1.1 By ordering services and using software from Cryptoskat ApS (hereinafter referred to as CryptoSkat), the buyer (hereinafter referred to as the Customer) accepts these terms and conditions. Accept is given by ticking the relevant box during registration/account creation.

1.2 CryptoSkat has the right to change these terms and conditions, provided that this has been communicated to the Customer 14 days in advance. It is the Customer’s responsibility to keep up to date with the applicable terms and conditions.

1.3 By accepting CryptoSkat’s terms and conditions, the Customer also confirms having read and approved the Data Processor Agreement issued by CryptoSkat. The Data Processor Agreement is available as Annex 1 to these terms and conditions.

1.4 By accepting CryptoSkat’s terms and conditions, the Customer agrees to receive occasional news updates by email from CryptoSkat, including updates on new CryptoSkat features, significant developments in tax legislation and changes to CryptoSkat’s terms and conditions, cookie policy, and/or privacy policy.

1.5 CryptoSkat is entitled to change the Data Processor Agreement, provided that the Customer has been given 14 days’ notice before the changes take effect. Exceptions to this are changes regarding the addition or replacement of sub-processors, which must be communicated to the Customer in writing no later than 1 month plus the current month before the change takes effect. It is the Customer’s responsibility to keep up to date with the applicable Data Processor Agreement.

1.6 CryptoSkat’s terms and conditions and Data Processor Agreement are available on our website in both a Danish and an English version. The Danish version of both the terms and conditions and Data Processor Agreement take precedence in case of interprative doubts.

2.1 The Customer can use the free CryptoSkat subscription “Intro,” which includes 25 transactions, as long as this subscription is available.

2.2 CryptoSkat’s subscriptions all have a duration of 365 days, after which the Customer must actively pay for a new subscription period to access CryptoSkat’s software.

2.3 The Customer’s subscription gives the Customer access to use CryptoSkat’s software for the number of transactions included in the Customer’s chosen subscription.

2.4 If the Customer needs additional transactions, the subscription will be upgraded as soon as the Customer has paid the difference in price between the current and desired subscription for a new subscription period of 365 days.

2.5 If the Customer changes their subscription, any new number of transactions will be available immediately.

3.1 The Customer can terminate their subscription at any time.

3.2 There is no refund or right of withdrawal for ongoing billing periods. By purchasing a subscription, the Customer agrees that the subscription will be put into use and therefore waives any right of withdrawal. The Customer also agrees that a paid subscription cannot be refunded.

3.3 Termination occurs by not paying for a new 12-month period. After termination, CryptoSkat is no longer obligated towards the Customer to provide any service.

3.4 When a subscription has been terminated CryptoSkat is no longer obligated to store the Customer’s data.

3.5 CryptoSkat can terminate a subscription with 3 months’ notice or without notice in the event of the Customer’s material breach of these Terms and Conditions.

4.1 In accordance with these Terms and Conditions, the Customer obtains a non-exclusive access to use CryptoSkat’s service. CryptoSkat’s service is made available online as a “software as a service” product. The Customer does not acquire CryptoSkat’s software or a copy or part thereof and does not obtain a license to run CryptoSkat’s software, except as software as a service.

4.2 A subscription cannot be transferred to a third party.

4.3 The Customer is responsible for and has full responsibility for the third parties to whom the Customer may grant access to CryptoSkat’s service or who use the Customer’s login details.

4.4 The Customer must ensure that CryptoSkat’s service is not used in a manner that could harm CryptoSkat’s name, reputation or goodwill or that is in violation of relevant legislation or any other regulation.

5.1 Current prices can always be found on CryptoSkat’s website.

5.2 CryptoSkat reserves the right to adjust the price with two weeks’ notice.

5.3 All prices are stated in Danish kroner and include VAT.

5.4 If the subscription is not paid for a new (365-day) subscription period, the Customer’s account will be blocked when the previous subscription period has passed. Upon purchase of another 365-day subscription period, the Customer’s account will be re-opened.

