Welcome to the RAND web and mobile application (the "Platform", or "we" or "us" collectively). Below is the license agreement that governs the terms on which you, as a User, may use the Platform and the Services offered therein.
This document (together with all documents referred to herein) sets out the terms and conditions governing the use of this Platform (https://www.rand.app/terms) and the use of the Service provided through this Platform ("Terms and Conditions").
If the User has any questions regarding the terms and conditions or the Privacy and Cookies Policy, he/she can contact us through our contact channels.
In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following details of the owner are shown below:
RAND PROTOCOL, S.L. with C.I.F. B-42893925 and address at Plaça Pau Vila, number 1, office 2A2, 08039 Barcelona.
RAND PROTOCOL, S.L., is a company registered with the Bank of Spain under registration number D697 for the provision of crypto-asset custody and exchange services.
The use of the Platform attributes the condition of User, who accepts, from the access, download and/or use of the same, the Terms and Conditions reflected here.
By making use of the Services offered on the Platform and accepting these Terms and Conditions the User confirms that:
As a result, some Services and functionalities of the Platform may not be available or may be restricted in certain jurisdictions or regions or to certain Users.
To make use of the Services offered on the Platform, the User must be over 18 years of age.
In the event that a minor under the age of 18 accesses the Platform, the parent or guardian of the minor shall be responsible for such access and use, including any charges, billing or damages arising therefrom.
Likewise, the User declares that the use of this Platform is done in a personal capacity, without carrying out any type of professional service.
The Platform will allow the User to access the Services specified in these Terms and Conditions.
Before making use of the Services, the User should be aware that the risk of loss in buying, selling or holding Cryptoassets may be considerable, which affects the Service provided by RAND. As with any asset, the value of Cryptoassets can vary considerably and there is a substantial risk that you may lose money buying, selling, holding or investing in Cryptoassets. Therefore, by using the Platform, the User acknowledges and accepts the risks involved in investing in Cryptoassets.
Furthermore, by using the Platform, the User agrees that RAND does not provide any investment advice. Any decision to access the Platform is the sole decision of the User, and RAND shall in no event be liable for any loss suffered as a result of such decision.
Cryptoasset services are not currently regulated by the financial authorities nor do they fall under the umbrella of protection that may be offered by financial services clearing schemes in Spain, therefore, the User should carefully consider whether trading or holding Cryptoassets is appropriate, which affects the Service provided by RAND.
Furthermore, by accepting these terms and conditions, the User acknowledges and agrees that:
RAND RESERVES THE RIGHT TO CHOOSE THE MARKETS AND JURISDICTIONS IN WHICH TO CONDUCT ITS BUSINESS, AND MAY RESTRICT OR REFUSE, AT ITS DISCRETION, TO PROVIDE SERVICES IN CERTAIN COUNTRIES OR REGIONS.
RAND offers through the Platform the Services specified in these Terms and Conditions.
The User assumes responsibility for the use of the Platform. This responsibility extends to the registration required to access the Services. In such registration, the User shall be responsible for providing truthful and lawful information.
In the registration process, the User will be required to provide the personal data necessary for his/her effective identification, as well as the corresponding documentation that accredits him/her, for the purposes of preventing any potential money laundering and terrorist financing conduct and to be able to adopt appropriate due diligence measures. The User irrevocably undertakes to guarantee that the information provided is truthful. Likewise, the User must complete the responsible declarations that may be requested in each case.
RAND reserves the right to request that the information be updated if it becomes aware of any changes. Likewise, RAND reserves the right to carry out the appropriate checks in order to confirm the legal origin of the contributions of funds that are made. In the event of any irregularities in the registration process and in the subsequent use of the Platform by the User, RAND shall proceed to take action to prevent any conduct to prevent money laundering and the financing of terrorism. As a consequence of this registration, the User will be provided with a password, for which he/she will be responsible, undertaking to use it diligently and confidentially.
In the event of unauthorised access to the User's account, the User undertakes to notify RAND immediately via the means of contact made available to the User and indicated in these Terms and Conditions.
The User will be able to use a double authentication system to access his/her account, the functioning of which will be explained throughout these Terms and Conditions.
The User undertakes to make appropriate use of the content and services that RAND offers through the Platform and, including but not limited to, not to use them for (i) engaging in illicit or illegal activities or those contrary to good faith and public order; (ii) disseminating content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or in violation of human rights; (iii) cause damage to the physical and logical systems of RAND, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that could cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the e-mail accounts of other Users and modify or manipulate their messages.
RAND reserves the right to interrupt access to the Services at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified reason. Consequently, RAND does not guarantee the reliability, availability or permanent continuity of the Platform or the Services, so that the use of the same by Users is carried out at their own risk, without RAND being liable at any time in this regard.
Furthermore, RAND assumes no liability whatsoever arising from, but not limited to:
Similarly, RAND excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in the computer systems, as well as in the documents or systems stored therein, for which reason RAND shall not be liable in any case when they occur:
In any case, RAND undertakes to solve any problems that may arise and to offer all necessary support to the User in order to reach a solution.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAND, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR ATTORNEYS, AGENTS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BREACH OF SECURITY AND LOSS OF DATA, INFORMATION, REVENUE OR PROFITS) EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE THE RESULT OF GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW ON THE PART OF RAND IN WHICH CASE THE LIABILITY OF RAND, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SHALL NOT EXCEED THE AMOUNT THAT WAS AVAILABLE TO YOU ON THE PLATFORM AT THE TIME IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OF LIABILITY.
