KYC Policy of Pixel Limited
Last updated: 6th November 2023
1. INTRODUCTION
1.1. This KYC Policy describes how Pixel Limited, a company limited by shares registered in Belize with registered address at 9 Barrack Road, Belize City, Belize, licensed in the State of Anjouan under the Computer Gaming Licensing Act 007 of 2005 (“Company”, “we”,“our” or “us”) conducts Know Your Customer procedure (“KYC Procedure”) in connection with use of the Website and/or the Services by the Customers.
1.2. This KYC Policy is an integral part of the Terms available at: https://pixel.gg/terms-and-conditions. For the avoidance of doubt, the rules of revision and/or amendment of the Terms apply to this KYC Policy.
1.3. The Customer is obligated to comply with this KYC Policy. By accessing the Website and/or the Services, the Customer acknowledges that he or she has read this KYC Policy.
1.4. Positive result of the identification and verification of a Customer’s identity by the Company using the CDD Measures (“KYC Procedure”), where required under this KYC Policy, is a condition for Customer’s continued use of the Website and/or the Services. Customers who have not passed the KYC Procedure are forbidden from using the Website and/or the Services.
1.5. THE CUSTOMER ACKNOWLEDGES THAT LACK OF COOPERATION WITH THE COMPANY, INCLUDING PROVISION OF FALSE INFORMATION, WITHOLDING INFORMATION OR INTERFERRING IN ANY OTHER WAY WITH THE CDD MEASURES APPLIED BY THE COMPANY MAY BE A VIOLATION OF THE APPLICABLE LAW AND WILL BE GROUNDS FOR IMMEDIATE TERMINATION OF THE AGREEMENT WITH THE CUSTOMER BY THE COMPANY. THE CUSTOMER ACKNOWLEDGES THAT THE COMPANY SHALL ALWAYS COOPERATE WITH LAW ENFORCEMENT AUTHORITIES WORLDWIDE WITHOUT LIMITATION WITH ANY CRIMINAL INVESTIGATION. The Company reserves the right to employ security measures other than those set out in this KYC Policy where required under the applicable law or where deemed appropriate in accordance with the Company’s internal procedures on anti-money laundering and counter financing terrorism.
1.6. The Company reserves the right to terminate contractual relation with the Customer with immediate effect if the Customer fails to comply with the terms of this KYC Policy or such other security measures referred to in the preceding sentence.
2. DEFINITIONS
2.1. All terms not defined in this KYC Policy shall have the meaning as defined in the Terms. The following terms used in this KYC Policy shall have the meaning set forth below:
2.1.1. AML/CFT – anti-money laundering and counter financing of terrorism
2.1.2. Applicable Data Protection Law – any applicable laws, statutes, regulations, orders, regulatory requirements
2.1.3. CDD Measures – customer due diligence measures as described in Section 3.2 and Section 8.
2.1.4. Customer – the Customer as defined in the Terms.
2.1.5. FATF – Financial Action Task Force.
2.1.6. KYC Policy – this KYC Policy of Pixel Limited.
2.1.7. KYC Procedure - identification and verification of a Customer’s identity by the Company using the CDD Measures.
2.1.8. PEPs – politically exposed persons as defined in Section 6.1.3.
2.1.9. Privacy Policy – Privacy Policy available at […].
2.1.10. Restricted Countries – any country or jurisdiction in which conducting any activities related to use of the Website or the Services, including gambling or use of virtual assets such as cryptocurrency, is prohibited or restricted under the applicable law set out in Section 5.
2.1.11. Restricted Individuals – individuals belonging to at least one of the categories of persons set out in Section 6.
2.1.12. Services – the Service as defined in the Terms.
2.1.13. Systems – the Systems as defined in the Terms.
2.1.14. Terms – Terms and Conditions available at […].
2.1.15. Website – the Website as defined in the Terms.
3. PRINCIPLES
3.1. The Company:
3.1.1. adheres to and complies with “Know Your Customer” principles, which aim to prevent financial crime, money laundering and terrorism financing through client identification and due diligence;
3.1.2. reserves the right, at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a user of the Website and the Services;
3.1.3. reserves the right to restrict the Services, payment, or withdrawal until the Customer’s identity is sufficiently determined, or for any other reason in our sole discretion based on the legal framework.
