Legal & Privacy
Anti-Money Laundering and Anti-Terrorist Financing Policy
"The Government of Canada has made changes to what services make an individual or an entity an MSB in Canada to include virtual currency services; however, these changes are not yet in force. Individuals and entities engaged in the business of dealing in virtual currency services will be MSBs, but cannot yet register with FINTRAC. Before these individuals and entities will be subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), regulations need to be written to define what it means to be engaged in the business of providing services such as dealing in virtual currency. Until these regulations are drafted and in force you are an MSB, and are required to register with FINTRAC, if you are engaged in the business of providing any of the following services: Foreign exchange dealing; Remitting or transmitting funds by any means or through any person, entity or electronic funds transfer network; or Issuing or redeeming money orders, traveller's cheques or other similar negotiable instruments (except for cheques payable to a named person or entity). Unless your business is carrying out any of the services listed above, it cannot, at this time, be registered with us as an MSB."
"As such, it appears that your business will be exclusively dealing in Bitcoin, a type of virtual currency. Performing a simple conversion of fiat currency to virtual currency or vice versa is not, at this time, a service subject to the PCMLTFA or its associated Regulations. Therefore, based on our understanding of the limited information provided, it appears that your business is not, at this time, engaged as an MSB in Canada, as per the PCMLTFA and its associated Regulations. Consequently, your business cannot be registered with us."
Considering LocalCoinATM.com does not qualify as an MSB (at this time) we are not considered a reporting entity and therefore not obligated to fulfill FINTRAC's reporting requirements about certain transactions. However, in our own efforts to be proactive with the forthcoming law and to prevent Money Laundering and Terrorist Financing within our country and internationally, we have structured the operations of our business to limit amounts purchased well below amounts MSBs have to report on. Irrespective of MSB eligibly, we make it our duty to report transactions we believe may be related to money laundering or terrorist financing and will provide law enforcement with supporting evidence upon request.
Last Updated: October 15, 2017
Collection of Information: We aim to collect, use and disclose only such information as is required to enable us to provide the Services, to maintain transaction histories and customer lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, and for service improvement. We will maintain the confidentiality of any contact information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.
"Personal Information" is personally identifiable information, such as your name, e-mail address, phone number, and credit card information. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Website at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website. We may collect Personal Information in respect of the Website through service purchases; communications with you, transaction and user authentication procedures, user support; and surveys.
"Non-Personal Information" is information of an anonymous nature, such as an Internet Protocol Address (IP Address) provided it has been stripped of personal information, the domain used to access the Website, and the type and version of browser or operating system being used by visitors to the website. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Website is not considered Personal Information. Similarly, business contact information such as the name, title, business address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.
Use of Information: We collect information for the following purposes:
- Services: In order to use our Services you must provide certain Personal Information to us such as your mobile phone number, bitcoin wallet address, prepaid credit card details or other payment information, and email address. In general, none of your account registration information will be shared with any other users of the Website or our Services.
- Other Verification and Authentication: We may also request further proof of identification in order to verify access to your account, including when your initial credentials are rejected or when you change the phone number or email address associated with your account. Such evidence may include a copy of government photo ID, current photograph, proof of mailing address, proof of cell phone number or email address ownership, as determined by us in the circumstances.
- Statistics: We also collect statistics about use of the Services purchased through the Website. This information will be kept confidential, however, aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other members or third parties.
Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases.
From time to time we may employ third parties to help us improve the Website and/or the Services. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.
Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
Security: The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
In certain areas, such as when you provide payment information to us/may purchases through the Website, the Website works to help protect the security of your credit card and other payment information during transmission by using industry standard Secure Sockets Layer (SSL) encryption technology.
You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your email account information or your password for the Services to third parties.
Access and Accuracy: You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up-to- date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
Contact Us: You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: [email protected]
Last Updated: October 15, 2017
- The Service. The Localcoin service allows users to purchase virtual currencies such as bitcoin through the Website using one of the payment methods listed below in our payments section (the "Service")
- User Acknowledgement. By using the Website, you agree and acknowledge that:
- The purchase and sale of any digital currency is inherently risky. Digital currencies are subject to constant price fluctuations and trading in digital currencies may result in partial or complete loss of funds. In using our Services you agree to assume all risk associated with the purchase, sale, trade or exchange of digital currencies and you will not hold Localcoin liable for the loss of any funds, either fiat or digital, incurred as a result of using our Services;
- Bitcoin and other digital currencies are not currently considered legal currency, assets or property at law;
- Localcoin is not a bank, credit union, trust, or any other kind of financial institution. It is not a deposit taking institution and does not accept deposits from Users, we merely provide a platform through which Users can purchase digital currencies.
- Localcoin uses Kraken to determine Bitcoin price quote. We do not set the exchange rate or purchase price for the digital currencies that can be purchased on the Website. Rates are determined by many factors, including but not limited to market demand, and users acknowledge that prices for digital currencies fluctuate on a daily basis.
- Localcoin does not provide securities, investment contracts, or any other document or financial instrument considered at law to be a "security", and the services we provide do not constitute trading, purchase, sale or exchange in securities, investment contracts or any other document or financial instrument considered to be a "security" at law.
- Eligibility. In order to use the Website and/or Services you must be at least thirteen (13) years old, and a Canadian citizen or permanent resident, and residing in Canada at the time you are making purchases through the Website. You do not require an account in order to use the Services, however, in order to make purchases on the Website, a mobile/digital wallet where we can send your bitcoin, a valid Canadian cell phone number registered with a major Canadian carrier, which we require in order to authenticate the transaction.