In any case, RAND undertakes to solve any problems that may arise and to offer all necessary support to the User in order to reach a rapid and satisfactory solution to the incident.
Furthermore, by accepting these terms and conditions, the User acknowledges and agrees that:
Through this service the user has a wallet to make payments.
The User accepts that the payment of euros to access the Platform will be made through the means available on the Platform and in the manner indicated therein.
The User accepts that any fund additions involving or mediated by a third party (such as deposits and withdrawals via payment methods) may delay the crediting of funds to the User's account, and may be subject to limits, including limits on amounts. The User releases RAND from any and all liability in this regard. However, RAND, within its scope of control, and taking into account the above limits, will make reasonable efforts to ensure that funds are credited to the User's account as soon as possible.
Access to the Platform and registration will allow the User to access the Platform's Services.
Through the "Earn Account" product, the User will receive a reward calculated on the amount of crypto-assets deposited in their account, set on a monthly basis but accruing weekly. This service will allow the user to earn rewards in crypto-assets.
There is no minimum lock-in period - the User may stop using the Earn Service at any time without penalty.
The User should be aware that this is a risky product and that there is no minimum guaranteed capital.
RAND reserves the right to modify the fee percentage at its sole discretion, which will be notified through the terms and conditions of the platform.
The earn account service provided by RAND is neither an investment nor a speculative tool. The User only receives a fixed stipulated reward for the use of the service.
Rewards will begin to be calculated on the crypto-assets transferred 24 hours after receipt of the transfer by RAND, and will be earned in the same crypto-asset as the one in which the initial transfer or conversion was made. The rewards will be also reflected in the user's balance.
The reward rate will be variable, and the user of this product will be able to see the estimated annual reward that would be applied to the amount of cryptoassets transferred, which is only an estimate, and at no time a commitment to deliver. RAND operates on market, and other technical factors, and in this regard will always offer the best possible reward percentage, which may vary depending on market and other factors.
Withdrawal of crypto-assets from each user's balance will be instantaneous but in certain cases, i.e. it is open-ended. However, there may be a cooling-off period from the time the user requests the withdrawal until it is actually transferred to the user of up to one week, depending on market conditions and at RAND's discretion.
Through this product, the User participates in a weekly event in which he undertakes to block his equity for one week ("Event") in order to be eligible for equity prizes.
How do I access the Prize Account?
In order to access this process, in addition to accepting these terms and conditions and complying with the registration requirements set out in the terms and conditions, the user must click on the "Fund the Prize Account" section and choose and deposit the amount with which he/she will participate in the event.
The User will have the following information on the platform (which will be updated throughout the week as participants are added to the event):
The reward is distributed randomly.
When do events start and end?
The events will start on Fridays and end on Fridays, at which time the event winners will be announced.
At the end of the seven days, the event ends and the interest generated by the different participants in the event is distributed randomly in the form of prizes. As it is a random event, the User understands that he/she may or may not be the beneficiary of these prizes.
If the user decides to leave the event before Friday, he/she will not be eligible for the prizes distributed.
Other service considerations
The User should be aware that this is a risky product and that there is no minimum guaranteed capital.
RAND reserves the right to modify the percentage of the prize fee at its sole discretion, which will be notified via the terms and conditions of the platform and only applicable to the next event once modified.
The prize account service provided by RAND is neither an investment nor a speculative tool. The User only receives a fixed fee for the use of the service.
Access to the Platform is subject to the User reading and accepting the Platform Terms and Conditions.
The User should be aware that this is a risky product and that there is no minimum guaranteed capital.
RAND does not own or control the underlying software protocols that govern the operation of the Blockchain linked to the Cryptoassets supported by the Platform. Most of these protocols are open source and may be used, copied, modified and distributed by any third party. Accordingly, RAND assumes no responsibility for the operation of such protocols and does not guarantee their functionality, security or availability. The User acknowledges and accepts the risk that the underlying software protocols related to any Cryptoassets purchased may change. In particular, Users should consider forks with the impact they may eventually have on the value of the Cryptoassets.
In the event of a Fork, the User agrees that RAND may temporarily suspend its operations (with or without notice) and, if it deems it necessary, (a) configure or reconfigure its systems or (b) decide not to support (or to cease supporting) a protocol and/or the original and/or the alternative Cryptoasset.
The User acknowledges and agrees that RAND assumes no responsibility for any consequences in the provision of the Service that may arise in connection with the modification of the Blockchain protocols.
Without this list being exhaustive, the User undertakes to refrain from the following actions, either directly or through a third party:
RAND reserves the right to deny or withdraw access to the Platform and/or the services offered therein without prior notice to those Users who carry out any of the actions indicated in this section.
The User may request the cancellation of his/her user account through the Platform, or via email to email@example.com only from the email address with which he/she registered.
RAND reserves the right to request proof and/or additional information in order to corroborate the veracity of the cancellation request and the information provided by the User.
The document number and e-mail address associated with the User will remain blocked, so that no other person will be able to create a new user account using them.
RAND provides the User with information on the security of the chosen password and also offers the User the possibility of accessing his/her account via two-factor authentication ("2FA"), which significantly increases the security of access to the account. RAND shall not be liable for any loss of funds resulting from theft of passwords.
In line with the provisions of these Terms and Conditions, RAND assumes that any movements made on a User's account have been made by the User, and the User acknowledges and agrees to be solely responsible for the use made of his or her account and for the direct and indirect consequences and damages arising therefrom.
