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Privacy Policy

Fast Exchange Regulations

These Instant-Ex Fast Exchange Regulations (hereinafter referred to as the Regulations) define the rules for the functioning and use of the Instant-Ex Fast Exchange application by Users from October 4, 2024.

1. GENERAL PROVISIONS

1.1. The Instant-Ex Fast Exchange application provides services electronically in accordance with these Regulations.

1.2. The Regulations define the type, scope and method of providing services, rights and obligations and the scope of liability of the Instant-Ex Fast Exchange application, and also define the rights and obligations of the User of the Instant-Ex Fast Exchange application.

1.3. Before completing the registration process, the User is obliged to familiarize themselves with the content of the Regulations. Using the Instant-Ex Fast Exchange application is possible only after submitting a declaration of intent regarding the acceptance of the Regulations. Anonymous use of the Instant-Ex Fast Exchange application is not possible.

1.4. The Regulations are made available to the User free of charge before concluding an agreement for the provision of services by electronic means, via the Instant-Ex Fast Exchange application in a form that allows its acquisition, reproduction and recording of its content using the teleinformatic system used by the User. The Regulations may be saved or printed by the User at any time.

1.5. Using the Instant-Ex Fast Exchange application is free of charge, except for the costs specified in point 10.

1.6. The name of the Instant-Ex Fast Exchange application, logo, its graphic design and technological solutions, as well as all rights related to them, are subject to legal protection.

1.7. The Instant-Ex Fast Exchange application provides the User with access to current information:

1.7.1. Information on specific threats related to the use of the service provided electronically and on the function and purpose of software or data that are not part of the content of the service, entered by the Instant-Ex Fast Exchange application into the teleinformatic system used by the User,
1.7.2. Privacy policy,
1.7.3. Cookie Policy.

2. DEFINITIONS

2.1. Instant-Ex Fast Exchange – Instant-Ex limited liability company with its registered office in Kraków (ul. Zamknięta 10/1.5; 30-554 Kraków) entered into the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number 0001056419, NIP 6793276207, REGON 526321760, e-mail: _________________,

2.2. Instant-Ex Fast Exchange Application – an application run by Instant-Ex limited liability company enabling the use of services specified in point 6.

2.3. User - a natural person with full legal capacity, a legal person, or an organizational unit without legal personality, to which the law grants legal capacity, who has accepted the Regulations and made a full Registration in the Instant -Ex Fast Exchange application, as a result of which a User Account was created for him/her.

2.4. Regulations - this document specifying the rules of using the Instant -Ex Fast Exchange application, the rights and obligations of the parties, the method of registration.

2.5. User Account - access to part of the Instant -Ex Fast Exchange application, via the Customer Panel, possible after providing a login/e-mail address and password, enabling the use of currency exchange services and management of User data;

2.6. User's e-mail address/login - e-mail account provided by the User in the Registration process, which is also his/her login. The e-mail address/login cannot be words commonly considered offensive or violating the personal rights of third parties.

2.7. Password - a combination of at least 8 characters, specified by the User in the Registration process, used to confirm the User's identity when logging in to the User Account in the Instant-Ex Fast Exchange Application.

2.8. Customer Panel - a part of the Instant-Ex Fast Exchange application, available to the User after logging in, enabling the use of the Instant-Ex Fast Exchange application services.

2.9. Registration - the process of creating a User Account in the Instant-Ex Fast Exchange application.

2.10. Business day - a day of the week from Monday to Friday, excluding public holidays within the meaning of the provisions of the Act of 18 January 1951 on public holidays (Journal of Laws 1951, No. 4, item 28, as amended).

2.11. Beneficial owner:

2.11.1. a natural person or natural persons who are the owners of a legal person or exercise control over a client or have influence over a natural person on whose behalf a transaction or activity is being conducted;
2.11.2. a natural person or natural persons who are shareholders or stockholders or have the right to vote at a shareholders' meeting exceeding 25% in that legal person, including through bearer share packages, with the exception of companies whose securities are in organized trading, subject to or applying the provisions of European Union law on disclosure of information, as well as entities providing financial services in the territory of a European Union Member State or an equivalent country - in the case of legal persons;
2.11.3. a natural person or natural persons who exercise control over at least 25% of the assets - in the case of entities entrusted with the administration of property values ​​and the distribution of such values, with the exception of entities performing the activities referred to in Article 69 sec. 2 point 4 of the Act of 29 July 2005 on Trading in Financial Instruments.

