of personal data processed in connection with the use of the Platform by the Users,
   6. complaint proceedings,
   7. conditions of conclusion and termination of the Platform Agreements.
2. Electronic service provided by the Service Provider consists of:
   1. making the Platform available to Users, and
   2. making Smart Contracts available to Publishers.
3. Users are obliged to use the Platform in a manner consistent with the Terms and Conditions, and applicable law. They should respect the personal rights of third parties, as well as ensure that these principles are observed by those whom they authorize the use of the Platform.
4. Users acknowledge that they have read the Terms and Conditions before using the Platform.
5. Using the Platform is possible if the device for running the Platform meets the following minimum technical requirements:
   1. device with working Internet connection,
   2. Internet Explorer 11 or newer browser, Microsoft Edge, Safari 9 or newer, Mozilla Firefox 26 or newer, or Google Chrome 32 or newer.

§ 3. Functioning of the Platform

1. The Platform is made available through the website.
2. The Platform enables Publishers to place Advertisements with the content determined by them.
3. The Platform enables Buyers to read the Publishers' Advertisements, use and purchase personal tokens on the terms set out in the Terms and Conditions, and the Advertisements which correspond to any given publisher.
4. The Service Provider shall exercise due diligence in taking technical measures to ensure uninterrupted access to the Platform.
5. Users are obliged to not use the services provided by the Customer in order to upload or store unlawful content, including content that may infringe personal rights, copyrights, trademark rights and other exclusive rights.

§ 4. Creating the Publisher Account

1. In order to conclude the Platform Agreement and start using the Platform, the Publisher:
   1. fills out the Registration Form, allowing for the creation of their Account,
   2. verifies their account using their social media profile.
2. Upon the activation of the Account, the Service Provider and the Publisher shall conclude the Platform Agreement. The rules for the implementation of the Platform Agreement as well as the rights and obligations of the parties to this agreement are set out in the Terms and Conditions.
3. On the basis of the Platform Agreement, the Service Provider obliges themself to make the Platform available to the Publisher immediately after logging into the Platform, and the Publisher obliges themself to comply with the Terms and Conditions.
4. The Publisher obliges themself to immediately inform the Service Provider about any change to the data provided during registration.
5. The right to create an Account and use the Platform as a Publisher is limited to persons who have attained 13 years of age. By creating an Account, the Publisher declares that they have fulfilled this condition.
6. The Account is protected by a password created by the Publisher. The Publisher is obliged to keep the password confidential and has no right to provide access to the Account for third parties. The Service Provider shall not be liable for damages arising as a result of disclosure by the Publisher of data allowing for access to their Account by third parties, in particular the password.
7. Once the Account is activated, the Publisher may edit the Advertisements via the panel available after logging into the Account, unless the Service Provider and the Publisher decide otherwise.

§ 5. Personal Tokenization Process

1. The Publisher who has an active Account may perform personal tokenization.
2. In order to perform personal tokenization, the Publisher fills out the Tokenization Form, in which they indicate the offered Tokens, and specify their symbol. The personal tokenization form is available after logging into the Account.
3. The Smart Contract address of the personal token is automatically generated.
4. For the purpose of personal tokenization, based on the form, the Service Provider ensures that a prepared Smart Contract is available to the Publisher, created on the basis of parameters agreed in the Terms and Conditions regarding personal tokenization. Every personal token has its own Smart Contract.
5. The specification of the Publisher's personal token is:
   1. Total quantity: 21,000,000
   2. Divisibility (decimal point): 4
   3. Blockchain: Ethereum
   4. Symbol: given by the publisher
   5. Name: First and Last name of the publisher
6. The Publisher can not perform personal tokenization, including publishing an Advertisement that:
   1. violates the law,
   2. violates the rights of third parties,
   3. violates the Terms and Conditions.
7. Completed Personal Tokenization Forms are used by the Service Provider to carry out, based on the rules set out in § 9 of these Terms and Conditions, the evaluation of the Advert and personal tokenization in terms of their compliance with the law and Terms and Conditions, in particular:
   1. Compliance of personal data with the actual state,
   2. Non-violation of third parties’ copyrights by the Advertisement,
   3. Non-violation of third parties’ personal rights by the Advertisement,
   4. Non-violation of applicable law by the Advertisement.
8. In exchange for providing access to the Platform for Publishers, the Service Provider shall receive a remuneration consisting of:
   1. Variable and dependent on blockchain network capacity transaction fee, intended entirely to cover the launch of the smart contract.
   2. 1% of the publisher's personal tokens that are transferred to the address of the PERSON FUND contract.