In the event that the User detects that his/her account has been attacked or that a third party has made transactions through the account, he/she must notify RAND as soon as possible in order to proceed to block the account by sending an email to the following address: firstname.lastname@example.org.
In the event that the User forgets or loses his/her password, he/she may recover it by the means available through the Platform, or contact RAND by sending an email to the following address: email@example.com.
Pursuant to article 103 of Law 3/2014 of 27 March, the transactions covered by these terms and conditions are excluded from the right of withdrawal.
RAND may modify at any time the conditions set forth herein, being duly published on the Platform and/or, at the sole discretion of RAND, by notifying the Users thereof by e-mail.
The User's use of the Platform from the time of notification of the modification of these Terms and Conditions shall constitute the User's full acceptance of these Terms and Conditions; if the User does not agree to the new terms, the User shall cease to use the Platform.
All content on the Platform, including without limitation the design of its screens, promotional materials, trademarks, trade names, trade dress, text, graphics, logos, images, icons, buttons, videos, sounds, music, databases, source code, software and colour schemes (the "Content"), is owned by RAND or its licensors.
The Content may not be reproduced, modified, transformed, edited, translated, transferred, distributed, performed, marketed, publicly communicated, stored, used for purposes other than those provided for in these Terms, or be the subject of derivative works, without the prior written permission of the rights holder.
Your access to the Platform does not grant you any licence, right or title to any intellectual property rights in all or any portion of the Content. Users are granted only a non-exclusive, revocable, limited licence to access and use the Platform and the Content in accordance with these Terms and Conditions.
If the User believes that any intellectual property rights of third parties are infringed on the Platform or in the Content, the User shall notify RAND at the address indicated in these Terms and Conditions, attaching all necessary information and documentation to support the aforementioned consideration.
RAND is committed to complying with the obligation of secrecy of personal data, and has therefore adopted the necessary measures to avoid its alteration, loss, unauthorised processing or access, taking into account the state of technology at all times.
Cryptoasset investments can be recorded on a public blockchain. Public blockchains operate like ledgers, intended to immutably record transactions on networks of computer systems. Many of these public blockchains allow forensic analysis that can lead to de-anonymisation and inadvertent disclosure of private financial information, especially when blockchain data is combined with other data.
For any interpretative or litigious matters related to the web portal or the app, Spanish law shall apply and in the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may correspond to them, to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain) provided that the dispute is not related to any financial transaction, which shall be resolved through the jurisdiction of the Courts and Tribunals of the domicile of the consumer or by filing the appropriate claim by filling in the following electronic form: http://ec.europa.eu/consumers/odr/
In the event that there are links or hyperlinks to other Internet sites, RAND shall not exercise any control over such sites and content. Under no circumstances will RAND assume any responsibility for the contents of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.
It is expressly forbidden to introduce hyperlinks for commercial purposes on non-RAND websites that allow access to the Platform without the express consent of RAND. In any case, the existence of hyperlinks on non-RAND websites shall in no case imply the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor acceptance by RAND.
Once your friend meets these requirements, you will receive a reward of 5€ deposited into your Rand account. Your friend will also receive a reward of 5€ deposited into their Rand account.
You may only refer friends who are not already Rand customers and who have not previously applied for a Rand account.
Referral Program Period
Rand’s referral program will run for a duration specific to the availability period of the feature within the Rand App.
What is the Referral Program about?
The Referral Program is an opportunity for Rand Users to earn 10 Euros for each successful referral. Eligible Users do not have a limited amount of Invitees as part of the Referral Program.
Who can make referrals?
In order to make a referral, you must be an Active User of Rand. An “Active User” is defined as a customer that:
For the avoidance of doubt, if you have not received an email directly from us, you will not be considered an Active User.
Who can I refer to Rand?
An “Eligible Invitee” is defined as a customer that has:
How do I receive my Referral Prize?
Eligible Customers will be entitled to 20 Euros if the below instructions are followed by both the Eligible Customer and the Eligible Invitee.
Instructions for the Eligible Customer
For each Eligible Invitee, the Eligible Customers must:
Once your friend meets the “Instructions for the Eligible Invitee” requirements, you will receive a reward of 10 Euros deposited into your Rand account the same day.
Instructions for the Eligible Invitee
The Eligible Invitee, upon receipt of the email invitation from the Eligible Customer, must:
Once these requirements are met, you and the invitee will receive a reward of 10 Euros deposited into your Rand account the same day.
You may not:
Rand reserves the right to cancel or modify the Program or these terms and conditions at any time without notice. Rand may also terminate your participation in the Program if it determines, in its sole discretion, that you have violated these terms and conditions or engaged in any other fraudulent or abusive activity.
Rand makes no warranties, express or implied, with respect to the Program or any rewards earned through the Program. Rand is not responsible for any errors or omissions in the Program or these terms and conditions.
In the event that one or more clauses of these Terms and Conditions are declared null and void by any competent authority or judicial body, such nullity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.
Each user shall be exclusively responsible for the fulfillment of all fiscal and tax obligations.
The User may not assign its contractual position, this contract, or any of its rights or obligations hereunder to any third party.
The User expressly consents to be notified or informed by electronic means of all information relating to his or her User status, account and use of the Platform.
With your consent, we send push notifications to your mobile device to provide information about changes in the price of Cryptoassets, updates to the Service, promotional communications and other related messages. You may disable push notifications by changing your notification settings through your device with which you access the Platform.
RAND has a User Support Service, Monday to Friday from 10 a.m. to 6 p.m., by sending an e-mail to the following address: firstname.lastname@example.org.
