Legal information

General Terms of Use and Sale

Crypto-asset mining software – Pickminer

Version updated on 11/22/2022
Ilium S.A.S. («Ilium") is a simplified corporation (société par action simplifiée (S.A.S.)) registered at the Metz Trade and Companies Register (R.C.S.) under number 831 069 729. Ilium is registered with the Autorité des marchés financiers (AMF) as a digital asset service provider for digital asset custody services on behalf of third parties, and services for the purchase or sale of digital assets against digital assets on behalf of third parties under number E2022-048. Some of the services and products offered by Ilium/Pickminer are not subject to registration or approval requirements.

1. Scope

These General Terms and Conditions of Use and Sale (“Terms and Conditions” or “General Conditions”) define the conditions of access and operation of the Pickminer website located at https://www.pickminer.com/, inform users of the means made available to them to use them and are intended to define the conditions and terms of use of crypto-asset mining software called Pickminer (“Pickminer” or “Mining Software” or “Software”), as well as the rights and obligations of users in connection with the subscription to the services of use of the Software. They govern the relationship between Ilium in connection with the use of Pickminer and the subscriber (“Customer(s)” or “User(s)”) who uses the Pickminer Software.
Pickminer is a copyrighted work owned by ILIUM S.A.S. ("ILIUM" or "Ilium"). Certain features of the Website may be subject to additional guidelines, conditions or rules, and the General Conditions may be supplemented, where appropriate, by terms of use specific to certain Services. In case of contradiction, the special conditions prevail over these General Conditions.

In order to use any of the Services offered by Ilium through its Pickminer Website, the User and/or Customer must be at least 18 years of age and reside in a country in which the relevant Pickminer Services are accessible. Please note that not all Pickminer Services are available in all countries. If you disagree with all provisions of these Terms, we ask that you do not log in and/or use the services offered by Pickminer.
These General Terms and Conditions are accessible and printable at any time by a direct link on the Pickminer website. They can also be communicated via e-mail to users and/or customers upon simple request to the address [email protected]

These General Terms and Conditions take precedence over all other documents provided for information purposes only (e.g. material for marketing purposes, presentation material for information purposes, etc.) and which do not constitute a contractual document.

These General Terms and Conditions are available and printable on the Pickminer Website (the “Website”) located at https://www.pickminer.com/ and are effective as of the date of their posting on the Website. They can also be communicated via e-mail to customers upon simple request at [email protected]

Subscription to Pickminer’s services implies explicit and unreserved consent from the Customer to these General Terms and Conditions. By accepting these General Terms and Conditions, the Customer acknowledges having been expressly informed about the process and technical constraints of Pickminer crypto-asset mining software. The acceptance of the General Terms and Conditions of Use and Sale as well as the version accepted by the Customer will be kept and archived in a durable and unalterable manner.

If the Customer does not agree with these General Terms and Conditions, he/she must not use the services offered by Pickminer.

2. General provisions

Pickminer/Ilium reserves the right to change or modify these General Terms at its discretion and at any time. Pickminer/Ilium will notify such changes by updating the Terms on its website (https://www.pickminer.com/) and by changing the last revision date displayed on this page. Any changes or changes to these Terms shall take effect upon publication on the Website or communication to users. Before using the Products and Services made available by Pickminer/Ilium, the User is asked to carefully read the General Terms and Conditions of Use and Sale. By selecting “I accept the General Terms and Conditions”, accessing the Website, using Pickminer/Ilium’s services and products, the User acknowledges having read these General Terms and Conditions and agrees to be bound by them. Therefore, the continued use of Pickminer/Ilium Services and Products by the User is deemed to be its acceptance of the agreement and the amended Rules.

These General Terms and Conditions apply without restriction, reservation or time limit to any use of the Pickminer/Ilium Website and Services.

If the User does not accept changes to these Terms and Conditions, he/she must immediately cease using the Pickminer/Ilium Services. It is also recommended that the User frequently reviews these Terms and Conditions to ensure that he/she understands the terms and conditions that apply to their access to and use of the Pickminer/Ilium Services.

3. Definitions

"Crypto-assets": Crypto-assets or virtual digital assets that rely on blockchain technology through a decentralized registry and an encrypted computer protocol.

"Blockchain": Blockchain is a technology for storing and transmitting information with high standards of transparency and security and without a central control body.

"Customer": A natural person or legal person who, acting on his own behalf, makes a purchase of a product and/or service through the Pickminer Website and bound by a dedicated contract.

"User Content": Content and information provided by the User.

"Mining": Mining is the use of computing power to secure the blockchain and generate new blocks.

"Product": All hardware and software manufactured and/or developed by Pickminer/Ilium under this brand and available for purchase on the Website.

"Website": The website operated by Pickminer/Ilium available at https://www.pickminer.com/

"Service": All services offered by Pickminer/Ilium and available on the Website.