§ 6. Giveaway

1. Once the tokens have been issued, the User may use the Giveaway function (hereinafter referred to as GA), which is the equivalent of offering a transfer of tokens to other users of the Personal Tokens Platform. The transfer of tokens occurs on a voluntary basis and constitutes a unilateral and non-equivalent forwarding of a specified amount of token units to the accounts of the Platform’s users who express willingness to accept the units.
2. In order to proceed with the GA, The Platform User organizes an Initial Giveaway (IGA). This is a necessary condition to unlock the GA functionality, as well as the possibility to launch the market after the IGA ends. The IGA consists of effectively transferring 10 000 tokens to 100 users (10 000 tokens/100 users = 100 tokens per user). Information about an IGA organized by a user is published on the home page in the “Giveaways” tab. The duration of carrying out an Initial Giveaway determines the token’s rank:
   1. Popular – 24h to carry out the operation (from the moment in which the GA is commenced to the moment in which all of the tokens in the pool are distributed). A “popular” token will be made to stand out by means of a badge icon in the list of tokens on the home page of the platform.
   2. Super Popular – 1h to carry out the operation (from the moment in which the GA is commenced to the moment in which all of the tokens in the pool are distributed). A “popular” token will be made to stand out by means of a badge icon in the list of tokens on the home page of the platform.
3. Having met the condition specified in paragraph 2, the user who performs the GA indicates the number of users whom he or she proposes to transfer the tokens to, determines the number of token units per user account, the duration of the GA, as well as indicates if he or she wants to have the offer displayed in the „Giveaways” tab on the home page of the Personal Tokens Platform or to propose participation in the GA to other users personally
   Establishing the aforementioned data is done by filling out a form.
   1. Depending on the offeror’s decision, the duration of the operation is defined by: setting up the date and time when the offer starts and ends or determining the end of the offer to be the moment in which the last token from the GA pool is transferred.
   2. The offeror may simultaneously carry out many GAs with different specifications (number of tokens, duration, etc.)
   3. The „Giveaways” tab refers to a part of the Platform which is intended solely to display all current GA offers of the Platform’s users.
4. 4. Filling in the form from par. 3 by the user who carries out the GA results in generating a link on his or her account, allowing the user to save a file that contains the number of units which he or she is giving away to the users who are accepting the tokens.
   In order for the receiving party to accept the tokens in the IGA and GA, it is necessary for him or her to meet these conditions:
   1. log in using a Google, LinkedIn, Twitter or Facebook account,
   2. join the offer by clicking „join”
   3. accept the terms and conditions of the Personal Tokens Platform by clicking „confirm”.
   1. Accepting a token means only that the user is agreeing to have an electronic record of the amount of tokens assigned to the designated address. The token does not oblige the user to any benefits on the Platform’s side, it does not institute a loan agreement nor does it legitimize the purchaser of the tokens to any claims against the Platform.
   2. The Platform is not liable for the legal consequences of declarations filed by token offerors nor the price of a token unit. Neither does the Platform guarantee profits from trading tokens.
   3. Users of the Platform are aware of tax liability resulting from trading tokens, in accordance with the revenue law in the user’s country of residence.

§ 7. Use of the Platform

1. In order to conclude the Platform Agreement and to start using the Platform, the user should log into the Platform through their account at another social networking site [i.e. Facebook, Google, LinkedIn, Twitter, MetaMask].
2. Once the user starts using the Platform through their account on another social networking site, the Service Provider and the User shall conclude the Platform Agreement. The rules for the implementation of the Platform Agreement as well as the rights and obligations of the parties in this agreement are set out in the Terms and Conditions.
3. On the basis of the Platform Agreement, the Service Provider obliges themselves to make the Platform available to the User immediately after logging into the Platform, and the User obliges themselves to follow the Terms and Conditions.
4. In exchange for providing access to the Platform for users, the Company does not charge any remuneration from users.