5.5 The subscription is considered active until the Customer no longer actively pays for their subscription.

6.1 CryptoSkat reserves the right for programming errors and server breakdowns and cannot be held liable for direct or indirect loss that has occurred in connection with the use of CryptoSkat’s software. CryptoSkat is also not liable for the consequences of force majeure or force majeure-like circumstances. Force majeure covers situations that CryptoSkat has no control over, such as war, fire, unforeseen labor disputes, uprisings and unrest, data crime, unforeseen delays from suppliers, tax authorities, epidemics, pandemics, health crises, and related consequences in the form of quarantine/bans/orders from authorities and impact on IT infrastructure.

6.2 It is the Customer’s responsibility to ensure that all relevant transactions are present for CryptoSkat’s software to function and deliver correct calculations. It is the Customer’s own responsibility to check if this is correct.

6.3 CryptoSkat cannot guarantee that the tax authorities will accept a transaction report and profit/loss calculation generated by CryptoSkat as sufficient documentation for the Customer’s transactions in a tax year, and CryptoSkat cannot be held liable for any resulting financial loss, either directly or indirectly, that the Customer may experience in connection therewith.

6.4 CryptoSkat is held harmless for any claim or loss arising from product liability, loss to third parties, or liability to third parties, to the extent that it arises from the Customer’s use of CryptoSkat’s software.

6.5 CryptoSkat is not responsible for the Customer’s use of CryptoSkat’s API access to exchanges or for the Customer’s use of CryptoSkat’s services in general. CryptoSkat cannot be held liable for the accuracy, completeness, quality, and reliability of the information and neither for the results obtained through these integrations. Similarly, CryptoSkat cannot be held liable for the availability, security or functionality of integrations, including for possible damages and/or losses.

6.6 CryptoSkat does not provide legal or financial advice of any kind, including not on the taxation of cryptocurrencies and other digital assets. CryptoSkat’s service to the customer consists solely of providing a platform (software as a service) for calculating profits and losses on the Customer’s trades with cryptocurrencies and other digital assets. The accuracy of these calculations is entirely dependent on the data that the Customer uploads to CryptoSkat.

CryptoSkat cannot be held liable for any references to, mention of, reproduction of, or summary of decisions or rules on the taxation of cryptocurrencies. CryptoSkat cannot be held liable for the accuracy of the calculations made by CryptoSkat based on the transaction data that the Customer uploads to CryptoSkat.

The Customer declares to be aware of the significant volatility, risk of market manipulation, and general uncertainty associated with trading cryptocurrencies and other digital assets that take place in a weakly regulated market. CryptoSkat does not encourage the Customer to trade cryptocurrencies or other digital assets and cannot be held liable for the Customer’s trades with such assets.

6.7 CryptoSkat strives for the highest possible operational stability, but is not liable for breakdowns or operational disruptions, including operational disruptions caused by factors beyond CryptoSkat’s control. Thus, CryptoSkat cannot be held liable for errors, interruptions, disturbances, repairs, errors in updates, or maintenance of CryptoSkat’s website or software. The same applies if systems or APIs at exchanges or other third parties cause of any errors or disturbances.

6.8 In the event of a breakdown or disruption, CryptoSkat strives to restore normal operations as quickly as possible and without unnecessary delays.

7.1 This section 7 describes the terms for Customers and third parties who choose to actively sign up as a CryptoSkat affiliate and participate in our affiliate program (hereinafter referred to as “Affiliate” and “Affiliates”). The purpose of the affiliate program is for Affiliates to refer paying customers to CryptoSkat in exchange for a commission to be paid by CryptoSkat to the Affiliate.

7.2 Upon registration the Affiliate receives an individual and unique referral link, which the Affiliate can use when referring customers to CryptoSkat.

