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Terms and conditions

The use of the Site and the purchase of Products, respectively the digital content and digital services available on the Site are governed by the following set of Terms and Conditions (hereinafter “TC” or “Contract”), as well as by the rest of the documents mentioned in this document, being applicable to all users, whether natural or legal persons, of the site.www.tradingbusters.com (hereinafter referred to as the TRADINGBUSTERS Site or platform), unless otherwise provided herein. 

Accessing, using or purchasing any products and services made available to you on the platformTradingbusters is subject to acceptance of the following set of terms and conditions, which form the Contract between our Company and you. 

Please read this set of Terms and Conditions carefully before placing an order or enrolling in a course.

Art.1. PARTIES TO THE CONTRACT

1.1 The provider is TB GLOBAL S.R.L, headquartered in Bucharest, Iuliu Maniu Blvd., No. 15G, 6th Floor, Sector 6 having CUI:RO47729490, ORC order number:J2024005685400, hereinafter referred to as provider 

1.2 The Beneficiary is the natural or legal person who accesses or uses the site or purchases the goods with digital content or digital services (hereinafter referred to as digital products and services) made available by the Provider and is identified by its data that appears on the order invoice that is generated when completing the registration form and is hereinafter referred to as Beneficiary, Current student or User. 

hereinafter collectively referred to as the “Parties” and individually as the “Party”

Definitions: 

For the purposes of this set of terms and conditions, the expressions below have the following meanings:

  1. consumer– any natural person acting for purposes which are outside his commercial, industrial, craft or professional activity;
  2. trader– any natural or legal person, whether public or private, acting for purposes related to commercial, industrial, craft or professional activity;
  3. digital content– data produced and provided in digital format;
  4. distance contract– any contract concluded between the professional and the consumer within an organised distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and including the moment the contract is concluded;
  5. personal data– as defined in Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
  6. price– money or a digital representation of the value due in exchange for the supply of digital content or digital services;
  7. digital service– a service that has one of the following characteristics:
  1. a) allows the consumer to create, process, store or access data in digital format;
  2. b) allows the exchange of data in digital format uploaded or created by the consumer or other users of the respective service or any other interaction with this data;
  1. durable support– any instrument that allows the consumer or trader to store information that is addressed to him personally, in a way that is accessible for later reference, for a period appropriate to the purpose of the information and that allows the unchanged reproduction of the stored information (e.g. e-mail address)
  2. online market– any service using software, including a website or part of a website or an application managed by or on behalf of the professional, which allows consumers to conclude distance contracts with other professionals or consumers.

Art.2. OBJECT OF THE CONTRACT

  1. The object of the Contract is the provision of products with digital content and the provision of digital services, consisting of educational and training courses, by the Provider from the range of products presented on the Tradingbusters platform or through other means or communication channels, to the Beneficiary, in exchange for a price, based on an order or registration in accordance with the clauses provided for in this contract.

2.2. The specifications of the Digital Content and Services, which are the subject of this Contract, are communicated by the Provider to the Beneficiary in detail either by publication on the platform or during the online information and presentation meeting established between the Beneficiary and the Provider’s representatives.

2.3. The Provider fulfills its obligation to provide the digital products and services from point 2.1 letter a) and letter b) on the date on which the digital product/digital service becomes accessible to the respective Beneficiary by activating the User account for access to the Tradingbusters platform, and payment of the price represents the express agreement of the Beneficiary to start providing the Digital Products and Services.

2.4. The Digital Products and Services, which form the subject of this Contract, are not subject to updates, being not intended to be subject to any updates or susceptible to updating.

2.5. Digital Goods and Services are not subject to updates, and are not intended to be subject to any updates or susceptible to updating.

2.6. Access to and use of the Site, as well as placing orders/registrations, respectively purchasing digital content products and providing digital services are subject to and regulated by this document, the contract concluded between the parties, the Company’s policies, as well as the applicable legislation in the matter. Use of the Site, placing orders, purchasing and providing Digital Content Products and providing digital services are not possible in the absence of an agreement on the Terms and Conditions.If you do not agree with the provisions of these documents, please do not use the Site and do not place orders/registrations. 

Art.3. CONCLUSION OF THE CONTRACT. DURATION OF THE CONTRACT

3.1 By accepting the terms and conditions, respectively by the Beneficiary’s order and confirmation of the order by the Provider, the contract is considered concluded between the parties.

3.2 This document has the value of a contract, being validly concluded at a distance, exclusively through the use of means of distance communication, without the simultaneous physical presence of the parties and without the need for the signature of the parties (holographic or electronic). For the avoidance of doubt, the Parties agree that the signature does not represent in any case a condition for the validity of the Contract.

Art.4. CONTRACT PRICE AND PAYMENT METHODS

4.1. The prices of the Digital Products and Services are communicated by the Provider during the information and presentation meeting established between the Beneficiary and the Provider’s representatives.

4.2. ​​Payment can be made online, by card, through a payment processor or by bank transfer.

4.3. Digital Products or Services can be paid either in full or in installments, depending on the agreement of the parties. If the Beneficiary makes the payment of the price through recurring payments, the Beneficiary does not have to go through a monthly or annual payment procedure, the amounts related to the digital products and services, which are the subject of the contract, will be automatically debited from the Beneficiary’s account, upon the due date of each installment, according to the agreement of the parties.