2.12. Carrying out a transaction - this shall be understood as placing an order or instruction to transfer funds and executing a transfer instruction to the User's Account.

2.13. Persons occupying a politically exposed position - these are natural persons:
2.13.1. heads of state, heads of government, ministers, deputy ministers or deputies of ministers, members of parliament, judges of supreme courts, constitutional tribunals and other judicial bodies whose decisions are not subject to appeal, with the exception of extraordinary procedures, members of auditors' courts, members of the boards of central banks, ambassadors, chargé d'affaires and senior officers of the armed forces, members of the management or supervisory bodies of state-owned enterprises - who hold or have held these public functions within a period of one year from the date on which they ceased to meet the conditions specified in these provisions,
2.13.2. spouses of persons referred to in point 2.13.1., or persons remaining in cohabitation with them, parents and children of persons referred to in point 2.13.1., spouses of such parents and children or persons remaining in cohabitation with them,

2.14. Transaction - made in one's own name, on one's own account:
2.14.1. non-cash deposits and withdrawals.

2.15. Property values ​​- means of payment.

2.16. Account - a bank account, an account held in a financial institution, an account held in a credit institution, an account in a cooperative savings and credit union, a payment account held by another authorized entity, a securities account and a collective account and a cash account used to service them within the meaning of the Act of July 29, 2005 on Trading in Financial Instruments.

2.17. Transaction Suspension - a temporary restriction on the disposal and use of property values, consisting in preventing the execution of a specific transaction by the Instant-Ex Fast Exchange application.

2.18. Working time - the time of execution of the Transaction by the Instant-Ex Fast Exchange application covering business days from 09:00 to 16:00.

2.19. Anti-Money Laundering Act - Act of March 1, 2018 on Counteracting Money Laundering and Terrorism Financing (consolidated text Journal of Laws 2021, item 1907, as amended).

2.20. Personal Data Protection Act - Personal Data Protection Act of 10 May 2018 (Journal of Laws 2018, item 1000).

2.21. Foreign Exchange Law - Foreign Exchange Law of 27 July 2002 (consolidated text Journal of Laws 2022, item 309).

2.22. Regulation No. 1781/2006 - Regulation (EC) No. 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds (OJ EU L 345 of 08.12.2006).

2.23. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

3. TECHNICAL REQUIREMENTS

3.1 Use of the Instant-Ex Fast Exchange Service application requires that the User meets the following requirements regarding computer hardware and software:
3.1.1. a personal computer or mobile device with Internet access,

3.2. Instant-Ex Fast Exchange ensures the operation of the IT system it uses, enabling the User to:
3.2.1. if the nature of the service requires it:
3.2.1.1. use by the User of the service provided electronically, in a way that prevents unauthorized persons from accessing the content of the transmission constituting this service, in particular using cryptographic techniques appropriate to the nature of the service provided,
3.2.1.2. unambiguous identification of the parties to the service provided electronically and confirmation of the fact of submitting declarations of intent and their content, necessary to conclude an agreement for the provision of this service electronically, in particular using a qualified electronic signature,
3.2.2. termination, at any time, of using the service provided electronically.

4. USER REGISTRATION

4.1. The agreement for the provision of services electronically is concluded after full registration of the User and acceptance of the Regulations by the User.

4.2. Registration consists of:
4.2.1. setting up a User Account by providing an e-mail address and Password and accepting the Regulations, and then confirming the e-mail address using the activation link sent,
4.2.2. completing the required data in the Customer Panel after correctly logging in.

4.3. The User is prohibited from placing illegal content in the Instan-Ex Fast Exchange application. If it is found that the User violates the prohibition resulting from this point of the application, Instant-Ex Fast Exchange has the right to refuse to register the User, suspend the execution of the Transaction and remove the content posted by the User.

4.4. The User declares that the data provided by him during registration is true and complete. The User is solely responsible for the inability to perform the transaction or its irregularity and for any damage caused as a result of providing incomplete or false data.