7.3 Commission is only paid for sales that are made when the new customer accesses Cryptoskat.dk via qualified, correctly structured referral links (hereinafter “Referral Link”). It is solely the Affiliate’s responsibility to ensure the use of correctly structured Referral Links.

7.4 A sale of a CryptoSkat subscription entitles the Affiliate to a commission when the referred customer has signed up for CryptoSkat through the Affiliate’s Referral Link with a paid subscription (hereinafter referred to as “New Customer”), and this registration occurs no later than 30 days after the customer has accessed CryptoSkat’s website via the Affiliate’s Referral Link. The right to commission is also earned when a customer creates a free trial subscription during this 30-day period and then upgrades to a paid subscription at any later point.

7.5 The right to commission is also generated when the New Customer renews or upgrades their subscription in subsequent years, provided that this renewal or upgrade occurs through the New Customer’s continued subscription with CryptoSkat. However, if the renewal or upgrade of the subscription occurs more than 30 days after the expiration of the New Customer’s subscription, the Affiliate does not earn the right to commission on the New Customer’s renewal or upgrade of their subscription.

7.6 Unless otherwise agreed specifically between the Affiliate and CryptoSkat, the commission is 20% of the New Customer’s subscription or renewal price, excluding VAT.

7.7 The Affiliate is required to submit complete documentation of their identity to CryptoSkat within 3 months of joining CryptoSkat’s Affiliate program, according to CryptoSkat’s instructions. CryptoSkat collects this information about the Affiliate to comply with “Know Your Customer” regulation. All information submitted by the Affiliate is stored in an encrypted database. Failure to submit documentation in a timely manner constitutes a material breach of the Affiliate agreement between the Affiliate and CryptoSkat, which results in all commission earned by the Affiliate being forfeited without notice, and CryptoSkat being entitled to immediately terminate the Affiliate agreement between the Affiliate and CryptoSkat without notice.

7.8 Commission to the Affiliate is paid by CryptoSkat no later than 7 business days after the end of the quarter in which the Affiliate’s total earned commission exceeds DKK 500.

7.9 The Affiliate is entitled to use CryptoSkat’s marketing materials made available by CryptoSkat, subject to further agreement between CryptoSkat and the Affiliate.

7.10 The Affiliate is not entitled to act as a representative for, or in any way give others cause to perceive the Affiliate as a spokesperson for CryptoSkat. The Affiliate agrees not to participate in the distribution of unsolicited bulk emails (spam) that refer to CryptoSkat. The Affiliate agrees not to spam websites, including chat channels and message boards, with referral links to CryptoSkat.

7.11 The Affiliate’s tax affairs resulting from paid commission are irrelevant to CryptoSkat. The Affiliate is not an employee of CryptoSkat, and CryptoSkat is not obliged to make any deductions or withholdings as a result of paid commission.

7.12 The Affiliate has the right to terminate the Affiliate agreement immediately and without prior notice. If the Affiliate terminates the agreement, no commissions will be paid by CryptoSkat for New Customers referred after the termination date. Already earned commissions are paid according to the terms and conditions applicable to CryptoSkat’s affiliate program at the time of referral.

7.13 CryptoSkat can terminate the Affiliate agreement immediately and without prior notice in the event of the Affiliate’s breach of the Affiliate agreement. If CryptoSkat chooses to terminate the agreement due to the Affiliate’s breach, the Affiliate forfeits the right to all unpaid commissions and all future commissions.

7.14 CryptoSkat may at any time and at its own discretion change the terms and conditions of CryptoSkat’s affiliate program. These changes may include, but are not limited to, changes in the scope of commissions, payment plans for commissions, payment procedures, and rules for affiliated programs. When changing the terms and conditions of CryptoSkat’s affiliate program, the Affiliate is still entitled to the Commission on the New Customers referred to CryptoSkat before the terms and conditions changes took effect on the terms applicable to the affiliate program at the time of referral.