"User": A natural person or legal person who uses the functions and services offered on the Pickminer Website

"Wallet": Digital wallet for storing digital assets

4. Access to the Website

Subject to these Terms and Conditions, Pickminer/Ilium grants the User a non-transferable, non-exclusive, revocable and limited license to access the Website solely for your personal, non-commercial use.

4.1. Access to the Website

Digital assets are located in decentralized markets that are poorly or partially regulated. Pickminer/Ilium draws the user’s attention to the high risks involved in the use of digital assets, including the risk of losing all or part of the amount invested from the possession of digital assets, and this may not be suitable for all users. Digital asset prices are highly volatile and can be affected by external factors (for example, regulations, policies, or financial events). The user must therefore take into account his objectives, level of experience and risk tolerance with regard to digital assets. It is important for the User to understand all risks related to blockchain and digital assets before using Pickminer Services. The User acknowledges fully understanding these risks before using Pickminer Services or deciding to acquire mining equipment. Pickminer/Ilium shall in no way be responsible for the User’s mining equipment, nor for its maintenance or wear related to its use by the User for activities such as mining.

The Services offered by Pickminer/Ilium are based on blockchain technology and the technology underlying each blockchain (e.g., Ravencoin) that are independent and not subject to Pickminer/Ilium’s control. Any malfunction, error, fault, violation or unexpected operation of the blockchain can result in loss or decrease in the value of digital assets or error in processing processes, in an unexpected or unintended manner. Pickminer/Ilium cannot be held responsible for its malfunctions.

The User is also aware that he is subject to the tax regulations of the jurisdiction to which he/she depends and is fully responsible for any declaration and payment of any tax due to the competent tax authority as required by applicable law. Ilium is under no obligation to indemnify the User in connection with its tax obligations and will not provide him with tax advice.

Pickminer/Ilium draws the User’s attention to the uncertainty of the tax legislation relating to digital assets as well as future tax consequences or developments that are still unknown at the date of revision of these General Terms and Conditions for which Pickminer/Ilium cannot be held liable.

4.2. Restrictions:

The rights granted to the User in these Terms and Conditions are subject to the following restrictions:

Use Pickminer and the services offered in good faith;

Not violate or violate the terms of these Pickminer Terms of use and Sale, the Privacy Policy, or any applicable law in any applicable jurisdiction;

Not to commit, conduct or make false statements, fraud, malicious acts or criminal activities;

Not to provide false, inaccurate, incomplete, outdated or misleading information;

Not interfere with, intercept or expropriate our network, system, data or information;

Do not transmit or download viruses or other software or malware, or attempt to gain unauthorized access to other users' accounts, Website, network or systems such as Wallets;

Not decompile, reverse engineer or disassemble any of Pickminer's programs, systems or products, or otherwise violate the intellectual property rights and/or those of our partners;

Not to create or run programs or scripts for the purpose of scratching, indexing, monitoring or exploring the data of any part of our programs, systems or products, or to unduly interfere with the operation and/or functionality of any aspect of Pickminer's services and products;

Do not sell, do not rent, do not transfer, do not assign, do not distribute, Do not host or otherwise operate the Website for commercial purposes;

Do not access the Website in order to build a similar or competitive website. Except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, posted, posted or transmitted in any form or by any means, unless otherwise stated, any future version, update or other addition of functionality of the Website will be subject to these terms and conditions. All copyrights and other proprietary notices appearing on the Website must be retained on all copies thereof.

Pickminer/Ilium reserves the right to modify, suspend or discontinue the Website with or without notice. The User agrees that Pickminer/Ilium shall not be liable to the User or any third party for any modification, interruption or termination of the Website or any part thereof.

4.3. Support or Maintenance:

The User understands and agrees that Pickminer/Ilium has no obligation to provide assistance in connection with the Website.

To the exclusion of any User Content that the User may provide, he is aware that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, of the Website and its content are owned by Pickminer/Ilium or its suppliers. These Terms and Conditions and access to the Website do not confer on the User any right, title or interest in intellectual property rights, except for the limited access rights expressed in these Terms and Conditions. Pickminer/Ilium and its suppliers reserve all rights not granted in these terms.

4.4. Third Party links and other users:

Third Party links and Ads:

The Website may contain links to third party websites and services, and/or display advertisements for third parties. These third-party links and advertisements are not under Pickminer/Ilium's control, and Pickminer/Ilium is not responsible for such third-party links and advertisements. Pickminer/Ilium only provides access to these third party links and advertisements as a convenience to the user, and does not review, endorse, monitor, endorse, does not warrant or make any representations regarding third party links and advertisements. The User uses all third party links and advertisements at his or her own risk and must exercise caution and discretion. When the user clicks on one of the third party links and advertisements, the terms and policies of the third party concerned apply, including the third party’s privacy and data collection practices.