4.5. The User is obliged to immediately inform Instant -Ex Fast Exchange about any change in the data provided during the User Registration, no later than the time of performing the first Transaction after the data change, under penalty of considering the Transaction to have been performed incorrectly, or possibly Suspending the Transaction or Refusing to perform it - depending on the type of data that has changed.

5. USER IDENTIFICATION AND VERIFICATION

5.1. Instant -Ex Fast Exchange is obliged to apply financial security measures towards Users consisting of:
5.1.1. identifying the User and verifying their identity based on documents or publicly available information,
5.1.2. taking actions, with due diligence, to identify the Beneficial Owner and applying appropriate measures to verify their identity in order for Instant-Ex Fast Exchange to obtain data regarding the identity of the Beneficial Owner, including determining the ownership structure and dependencies of the User;

5.2. The User undertakes to provide Instant -Ex Fast Exchange with information regarding the purpose and intended nature of the business relationship in the event that it is necessary due to the obligation of Instant -Ex Fast Exchange to apply financial security measures.

5.3. Instant-Ex Fast Exchange has the right to monitor business relations with the User on an ongoing basis, including examining transactions to ensure that the transactions are consistent with Instant-Ex Fast Exchange's knowledge of the User and their business profile and risk, and also has the right to examine the source of property values ​​and to update the documents and information in its possession on an ongoing basis.

5.4. If Instant-Ex Fast Exchange is unable to perform the obligations referred to in points 5.1. - 5.3., it shall not conduct the Transaction, shall not sign an agreement with the User or shall terminate previously concluded agreements.

5.5. The identification referred to in point 5.1.1. includes:
5.5.1. in the case of natural persons and their representatives - determining and recording the features of the document confirming the identity of the person on the basis of separate provisions, as well as the name, surname, citizenship and address of the person making the Transaction, and also the PESEL number or date of birth in the case of a person who does not have a PESEL number, or the number of the document confirming the identity of a foreigner, or the country code in the case of presenting a passport,
5.5.2. in the case of legal persons - recording current data from an extract from the court register or another document indicating the name (company), organizational form of the legal person, its registered office and address, tax identification number, as well as the name, surname and PESEL number or date of birth in the case of a person who does not have a PESEL number, the person representing this legal person,
5.5.3. in the case of organizational units without legal personality - recording current data from the document indicating the name, organizational form, registered office and its address, tax identification number, as well as the name, surname and PESEL number or date of birth in the case of a person who does not have a PESEL number, the person representing this entity. 5.6. The identification referred to in point

also applies to parties to the Transaction who are not Users and includes determining and recording their name (company) or first and last name and address, to the extent that Instant -Ex Fast Exchange can determine these data while exercising due diligence.

5.6. The identification referred to in point 5.1.2. includes determining and recording the first and last name and address and additionally other identification data referred to in point 5.5.1., to the extent that Instant -Ex Fast Exchange can determine them.

5.9. The verification referred to in points 5.1.1. and 5.1.2. consists in checking and confirming the data referred to in 5.5.1 - 5.5.3., and takes place before conducting the Transaction with the User.

5.10. For the purposes of identifying the User, Instant-Ex Fast Exchange has the right to request from the User:

5.10.1. additional documents or information enabling the identification of the User;

5.10.2. additional verification of the authenticity of the documents presented or certification of their compliance with the original by a notary, government administration body, local government body or entity providing financial services.

5.11. Persons holding exposed political positions are obliged to inform Instant-Ex Fast Exchange about this by submitting an appropriate statement, under penalty of criminal liability for providing data inconsistent with the factual state.

6. TYPES AND SCOPE OF SERVICES

6.1. The following services may be provided to the User within the Instant-Ex Fast Exchange application:
6.1.1. registration, identification and verification of the User,
6.1.2. transfer of funds to a specified bank account.

6.2. Within the Instant-Ex Fast Exchange application, Instant-Ex Fast Exchange may conduct marketing activities in the form of sending a newsletter.

7. ENTERING INTO TRANSACTIONS

7.1. The condition for executing a Transaction is to complete the Registration in accordance with point 4 of the Regulations and to successfully pass the identification and verification procedure carried out by Instant-Ex Fast Exchange, in accordance with point 5 of the Regulations. The User is obliged to make Transactions via the Bank Account belonging to the User.