4.4. Recurring payment means that on the due date of each installment, payment will be automatically made from the card entered by the Beneficiary at the first order. The Beneficiary may deactivate the recurring payment option at any time, with a single click, from the Beneficiary’s user account on the Provider’s platform.

4.5. The Provider will issue the Beneficiary with an invoice for the digital products and services that are the subject of this contract, for which purpose the Beneficiary will provide the Provider with all complete, correct and current information necessary for issuing the invoice and the supporting documents required by law.

4.6. The invoice for any order (including recurring payments) can be found in the Beneficiary’s user account on the Provider’s platform and downloaded from it.

4.7. The provision of the Digital Products and Services provided for in art. 2.1 of this Contract, respectively the access to the Provider’s platform, will take place only after the Beneficiary has paid the Provider the price of this contract or at least a partial payment in the minimum amount of 2,475 lei. The exception to this clause is the introduction of the Beneficiary into private social media groups, following the payment of the advance payment, regardless of its value.

Art.5 RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1 Rights and Obligations of the Provider 

5.1.1 To provide the Digital Products and Services, under the conditions provided for in this Agreement and the applicable rules. The Provider’s obligation to provide the Digital Products and Services, which are the subject of this Agreement, is considered fulfilled at the time of activation of the Beneficiary’s user account for access to the Tradingbusters platform related to the course, which is the subject of this Agreement. The Beneficiary will not have to install any additional software for following the courses.

5.1.2 To issue the related tax invoice, in the manner and within the time limit provided for in this Contract.

5.1.3 In the event of the withdrawal of the Beneficiary, the natural person, from the contract under the conditions set out in Annex 1 of the Contract or of the termination of the contract by the Beneficiary under the conditions of the Contract, the Provider will prohibit any further use of the digital products or services, which are the subject of this Contract or provided under this Contract, the Provider proceeding to block access to the digital products or services and/or by deactivating the Beneficiary’s user account.

5.1.4 The Provider reserves the right to cancel any course if not enough participants have registered. In these situations, the amount paid under this Contract will be refunded or it may be used by the Beneficiary, at his/her choice, to register for another course on the Tradingbusters platform, from the Provider’s range of courses.

5.2. Rights and obligations of the Beneficiary

5.2.1. To pay the agreed price under this Contract, within the established deadlines. In the event that the Beneficiary does not honor the established payment deadlines, the Provider is absolved from the provision of the digital products and services and from the obligation to provide access to the platform or any unpaid related facilities or services. In this situation, access to the Provider’s platform will be suspended from the due date of the payment obligation until the full payment of the price.

5.2.2. To strictly comply with the communication rules established by the Provider on the support group and not to use inappropriate or licentious language on this group towards the Provider or any other participant within the group or course, being prohibited from posting written/verbal messages or displaying attitudes capable of causing any kind of damage or endangering the image of the Provider or any other person. Discussions and/or arguments will be conducted in a collegial tone, messages that do not comply with these minimum rules of conduct will be removed from the platform without any prior notification.

5.2.3. In the event that the Provider considers that the facts/posted messages/language/tone used would be of a nature to cause any kind of damage or jeopardize its image or are contrary to the law, social/moral values, public order or good morals, it may decide to remove the Beneficiary from the support group, without further access to it, notifying the Beneficiary to this effect. For the avoidance of doubt, the Beneficiary will not have the right to claim a refund of the price in such situations.

5.2.4. Not to make available to any third party, regardless of method or medium, free of charge or for a fee, the materials/course or parts thereof made available to him by the Provider through access to the Provider’s platform, the Beneficiary having the exclusive right to use the materials/course to improve his own skills or those of his own employed personnel. In this regard, the Beneficiary is obliged not to disclose the username and password for connecting to the user account to third parties, these being strictly intended for use by the Beneficiary.

5.2.5. Not to harm the image of Tradingbusters, the participants or the author and to respect the intellectual property rights and confidentiality of the information and data to which it has access under this Contract.

5.2.6. To defend and indemnify the Provider against any complaints, notifications, claims of third parties regarding the way in which the Beneficiary uses the services and digital products that are the subject of this Contract.

5.2.7. The Beneficiary has the right to have the confidentiality of the information and data provided under this Contract respected, including the right to confidentiality and protection of personal data.

5.2.8. The beneficiary has the right to request and obtain the tax invoice related to the payment made.

5.2.9. When the Beneficiary exercises his right of withdrawal or termination, validly and under the terms of this Contract, he is obliged to refrain from using the digital products or services offered by the Provider and is also prohibited from making them available to third parties.

5.2.10. The Beneficiary may, on its own initiative or at the request of the Provider, provide suggestions, opinions, testimonials regarding the products and services provided by the Provider. In this regard, the Provider shall have the right to include the suggestions, opinions or testimonials regarding the products and services of the Provider in the articles, platform or presentation materials of the Provider, as well as to publish the suggestions, opinions or testimonials regarding the products and services of the Provider in magazines and on web pages.

Art.6 RIGHT OF WITHDRAWAL

6.1. Beneficiaries – traders 

Considering the provisions of GEO 34/2014, in the situation where the Products and/or digital services offered by the Provider are purchased by merchants, since they do not fall within the notion of “consumer”, as defined by the legislation in force, the right of withdrawal is not applicable.