PECUNIA CARDS EDE, S.L.U., is an Electronic Money Institution supervised by the Bank of Spain and registered under the number CSB 6707, whose trade name is 'PECUNPAY'.
PECUNIA CARDS EDE, S.L.U. is the issuer and manager of the Rand App Checking Account payment account. If you have any problem related to the operation of the account, you can contact the payment service provider through the following email address: email@example.com
The general and specific conditions outlined below govern the relationship between PECUNIA CARDS EDE, S.L.U., with CIF B86972346 (hereinafter referred to as "PECUNPAY"), having its registered office at C/ Guzmán El Bueno, No. 133, Edificio América, Bajo B, 28003 – Madrid, and registered with the Mercantile Registry of Madrid under T. 32368, F. 1, H. M-582661, Entry 1, and the account holder (hereinafter referred to as the "HOLDER"), concerning the financial services described herein.
PECUNPAY is an Electronic Money Institution (EDE), authorized by the Ministry of Economy and registered with the Bank of Spain under number 6707, with the legal authorization and suitability to issue, manage, and handle electronic money and electronic payment means, as well as to provide payment services. It is under the supervision of the Bank of Spain, located at Calle Alcalá 48, 28014, Madrid.
The HOLDER of the account is a natural person, whose identity must be verified within the account itself.
The PLATFORM is RAND PROTOCOL S.L., with CIF B42893925, a legal entity and owner of the mobile application that serves as an interface between PECUNPAY's electronic banking and the HOLDER.
This contract establishes the conditions that will govern the electronic money account between PECUNPAY and the HOLDER (hereinafter referred to as the "Contract").
The parties agree that the clauses included in this Contract should be considered as general conditions of contracting, for the purposes specified in Law 7/1998, of April 13, on General Conditions of Contracting. Likewise, they acknowledge that the language for the conclusion of the framework Contract and for communication during the contractual relationship is Spanish.
PECUNPAY, as the proponent, has expressly and previously informed the HOLDER, through the PLATFORM, as the adherent, of the existence of the general conditions outlined in this document.
The HOLDER states that they are aware of these conditions, understand them, and consequently accept their incorporation into the Contract. At any point during the contractual relationship, the HOLDER who requests it shall have the right to receive these General Conditions of Contracting in paper or another durable medium.
The HOLDER declares that they are acting on their own behalf and right and undertake to provide PECUNPAY with any documentation, photographs, and information that may be reasonably requested to fulfil their legal obligations.
Once the HOLDER has completed the above and has passed our internal checks, the account will be opened.
Notwithstanding the signing of the Contract, it shall not become effective until PECUNPAY confirms to the HOLDER, through the PLATFORM, that the service has been approved.
In case it is necessary to complete the documentation and/or information provided by the HOLDER or rectify any defects or errors, PECUNPAY shall communicate this to the HOLDER through the PLATFORM.
The Contract shall have a duration of one year (hereinafter referred to as the "initial term"), without prejudice to the expiration date indicated on the payment medium provided by PECUNPAY to the HOLDER.
Once the initial term has elapsed, the Contract shall be automatically renewed for annual periods unless either party notifies the other of its intention not to renew the Contract.
Termination of the contract initiated by the HOLDER
Except for cases in which the HOLDER has contracted multiple products with PECUNPAY for which it is necessary to maintain an electronic money account as determined by regulations, the HOLDER may terminate the Contract at any time by notifying it in writing to the PLATFORM, without the need for any prior notice.
In this case, PECUNPAY will proceed to execute the order for the termination of the Contract within 24 hours of receiving the HOLDER's request. PECUNPAY will reimburse the HOLDER the remaining balance they have, after deducting the applicable fees and expenses up to the date of termination.
If the account has a balance in favor of PECUNPAY, the HOLDER may only cancel the Contract upon payment of such balance, as well as the accrued interest, fees, and expenses.
The HOLDER is advised that, in the event of requesting the termination of the Contract and cancellation of the contracted product(s), while pending the execution of refund operations to be made in favor of the account (e.g. a refund initiated by the HOLDER for a purchase made by the HOLDER at a merchant, which should be refunded to the account through which the payment was made, etc.), the process of refunding these amounts may be complicated. For PECUNPAY to proceed with the refund, the HOLDER must provide PECUNPAY, prior to the refund, with a certificate of ownership of the bank account held by the HOLDER to which the refund amount should be transferred, along with any other documentation that PECUNPAY may require for verification.
PECUNPAY will reimburse the HOLDER the remaining balance they have, after deducting the applicable fees and expenses up to the date of termination.
Additionally, PECUNPAY may terminate this Contract by notifying the HOLDER through the PLATFORM or by email, with a minimum advance notice of sixty calendar days, without citing any specific reason.
However, PECUNPAY may terminate the Contract without prior notice in the event of objectively justified reasons related to the security of the payment instrument or suspicion of unauthorized or fraudulent use thereof.
Furthermore, PECUNPAY may terminate the Contract with a fifteen-day notice when the HOLDER does not have a sufficient balance to cover the corresponding charges or, in general, when the HOLDER fails to meet any financial obligation assumed under this Contract or under other Contracts held with PECUNPAY.
For the purposes of this Contract, the following definitions apply:
The HOLDER shall have a period of 14 calendar days to withdraw from the Contract without specifying any reasons and without incurring any penalties.
The deadline to exercise the right of withdrawal shall begin to run from the day the Contract is concluded.