7.2. The User orders and Instant-Ex Fast Exchange accepts a money transfer for execution exclusively via the Instant-Ex Fast Exchange application.

7.3. Transactions are accepted for execution 7 days a week, 24 hours a day. Transactions are executed only during the Instant-Ex Fast Exchange application working hours. Instant-Ex Fast Exchange is not responsible for delays resulting from the working hours of financial institutions. The time of execution of a Transaction ordered for execution by the User outside the Instant-Ex Fast Exchange application working hours and is counted from the first Business Day during the Instant-Ex Fast Exchange application working hours, following the day of ordering the Transaction.

7.4. Placing an order consists of:
7.4.1. the User selecting the Transaction amount and the Transaction currency,
7.4.2. selecting the Bank Account from which the Transfer will be made and the Bank Account to which the return transfer is to be made
7.4.3. accepting the rate by clicking the "Confirm" button.

7.5. Clicking the "Confirm" button by the User is tantamount to the User accepting the offer and concluding an agreement in the offer mode in accordance with the provisions of the Civil Code.

7.6. The User is informed about the course and completion of the transaction by means of e-mail messages sent to the address provided during Registration.

8. EVIDENCE OF TRANSACTION

8.1. After conducting the Transaction, Instant-Ex Fast Exchange is obliged to provide the User with proof of the transaction.

8.2. Instant -Ex Fast Exchange sends confirmation of the transaction to the User's e-mail address and makes it available in the Customer Panel.

8.3. VAT invoices may be delivered to the User in paper form at their request, after prior determination of the rules for delivering the documents in question.

9. TERMINATION OF THE AGREEMENT

9.1. The User declares that due to the nature of the Transaction, he/she is aware that Instant-Ex Fast will complete it in full before the expiry of the 14-day period, to which the User agrees. The User is not entitled to withdraw from the agreement concluded outside the company's premises, as specified in art. 27 of the Act of 30 May 2014 on consumer rights (consolidated text Journal of Laws 2017, item 683).

9.2. Instant-Ex Fast Exchange has the right to terminate the agreement with the User in the event of initiating procedures against the User specified in the Act on Counteracting Money Laundering.

9.3. In the event that the Transaction cannot be completed due to reasons attributable to the User, in particular such as providing incomplete or false data, failure to provide the appropriate documents, Instant-Ex Fast Exchange shall request the User to complete them within 24 hours. The request is sent to the User's email address provided during Registration. If the request is ineffective, Instant-Ex Fast has the right to terminate the agreement, of which it also informs the User via the User's email address. In such a case, Instant-Ex Fast Exchange returns to the User the funds transferred to the Instant-Ex Fast Exchange Account, reduced by the costs actually incurred by Instant-Ex Fast Exchange in connection with the Transaction. The User agrees to deduct the costs referred to in sentence 4 from the amount to be returned to him/her. In such a case, Instant-Ex Fast Exchange sends to the User's email address a detailed statement of the costs incurred.

9.4. The User has the right to delete the User's Account by:

9.4.1. using the account deletion function available in the User Panel;
9.4.2. sending an order to delete the User's Account from the email address provided during Registration to the address indicated in point 2.1.

9.5. In the event that Instant-Ex Fast Exchange detects illegal activity by the User or suspects that such activity is being performed, Instant-Ex Fast Exchange has the right to Suspend the Transaction and notify the relevant judicial authorities about the above.

10. ADDITIONAL FEES

10.1. Instant -Ex Fast Exchange charges a flat fee for making a transfer to the User's Account.

10.2. When making currency transfers to the Instant-Ex Fast Exchange Account, the User should make them in the option in which the transfer orderer - the User - covers all costs related to its execution.

10.3. In the event that the User fails to comply with point 10.2. of the Regulations, Instant-Ex Fast Exchange contacts the User electronically or by phone, proposing to supplement the missing amount corresponding to the amount of the transfer costs charged by the financial institution or to execute the Transaction in the amount paid by the User reduced by the transfer costs charged by the financial institution. If the User fails to select the options specified in sentence 1 within 24 hours, Instant-Ex Fast Exchange is entitled to execute the Transaction in the second option.

10.4. Instant-Ex Fast Exchange has no influence on the fees that may be charged by the bank in which the User holds the Account in connection with the execution of the Transaction.