Other users:

Each user of the Website is solely responsible for their own User Content. Since we do not control User Content, the User acknowledges and agrees that Pickminer/Ilium is not responsible for any User Content, whether provided by you or others. The User agrees that Pickminer/Ilium is not responsible for any loss or damage incurred as a result of such interactions. In the event of a dispute between the user and another user of the Website, Pickminer/Ilium is not required to become involved.

5. Conditions of access and registration for certain Pickminer services

Pickminer’s Website and access to its services is reserved for persons of age and legally capable. Access is forbidden to minors.

To be able to access certain services offered by Pickminer, a user registration may be necessary. Pickminer/Ilium must accept the registration request of any User. Pickminer/Ilium reserves the right to refuse the registration of any User who does not meet the required conditions such as the conditions of good morality, the regulatory conditions in force or any other element that contravenes the applicable regulatory conditions to which Pickminer/Ilium is subject, without compensation, No recourse possible and without Pickminer/Ilium being obliged to justify its refusal to register the User.

The User undertakes to provide in good faith the information he communicates to Pickminer. The User undertakes to provide Pickminer without delay with the necessary information in case of modification of the information communicated during his registration by making these modifications by himself through the space dedicated to his personal account or by contacting Pickminer by e-mail.

The User undertakes not to create or use accounts other than the one he initially created, whether for his own account or that of a third party. The creation of additional accounts under the user’s own identity or that of a third party without the explicit and specific authorization of Pickminer/Ilium to the user who has previously requested it, may result in the immediate suspension of the user’s account.

The User and/or Customer may be suspended or blocked at any time by Ilium’s Compliance Services for reasons such as (I) the anti-money laundering and terrorist financing procedure; (ii) upon express request of the competent authorities; (iii) failure to comply with these General Terms and Conditions or the Special Conditions applicable to certain products and services offered by Pickminer/Ilium; (iv) legitimate suspicion that the User and/or Customer is the victim of a fraud, theft, cyber attack, manipulation, extortion, Violence or blackmail; (v) due to behavior attributable to the user.

The suspended or blocked User and/or Customer will no longer be able to temporarily or permanently access Pickminer’s Services and Products. Pickminer/Ilium cannot and will not be held responsible for the consequences of any kind caused or related to the blocking or suspension of the user and/or customer.

End User Account:

The User may request at any time the closure of his account by sending an e-mail to [email protected] specifying that it is a request for closure of account and indicating the references of the account concerned as well as his names, first names and e-mail address in the body of the email.

The request will be processed by Pickminer/Ilium within a reasonable time. The processing of the user’s personal data will be carried out in accordance with the regulations and legislation in force and in accordance with the legal obligations that Pickminer/Ilium must fulfill.

6. Processing of personal data

Pickminer/Ilium, as the “controller” of personal data (i.e. the entity that determines the purposes and means of processing personal data), collects and processes personal data (the “personal data”), Namely any information concerning an identified or identifiable natural person relating to each user of the services offered by Pickminer/Ilium. The processing of personal data as described in these Terms and Conditions applies to all users, i.e. natural persons accessing or using Pickminer’s website or services.

Pickminer/Ilium's privacy and personal data protection policy is available and accessible on the Pickminer website.

Pickminer/Ilium processes personal data in accordance with the applicable French and European legislation, in particular with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, Regulation 206/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (the “applicable Regulation”).

As part of the operation of the Website and the provision of the services offered, Pickminer/Ilium collects and processes the following categories of personal data relating to users, depending on the services they use or to which they have subscribed or are about to subscribe:

Personal identification data (for example: last name, first name);

Personal details (for example: date of birth)

Electronic identification data (for example: email address, IP address);

Identification data on the blockchain (for example: the public address of the wallet/wallet);

The transactions with Ilium/Pickminer;

Data relating to habits and preferences (for example: data collected from the navigation on the Website and the use of online forms on the Website).

With regard to the purpose of processing personal data, Pickminer/Ilium processes or may process the user’s personal data according to the services to which he has subscribed or is about to subscribe:

To the extent that this processing is necessary for the provision of the service or for the performance of a contract between Pickminer/Ilium and the User and/or Customer or for the performance of pre-contractual measures taken at the request of the User and/or Customer. Personal data is processed for the implementation, administration and management of the contractual relationship as well as for the updating of information concerning the user and/or customer;

To the extent that such processing is necessary to comply with a legal obligation to which Ilium is subject, including, in particular, regulations relating to the fight against money laundering and terrorist financing; obligations to "know the Customer", detect fraudulent transactions, or any legal obligation to which Pickminer/Ilium is subject or may be subject in accordance with applicable regulations;

To the extent that such processing is necessary for Pickminer/Ilium’s legitimate interest in providing quality services that are best suited to the needs of its users and therefore for the purpose of developing business strategies, prospecting and marketing for products and services promoted by Pickminer/Ilium;

To the extent that this processing is necessary for Pickminer/Ilium’s legitimate interest to ensure the safety of its personnel, users and/or customers and to protect the property for which Pickminer/Ilium is responsible but also to prevent any kind of incidents and accidents.