§ 8. Processing of personal data

1. Every User has the right to privacy protection by the Service Provider. The basic principles of providing this protection are given in the Privacy and Cookie Policy, available on the separate subpage on the Platform.
2. The Service Provider is the controller of personal data referred to in § 8 point 5 of the Terms and Conditions, within the meaning of art. 4(7) GDPR.
3. With regard to personal data referred to in § 8 point 7 of the Terms and Conditions, a data controller within the meaning of art. 4(7) GDPR is the Publisher.
4. The Service Provider processes the following data, acting as a collector of personal data:
   1. in relation to users:
      1. first and last name,
      2. e-mail address,
   2. in relation to Publishers:
      1. Publisher’s first and last name,
      2. Publisher's e-mail address,
      3. information indicated by the Publisher in the Personal Tokenization Form (Token Symbol)
      4. data contained in the Advertisement.
5. Acting as a controller of personal data, the Service Provider obliges themselves to process personal data only for the purpose of providing services to Users, in particular in order to:
   1. provide access to the Platform,
   2. evaluate Advertisements in terms of their compliance with legal provisions, rights of third parties, provisions of these Terms and Conditions, and Good Practice,
   3. perform and restore backups of the Platform/Accounts,
   4. test restoring backups of the Platform/Accounts in order to verify their correctness.
6. The Service Provider implements technical and organizational measures ensuring protection of the data processed, appropriate to the threats and categories of data protected in accordance with the requirements of art. 32-34 GDPR.
7. The Service Provider reserves the right to permanently delete the User's personal data on the terms set out in § 9.
8. If the Agreement is terminated and the Platform is no longer used, the anonymised data may be retained by the Service Provider.
9. The publisher acknowledges and agrees that the following personal data will be placed on Blockchain, as a consequence of which their change at the time of performing the smart contract will no longer be possible:
   1. Publisher’s first and last name
   2. Token symbol

§ 9. Proceedings on the refusal to publish the Advertisement, removal of the Advertisement and deletion of the User's personal data

1. The Service Provider evaluates the Advertisements and data contained in the Personal Tokenization Forms in terms of their compliance with:
   1. law,
   2. rights of third parties,
   3. provisions of these Terms and Conditions,
   4. ICO Good Practice.
2. In the event of a suspicion that the planned Advertisement may violate the law, rights of third parties, provisions of these Terms and Conditions or Good Practice, the Service Provider may, at their sole discretion, refuse publication of the Advertisement and provision of the Smart Contract for the Publisher or call upon the Publisher to make certain changes to the Advertisement.
3. In the event of a suspicion that the existing Advertisement violates the law, rights of third parties, provisions of these Terms and Conditions or ICO Good Practice, the Service Provider sends to the Publisher's Account a notification indicating the identified violation with a request to provide the relevant explanation and additional information through the Account within 5 days, or with a request to delete the Advertisement immediately.
4. The Service Provider has the right to delete the Advertisement if the Publisher:
   1. has not immediately deleted the Advertisement at the request of the Service Provider,
   2. has not sent explanation or additional information at the request of the Service Provider on time,
   3. has sent explanations that, in the opinion of the Service Provider, do not prove the compliance of the Advertisement with the law.
5. In the event of obtaining reliable information about the unlawful nature of the Advertisement or if the Advertisement blatantly violates the Good Practice, the Service Provider is entitled to immediately delete the Advertisement, without prior notice to the Publisher. In this case, the Service Provider provides the Publisher with information about the reasons for removing the Advertisement.
6. In the cases referred to in § 9 points 4 and 5 above, the Service Provider is also entitled to permanently delete the User's personal data.