8.1 CryptoSkat as Data Controller: As part of the Customer’s onboarding and continuous operation, CryptoSkat continuously collects information about the Customer. This includes contact information as well as data about the Customer’s use of CryptoSkat’s software. This is regulated in CryptoSkat’s cookie and privacy policies.

8.2 CryptoSkat as Data Processor: CryptoSkat and the Customer agree that the Customer is the “Data Controller” for all data that the Customer  accumulates in CryptoSkat’s software as part of its operation or otherwise. The Customer owns and can freely dispose of its own data in CryptoSkat’s software. Matters regarding Customer data are regulated in the Data Processor Agreement entered into between the Customer and CryptoSkat.

8.3 CryptoSkat’s software allows the Customer to export a transaction report generated by the Customer in CryptoSkat’s system with a complete transaction list.

8.4 CryptoSkat is not obliged to store the Customer’s data after 30 days from the end of the subscription. CryptoSkat reserves the right to delete the Customer’s data 90 days after the subscription expires, regardless of the reason.

8.5 CryptoSkat is entitled to use the Customer’s data for statistics and analysis of CryptoSkat’s service to the Customer and other customers. This must be done in fully anonymized form.

8.6 CryptoSkat is entitled to store the Customer’s data after the end of the subscription for statistics and analysis of CryptoSkat’s service to the Customer and other customers. This must be done in fully anonymized form.

8.7 In special cases CryptoSkat may give third parties access to the Customer data, but only in accordance with the relevant data protection legislation and Danish law. This may happen in connection with court orders, official requirements, the Customer’s bankruptcy, death, or similar.

8.8 CryptoSkat is entitled to maintain a transaction log of activity on the Customer’s account for the purpose of monitoring and tracking system errors. Transaction logs are kept for up to 30 days and contain data on user login and transaction actions.

9.1 Data security has the highest priority at CryptoSkat. We work seriously and professionally based on internationally recognized security standards. We regularly conduct internal follow-ups regarding the adequacy and compliance of policies and measures.

9.2 CryptoSkat is committed to avoiding unauthorized access, disclosure or other aberrant processing of personal information. CryptoSkat must ensure the confidentiality of the personal information we process, maintain the integrity of personal information, and ensure its availability in accordance with applicable data protection laws.

10.1 Occasionally CryptoSkat may be required to disclose personal information to public authorities or third parties, which we will disclose if required by applicable law or regulation. This may include, for example, authorities investigating an alleged crime, establishing, exercising or defending legal rights. CryptoSkat will only comply with requests for disclosure of personal information where we are required to do so.

11.1 CryptoSkat deletes the Customer’s personal data when they are no longer necessary for the purpose for which they were collected. This means that if there is a customer relationship, CryptoSkat stores personal data for the current accounting period plus 5 years after the end of the customer relationship. If personal data has been provided by the Customer with consent but without a customer relationship being established, CryptoSkat stores personal data for the current accounting period plus 12 months.

11.2 The exception is digital correspondence with individuals without a customer relationship, which is deleted after 90 days.

11.3 Legal requirements under applicable law are also taken into account, where the Danish Accounting Act requires CryptoSkat to store information for 5 years. CryptoSkat also processes data for purely statistical purposes, but in these cases the data will be anonymized.

12.1 As a Customer or otherwise registered in CryptoSkat’s system you have certain rights that CryptoSkat is obligated to fulfill.

12.2 You have the right to opt out of receiving marketing communication from CryptoSkat, and you can do so by following the instructions for unsubscribing in the relevant marketing communication. Please note that even if you opt out of receiving marketing communication, you may still receive administrative messages from CryptoSkat, such as order confirmations and messages that are necessary to manage your account or the services you use.