However, if the consumer has not received the contractual conditions and contractual information, the period for exercising the right of withdrawal shall commence on the day they receive the aforementioned information.
The HOLDER who wishes to exercise the right of withdrawal must notify PECUNPAY, through the PLATFORM or the channel specified in clause 1.7 of the Contract, before the corresponding period expires, using a method that allows for proof of notification in any legally accepted manner. Notification shall be deemed to have been made within the deadline if it is sent on a paper medium or another durable medium, which is available and accessible to the recipient, and is sent before the deadline.
PECUNPAY may temporarily suspend the services provided, as well as any associated means of payment, due to the HOLDER's non-payment, security reasons, lack of requested documentation, or suspicion of unauthorized or fraudulent practices by the HOLDER.
Once the reasons for the suspension have been resolved, PECUNPAY will proceed to reactivate the service or means of payment.
PECUNPAY may modify the conditions established in this Contract.
The modifications will be published on PECUNPAY's website and on the website and mobile application of the PLATFORM, and will also be communicated by PECUNPAY to the HOLDER via email, to their respective email address. However, the modifications will not be applicable, and therefore will not come into effect, until sixty calendar days have passed from the date of sending the corresponding communication to the HOLDER (hereinafter referred to as the "effective date of the new conditions").
If the new conditions result in a benefit for the HOLDER, PECUNPAY may provide for their automatic application after their publication on the corporate website and on the website and mobile application of the PLATFORM.
If the HOLDER, upon becoming aware of the new conditions, rejects them, they may terminate the Contract by notifying PECUNPAY through the channel specified in clause 1.7 of these Conditions. Opposition to the new conditions must be made prior to the effective date of the new conditions to prevent their application. PECUNPAY will reimburse the HOLDER the remaining balance they have, after deducting the applicable fees and expenses up to the date of termination. It will be considered that the HOLDER has accepted the modification of the conditions in question if they do not communicate their non-acceptance to PECUNPAY prior to the proposed effective date.
The fees and expenses specified in the Particular Conditions applicable to each of the different products and services contracted shall apply. These fees and expenses for each of the various products and services will be provided on the website and mobile application of the PLATFORM.
Communications, notifications, and documentation to be made under this Contract shall be directed to the HOLDER at the address and/or email provided by them for this purpose.
Communications to PECUNPAY to be made by the HOLDER shall be sent via email to the address: firstname.lastname@example.org.
The HOLDER undertakes to notify PECUNPAY of any changes in their address, email address, phone number(s), and any other information that differs from what was originally provided by the HOLDER, through the PLATFORM for this purpose or by updating it, and shall bear any losses resulting from the sending of information that is not valid, incorrect, or inaccurate.
The HOLDER may file a complaint or claim with PECUNPAY's Customer Service. The written communication shall be submitted via email to the following address: email@example.com.
All of this is in accordance with the provisions of PECUNPAY's Customer Ombudsman Regulation, which is available to HOLDERS on the corporate website.
Please note that PECUNPAY is not affiliated with any Consumer Arbitration Board.
The HOLDER authorizes PECUNPAY to record, by means of magnetic, computer, electronic, or other methods, all data, inquiries, contract details, and transactions carried out through any non-presential services. The HOLDER may request a copy of these records.
In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and the free movement of such data, as well as Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, we inform you that your personal data will be included in the processing activities of PECUNIA CARDS EDE S.L.U. (PECUNPAY), for the purpose of managing the service contracted by the HOLDER, fulfilling the contractual relationship, examining and verifying personal data, developing and managing loyalty programs, notifying any incidents that may arise during the contractual relationship, communicating possible modifications to the Contract conditions, and sending commercial information that may be of interest, being authorized for these purposes based on the execution of the Contract, compliance with legal obligations, and the legitimate interest of the parties. Your data will be retained during the execution of this Contract and subsequently, until the statute of limitations for any legal responsibilities has expired.
Your data may be disclosed to third parties, such as entities related to the financial sector and bank card processing entities, for the purpose of managing the operation of our terminals, as well as for managing secure customer authentication operations. Likewise, your data may be accessed by third-party service providers of PECUNPAY, with whom PECUNPAY has entered into the relevant personal data processing agreements, ensuring lawful and secure processing of such data, such as consulting firms, entities for the verification of personal data, external technology service providers, and the like.
In the event that you wish to benefit from offers and promotions to which you have access through the use of our services, your data may be disclosed to the entity with which PECUNPAY enters into an agreement to offer that specific offer and/or service that you wish to benefit from. This disclosure will be made so that you can enjoy that offer and/or service.
PECUNPAY may verify the information provided by the HOLDER, assess their transactions, and verify their solvency. For this purpose, PECUNPAY is authorized to collect, communicate, request, and exchange information about the status of their accounts with other solvency files or public registers, financial entities, credit rating and fraud prevention companies, as well as with the Bank of Spain. PECUNPAY may consult them periodically. These procedures are necessary for PECUNPAY to carry out the relevant inquiries to comply with its obligations regarding fraud analysis, anti-money laundering, and counter-terrorism financing. The HOLDER shall be responsible for the truthfulness and accuracy of all personal data provided to PECUNPAY. In this regard, PECUNPAY informs you that it has entered into a joint responsibility agreement with DOWJONES, for the purpose of analyzing the information provided in the hiring process, specifically the information included in your KYC (Know Your Customer).