- Updates to Profile. Localcoin reserves the right to request proof of identification and/or other evidence before updating a User’s profile information.
- Payments. You may only purchase Bitcoin on the Website using one of the following Localcoin approved methods of payment:
- Flexepin, which is an online voucher system you can use if you do not have a payment card.
- Transactions Limits. Localcoin imposes certain limits on the transactions you can processes at any given time, in order to protect our Users. For more information on the transaction limits.
- Authentication. When you purchase bitcoin on the Website, you will be required to submit your email address, mobile wallet address, and your cell phone number. Before we process each transaction, we will send a text message with a pin number to your cell phone in order to authenticate the transaction. This allows us to verify that you meet the eligibility requirements set forth above, and you hereby authorize us to perform such authentications and verifications in order to process your transactions. We will only accept purchases from individuals who have a cell phone number with a major Canadian cellphone carrier such as Rogers or Bell. If you feel you have been improperly denied, you may provide us with a scanned copy of your phone bill and a piece of government issued identification, and, if approved, will validate your transaction and add your carrier to our list of approved cellphone carriers. We reserve the right to refuse to process any transaction at any time, if in our sole discretion, if we believe you are or may use the Services for any criminal or illegal activities. In the event that a User fails the initial authentication process, Localcoin reserves the right to request proof of identification, including photo ID and/or other evidence in order to authenticate a User.
- Bitcoin exchange rate. When you make a purchase, we will convert your money into bitcoin and deposit your purchased bitcoin into your mobile wallet. We use the most current rates available on Kraken.com to determine how much bitcoin you will receive at the time if your transaction.
- Service Fees. In consideration for providing the Services, Localcoin charges a Service fee. The amount of the service fee we apply varies depending on a number of factors.
- No Refunds. It is not Localcoin policy to provide refunds for bitcoin purchased on the Website. You hereby understand and agree that when you purchase any bitcoin or other digital currency on the Website, the transaction is final, and non-refundable.
- Promotions. From time to time, Localcoin may offer promotions or discounts on the Website. These promotions are offered in our sole discretion, and we may initiate or terminate a promotion at any time for any reason without notice.
- Content. All information, data, text, software, messages or other materials, whether publicly posted or privately transmitted to the Website Users ("User Content"), is the sole responsibility of such Users. This means that the User, and not Localcoin, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Localcoin does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Localcoin be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
In using the Website and/or Service, You shall not:
- Use the Website and/or Services in violation of the terms of this Agreement, including in violation of the eligibility requirements;
- Use the Website and/or Services for any illegal, criminal and/or fraudulent purpose;
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user's privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
- register for the Service on behalf of a group or corporate entity.
- License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Localcoin will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
- End User License. Except for User Content, this Website, and the information and materials that it contains, are the property of Localcoin and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Localcoin grants you a non-transferable, non-exclusive, license to (a) use the Website for your personal use (the "License"). Nothing in the Terms gives you a right to use the Localcoin or Localcoin names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
- Feedback. If You provide Localcoin with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), Localcoin may use such Feedback in the Website or in any other Localcoin products or services (collectively, "Localcoin Offerings"). Accordingly, You agree that: (a) Localcoin is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Localcoin, (c) Localcoin (including all of its successors and assigns and any successors and assigns of any of the Localcoin Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Localcoin Offerings, and (d) You are not entitled to receive any compensation or re- imbursement of any kind from Localcoin or any of the other users of the Website in respect of the Feedback.
- Links & Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by Localcoin. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Localcoin of that third party, third party product or service. Localcoin is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Localcoin endorses or accepts any responsibility for the content or use of such websites, and You hereby release Localcoin from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." Localcoin SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.
WE MAKE NO WARRANTIES ABOUT THE PRICE OR AVAILABILITY OF ANY DIGITAL CURRENCY.
LOCALCOIN DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND LOCALCOIN SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. LOCALCOIN WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. ANY INFORMATION AVAILABLE ON THE WEBSITE OR APPS OR THROUGH THESE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON OUR WEBSITE, APPS OR SERVICE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ANY KIND OF ADVICE, INCLUDING, BUT NOT LIMITED TO LEGAL, INVESTMENT, TAX, ACCOUNTING OR FINANCIAL ADVICE.
- LIMITATION OF LIABILITY. TRADING, STORING, DEALING, PURCHASING, SELLING AND OTHERWISE USING DIGITAL CURRENCIES COMES WITH INHERIT RISKS. IN REGISTERING FOR AN ACCOUNT AND USING OUR SERVICES YOU AGREE THAT LOCALCOIN IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR CHANGES TO THE SERVICES OR AVAILABLILITY OF DIGITIAL CURRENCY, INCLUDING BUT NOT LIMITED TO, REGULATORY INTERVENTION BY A THIRD PARTY IN THE OPERATION OF THE WEBSITE AND SERVICE, OR THE UNDERLYING VALUE OF ANY VIRTUAL CURRENCY.
UNDER NO CIRCUMSTANCES SHALL LOCALCOIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, LOCALCOIN APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR LOCALCOIN APP, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE; (VI) LOST PROFITS, LOSS OF USE, LOSS OF DATA, FINES, FEES, PENALTIES. THESE LIMITATIONS SHALL APPLY EVEN IF LOCALCOIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOCALCOIN LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID LOCALCOIN IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability & Updates. Localcoin may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Localcoin may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and Localcoin cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Localcoin will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Localcoin Website or Service, please contact us at: [email protected]