The Customer has the following rights:

The right of access by the data subject
The right to rectification
The right to erasure (“right to be forgotten”)
The right to object to automated individual decision-making, including profiling
If the Customer wishes to exercise their rights, the Customer must contact CryptoSkat at email: sikkerhed@cryptoskat.dk

In connection with this, the Customer must provide:

The account ID for the account the request relates to
Description of which right is being exercised and how

The rights are also described in CryptoSkat’s privacy policy.

13.1 If we make changes to our Terms and Conditions, Cookie Policy or Privacy Policy, we will publish the revised terms or policies here with an updated revision date. We encourage you to review the Terms of Trade and policies regularly. If we make significant changes to our terms or policies that materially change our practices for the protection of personal data, we may also notify the Customer in other ways, such as by sending an email or by posting a notice on our website and/or on social media, prior to the changes taking effect.

14.1 By entering into these Terms and Conditions, CryptoSkat is granted, with regard to the Customer’s data, sufficient rights to operate and fulfill its obligations in relation to the Customer.

14.2 There is no transfer of intellectual property rights to the Customer.

14.3 All material on CryptoSkat’s website and software belongs to CryptoSkat, including designs, texts, functionality and overall impression. If you wish to quote or otherwise refer to CryptoSkat, it is a prerequisite that you have requested written permission from CryptoSkat and received such written permission.

14.4 All data and information provided by CryptoSkat’s software, except for the Customer’s data and transaction report covered by the Data Processor Agreement, belong to CryptoSkat and may be retained as long as it is in accordance with applicable law.

14.5 The Customer warrants that the data uploaded by the Customer to CryptoSkat in connection with the Customer’s use of CryptoSkat’s services do not infringe third-party rights and do not contain material that may be offensive or in violation of relevant legislation or regulation.

15.1 CryptoSkat is entitled to carry out all changes, updates, additions and restrictions etc. to CryptoSkat’s software that CryptoSkat deems relevant or necessary. Such updates, improvements and changes etc. may occur with or without notice and may affect services, including information and data uploaded to or provided by CryptoSkat’s software.

16.1 In connection with due diligence processes prior to any mergers and acquisitions or divestitures of all or part of CryptoSkat’s business, external parties and their consultants will have access to the information described in the Terms and Conditions. This will include personal information. In such cases, the external parties and their consultants will enter into a confidentiality agreement with CryptoSkat, which will include a prohibition on disclosure of personal information.

17.1 These Terms and Conditions are governed by Danish law and any dispute arising from the Customer’s use of CryptoSkat, including these Terms and Conditions, shall be brought before the proper court in Denmark.

18.1 These Terms and Conditions come into effect on December 8th, 2021 for customers who have subscribed on or after this date.

18.2 Previously valid Terms and Conditions may be provided upon request to Customers who subscribed to CryptoSkat before this date.

18.3 CryptoSkat’s Terms and Conditions are available in both Danish and English. In the event of a discrepancy between the Danish and English versions of the Terms and Conditions, the Danish version of the Terms and Conditions applies and determines rights and obligations with full legally binding effect. In such a situation, the English version of the Terms and Conditions must be disregarded in its entirety.

CryptoSkat ApS
Company registry no. (Danish CVR-nr.) 42644544
Richard Mortensens Vej 130
2300 Copenhagen S
Denmark

Tel: +45 6057 8783
E-mail: support@cryptoskat.dk

1. This agreement establishes the rights and obligations that apply to the Customer’s use of CryptoSkat’s internet-based calculation system for profit and loss on cryptocurrency trading (hereinafter the “System”), as well as all additional modules, integrations, or services related to the use of the System.

2. As a result of the Customer’s use of the System, CryptoSkat processes data on behalf of the Customer.

3. CryptoSkat and the Customer confirm that they have the authority to enter into the Agreement.

4. When using the System, the Customer will be responsible for its processing of all personal data in the System. CryptoSkat will process personal data on behalf of the Customer. This data processor agreement is designed for the parties’ compliance with Article 28(3) of the European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), which sets specific requirements for the content of a data processor agreement.