PECUNPAY informs you of the possibility that your personal data may be subject to automated decisions, related to the automatic blocking of the account activation process or the automatic blocking of the operation of the activated account, specifically when: (i) the HOLDER does not complete all the personal data required in the KYC; (ii) the cross-referencing of the data provided in the KYC reveals that the HOLDER appears on a list that prevents the product from being contracted; (iii) the HOLDER does not provide the additional information requested by PECUNPAY within 30 days; or (iv) there are suspicions of fraud in the use of the account.
The HOLDER may exercise their rights of access, rectification, opposition, erasure, restriction, portability, and opposition to automated decision-making, by writing to PECUNPAY's Data Protection Officer, by postal mail to Calle Guzmán el Bueno nº 133, Edificio América, Bajo B, 28003, Madrid; or by email to firstname.lastname@example.org.
If you believe that your rights have not been properly addressed, the HOLDER has the right to file a complaint with the Spanish Data Protection Agency.
The HOLDER is informed of the legal obligations imposed on PECUNPAY regarding money laundering prevention and the financing of terrorism which include the identification of the HOLDER and the beneficial ownership, shareholding structure, or control in the case of a legal entity, economic, professional, or business activities, source of funds, as well as the requirement to apply due diligence measures established at all times by current legislation, including those related to knowing and continuously monitoring the business relationship.
As a result, the HOLDER must provide all the information and documentation required by PECUNPAY at all times for compliance with these obligations, in a timely manner.
In the case of the HOLDER being a natural person, unless expressly stated otherwise, the HOLDER expressly declares that they are acting on their own behalf before PECUNPAY, recognizing themselves, for all purposes, as the REAL HOLDER of their relationship with PECUNPAY.
For these purposes, additionally, the HOLDER expressly agrees to assume the following obligations, authorizations, and measures resulting from the application of anti-money laundering and terrorism financing regulations:
This Contract will be interpreted and performed on its own terms, and in matters not provided for, it will be governed by Spanish law, with the obligations and responsibilities of the parties being subject to Spanish law.
The parties submit to the jurisdiction of the Courts and Tribunals of Madrid Capital for any matter related to the interpretation, compliance, or execution of this Contract, expressly waiving any jurisdiction of their own that may correspond to them, unless the HOLDER qualifies as a consumer, in which case the rules for determining jurisdiction provided in the current legislation will apply.
This Contract aims to regulate the opening of an electronic money account for the Rand product (hereinafter, "account"), with PECUNPAY, in the name of the HOLDER.
The account may be associated with other electronic media, so that all transactions made through such means will be reflected in the account.
The balance of the account will not accrue interest or any other type of remuneration for the HOLDER.
The HOLDER authorizes PECUNPAY to open an account assigned in the name of the HOLDER.
Once the registration process form in the mobile application of the PLATFORM has been completed, the user identification process has been completed, and once our internal checks have been passed, the account will be opened.
The maximum total amount of transactions that can be made at any given time will be determined by the balance available in the account, as well as the cash withdrawal limits set at ATMs, transaction limits at merchants, and similarly, cash withdrawals and deposits through the private network will also be limited.
PECUNPAY reserves the right to suspend the use of the account for objectively justified reasons related to the security of the payment instrument or suspicion of unauthorized or fraudulent use. PECUNPAY will inform the HOLDER of the account suspension and the reasons for it via the email provided by the HOLDER for notifications. This communication will take place prior to the suspension, and if not possible, immediately after the suspension, unless providing such information is compromised by objectively justified security reasons or is contrary to any other regulatory provision.
PECUNPAY will unblock the account once the reasons for blocking its use no longer exist.
The economic conditions will continue to apply regardless of the account suspension.
The use of the account will be in accordance with the usage instructions established by PECUNPAY in this Contract and on its own website, without prejudice to PECUNPAY's authority to modify such usage instructions, as stipulated in Clause 1.5.
Each transaction will be recorded by PECUNPAY, and the HOLDER can access this information through the website and mobile application corresponding to each product.
Information regarding the terms and conditions applicable to payment services and transactions will be free of charge for the HOLDER and will be accessible through the customer area provided to the HOLDER.
However, any additional or different information requested by the HOLDER will generate a cost that will be charged according to PECUNPAY's fees. Additionally, PECUNPAY may pass on to the HOLDER the costs incurred due to contract termination, revocation of payment orders, and costs arising from fund recovery for payment transactions executed with incorrect unique identifiers, as provided for in PECUNPAY's fee schedule.
The HOLDER expressly authorizes PECUNPAY to record the transactions carried out by the HOLDER.
Payment transactions will be considered authorized when the HOLDER has given consent for their execution. It will be deemed that the HOLDER has consented to the transaction when it has been executed through any of the channels provided by PECUNPAY.
Debits from the account for all transactions duly authorized by the HOLDER or charged to the HOLDER will be accepted.
The HOLDER cannot revoke a payment order after it has been received by PECUNPAY. However, the HOLDER may withdraw consent at any time before the date of irrevocability referred to in Articles 36 and 52 of Royal Decree-law 19/2018 of November 23, on payment services and other urgent measures in financial matters.
However, if the HOLDER does not qualify as a consumer or microenterprise in the terms specified in Royal Decree-law 19/2018 of November 23, the consent cannot be withdrawn.
The time of receipt of a payment order will be when it is received by PECUNPAY, regardless of whether it has been transmitted directly by the HOLDER, on the HOLDER's behalf, by a payment initiation service provider, or indirectly through the beneficiary, unless the receipt occurs after 11:00 a.m. on a business day or on a non-business day, in which case, it will be considered received on the next business day.