6.2. Beneficiaries – consumers 

The right of withdrawal applicable to Beneficiaries, who are consumers, according to the definition in the introductory part, is regulated in Annex 1 to this Contract.

Art.7 LIABILITY

7.1. Each party is responsible for the accurate, complete and timely fulfillment of all obligations assumed under this contract.

7.2. Acceptance of the contractual terms and conditions is confirmed by checking the appropriate box on the site. By accessing the site, creating the Account and using the site, you expressly and unequivocally accept the terms and conditions of the site in their latest version, communicated within the site.

7.3. If the Beneficiary-consumer, without any case of non-conformity/non-supply of the digital products and services, unilaterally decides, after the provision of the digital products and services by the Provider, not to use the digital products or not to access the platform and digital tools made available by the Provider, under this Contract or simply changes his mind, the Beneficiary is not entitled to a refund of the price, and if the price has been paid only partially, the payment obligations assumed remain valid according to the contract. This provision shall not affect the Beneficiary’s right of withdrawal.

7.4. If the Beneficiary-merchant unilaterally decides, during or after the provision of digital products and digital services by the Provider, not to access the platform, implicitly the digital content and digital tools made available by the Provider, under this Contract or changes his mind, without there being a case of fault in the execution of the contractual obligations by the Provider, the Beneficiary is not entitled to a refund of the price, and if the price was only partially paid, the payment obligations assumed remain valid according to the contract.

7.5. To access the Provider’s platform, the existence of an internet connection of the Beneficiary is required. The Provider cannot guarantee that the services offered will always be in accordance with the Beneficiary’s wishes, uninterrupted, on time and without errors, or that errors will be corrected in a timely manner, depending on the Beneficiary’s internet service provider, thus the Provider cannot be held liable for these malfunctions.

7.6. To access the Digital Products and Services, you need a laptop/phone/tablet/PC and an internet connection.

Art.8. CONFIDENTIALITY CLAUSE– PERSONAL DATA PROTECTION

8.1. The Beneficiary undertakes to maintain confidentiality towards third parties, not to disclose in any form and by any means, not to use in any way, either directly or indirectly, either for his own benefit or for the benefit of another, any materials, documents, data, information resulting from/in connection with the contractual relationship between the parties or other confidential aspects belonging to the Provider, of which the Beneficiary has become aware in any way during the duration of the contract.

8.2. The confidentiality obligation, as provided above, shall continue after the termination of this Agreement. Confidential information means any information belonging to the Provider, the authors or third parties with whom the Provider has business relations or regarding their activity and which is transmitted by the Provider in the execution of the Agreement, as well as any relevant circumstances related to the Provider (including, but not limited to, those provided below), regardless of whether this information was transmitted by the Provider or third parties, received by the Beneficiary in written, oral or any other manner and which refers including but not limited to:

  1. The business, marketing and financial plans of the Provider, as well as of its clients and/or third parties with whom it has business relationships or with whom it comes into contact by the nature of the activity carried out;
  2. The Provider’s organizational, information and management system;
  3. Information regarding the names of the Provider’s customers and suppliers, as well as any other information regarding technical, financial, commercial data, regardless of whether or not the words “confidential” or “exclusive property” appear in the respective documents.

8.3. The Beneficiary declares and understands that it will use the confidential information received during the execution of this Contract only in the interest and for the purpose of exercising its rights and fulfilling its obligations, resulting from this Contract, and undertakes not to transmit it to third parties, regardless of the reason and regardless of the form in which it may be transmitted.

8.4 The Beneficiary agrees to the use of his/her image, photographs, voice, referred to as “Personal Information”, by the Provider for the purpose of the Provider’s promotion of its services.

8.5 Any statements or interviews, as well as the disclosure of any information to the media in relation to digital products and services, may be made by the Beneficiary only with the prior written consent of the Provider, except in situations expressly provided for by law.

8.6 Each Party is independently responsible for complying with the applicable legal requirements for the lawful processing of personal data in the context of its activities carried out for the purpose of performing the Contract. Each Party, when disclosing to the other Party personal data concerning its employees/representatives for the purpose of performing the Contract, shall ensure that it discloses only the information necessary for this purpose. In the event that one of the Parties discloses any personal data to the other Party, other than those provided for in the Contract and necessary for its performance, such data shall be deleted in accordance with the internal rules of the receiving Party, and the receiving Party shall not assume any liability for such processing, any unwanted disclosures or other incidents being the sole responsibility of the Party disclosing such data.

8.7. During the performance of the Contract, each Party may collect, store and use several categories of necessary personal data, including name, surname, telephone number, e-mail address, signature in relation to the legal representatives or employees of the other Party, or other persons representing that Party. These data may be collected from the other Party or directly from the data subject, in compliance with the legal provisions on data protection. These personal data of the data subjects mentioned above are necessary to enable the Parties to conclude and perform the Contract.

8.8. The Beneficiary is responsible for all personal data provided to the Provider, the Provider considering it authorized to provide such data. The Beneficiary is obliged to ensure that the data is current, correct and complete throughout the duration of the Contract.

8.9. To the extent that the personal data processing operation is based on the consent of the data subject as mentioned above, the Beneficiary, by transferring the personal data of the data subjects to the Provider, confirms that the consent of these persons has been duly obtained for the processing of their personal data by the Provider and assumes full responsibility in this regard.