5. The data processor agreement and CryptoSkat’s “Terms and Conditions” are interdependent and cannot be terminated separately.

6. By accepting this agreement, the Customer approves and accepts CryptoSkat’s use of subcontractors, provided that they meet the requirements of this agreement. All sub-processors can be found in Annex 1.B to the Data Processor Agreement.

7. If a subprocessor is used that stores personal data outside the EU/EEA, the Customer authorizes CryptoSkat to ensure an adequate basis for the transfer of personal data to third countries on behalf of the customer, including by using the EU Commission’s Standard Contracts or in accordance with Privacy Shield or PIPEDA Act.

8. The agreement regulates CryptoSkat’s processing of personal data on behalf of the Customer and describes how CryptoSkat must help protect privacy on behalf of the customer through technical and organizational measures required under applicable data protection laws, including the General Data Protection Regulation (hereinafter GDPR).

9. This Data Processor Agreement enters into force on 8 March 2022.

10. After this date the Data Processor Agreement will enter into force when the Customer approves CryptoSkat ApS’ Terms and Conditions online.

11. This Data Processor Agreement includes three appendices. The appendices function as an integral part of the data processor agreement.

a. Appendix 1.A contains further information about the processing, including the purpose and nature of the processing, the type of personal data, the categories of data subjects, and the duration of the processing.

b. Appendix 1.B contains a list of sub-processors approved by the Customer.

c. Appendix 1.C contains detailed instructions on the processing to be carried out by the provider on behalf of the Customer (the subject of the processing), the minimum security measures to be observed, and how CryptoSkat and any sub-processors are to be monitored.

1. By using the System, the Customer is responsible to third parties for ensuring that the processing of personal data is carried out in compliance with the General Data Protection Regulation and data protection legislation.

2. The Customer must ensure, in a comprehensive manner, a lawful basis for processing and disclosing personal data to CryptoSkat and its sub-processors.

3. The Customer is solely responsible for the integrity, lawfulness, and accuracy of the Personal Data processed by CryptoSkat.

4. The Customer should not use the System in a way that deviates from the specification in Appendix 1.A

1. CryptoSkat may only process personal data according to documented instructions from the Customer, unless required to do so under EU law or the national law of a member state to which the provider is subject; in such cases, the provider informs the Customer of this legal requirement prior to processing, unless the law in question prohibits such notification for important reasons of public interest, pursuant to Article 28(3)(a).

2. By entering into this Agreement, the Customer instructs CryptoSkat to process Personal Data in the following ways:

a. in accordance with applicable law,

b. to fulfill its obligations under the subscription terms for the System,

c. as further specified by the Customer’s normal use of the System, and

d. as described in this Agreement.

3. CryptoSkat shall immediately inform the Customer if an instruction, in its opinion, violates the General Data Protection Regulation or data protection provisions of other EU law or the national law of a member state.

4. CryptoSkat reserves the right to track how the Customer uses the System. This is to continually provide an updated and relevant version of the System. For more information, refer to CryptoSkat’s privacy policy and cookie policy.

5. Taking into account the available technology and implementation costs, as well as the scope, context, and purpose of the Processing, CryptoSkat is required to take all reasonable measures, including technical and organizational measures, to ensure an adequate level of security in relation to the risk and category of Personal Data to be protected.

6. CryptoSkat shall promptly notify the Customer if it becomes aware of a security breach. Furthermore, CryptoSkat shall, to the extent possible and lawful, notify the Customer if:

a. A request for access to Personal Data is received directly from government authorities, including the police.

1. CryptoSkat ensures that only those persons who are currently authorized have access to the personal data processed on behalf of the Customer. When authorization is terminated, CryptoSkat must immediately remove access.

2. Only persons who need access to the personal data to fulfill CryptoSkat’s obligations to the Customer may be authorized.