3.2. The Company adapts a risk-based approach and performs strict due diligence checks and ongoing monitoring of all Customers and transactions. As per the anti-money laundering regulations, the Company utilises three stages of due diligence checks, depending on the risk, transaction, and customer type:
3.2.1. simplified due diligence is used in instances of extremely low-risk transactions that do not meet the required thresholds;
3.2.2. customer due diligence is the standard for due diligence checks, used in most cases for verification and identification;
3.2.3. enhanced due diligence is used for high-risk customers, large transactions or special cases.
4. OBLIGATIONS OF THE CUSTOMER
4.1. The Customer is obligated to undergo the CDD Measures as it is necessary for performance of a contract between the Customer and the Company pertaining to the use of the Website and/or the Services.
4.2. The Customer authorizes the Company to conduct activities, either directly or through third parties, that the Company deems necessary to verify the Customer’s identity or to protect the Parties from fraud, money laundering, terrorist financing or other financial crimes, and to take any steps the Company deems necessary based on the results of such activities.
4.3. The Customer is obligated to provide requested information at the Company’s request for the purpose of complying with the applicable law, in particular as regards the detection of money laundering, terrorist financing, fraud, or any other financial crime. The Customer is obligated to provide information described in the previous sentence truthfully, accurately, without withholding or conceiving any data, without any undue delay and, if possible, in the form requested by the Company. Such requested information may include in particular additional information or explanation concerning the Company’s findings after applying CDD Measures.
4.4. The Customer acknowledges that:
4.4.1. his or her personal data will be processed by the Company in connection with the KYC Policy, including as regards application of the CDD Measures or other measures required under the applicable law, and in accordance with the Privacy Policy; this includes processing data such as: name, surname, current address, national ID document (such as ID card, passport or similar document), data obtained from relevant publicly accessible sources, such as public registers, sanction lists or lists of persons entrusted with prominent public functions (so-called “politically exposed persons”);
4.4.2. the Company may disclose the Customer’s personal data to agencies engaged in identity verification, compliance data recording, credit agencies, fraud prevention or financial crime prevention;
4.4.3. automated decision-making takes place in connection with the CDD Measures or other measures required under the applicable law;`
4.4.4. detailed description of personal data processing in connection with the CDD Measures is set out in the Privacy Policy.`
4.5. The Customer represents that all information provided by the Customer in accordance with the CDD Measures is complete, accurate and truthful. The Customer is obligated to immediately inform the Company of any changes to the provided information or update this information whenever it changes.
5. RESTRICTED COUNTRIES
5.1. Under the applicable law and the Company’s AML/CFT standards, the countries listed in Appendix no. 1, including their territories and dependencies, are “Restricted Countries” for the purpose of this KYC Policy.
5.2. The Company strictly prohibits and rejects the use of the Website and/or the Services by the Customers who are citizens of the Restricted Countries or are located in the Restricted Countries. For the avoidance of doubt, this restriction applies equally to residents and/or citizens of other nations while located in the Restricted Countries.
5.3. The Customer must ensure that their location is not in a Restricted Country before using the Website and/or the Services.
5.4. The Company employs geo-blocking solutions to ensure that Customers whose IP number indicates their location in a Restricted Country are prevented from accessing or using the Website and/or the Services.
5.5. Any attempt to circumvent the restrictions on Restricted Countries by any person located in the Prohibited Country, including providing false information regarding the Customer’s location, will be considered a breach of the Terms.
6. RESTRICTED INDIVIDUALS
6.1. Under the applicable law and the Company’s AML/CFT standards, natural persons who are:
6.1.1. located in jurisdictions where use of crypto assets and/or internet gambling are prohibited by law;
6.1.2. subject to national or international sanctions, including sanctions adapted by Belize, Union of Comoros, United Nations or the European Union;
6.1.3. politically exposed persons (“PEPs”) who are a natural persons who are or who have been entrusted with prominent public functions and includes the following:
6.1.3.1. heads of State, heads of government, ministers and deputy or assistant ministers;
6.1.3.2. members of parliament or of similar legislative bodies;
6.1.3.3. members of the governing bodies of political parties;
6.1.3.4. members of supreme courts, of constitutional courts or of other high-level judicial bodies, the decisions of whose are not subject to further appeal, except in exceptional circumstances;
6.1.3.5. members of courts of auditors or of the boards of central banks;
6.1.3.6. ambassadors, chargés d'affaires and high-ranking officers in the armed forces;
6.1.3.7. members of the administrative, management or supervisory bodies of State-owned enterprises;
6.1.3.8. directors, deputy directors and members of the board or equivalent function of an international organisation.