8.10. If the data processing is carried out on the basis of the legitimate interest of the Parties, according to Article 6 paragraph 1) letter f) of Regulation (EU) 2016/679, the legitimate interests are mainly limited to analyzing the degree of satisfaction of the Beneficiary with the Provider’s services/products, recovering and collecting the receivables owed by the Parties and completing any judicial/extrajudicial procedure. The processing cannot be extended to other purposes incompatible with the purposes for which the data are processed, unless there is a legal obligation or another justified basis, which entitles the Party to process the personal data, in which case the data subjects will be informed in advance accordingly.

8.11. The Parties undertake to process personal data obtained by virtue of the execution of the concluded Contract in compliance with the principles set out in art. 5 paragraph 1 of Regulation (EU) 2016/679. For the purposes of the provisions of this Contract, the personal data subject to processing are: name, surname, position, e-mail address, telephone number, signature, series and number of the ID card and other personal data whose processing is necessary for the execution of the Contract.

8.12. The Parties shall implement technical and organizational measures to ensure an appropriate level of security with regard to the processing of personal data. The Parties shall protect personal data against destruction, alteration, unlawful disclosure or unauthorized access.

8.13. Each Party independently assumes responsibility for the processing of personal data. Violation by a Party of the provisions of Regulation (EU) 2016/679 and of the generally binding rules adopted in relation to the protection of personal data cannot be assessed as a joint and several violation and cannot generate joint and several liability towards the person or authority that finds such violation.

Art.9. INTELLECTUAL PROPERTY RIGHTS

9.1. All rights arising from intellectual property rights over digital products and digital services, courses, course models, as well as any material used by trainers included in the course program during the training process are the property or are in the use of the Provider and are protected by intellectual property legislation.

9.2. The name, logo, content of the Site, graphic and design elements, photographs, images, signs, texts, video materials, as well as any other materials transmitted in any form to the Beneficiary (by direct viewing on the site or by any other means that belong to or are related to the Site), as well as any other elements of the site are the property of the Provider and are protected by the legislation on intellectual property rights.

9.3. The Beneficiaries do not acquire any intellectual property rights over or in relation to the Site and the Provider’s platform, their entire content or over the video materials, webinars, learning materials, methodologies, databases, courses, online tests, assignments, content, etc. (referred to as Materials) made available by the Provider or with which the Beneficiary had contact on the occasion of the provision of the Digital Products and Services.

9.4. For the purposes of the preceding articles, the Materials may be used by the Beneficiary exclusively for the purpose for which they were made available, for non-commercial purposes. It is strictly prohibited to copy, take over, reproduce, publish, transmit, sell, distribute in whole or in part, in the same form or in a modified form of the Materials.

9.5. Also, the Beneficiaries are prohibited from performing acts that may lead to the damage of the content of the Site and/or the security elements of the Site or the elements of the Site intended to ensure the protection of intellectual property rights and personal data.

9.6. Violation of the provisions of this chapter will entail liability according to the legislation in force.

Art.10. NON-COMPETITION CLAUSE

10.1. The Beneficiary guarantees and is responsible that it will not, directly or indirectly, compete with the activity of the Provider nor will it conduct, directly or indirectly, itself, its employees or intermediaries, free of charge or for a fee, other courses that have an identical or similar purpose to the one made available to it by the Provider.

10.2. To the extent that this obligation is violated, the Beneficiary will be required to cover the damage caused to the Provider.

Art.11. TERMINATION

11.1. In the case of Beneficiaries – consumers: the contract between the parties terminates automatically, without the need for the intervention of the courts or other formalities, under the following conditions:

  1. By fulfilling the purpose of the Contract;
  2. By agreement of both Parties;
  3. By termination by the Beneficiary-consumer, in the event of a case of non-supply or non-conformity, under the conditions regulated by the applicable legislation on consumer protection.
  4. By exercising the right of withdrawal by the Beneficiary-consumer under the conditions provided for in this Contract.
  5. By termination by either party, in case of breach of one or more obligations assumed under the Contract, with prior notification in order to remedy/execute the obligations, and in case of non-execution within 15 days of receiving the notification, the contract is considered terminated, without any other formality being required.
  6. The other situations provided for in this Contract.

11.2. In the case of Beneficiaries – merchants: the contract between the parties terminates automatically, without the need for the intervention of the courts or other formalities, under the following conditions:

  1. By fulfilling the purpose of the Contract;
  2. By agreement of both Parties;
  3. By termination by either party, in case of breach of one or more obligations assumed under the Contract, with prior notification in order to remedy/execute the obligations, and in case of non-execution within 15 days of receiving the notification, the contract is considered terminated, without any other formality being required.
  4. The other situations provided for in this Contract.

11.3. In case of failure to pay for the contracted services on time, the Provider is released from the obligation to provide the Digital Products and digital services, which are the subject of this Contract.

11.4. Termination of the Contract shall have no effect on the Beneficiary’s already due obligations.

11.5. In the event of termination of this contract, regardless of the reasons, the Beneficiary refrains from using the digital product or services and from making them available to third parties, the Provider having the right to stop access/deactivate the Beneficiary’s account to them.