The user who communicates to Pickminer/Ilium personal data relating to third parties, for example family members, Must be authorized by these third parties and inform them that Pickminer/Ilium processes personal data for the same purposes and in the same manner as those set out in the section dedicated to the processing of personal data in these General Terms and Conditions.

Personal data may be transferred by Pickminer/Ilium to (I) external service providers whose intervention is necessary as part of the services provided to the user and/or customer, (ii) external service providers whose intervention is necessary as part of Pickminer/Ilium’s legal and regulatory obligations, This includes "knowing your Customer". These recipients of personal data are required to comply with legal and contractual obligations regarding the protection of personal data.

Pickminer/Ilium only collects the information necessary for the performance of the services to the user and/or customer, and for compliance with its legal obligations. Personal data is collected directly from the customer (for example, through a form when subscribing to a service) and from third parties (for example, from certain national authorities depending on the services provided). The refusal to disclose personal data to Pickminer/Ilium and the prohibition to process it is left to the discretion of the user and/or customer, but could prevent the continuation of a relationship with Pickminer/Ilium or the provision of certain products or services by Pickminer/Ilium. Ilium/Pickminer may also transfer personal data at the request of the user and/or customer.

Each natural person has the following rights:

A right of access to data,

A right to rectify data,

A right of opposition to the collection and processing of data,

In case of exercise of the right of opposition, Pickminer/Ilium will stop processing personal data, except in case of legitimate and compelling reason(s) for the processing, or to ensure the establishment, exercise or defense of its rights in court, in accordance with the applicable regulations.

A right to erasure of its data

A right to limit the collection and processing of its data,

A right to data portability.

These rights can be exercised by contacting ILIUM, the company that collected the personal data, as follows. By mail, by writing to us at the following address
4 rue Marconi, METZ 57070
By e-mail: [email protected]
ILIUM will send a reply within 1 month of exercising the right. In some cases, related to the complexity of the application or the number of applications, this period may be extended by 2 months.

Pickminer/Ilium undertakes not to keep the User's personal data beyond the period strictly necessary for the purposes of their processing and in accordance with the applicable regulations. Pickminer/Ilium undertakes to archive or delete the User's personal data as soon as the purpose and/or the duration of their retention expires. These maximum durations as detailed in Pickminer/Ilium’s Personal Data Protection and Privacy Policy apply unless the User requests the erasure or cessation of the processing of his Personal Data before the expiry of these periods.

7. Cookies and web beacons

When using the Website and/or the services offered by Pickminer/Ilium, information relating to the navigation of the user's terminal may be stored or consulted in cookie files installed on the user's terminal, Subject to the choices that the user has expressed regarding cookies and that he can modify at any time. The user may also refer to the policy on cookies and other tracers available and accessible on the Pickminer website.

8. Pickminer License (Pickminer Mining Software License)

Pickminer Mining Software, regardless of media or form, is licensed to the User, not sold, by Ilium/Pickminer for use only under these terms. Ilium/Pickminer remains the owner of the Pickminer Mining Software itself and reserves all rights not expressly granted to the User.

Subject to these Terms and Conditions, the User is granted a limited, non-transferable, non-exclusive, revocable license to download, install and use the Pickminer Mining Software. The User may not distribute or make Pickminer Software available over a network where it could be used by multiple devices at the same time. The user cannot rent, lease, lend, sell, redistribute, Assign, sublicense, host, outsource, disclose or commercially exploit the Pickminer Software or make it available to a third party.

There is no license fee for Pickminer software. Ilium/Pickminer reserves the right to change the Royalty Policy in accordance with the amending provisions of these Terms at any time and for any reason, including deciding to commence charging for the license of the Pickminer Mining Software. The User is responsible for all applicable taxes

The User may not, and agrees not to allow others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code from, decrypt, modify or create derivative works of the Pickminer Software or any service provided by the Pickminer Software, Or any part thereof (except to the extent and only to the extent that any foregoing restrictions are prohibited by applicable law or to the extent that this may be permitted by the license terms governing the use of open source components included in the Pickminer Software).

If the user chooses to allow automatic updates, their device will periodically check with Pickminer for updates and upgrades to the Pickminer Mining Software and, if an update or upgrade is available, it will be automatically downloaded and installed on its device and, if necessary, on its devices. Automatic updates can be disabled at any time by changing the automatic update settings in the Pickminer software.