3. CryptoSkat ensures that persons authorized to process personal data on behalf of the Customer have committed to confidentiality or are subject to an appropriate statutory duty of confidentiality.

4. Upon request from the Customer, CryptoSkat must be able to demonstrate that the relevant employees are subject to the above duty of confidentiality.

1. The processor shall implement all measures required under Article 32 of the General Data Protection Regulation, which specifies that appropriate technical and organizational measures shall be implemented to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.

2. The above obligation entails that CryptoSkat must conduct a risk assessment and subsequently implement measures to address identified risks. These measures may include, among other things, the following:

a. Pseudonymization and encryption of personal data

b. Ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services

c. Ability to timely restore availability of and access to personal data in the event of a physical or technical incident

d. A procedure for regular testing, assessment and evaluation of the effectiveness of the technical and organizational measures for ensuring processing security.

3. In connection with the above, CryptoSkat must in all cases, at a minimum, implement the level of security and measures specified in this Data Processing Agreement’s Appendix 1.C.

1. CryptoSkat may use sub-processors. At the time of entering into the Agreement, CryptoSkat uses the sub-processors listed in Appendix 1.B of the Data Processor Agreement. By entering into this Data Processor Agreement, the Customer approves all sub-processors listed in Appendix 1.B.

2. CryptoSkat shall ensure that the use of sub-processors complies with Article 28(2) and (4) of the GDPR.

3. CryptoSkat is entitled to make changes to the sub-processors listed in Appendix 1.B. In case of changes to sub-processors, CryptoSkat shall notify the Customer in writing of the planned changes regarding the addition or replacement of sub-processors no later than 1 month plus the current month before the change takes effect.

4. The Customer may refuse the use of the new sub-processor, which shall be communicated to CryptoSkat no later than 2 weeks from the date of the notice of change. In this case, all agreements between CryptoSkat and the Customer are considered terminated by the Customer without further notice.

5. Once CryptoSkat has the Customer’s approval to use a sub-processor, the processor shall ensure that the sub-processor is subject to the same data protection obligations as those set out in this data processing agreement through a contract or other legal act under EU law or the national law of a Member State, including ensuring that the sub-processor implements appropriate technical and organizational measures so that the processing meets the requirements of the GDPR. Thus, CryptoSkat is responsible for imposing, through the conclusion of a sub-processor agreement, at least the obligations to which CryptoSkat is subject under data protection regulations and this data processing agreement with its appendices on any sub-processor.

6. If a sub-processor is established outside the EU/EEA or if Personal Data is stored outside the EU/EEA, the Customer authorizes CryptoSkat to ensure an adequate basis for the transfer of Personal Data to a third country on behalf of the Customer, including by using the European Commission’s Standard Contractual Clauses or in accordance with Privacy Shield or PIPEDA Act.

1. CryptoSkat notifies the Customer without undue delay after becoming aware that there has been a breach of personal data security at CryptoSkat or any sub-data processor. CryptoSkat’s notification to the Customer must, if possible, take place no later than 48 hours after the latter has become aware of the breach.

1. Upon termination of the services relating to processing, CryptoSkat is obliged to delete all personal data and to delete existing copies, unless EU law or national law prescribes the storage of the personal data.

2. Upon termination of the customer relationship, all of the Customer’s accounting data will be deleted 90 days after the end of the subscription, unless the Customer instructs CryptoSkat to delete data earlier.

3. CryptoSkat reserves the right to keep data in anonymized form for the purpose of keeping statistics.

1. The detailed procedure for the Customer’s supervision of CryptoSkat can be found in Appendix 1.C of the Data Processing Agreement.

2. The Customer’s supervision of any sub-data processors is done through CryptoSkat. The detailed procedure for this is described in this agreement’s Appendix 1.C.

1. This agreement enters into force on 8 March 2022.

2. Termination of the data processing agreement can take place in accordance with the terms of termination, incl. notice of termination described in the Terms and Conditions.