Art.12. FORCE MAJEURE

12.1. Neither Party is liable for the failure to perform on time or/and for the improper performance – in whole or in part – of any obligation incumbent upon it under this contract, if the failure to perform or improper performance of the respective obligation was caused by force majeure, as defined by law.

12.2. The party invoking force majeure is obliged to notify the other party within 5 (five) days of the occurrence of the event and to take all possible measures to limit its consequences.

12.3. If within 10 (ten) days of its occurrence the respective event does not cease, the parties have the right to notify the full termination of this contact without any of them claiming damages.

Art.13. OTHER CLAUSES

13.1. The Beneficiary shall not be entitled to assign and/or transfer the rights and/or obligations resulting from or deriving from the Contract to a third party without the prior written consent of the Provider.

13.2. The Parties understand and accept that all amounts received from partnerships, promotions and/or advertising in connection with the digital content and digital services that are the subject of this Contact belong exclusively to the Provider.

13.3 In the event of failure to pay in full and in compliance with the due date of the ordered Digital Products and Digital Services, according to the contractual provisions, the Provider is released from the obligation to provide the digital content and digital services.

13.4. Delay in payment, beyond the due date, gives the Provider the right to interrupt access to digital services until the amounts due are paid, according to the contractual provisions.

13.5. The Provider has the right to refuse access to the Site and/or the placement, processing, acceptance and fulfillment of an order, respectively the cancellation of the order or the suspension of the Services, which are the subject of this Contract, in the following situations, without being limited to these:

  1. The Provider has reasonable suspicions regarding the identity of the Beneficiary;
  2. The Provider has reasonable suspicions that the Digital Products and Services will be used for illicit or immoral purposes or for purposes contrary to this Agreement or applicable legislation;
  3. The Beneficiary uses the Site and/or Digital Products and Services in an abusive, illicit, immoral, illegal manner;
  4. The payment/transaction has not been confirmed and/or there are reasonable suspicions about it;
  5. The Beneficiary has conduct that is likely to harm the rights, interests and/or image of the Provider, its affiliates or the other Beneficiaries;
  6. The Beneficiary provides false, incorrect or incomplete data and/or places false or fraudulent orders;
  7. The Beneficiary does not comply with the instructions provided on the Site regarding the placing of an Order and/or the use of the Site/Digital Products and Services;
  8. The Beneficiary uses the Site for purposes other than information and placing illegitimate orders or violates any of the provisions of this Agreement, the terms and conditions of the Site, the policies of some of the Digital Products and Services or the tools/platforms made available to the Beneficiary by the Provider and/or the legislation in force;
  9. The Beneficiary violates (or there are reasonable suspicions that it violates) the intellectual property rights and/or confidentiality of information belonging to the Provider.

14.6. If the situations provided above constitute a violation of the law and/or have caused damage to the Provider, the Provider will have the right to notify the competent authorities to sanction the guilty person and also the right to go through all procedures provided by law in order to fully repair the damage suffered, present or future.

Art.14. DISPUTES

14.1. All disputes and controversies relating to this contract shall be settled amicably.

14.2. If the parties fail to reach an amicable settlement, any dispute arising from or in connection with this contract, including regarding its conclusion, nullity, interpretation, execution or termination, will be finally resolved by the common law courts in the case of Beneficiaries-consumers and by the courts of Timișoara in the case of Beneficiaries-merchants.

Art.15. FINAL CLAUSES

15.1. Any communication between the parties regarding these terms and conditions may be sent by e-mail or letter, in accordance with the legal provisions in force. The contract may be modified only by the agreement of the parties, expressed by an addendum to this contract.

15.2. The clauses of these terms and conditions are supplemented by the legal provisions in force.

15.3. These terms and conditions are subject to the provisions of Romanian law.

15.4. These terms and conditions do not affect any other contract concluded between the Parties.

15.5. In the event of any conflict, inconsistency, discrepancy or derogatory provisions between these Terms and Conditions and the provisions of any contract concluded with the Beneficiary, the respective contract shall prevail.

15.6. The Provider reserves the right to modify this document (Terms and Conditions) at any time, the updated version being permanently available, free of charge, on the Site, “Terms and Conditions” Section.

ANNEX 1

Information regarding the exercise of the right of withdrawal. Withdrawal policy applicable to individuals – consumers according to GEO 34/2014

This policy applies only to Beneficiaries, who are consumers.

  1. Right of withdrawal – application rules

You have the right to withdraw from this contract, without giving any reason, within 14 days.

The withdrawal period expires after 14 days from the date of conclusion of the contract, respectively the date of confirmation by the Provider of the order placed by the Beneficiary, on the Provider’s platform or the transmission of the contract signed by the Provider.

Exception – the right of withdrawal does not apply in the following situations:

We inform you that the right of withdrawal is not applicable, among others, in any of the following situations: (i) after the full provision of the services or (ii) for the provision of digital content that is not delivered on a tangible medium, if the performance of the contract has begun.

Therefore, please keep the following in mind:

With regard to digital content and services, subject of the contract: upon the commencement of the execution of the contract between you and the Provider, namely upon the activation of your user account in order to access the platform by you, you will lose the right of withdrawal mentioned above, provided that: you have given us express prior consent to the commencement of the provision of digital services and you have confirmed that you have become aware of the fact that you will lose the right of withdrawal as a result. Thus, after the activation of your user account in order to access the platform, you no longer have the right of withdrawal from the contract, and the Provider cannot be obliged to refund the price.