The User agrees that Pickminer may collect and use technical and related information, including, but not limited to, technical information about your computer, system and application software, and peripherals, which is collected periodically to facilitate the provision of software updates, Product support and other services (if any) related to the Pickminer Software and to verify compliance with these Terms. Pickminer may use this information, as long as it is in a form that does not personally identify you, to improve its Services.

The license of the Pickminer Software is effective until terminated. All termination provisions of these Terms also apply to the license of the Pickminer Software. Upon termination of the Pickminer Software license, the User shall cease all use of the Pickminer Mining Software and destroy or delete all copies, complete or partial, of the Pickminer Mining Software.

9. Responsibilities of Pickminer/Ilium

Pickminer/Ilium’s liability for the services offered by Pickminer and its role as a service provider is not engaged when Pickminer can prove that the event that resulted in the loss of one or more digital assets is not the result of an act or omission of Pickminer/Ilium or the event that Has resulted in the loss of one or more digital assets is related to or is inherent in the operation of the blockchain or a Smart Contract whose device is not controlled by Pickminer/Ilium.

Pickminer/Ilium liability cannot be sought if the performance of any of its obligations is prevented or delayed due to force majeure.

Pickminer/Ilium or one of its representatives or partners shall not be liable to the Customer for any loss, damage or claim:

Due to an unusual or unforeseeable event beyond Pickminer/Ilium’s reasonable control, the consequences of which could not have been avoided even with due diligence (e.g. force majeure, including fortuitous cases, war or civil unrest, disasters, acts of national or foreign courts and governmental authorities, strikes, lockouts, labor disputes, terrorist acts, riots);

Resulting from a failure or interruption of public or private telecommunications networks, communication channels or information systems;

Due to delay, failure, interruption or unavailability of third party services;

Any unauthorized or ineligible use of Pickminer’s services and products contrary to these Special Terms and Conditions and Pickminer’s General Terms and Conditions of Use and Sale;

Due to compliance with any applicable law, court decisions or actions of any governmental authority;

Resulting from hacking, forgery, transmission of a computer virus or other unauthorized access or use of Pickminer's products and services.

10. Customer Responsibilities

In order to use Pickminer’s services offered by Pickminer, the Customer must be at least 18 years of age, legally capable and resident in a country in which Pickminer is accessible. These services are not available in all countries.

When registering online, the Customer undertakes to complete the registration form with sincerity and by providing accurate, complete and up-to-date information.

The digital assets that the Customer uses in connection with Pickminer Staking are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any applicable law in the relevant jurisdiction.

The Customer is aware that he is subject to the tax regulations of the jurisdiction to which he depends and is fully responsible for any declaration and payment of any tax due to the competent tax authority as required by applicable law. Ilium is under no obligation to indemnify the Customer in connection with its tax obligations and will not provide tax advice.

Ilium draws the attention of the Customer to the uncertainty of the tax legislation relating to digital assets as well as the consequences or future tax developments still unknown at the date of revision of these Special Conditions for which Ilium cannot be held liable.

Ilium also draws the customer’s attention to the high risks involved in the use of digital assets, including the risk of losing all or part of the amount invested by owning digital assets, and this may not be suitable for all customers. Digital asset prices are highly volatile and can be affected by external factors (for example, regulations, policies, or financial events). The client must therefore take into account its objectives, level of experience and risk tolerance with regard to digital assets.

The customer is aware that his use of Pickminer is at his own risk. It undertakes to:

Use Pickminer and the services offered in good faith;

Do not violate or violate the terms of these Declarations, Pickminer’s Terms of use and Sale, the Privacy Policy, or any applicable law in any applicable jurisdiction;

Not to commit, conduct or make false statements, fraud, malicious acts or criminal activities;

Not to provide false, inaccurate, incomplete, outdated or misleading information;

Not interfere with, intercept or expropriate our network, system, data or information;

Not transmit or download viruses or other software or malware, or attempt to gain unauthorized access to the accounts, website, network or systems of other users such as Wallets;

Not decompile, reverse engineer or disassemble any of Pickminer's programs, systems or products, or otherwise violate the intellectual property rights and/or those of our partners;

Not to create or run programs or scripts for the purpose of scratching, indexing, monitoring or exploring the data of any part of our programs, systems or products, or to unduly interfere with the operation and/or functionality of any aspect of Pickminer's services and products;

Maintain the data necessary for the use of the account created by the Customer in connection with its use of Pickminer’s services and products not available to third parties;

Inform Pickminer/Ilium as soon as possible of any change in the information and documents submitted to Pickminer/Ilium with regard to his identity, his property or business situation, his contact details (address, telephone number, email address) or any other change; and provide new proof. In case of expiry of his identity document, the Customer must provide a new valid document as soon as possible. The Customer undertakes to update the information concerning him and Pickminer/Ilium cannot be held responsible in case the Customer has not notified him of a change of situation.