§ 10. Complaint proceedings

1. Users have the right to make a complaint related to the use of the Platform to the following e-mail address: [email protected]
2. The complaint should contain at least the data of the User submitting it, as well as a description of the problem and an indication of the time and circumstances of its occurrence. It is also advisable to include technical information, i.e. the brand and model of the device used and, if necessary, the type and version of the web browser used.
3. The Service Provider will try to inform the individual logging the complaint about the manner of the consideration of the complaint as soon as possible. The Service Provider has the right to extend the time for the handling of complaints, on the condition that they inform the person logging the complaint within the time specified in the preceding sentence.
4. The Service Provider may request additional information from the person logging the complaint necessary to consider the complaint. The waiting time for submitting the information by the individual logging th complaint does not count towards the time of considering the complaint.
5. Any person has the right to report information about the unlawful nature of Advertisements. For this purpose, the reporting person should send a relevant notice with justification to the following address: [email protected]

§ 11. Service Provider's Limitation of Liability

1. Unless otherwise stated in these Terms and Conditions, regarding the provision of electronic services through the Platform, the Service Provider shall be liable in accordance with general principles.
2. The Service Provider shall not be liable for damages resulting from the use of the Platform by the User in a manner inconsistent with the Terms and Conditions or instructions provided by the Service Provider, as well as for damages resulting from or in connection with the termination of the Platform Agreement with the User.
3. The Service Provider shall not be liable for any disruptions in the operation of the Platform caused by:
   1. improper functioning of the User's Internet connection,
   2. improper operation of devices used by the User,
   3. improper functioning of the User's Internet browser for any reason,
   4. operation of third parties for which the Service Provider shall not be liable.
4. The Service Provider shall not be liable for the content of Advertisements and Tokens, in particular for compliance of Advertisements with the law.
5. The Service Provider shall not be liable for any damages incurred by the users in connection with the purchase of Tokens.
6. The Service Provider shall not be liable for any damages incurred by the users in connection with the change in the price of tokens.
7. The Publisher obliges themselves to release the Service Provider from any claims of third parties, including Buyers, in connection with Advertisements and Tokens.
8. The Service Provider shall not be liable for the operation of the Ethereum Blockchain, in particular for the correct transfer of ETH to the Smart Contract address and the correct transfer of Tokens to users.
9. The Service Provider does not exercise any control over the launched Smart Contract, in particular, they have no technical possibility to block the Smart Contract operation or modify its operation rules.
10. The Service Provider shall not be liable for any possible legal consequences for the Publisher in case of violation of the legal regulations in force in their country.
11. The Service Provider shall not be liable for any damages incurred by the users and publishers in the event of providing false data or information by the Publisher.
12. The Service Provider shall not be liable for any damages incurred by the users and publishers as a result of changes in the price of tokens and personal damages that may result from the possession of a personal token by the publisher.

§ 12. Final provisions

1. The Platform Agreement is concluded for an indefinite period.
2. The User has the right to terminate the Platform Agreement at any time. For this purpose, the User provides the Service Provider with a declaration on the termination of the Platform Agreement or terminates it using a panel available after logging into the Account. The Platform Agreement is terminated on the day following the receipt of the notice of termination.
3. The Service Provider has the right to change the Terms and Conditions in the following cases:
   1. in the event of a change in the general applicable provisions of law requiring adjustment of the Terms and Conditions,
   2. in the event of the Service Provider introducing new types of services provided with the use of the Platform,
   3. in the event of a change in the functionality of the Platform, including the manner of registration, placing Advertisements and purchasing Tokens.
4. The User has the right to terminate the Platform Agreement within 10 days from the day of the receipt of the notification of the amendment to the Terms and Conditions, effective upon the day of termination.
5. The Service Provider has the right to terminate the Platform Agreement and delete the User's Account at any time if the User violates the provisions of the Terms and Conditions, applicable laws or rights of third parties.
6. The Service Provider has the right to terminate the Platform Agreement and delete the User's Account in the absence of use of the Platform for a period of 12 months.
7. Upon the termination of the Platform Agreement, the Service Provider deletes the Account of a given User.
8. In the case of the Publishers, the termination of the Platform Agreement results in automatic termination of all applicable Personal Tokenization Agreements concluded with the given Publisher.
9. The User has the right to withdraw from the Platform Agreement within 14 days from the first log in to the Platform.
10. The Publisher has the right to withdraw from the Platform Agreement within 14 days of the Account activation, however, it will not be possible to withdraw from the Platform Agreement after the final approval of the Smart Contract by the Publisher.
11. The Service Provider may send declarations addressed to the User and related to the services provided by e-mail.
12. These Terms and Conditions shall be governed in accordance with Maltese law.
13. These Terms and Conditions are available at personaltokens.io
14. These Terms and Conditions come into force on 18 August 2019