  1. Exercise of the right of withdrawal

To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract, using an unequivocal statement, by any of the following means:

  1. a) By letter sent by post/courier to the address: TB GLOBAL S.R.L, B-dul Iuliu Maniu, No. 15G, Et 6, Sector 6, Bucharest
  2. b) By email, at the address: hello@tradingbusters.com
  3. c) On the website: you can fill in and submit electronically from our website www.tradingbusters.com the standard withdrawal form or any other unambiguous statement. If you use this option, we will send you without delay, on a durable medium, for example, by e-mail, the confirmation of receipt of the withdrawal request.

To exercise your right of withdrawal, you can use the attached withdrawal form; however, its use is not mandatory.

To meet the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period. If the Beneficiary does not exercise his right of withdrawal within the deadline provided above, he is deprived of this right and will not be entitled to claim reimbursement of the amount paid.

III. Consequences of withdrawal

If you withdraw, we will reimburse any amounts we have received from you, without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract.

We will make this refund using the same payment method as that used for the initial transaction, unless you have expressly agreed to another refund method; in any case, you will not be charged any fees as a result of such a refund.

ANNEX 2

Withdrawal form

This form should be completed, signed and sent to the Provider only if you wish to withdraw from the contract.

To: TB GLOBAL S.R.L, headquartered in Bucharest, B-dul Iuliu Maniu, No. 15G, Floor 6, Sector 6, e-mail address: hello@tradingbusters.com

Your name and surname …………………………………………………………………………………………………………
(to be completed with the name of the person exercising the right of withdrawal)

Your address …………………………………………………………………………………………………
(the address of the person exercising the right of withdrawal will be filled in).

Email address: ………………………………………………………………………………………………
(if you opt to receive confirmation of receipt of the withdrawal form by email)

I hereby inform you of my withdrawal from the contract for the provision of the following services/products:
………………………………………………………………………………………………………………………………………………………………………………………………
(to be completed with the services/products you wish to give up)

Ordered on …………………………………………………………………………
(to be completed with the date of placing the order)

I request the return of the money (if applicable) to the account ………………………………………………………………………………… opened at …………………………………………………………………., account holder ……………………..

Consumer signature:________________________
(only if this form is notified on paper)

Data: ………………………………………

ANNEX 3 – GDPR Information Note

Dear Sir/Madam

Subscribed TB GLOBAL S.R.L., with headquarters in Bucharest, B-dul Iuliu Maniu, No. 15G, Et 6, Sector 6, having CUI: RO47729490, ORC order number: J2024005685400, through legal representative, (hereinafter referred to as the Company)

we present to you

INFORMATION NOTE

on the processing of personal data in accordance with REGULATION (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter referred to as GDPR) and national legislation on the protection and security of personal data

Considering the entry into force of European Regulation 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “Regulation”), starting on 25.05.2018, in order to increase the level of protection of your personal data and create a climate of trust that allows each person to control their own data, we inform you of the following:

The purpose of this Information Note is to explain what data we process, why we process it and what we do with it as you, as a natural person customer or as a representative or contact person within a legal person customer of our company and as we, as a data controller. By reading this document, you will also know what your rights are and how you can legally exercise them. We take your privacy seriously and never sell lists or email addresses. Being fully aware that your personal information belongs to you, we do our best to store it securely and process it carefully. This information is important.

According to applicable law, our company is a personal data controller. In order for your data to be processed securely, we constantly make every effort to implement reasonable legal, technical and organizational measures to protect your personal data.

According to the applicable legislation, you, the individual customer or the representative or contact person within a legal entity that has the status of customer of our company, have the status of “data subject”, i.e. an identified or identifiable natural person. Considering the principle of transparency provided by the Regulation regarding data processing and in order to allow you to easily exercise, at any time, the rights you benefit from, we have implemented measures to facilitate communication between us, the data controller, and you, the data subject.

1. Our Commitment to Data Protection

The protection of your personal data is very important to us. That is why we are committed to complying with European and national legislation on the protection of personal data, in particular Regulation (EU) 679/2016, also known as GDPR, and the following principles:

Legality, fairness and transparency
We process your data legally and fairly. We are always transparent about the data we use, and you are properly informed.

Control is yours.
Within the limits imposed by the legislation in force, we offer you the opportunity to examine, modify, delete the personal data you have shared with us and to exercise your other rights provided by the Regulation.

Data integrity and purpose limitation
We use data only for the purposes described at the time of collection or for purposes compatible with the original ones. In all cases, our purposes are compatible with applicable law. We take reasonable steps to ensure that personal data is accurate, complete and up-to-date.

Security
We have implemented reasonable security and encryption measures to protect your information. However, please remember that no website, application, or internet connection is completely secure.