By using Pickminer Services, Customer acknowledges being informed of the characteristics and limitations of the Internet, blockchain and digital assets. In particular, he/she recognizes:

Be aware of the nature of the Internet and blockchain, in particular their technical performance and the response times inherent to the various actions that can be carried out there;

That the communication of any access codes, encrypted keys, confidential information concerning its portfolio of digital assets or in general any information deemed confidential is made under its own responsibility;

That it is his responsibility to take all necessary measures to ensure that the technical and security features of his computer or any other equipment allowing him to access the Services offered by Pickminer are compatible, secure and up-to-date. It is his responsibility to take all appropriate measures to protect his own data and/or software from contamination by any viruses related to the use of the Internet.

11. Suspending or blocking a user:

A User may be suspended or blocked by Pickminer/Ilium Compliance at any time for reasons relating to:

The regulations in force in the fight against money laundering and terrorist financing (“LCB-FT”);

At the express request of the competent authorities;

The provision of information that is false, inaccurate, outdated, incomplete or in violation of the provisions of these Special Conditions;

In case of non-compliance with these Special Conditions or Pickminer’s General Conditions of use and Sale;

In the absence of a valid response from the Customer within a maximum period of 15 working days concerning requests for supporting documents in connection with the provision of Pickminer’s services;

A legitimate suspicion that the customer is a victim of theft, scam, cyber attack, extortion, violence, blackmail, handling;

Due to behavior attributable to the customer.

When the user’s account is suspended or blocked, they can no longer access Pickminer’s services temporarily or permanently.

Pickminer/Ilium can in no way be held responsible for the consequences of any kind in connection with the suspension or blocking of the user.

Data protection and privacy policy

In connection with the use of the https://www.pickminer.com/ website (hereinafter the “Service”) and the Services available on the Pickminer website (hereinafter the “Website”), ILIUM SA (hereinafter the “Company” or “Ilium”) may collect and process personal data (Hereinafter referred to as " Personal Data ") concerning persons using the Service (hereinafter referred to as " Users ").

The purpose of this Data Protection and Privacy Policy (hereinafter the "Policy") is to inform users of ILIUM/Pickminer's use of their personal data, in compliance with applicable French and European legislation, in particular Law No. 78-17 of 6 January 1978 on data processing, files and freedoms (hereinafter the "Data Processing and Freedoms Act") And Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the "GDPR") (Hereinafter together referred to as the " applicable Regulations ").

By accessing and/or using the Service, the User accepts that his/her personal data will be collected and processed in accordance with the terms and conditions set out below in this Policy.

The Policy is an integral part of the General Terms and Conditions of Use and Sale of the Service (hereinafter the "General Terms and Conditions") and must be read in conjunction with the General Terms and Conditions.
This policy applies to all users (i.e. natural persons, as well as representatives and/or beneficial owners of legal persons) and potential users showing interest in a Service or product offered by Pickminer/ILIUM.

This Data Protection and Privacy Policy describes ILIUM’s obligations as a data controller, indicates the rights of users and potential users to process their personal data, and provides users and potential users with the information legally required in this regard.

The Policy may be amended at any time by ILIUM, in particular to comply with any legislative, regulatory, jurisprudential, editorial or technical developments.

The user must therefore refer to the latest version of the policy before browsing.

1. The identity of the controller

ILIUM/Pickminer, as the "controller" (i.e. the entity that determines the purposes and means of processing personal data), collects and processes the personal data (i.e. any information relating to an identified or identifiable natural person) of each user.

The controller is ILIUM S.A.S., a simplified share company registered in the Metz Trade and Companies Register under number 831 069 729, whose registered office is at 4 rue Marconi, METZ 57070 (hereinafter referred to as "ILIUM", "we", "our", " Our ").

However, when consulting the https://www.Pickminer.com website, other companies may collect personal data about the user. Some companies may, for example, publish cookies or tags.

2. Collect personal data

In order to provide the Service to users, ILIUM/Pickminer may collect and process personal data about them based on the Services they use and/or subscribe to or are about to use and/or subscribe to. In particular, ILIUM/Pickminer may collect and process the following personal data:

1. Data transmitted directly by the user

Data related to a subscription to Pickminer services, including email, username, password;

Data relating to the subscription to the newsletter;

Data related to interactions with the helpdesk;

Data entered via contact forms;

Data relating to the cryptocurrencies/digital assets wallet;

2. data collected when using the services

When using the Services, ILIUM/Pickminer collects data relating to connection, navigation, interactions with advertisements offered, or use of the Services.

3. data collected by other sources

When using the Services and when the User has consented, data relating to interactions with social networks is collected.
Depending on the Services, ILIUM/Pickminer may collect and process the following categories of personal data:

Personal identification data (e.g. name, address, e-mail);

Personal data (e.g. date of birth);

Electronic identification data (e.g. IP address);

Identification data on the blockchain (e.g. the public address of the wallet);

Transactions with Ilium/Pickminer;

Data relating to habits and preferences (for example, data collected when browsing the site and using online forms on the website).