3. The agreement is valid as long as the processing continues. Regardless of the Terms and Conditions and/or the termination of the data processing agreement, the data processing agreement will remain in force until the end of the processing and the deletion of the information by CryptoSkat and any sub-data processors.

The purpose of the processor’s processing of personal data on behalf of the Customer is to enable the Customer to use the System, owned and administered by CryptoSkat, to:

• Import and export the Customer’s transaction data from exchanges and wallets.
• Compile this transaction data for the purpose of calculating profits and losses on the Customer’s cryptocurrency trades.
• Calculate profits and losses on the Customer’s cryptocurrency trades.
• Prepare an annual report on profits and losses for the Customer.

The processing includes the following categories of data subjects:

• The Customer

The processing includes the following types of personal data about the data subjects:

• Name
• Address
• E-mail
• Payment information received via Stripe

The processing does not include sensitive personal data.

CryptoSkat’s System relies on a number of subcontractors to operate. Such “subprocessors” are third-party suppliers inside and outside the EU/EEA. CryptoSkat’s subcontractors are listed in the below list of subprocessors. CryptoSkat must ensure that its subprocessors comply with corresponding obligations and requirements as described in the Agreement. All use of subprocessors is also subject to the “Terms and Conditions.”

At the time of the data processing agreement’s entry into force, the Customer has approved the use of the following subprocessors:

For personal data that the Customer uses the System to process, the provisions of this Data Processor Agreement apply. With regard to CryptoSkat’s processing of personal data related to the customer/supplier relationship between the Customer and the Processor, reference is made to our Terms and Conditions.

CryptoSkat is bound by confidentiality regarding all information that may come to its knowledge about the Customer and is not entitled to disclose such information to third parties, unless such information is publicly available or where CryptoSkat has received the information from a third party outside of confidentiality, or where CryptoSkat is required to disclose the information under legislation or on the order of an authority or court.

CryptoSkat’s processing of personal data on behalf of the Customer may be carried out by CryptoSkat performing the following:

a. Support

• Support is provided to all users of CryptoSkat’s software. One channel is used for this purpose: email.

b. General user statistics

• Ongoing statistics are kept on users of CryptoSkat’s software. This is to identify possible improvements, new useful features or identify Customers with a business that could benefit from an existing feature.

c. Industry indices and business cycle indicators. This processing is 100% in anonymized form.

d. Hosting

• CryptoSkat’s software is provided as an online solution using various hosting solutions. Several different data centers may be used to enhance the user experience.

e. Backup

• CryptoSkat makes backups of user data to be able to restore data in the event of a breakdown.

Data security is the business risk that is given the highest priority in CryptoSkat. We handle data security seriously and professionally. We have implemented security measures to ensure data protection for both customer information, personal information, and other confidential information. We regularly carry out internal follow-ups on the adequacy and compliance of policies and measures.

CryptoSkat expects that the Customer uses the System in accordance with what is described in Appendix 1.A of the Data Processing Agreement.

The security level reflects this.

CryptoSkat is therefore entitled and obligated to make decisions about which technical and organizational security measures should be used to create the necessary (and agreed) level of security regarding the information.

However, in all cases and at a minimum, CryptoSkat must implement the following measures agreed with the Customer (based on the risk assessment the Customer has made):

CryptoSkat periodically makes backups of data as a measure for physical breakdowns or technical incidents that may affect operations.

CryptoSkat has set up measures for employees who can access the Customer’s data.

CryptoSkat reserves the right to log all activity in the System for general monitoring and maintenance of the system. Logs are used to verify System uptime and manage unexpected errors etc.

We keep Customers’ data for as long as the customer relationship exists. After the expiration or termination of a Customer’s subscription, we delete all of the Customer’s data after 90 days. An exception to this is the Customer’s instruction to delete data earlier.

There is always at least one backup server of all data with a three-month history.