10.5. Instant-Ex Fast Exchange may charge additional fees:
10.5.1. in the case specified in point 7.8. - in the amount of the actual costs that Instant-Ex Fast Exchange incurred as a result of the failure to make the transfer on time.

11. COMPLAINT PROCEDURE

11.1. The User has the right to file a complaint if the Transaction is carried out by Instant-Ex Fast Exchange in breach of these regulations or mandatory provisions of law, as well as in the event of failure to execute the Transaction by Instant-Ex Fast Exchange.

11.2. In order to file a complaint, the User is obliged to send a complaint in electronic form to the e-mail address indicated in point 2.1 or in writing to the address of the headquarters of Instant-Ex Fast Exchange indicated in point 2.1. The complaint must contain at least: User data, consistent with the data provided during Registration, Transaction number if assigned, a concise description
of the irregularities found by the User, the content of the User's request. In the case of sending a complaint in written form, the User's handwritten signature is an additional requirement.

11.3. Instant-Ex Fast Exchange shall consider the complaint within 14 days of its delivery to Instant-Ex. In the event that it is necessary to supplement the complaint notification with the data necessary to consider the complaint, in particular the data indicated in point 11.2. Instant-Ex Fast Exchange may request the User to supplement the complaint. In the event that the User fails to supplement the complaint notification within the time specified by Instant-Ex Fast Exchange, the complaint shall not be considered, of which Instant-Ex Fast Exchange shall be obliged to inform the User.

11.4. Instant-Ex Fast Exchange shall not be liable for failure to perform or improper performance of obligations resulting from the Regulations, provided that the failure to perform or improper performance of obligations is caused by circumstances beyond Instant-Ex Fast Exchange's control despite exercising due diligence (force majeure). In the event of force majeure, the provision of services shall be suspended for a period equal to the period of force majeure.

12. PERSONAL DATA PROTECTION

12.1. Detailed rules regarding the protection of personal data are included in the Privacy Policy, which each User is obliged to read and which constitutes an integral part of these Regulations

12.2. Instant -Ex Fast Exchange processes personal data in accordance with the Act on the provision of services by electronic means, the Personal Data Protection Act and the GDPR.

12.3. By accepting the Regulations, the User consents to the processing of personal data to the extent necessary for the Registration of the User and the provision of Services to the User within the scope specified in the Regulations. Failure to accept the Regulations prevents the use of the Instant-Ex Fast Exchange Application.

12.4. The User declares that the personal data provided by him/her is true.

12.5. In the event of a change in the User's personal data, the User is obliged to update them immediately. Point 4.5. applies accordingly.

13. FINAL PROVISIONS

13.1. The law applicable to matters regulated by these Regulations is Polish law.

13.2. In matters not regulated by these Regulations, the provisions of the law generally in force on the date of the Transaction shall apply.

13.3. Any disputes related to the performance of these Regulations shall be resolved by Polish courts, in accordance with the provisions of the Code of Civil Procedure.

13.4. Instant-Ex Fast Exchange has the right to amend the Regulations for important reasons, i.e. in the event of:
13.4.1. introduction by Instant -Ex Fast Exchange of new functional, organizational, technical, IT or teleinformatic solutions affecting the services provided under the Regulations;
13.4.2. introduction by Instant-Ex Fast Exchange of new services related to the activities covered by the Regulations or modification of existing ones;
13.4.3. changes in applicable legal provisions or issuance by authorized bodies of recommendations, recommendations or interpretations or issuance by courts of rulings affecting the services provided under the Regulations.

13.5. Changes to the Regulations are made according to the following principles:
13.5.1. Instant-Ex Fast Exchange informs Users of each change to the Regulations by placing it on the main page of the Instant-Ex Fast Exchange application. additionally notified by Instant-Ex Fast Exchange by sending to the e-mail address indicated by them in the registration form, information containing a list of changes to the Regulations.
13.5.2. Changes to the Regulations come into effect after 14 days from the date of placing on the main page of the Instant -Ex Fast Exchange application the message about the change to the Regulations and notifying Users who have a User Account by e-mail, as referred to in point 13.5.1.

13.6. In the event of a change to the Regulations, the User has the right to resign from further provision of services by Instant -Ex Fast Exchange, which is equivalent to deleting the User Account. Point 9.6. applies accordingly.