3. Purpose of processing

The User’s personal data is or may be collected and/or processed by ILIUM/Pickminer depending on the Services that the User uses or to which he has subscribed or is about to subscribe in order to:

Provide the Service, ensure its proper functioning;

Improve the Service, in particular to optimize or offer new features to the service;

Facilitate user navigation;

Register users for the Service (opening an online account, etc.) " ILIUM ";

Inform users of ILIUM's offers and news, unless the User opposes, as well as offers and news from ILIUM's partners, if the User has given its consent; user navigation;

Manage the user relationship;

Manage requests made by the user via contact forms;

Manage billing and payment transactions;

Adapt and optimize the display of the content, including advertising, of the Service, to the parameters or preferences, skills and interests, known, assumed or inferred, of the user, that may result from its use of the Service, the information it has entered or navigated and its interactions with the Service;

Measuring the service's audience;

Fight fraud and unpaid payments; To the extent that such processing is necessary to comply with a legal obligation to which ILIUM is subject, including in particular the regulations on measures to fight money laundering and terrorist financing, the obligation to know your customer, the detection of fraudulent transactions;

Secure the website and prevent any type of accident;

Ensure the safety of ILIUM personnel, its users and potential users; and protect the property for which it is responsible.

4. Legal basis of the treatment

Under data protection regulations, to use the User's personal data, ILIUM/Pickminer must ensure that it has one or more of the following legal bases:

1. The performance of an agreement (e.g. to open and manage an account), where such processing is necessary for the performance of contracts between ILIUM/Pickminer and the User or in order to take action at the request of the User or potential User before entering into a contract, or.

2. The performance of a legal obligation (for example, the retention of invoices), and where such processing is necessary to comply with a legal obligation to which ILIUM/Pickminer is subject, or

3. When it meets the legitimate interest of ILIUM/Pickminer, without infringing the rights and freedoms of the user, or

4. When the user has given his consent.

ILIUM/Pickminer collects and processes only the information necessary to provide the Services to users, and to comply with its legal obligations. Personal data is collected from users (for example, when opening an account, through a questionnaire) and from third parties (for example, from duly authorized lawyers or notaries or from national authorities).

Any refusal to provide personal data to ILIUM/Pickminer or to allow ILIUM/Pickminer to process such data, while at the discretion of the User, may prevent the continuation of the relationship with ILIUM/Pickminer, or prevent the provision of certain Products or Services by ILIUM/Pickminer.

The legal bases according to the categories of data and purposes are indicated in the table available in Article VII of this policy

5. Personal data of third parties

A user who provides ILIUM/Pickminer with personal data of third parties (e.g. personal data of family members) must obtain the authorization of such third parties and inform them that ILIUM processes personal data for the same purposes and in the same way as those described in this policy with regard to the processing of personal data.

6. Recipients of the data

The data collected or processed in connection with the use of the Service by the User is intended for ILIUM entities, authorized persons of ILIUM who, because of their functions, must be aware of it for the purposes of the processing, as well as:

to ILIUM service providers, in order to ensure the perfect provision of the Service.

The technical service providers chosen by ILIUM may, on behalf of and at the instruction of ILIUM, intervene to host and store the User's data on their servers and ensure the security of ILIUM's technical infrastructure, such as OVH. They can also manage the relationship with the user through contact forms and conversational tools, such as Hubspot, the loyalty program and marketing campaigns, such as Google.

ILIUM's partners. Some partners, such as Mailchimp (newsletter), may process data in order to provide the Service and for statistical analysis and audience measurement purposes, such as Smartlook, or fraud management, such as Chainalysis.

Social networks (for example: Facebook, Instagram, twitter, Youtube) in the event that the user has expressly consented to the association of his user account with his accounts of use of these social networks when registering on the site.

Administrative or judicial authorities. ILIUM may be required to communicate information about its users, including data, to administrative or judicial authorities, in particular as part of the legal obligations with which ILIUM must comply. ILIUM may transfer personal data if it has a legal or regulatory obligation to do so or if it is instructed to do so by a public authority, within the legal limits.

These recipients of personal data must comply with their legal and contractual obligations regarding the protection of personal data, including applicable confidentiality and confidentiality obligations.

ILIUM may also transfer personal data upon instruction of the user.

7. Transfer of personal data outside the European Union

ILIUM does not transfer the User's personal data outside the European Union. However, several ILIUM service providers and partners may transfer personal data outside the European Union at their convenience. These include social networks, but also

HubSpot,
Contact for data protection:
Nicholas Knoop
HubSpot, Inc.
25 First Street, 2nd Floor
Cambridge, MA 02141 USA
Smartlook,
Personal Data Controller:
Smartlook.com, s.r.o.
šumavská 524/31,
Veveří, 602 00 Brno,
Czech Republic, EU
[email protected] ou [email protected]

8. Retention period for personal data

ILIUM undertakes not to keep the User's personal data beyond the period strictly necessary for the purposes of their processing and in accordance with the applicable regulations.