2. Personal data processed:

The company processes your personal data or in certain cases the personal data of third parties, these being, in particular, the following:

  • data about your person (such as: name, surname, date of birth, citizenship, personal identification number, series, number, etc.)
  • data regarding a third party in the event that the initial Beneficiary transfers all rights and obligations except payment obligations to a secondary Beneficiary (such as: name, surname, date of birth, citizenship, personal identification number, series, number, etc., information found in the tripartite contract)
  • contact details (e.g. telephone number, e-mail, home/residence address, etc.);
  • other relevant data within the contractual relationship (personal data for the execution of the contract concluded with the company);
  • the data of the agents and third parties contained in the documents that you bring to our attention;
  • signature;
  • images and audio/video recordings from the course, which is the subject of the contract concluded with the Company;
  • data made available by you by mail, telephone, email or messages on social networks;
  • contact details and history of electronic messages from conversations with the Company;
  • data collected from other sources, under the law (for example, data collected by our partners in the marketing, financial, etc. fields to whom you have provided your data and have agreed that it be transmitted to third parties, in clear or anonymized form).

3. Purpose of processing

The company processes your personal data for the following purposes:

  • Conclusion, execution, modification, suspension or termination of the contract concluded with the Company, including the performance of activities carried out by the Company in your interest by virtue of the contract concluded between you and the Company
  • Presentation of the Company’s products and services;
  • Processing/recording requests made by you;
  • Receiving the payment made by you, respectively refunding amounts of money, as appropriate;
  • Communication of the Company’s products and promotional materials;
  • Verifying the veracity of the data provided and preventing possible fraud;
  • Performing statistics and analysis (your data, in this case, is processed in an anonymized manner);
  • Improving the Company’s products and services that you use, in order to offer personalized products and services and ensure better quality services from our employees;
  • Sending advertising offers by telephone, through printed or online materials;
  • Providing an efficient and quick response to your questions and/or resolving any problem related to the use of the Company’s services;
  • Receiving and/or sending correspondence;
  • Informing you and communicating with you;
  • Preparation of financial and accounting documents required by law;
  • Archiving in accordance with the law;
  • Management and administration of the IT system, the online and information processing platform, as well as the maintenance of the IT applications and systems used by the Company;

4. Legal basis for data processing

The legal grounds for the processing of personal data are represented, as appropriate, by:

  • Art. 6 para. 1 letter a) of Regulation (EU) No. 2016/679 – based on your consent, for the processing of personal data for one or more specific purposes;
  • Art. 6 para. 1 letter b) of Regulation (EU) no. 2016/679 – processing is necessary for the performance of the Contract concluded with the Company or to take steps at your request, prior to the conclusion of the Contract with the Company;
  • Art. 6 para. 1 letter c) of Regulation (EU) No. 2016/679 – processing is necessary for the fulfillment of a legal obligation to which the Company is subject, such as the retention of financial documents for a period of 10 years.
  • Art. 6 para. 1 letter f) of Regulation (EU) No. 2016/679 – processing is necessary for the purposes of the legitimate interests pursued by the Company or by a third party, but only where our interest overrides your rights and interests, such as CCTV video surveillance. Where we use legitimate interest, we carry out a legitimate interest analysis (balancing test) through which we can balance our interest and your interests. Where our interests prevail, we will use legitimate interest. Where your interests prevail, we will not use legitimate interest, and to the extent that we cannot identify another correct legal basis, we will not carry out the respective processing activity.

To the extent that special categories of personal data are necessary, the processing of personal data will be carried out, as appropriate, on the basis of:

  • Art. 9 para. 2 letter a) of Regulation (EU) No. 2016/679 – based on your consent, for the processing of personal data for one or more specific purposes;

5. Persons who will have access to personal data

In order to achieve the processing purposes, TB GLOBAL S.R.L. may disclose personal data to central and local public authorities, such as ANAF, criminal investigation bodies or other authorized institutions, to the data subject, his/her legal or conventional representatives, authorized representatives of TB GLOBAL S.R.L., other natural or legal persons who process data on his/her behalf, contractual partners, financial institutions and banking companies, insurance/reinsurance companies, employers or potential employers of the data subject, audit and consulting firms, courts, notaries public, bailiffs, service and goods providers, as well as experts or consultants involved, in compliance with applicable legislation and the requirements of the GDPR.

We always make reasonable efforts to ensure that these third parties have implemented appropriate protection and security measures. We have contractual clauses with these third parties so that your data is protected.

For example, we may provide your data to other companies, such as IT or telecommunications service providers, accounting, legal services and other third parties with whom we have a contractual relationship (e.g. our external representatives). These third parties are selected with particular care so that your data is processed only for the purposes we indicate.

We may also share your data with business partners as part of a joint effort to provide a product or service.

Although unlikely, we may sell the business or part of the business in the future, which will include the transfer of your data.

We may also transfer data to other parties with your consent or according to your instructions.

We may also provide your personal information to the prosecutor’s office, police, courts and other authorized state bodies, based on and within the limits of legal provisions and as a result of expressly formulated requests.

We will ensure, within reasonable limits, that your data does not leave the European Economic Area, however, to the extent that we transfer data to states outside the EEA, we will ensure, in all cases, that the transfers are legitimate, based on a legal basis.

6. Storage period of personal data

Your personal data is retained as long as the purpose of processing it exists.
These data will be kept for the duration of the contract between you and the Company and, where applicable, for a period of 3 calendar years following the provision of the digital products or services provided for in the Contract, unless another period is indicated in the contract or provided for by law. After the end of the period, the personal data will be destroyed or deleted from the IT systems or transformed into anonymous data for use for scientific, historical or statistical research purposes. The Company is also obliged to comply with the terms of retention/archiving/storage of your personal data, according to the applicable legal provisions, such as the retention of accounting documents for a period of 10 years.