The account will not be debited before the payment order is received.
If the HOLDER and PECUNPAY agree that the execution of the payment order will begin on a specific date or at the end of a specified period or on the day the HOLDER makes funds available to PECUNPAY, it will be deemed that the time of receipt is the agreed-upon day. If this day is not a business day for PECUNPAY, the payment order will be considered received on the next business day.
PECUNPAY will credit the full amount of the transaction received in favor of the HOLDER to the HOLDER's account. However, PECUNPAY may deduct its expenses from the transferred amount before crediting it to the account.
For payment transactions in euros, as well as for national payment transactions in the currency of a European Union Member State that is not part of the euro area, and similarly, for payment transactions that only involve a currency conversion between the euro and the currency of a Member State that is not part of the euro area, as long as the conversion is carried out in the Member State that is not part of the euro area, and for cross-border payment transactions where the cross-border transfer is made in euros, the following rules regarding the maximum execution time of payment transactions will apply:
When PECUNPAY is the payment service provider of the payer, it will ensure that the amount of the payment transaction is credited to the payee's payment service provider account, at the latest, by the end of the next business day after the payment order is received.
For payment transactions not covered by the previous paragraph, PECUNPAY may extend the execution time for the transaction, which will in no case exceed four business days from the receipt of the payment order.
The value date for debiting the account of the ordering HOLDER for the payment transaction will not be earlier than the business day on which the amount of the payment transaction is debited from the account.
The value date for crediting the beneficiary's account will not be later than the business day on which the amount of the payment transaction is credited to the account of the beneficiary's payment service provider.
The HOLDER will receive rectification from PECUNPAY for an unauthorized or incorrectly executed payment transaction only if the HOLDER notifies PECUNPAY without undue delay upon becoming aware of such a transaction that is subject to a claim, including those covered by paragraph 2.6.8. of this document, and, in any case, within a maximum period of thirteen months from the date of the debit.
When the user of payment services is not a consumer or microenterprise in the terms established in Royal Decree-law 19/2018 of November 23, on payment services and other urgent measures in financial matters, the maximum period for obtaining rectification of an unauthorized or incorrectly executed payment transaction, only if the user of payment services notifies it without undue delay upon becoming aware of any of the transactions referred to in the previous paragraph, will be 10 calendar days.
The notification deadlines established in the previous paragraph will not apply when PECUNPAY has not provided or made available the information about the payment transaction.
The Unique Identifier is the combination of letters, numbers, or signs assigned by PECUNPAY to the HOLDER for the unambiguous identification of the HOLDER and the account in a payment transaction.
For this purpose: The Unique Identifier of the HOLDER for the identification of the account will be the IBAN (International Bank Account Number);
When a payment order is executed according to the unique identifier, it will be considered correctly executed with respect to the beneficiary specified in that identifier.
If the unique identifier provided by the HOLDER is incorrect, PECUNPAY will not be liable for non-execution or defective execution of the payment transaction.
When a payment order is not executed or is executed defectively, PECUNPAY will act in accordance with Article 60 of Royal Decree-law 19/2018 of November 23, on payment services and other urgent measures in financial matters.
The HOLDER must prepay an amount sufficient to cover the recharged amount in advance. Accounts can be recharged as many times as desired, up to the limit assigned by the HOLDER or by PECUNPAY.
The HOLDER can top up the account through the following channels, provided they are available through the PLATFORM:
As a top-up method directly managed by PECUNPAY; bank transfer from a bank account issued in the SEPA Zone.Within the mobile application, by debiting a financial card, through a virtual Point of Sale Terminal offered by a third-party entity.PECUNPAY will remain uninvolved in any issues and responsibilities that may arise from top-up transactions conducted between the third-party entity and the HOLDER of the account.
The HOLDER can check the available balance of the account on the website/App corresponding to their contracted product.
No store or establishment can provide information about the account balance. Additionally, balance inquiries at ATMs are not available.
PECUNPAY states that the deposited funds will be safeguarded in accordance with the legal provisions specified in Article 21.1 a) of Royal Decree-law 19/2018, of November 23, on payment services and other urgent measures in financial matters.
PECUNPAY expressly declares and commits to ensuring that these funds are never commingled with the funds of any other natural or legal person who is not a customer of the payment services on behalf of which these funds are held.
The HOLDER agrees to cooperate with all requests made by PECUNPAY, through the PLATFORM or any of its external service providers on its behalf, regarding their account, to identify or authenticate their identity or validate their sources of funding or transactions. This may include, among other things, requesting additional information that allows PECUNPAY to reasonably identify them, including requiring them to take steps to confirm ownership of their phone number or payment instruments or verifying their information against third-party databases or through other sources.
PECUNPAY reserves the right to close, suspend, or limit access to their account and/or Payment Services if they cannot obtain or verify such information or if they do not comply with their requests as described in the preceding paragraph.
PECUNPAY may verify the information provided by the HOLDER confidentially or obtain information about the HOLDER from third parties from secure databases. The HOLDER confirms that they consent to PECUNPAY or a third party on their behalf conducting such verifications.
The HOLDER must ensure that the information in their account is always accurate and up-to-date. If at any time PECUNPAY believes that their information is outdated or inaccurate, they may contact the HOLDER through the PLATFORM and request additional information or ask them to go through the verification process again. PECUNPAY will not be responsible for any losses arising from the HOLDER's failure to maintain up-to-date information.
The HOLDER agrees to:
PECUNPAY reserves the right to take appropriate actions in the event of a breach of any of these obligations.