ILIUM undertakes to archive or delete the User's personal data as soon as the purpose and/or the duration of their retention expires.

These maximum periods apply unless the User requests the erasure or cessation of the processing of his personal data before the expiry of these periods.

Categories of personal data Purposes Retention period Legal basis
Data transmitted directly by the user Data related to the online account -Proceed with the registration of users to the Services.
-Provide the Service and ensure its proper functioning.
-Improve the Service, in particular to optimize or offer new features to the Service.
Up to 3 years after the user ceases to operate. Contract (General Terms of use)
Legitimate interest
Data related to interactions with the support department - Manage the relationship with the user via customer service;
-Manage billing and payment operations;
Up to 3 years after the end of the user's activity, then 5 years for claims management. - Consent
- Legitimate interest
Data collected when using the Services Connection data -Security
- Legal obligations
13 months - Legitimate Interest
- Legal obligations
Navigation data - Facilitate the user's navigation;
- Measure the Service's audience;
13 months - Consent
- Legitimate interest
Other types of data Data related to social networks Provide social media sharing tools when the user has consented to share information. Duration of the relationship with the user - Consent

9. Security of personal data

In accordance with applicable regulations, ILIUM processes personal data in a secure and confidential manner.

In particular, ILIUM implements all technical and organizational measures to ensure the security and confidentiality of personal data collected and processed, and in particular to prevent it from being distorted, damaged or communicated to unauthorized third parties, by ensuring a level of security adapted to the risks related to the processing and the nature of the personal data to be protected, taking into account the technological level and the cost of implementation.

However, ILIUM cannot guarantee the confidentiality or deletion of personal data made public by the User in public parts of the Service.

The Service may include links to external sites or sources. The User acknowledges that the Policy applies only to the use of the Service and does not cover in any way the information collected and/or processed on the sites or external sources whose links may appear on the Service. As a result, ILIUM cannot be responsible for the practices of these sites or external sources in the collection and processing of personal data, which are governed, where applicable, by the personal data policies specific to each of these sites or external sources.

10. Rights of the User regarding his/her personal data

The Service User has the following rights:

A right of access to his/her personal data and to obtain a copy of it,

A right to rectify his/her personal data if they are incomplete or incorrect,

A right of opposition to the collection and processing of such data,

In case of exercise of the right of opposition, ILIUM will stop processing the personal data, except in case of legitimate and compelling reason(s) for the processing, or to ensure the establishment, exercise or defense of its legal rights, in accordance with the applicable regulations.

A right to the erasure of his/her data, under the conditions and limits laid down by the regulations and resulting in particular from ILIUM's legal and contractual obligation,

A right to limit the collection and processing of his/her data,

A right to the portability of his/her data, namely the right to receive his/her personal data or to require that this data be communicated to another controller in a structured, commonly used and machine-readable format.

Natural persons may, at any time, withdraw the consent they have given in cases where ILIUM has requested such consent for the processing of their personal data. The legality of the processing based on the consent granted before its withdrawal will not be affected.

These rights can be exercised by contacting ILIUM, the company that collected the personal data, as follows By mail, by writing to us at the following address
4 rue Marconi, METZ 57070
By e-mail: [email protected]
ILIUM will send a reply within 1 month of exercising the right. In some cases, related to the complexity of the application or the number of applications, this period may be extended by 2 months.

Outputs data after user death:
The user may formulate guidelines for the retention, erasure and communication of his personal data after his death in accordance with Article 40-1 of Law 78-17 of 6 January 1978. These guidelines may be general or specific.
The user can formulate his advance instructions by email [email protected] or by mail at 4 rue Marconi, METZ 57070.

11. Cookies and other tracers

When using the Service, information relating to the navigation of the User's terminal may be stored or consulted in cookie files installed on the User's terminal, subject to the choices that the User has expressed regarding cookies and that the User may modify at any time.
The policy on cookies and other tracers can be found on the Pickminer website.

12. Profiling activities

When using the Service, information relating to the navigation of the User's terminal may be stored or consulted in cookie files installed on the User's terminal, subject to the choices that the User has expressed regarding cookies and that the User may modify at any time.
The policy on cookies and other tracers can be found on the Pickminer website.

13. Contact and complaints

For any request concerning the processing of his data, the user can send a request by email to [email protected] or by mail to the following address 4 rue Marconi, METZ 57070.

Claims
In the absence of a response or if the user is not satisfied with the response provided, he can file a complaint with the CNIL: https://www.cnil.fr/fr/plaintes or by mail: National Commission for Informatics and Liberties- 3 place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.

11.22.2022