7. Rights regarding the processing of personal data

As a data subject under the Regulation, you have the following rights regarding the processing of personal data:

The right to information
You can request confirmation of the processing of your personal data and how it is used.

The right to rectify inaccurate or incomplete data
If we process incomplete or incorrect personal data, you can request its correction or completion at any time.

If you have created a user account https://tradingbusters.com/my-account/, my account section, you can access your personal data at any time and complete or correct it.

Right to erasure
You may request the erasure of your personal data if the purpose for which it was collected no longer exists, if its processing is contrary to legal provisions, if its processing excessively affects your interests, or if the processing is based on your consent, which you have revoked. Please note that there may be other reasons that prevent the immediate erasure of your data, for example, mandatory archiving periods, pending actions, claims, the exercise or defense of legal rights, etc.

Right to restriction of processing
You have the right to request the restriction of the processing of your personal data in the following cases:

(i) You contest the accuracy of your data, this occurring for a period that allows us to verify the accuracy of the data, (ii) the processing of your personal data is contrary to the legal provisions, you oppose their deletion and instead request the restriction of the use of these data, (iii) your personal data are no longer necessary for our company for the intended purpose, but you need these data for the purpose of contesting, exercising or defending a right in court or (iv) you have contested the processing of your personal data pursuant to the provisions of art. 21 para. (1) of the Regulation, for the period of time in which it is verified whether the legitimate rights of our company prevail over yours.

Right to data portability
You can request us to provide you with the personal data you have provided, in a structured, commonly used and machine-readable format, to the extent that we process this data based on your consent or for the performance of a contract between the parties.

Right to opposition
If we process your personal data on the basis of a legitimate interest, you may object to the processing of these data and we will no longer process them, unless we demonstrate that we have compelling legitimate grounds for the processing which override your interests, rights and freedoms. You may withdraw your consent to the transmission of advertising messages at any time without giving a reason.

Right to complaint
If you have any questions or concerns regarding the processing of your personal data, or suspect a violation of your rights, please contact us so that we can clarify your questions. You also have the right to contact the National Supervisory Authority for Personal Data Processing.
These rights can be exercised directly against TB GLOBAL S.R.L. by notification to the email address gdpr@tradingbusters.com.

Where the processing is based on Article 6(1)(a) “the data subject has given consent to the processing of his or her personal data for one or more specific purposes” or Article 9(2)(a) “the data subject has given explicit consent to the processing of those personal data for one or more specific purposes, unless Union or national law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject’s consent” of the GDPR, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal. You may therefore amend or withdraw your consent at any time, and we will act immediately accordingly, unless there is a legal reason or legitimate interest not to do so.

We note that interference with the data you have provided to us may prevent the execution of the contract concluded between you and the Company. In this case, the Company is exempt from liability.

To exercise your rights, please contact us directly at the contact details mentioned below.

If you believe that your rights have been violated or your personal data has been processed unlawfully, please do not hesitate to contact us. You also have the right to file a complaint with the competent National Authority for the Supervision and Protection of Personal Data.

Data Protection Officer contact details:
TB GLOBAL S.R.L.
with headquarters in Bucharest, Iuliu Maniu Blvd., No. 15G, 6th Floor, Sector 6,
E-mail: hello@tradingbusters.com/gdpr@tradingbusters.com

8. YOUR AGREEMENT

By signing this document, I declare that I agree that TB GLOBAL S.R.L. will process my personal data for the additional purposes described below:

  1. Commercial communications:
    To send me commercial communications regarding its services and products (advertising materials, service and product offers) by mail, telephone or email.
  2. Market surveys:
    To involve me in market surveys conducted to improve the services and products offered.
  3. Customer satisfaction verification campaigns:
    To participate in customer satisfaction verification campaigns organized by TB GLOBAL S.R.L..
  4. Use of image and voice:
    To use my image, photos and voice, referred to as “Personal Information”, for the purpose of promoting its services, in marketing materials, including on online and offline channels.
  5. Participation in case studies:
    To be included in case studies conducted to evaluate and improve services and products.

I also confirm that I have been informed of the right to withdraw my consent at any time for one, more or all of the additional purposes described above. The withdrawal of consent will not affect the validity of the signed contract or the services provided under it.

By signing this document, I confirm that I have been informed of the purposes of the processing and understand how my personal data will be used. I also confirm that I have been informed of my rights under the GDPR and applicable national law.

You are free to decide what data you make available to us. However, if you do not provide us with all the data necessary for the conclusion or execution of the contract for the supply of digital content products and the provision of digital services, its development and execution will not be possible. We will also not be able to respond to your requests, requests, questions related to the conclusion or execution of this contract.

This Information Note refers only to the processing of personal data of data subjects who come into contact with TB GLOBAL S.R.L., and is not applicable to other services or products offered by other natural or legal persons.

I agree to the processing of my personal data in accordance with the provisions of the “GDPR” and the corresponding domestic legislation, FOR THE PURPOSES and IN THE MANNERS INDICATED ABOVE and I declare that I have been informed of the rights conferred on me by law and confirm that I have received a copy of this document.

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 TB GLOBAL SRL, RO47729490, J2024005685400
ROMANIA, BUCUREŞTI,  SECTOR 6, B-DUL IULIU MANIU

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