PECUNPAY agrees to:
PECUNPAY will be exempt from liability regarding operations that, even against the will of the payer, have been carried out as a result of an order received by PECUNPAY for which the security requirements have been met.
For the purposes of these General Contract Conditions, the following definitions apply:
PECUNPAY will also remain uninvolved in any issues and responsibilities that may arise from the transaction conducted between the establishment and the HOLDER of the account.
PECUNPAY excludes the Zero Liability Policy of Visa (Visa Global Zero Liability Policy) from its application, subjecting itself to the current European regulations in this regard.
In the case of unauthorized payment transactions, the liability regime of the HOLDER, regulated in Article 46 of Royal Decree-law 19/2018, of November 23, on payment services and other urgent measures in financial matters, shall apply.
Finally, it is possible to deposit funds in euros only into PECUNPAY accounts. Under no circumstances is it possible to deposit cryptocurrencies, and PECUNPAY is exempt from any liability related to them.
PECUNPAY will refund, at any time, solely at the request of the HOLDER, through the PLATFORM, the monetary value stored in their account. In any case, the HOLDER must submit a refund request to PECUNPAY.
Electronic money will be refunded by default through a bank transfer to the account provided by the HOLDER for this purpose.
PECUNPAY is solely responsible for the accuracy and correctness of the information regarding the account statements managed by it and not for the information provided to the HOLDER by any other company or third party unrelated to PECUNPAY, by any means, in case of discrepancies in the requested information.
The fees and commissions that apply in each case will be charged by the PLATFORM that owns the mobile application of the product and will be disclosed on the platform's website.
Additionally, PECUNPAY will directly charge the following commissions to the HOLDER's account:
(* In case the PLATFORM provides this service to the HOLDER)
In the event that the PLATFORM that owns the mobile application of the product ceases its activity, with the HOLDER becoming an exclusive customer of PECUNPAY, the product accounts will remain active, and PECUNPAY's tariffs will apply to the HOLDER. These tariffs will be communicated to the HOLDER through a durable medium in a timely manner.
PECUNPAY may classify the account as "suspected of fraud" when there are well-founded indications that the HOLDER is using the account for fraudulent operations.
PECUNPAY will inform the HOLDER that their product has been classified as "suspected of fraud." Starting from the issuance of this communication by PECUNPAY, in addition to the tariffs detailed in clause 3.1, the following additional commissions will apply:
These additional commissions will also apply if PECUNPAY blocks the account in the cases contemplated in Clause 1.4 of this Contract.
PECUNPAY, as the offering party, has expressly and previously informed the HOLDER and, where applicable, the DISPONENTS, as adherents, of the existence of the general conditions outlined in this document.
Please note that anonymized information or purely statistical data used by RAND will not be considered personal data.
RAND PROTOCOL, S.L. (formerly PASELIA INVEST, S.L.) provided with C.I.F. B-42893925 and domiciled at Plaça Pau Vila, number 1, office 2A2, 08039 Barcelona, pursuant to the deed granted on February16, 2021, before the Notary of Barcelona, D. Salvador Farrés Reig on folio 200of volume 47,710, page number b-560.134 (hereinafter, “RAND”).
In addition, if legal basis is needed for processing your data, your free, informed, specific and unequivocal consent will be requested for the personal data you provide via the website www.rand.network (hereinafter, the “Website”) and the RAND application (hereinafter, the “Application”) or any other forms dependent on the Website and the Application, are processed by RAND, as well as data derived from your browsing and any other data that you may provide in the future.
The data requested in the forms on the Website and in the Application are, in general, mandatory (unless otherwise specified in the required field) to fulfill the purposes for which they are being collected.
Therefore, if they are not provided or are not provided correctly, they cannot be addressed, not withstanding that you may freely view the content of the Website and the Application, except for specific content or certain functionalities of the Website and the Application, limited to registered Users.
If you register on the Website and/or Application, we will process the following information about you:
If you do not register, and you simply browse the Website, we will process the following information about you:
We may only process your personal data if we have an adequate legal basis for doing so. We may process your personal data for any or all of the purposes specified below and on the legal bases indicated:
The personal data of RAND Users may be accessed by:
Your personal data will be kept for the time strictly necessary for the purposes of the processing for which they have been provided, and, in any case, following the principle of data minimization provided for in the applicable regulations.
If you are a RAND User, your data will be kept for the duration of your business relationship with RAND and from the moment you exercise your right to cancel your data or terminate your account, your data will be kept blocked for a period of five years in order to meet the legal responsibilities that may arise from the services provided and ten years in the case of conservation of personal data in compliance with the rules of prevention of money laundering.
You may (i) send a letter to RAND, at the address indicated in the header of this Policy, (ii) access your User area on the Application or the Website; or (iii) send an email to email@example.com, attaching a photocopy of your identity document, at any time and free of charge, for:
If you believe that the above rights have not been properly addressed by RAND, you may file a complaint with the Spanish Data Protection Agency at C/ Jorge Juan, 6, 28001 — Madrid.
In the event that such changes relate to the consent provided by the User, we will send you a separate and independent notice to collect it again.
Public blockchains operate as ledgers, intended to immutably record transactions in networks of computer systems. Many of these public blockchains allow forensic analysis that can lead to de-anonymization and unintentional disclosure of private financial information, especially when blockchain data is combined with other data.
Since blockchains are decentralized or third-party networks that are not controlled or operated by RAND, we cannot delete, modify or alter personal data on such networks.