- with the exception of middle-ranking or more junior officials;
6.1.4. family members of PEPs, including:
6.1.4.1. the spouse, or a person considered to be equivalent to a spouse, of a PEP;
6.1.4.2. the children and their spouses, or persons considered to be equivalent to a spouse, of a PEP;
6.1.4.3. the parents of a PEP;
6.1.5. persons known to be close associates of PEP, including:
6.1.5.1. natural persons who are known to have joint beneficial ownership of legal entities or legal arrangements, or any other close business relations, with a PEP;
6.1.5.2. natural persons who have sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the de facto benefit of a PEP;
- are “Restricted Individuals” for the purpose of this KYC Policy.
6.2. The Company strictly prohibits and rejects the use of the Website and/or the Services by the Customers who are Restricted Individuals.
6.3. Any attempt to circumvent the restrictions on Restricted Individuals, including by providing false information regarding the Customer’s identity, will be considered a breach of the Terms.
7. RESTRICTED ASSETS
7.1. Under the applicable law and the Company’s AML/CFT standards all of the assets, including virtual assets, crypto assets, fiat currencies or other funds, used by the Customer in connection with the use of the Website and/or Services, must (i) originate come from legitimate sources, and (ii) must not originate from illegal activities or from senders who are on sanctions lists.
7.2. The Customer warrants that the virtual assets on his or her cryptocurrency wallets connected to the Website come from legitimate sources and do not originate from illegal activities or from senders who are on sanctions lists.
7.3. The Customer agrees the Company may require the Customer to provide or otherwise collect the necessary information and materials as required per applicable law or government orders to verify the legality of the source and use of the Customer’s virtual assets and/or funds.
7.4. The Company strictly prohibits and rejects the use of the Website and/or the Services by the Customers who use Restricted Assets.
7.5. Any attempt to circumvent the restrictions on Restricted Assets, including by providing false information regarding the Customer’s assets, will be considered a breach of the Terms.
8. CDD MEASURES (KYC PROCEDURE)
8.1. The Customer is obligated to undergo the CDD Measures.
8.2. The CDD Measures are applied:
8.2.1. when the Company carries out an occasional transaction that amounts to EUR 15 000 or more, whether that transaction is carried out in a single operation or in several operations which appear to be linked;
8.2.2. when the Company carries out an occasional transaction that exceeds EUR 1 000 that is at least partially carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, irrespective of whether the payer and the payee are the same person and irrespective of whether the payment service provider of the payer and that of the payee are one and the same;
8.2.3. when the Company carries out transactions amounting to EUR 2 000 or more upon the collection of winnings, the wagering of a stake, or both, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
8.2.4. when there is a suspicion of money laundering or terrorist financing, regardless of any derogation, exemption or threshold;
8.2.5. when there are doubts about the veracity or adequacy of previously obtained customer identification data.
8.3. The CDD Measures include in particular provision and/or analysis of the following information and/or documents by the Customer:
8.3.1. Proof of ID – the Customer is obligated to provide a valid ID document, such as national ID card or passport, that meets with the following requirements:
8.3.1.1. the ID document includes a Customer’s signature;
8.3.1.2. the country which issued the ID document is not one of the Restricted Countries; the data on the ID document fully match Customer's name(s) and surname;
8.3.1.3. the ID document will remain valid for at least the next 3 months after the date of check;
8.3.1.4. the Customer is at least of 18 years of age;
8.3.2. Proof of Residence – the Customer is obligated to provide a scan or a photo of a valid document allowing for verification of an address (location of residence) of the Customer that meets the following requirements:
8.3.2.1. the document is not older than 3 months at the date of check;
8.3.2.2. the document is bank statement or a utility bill;
8.3.2.3. the data on the document fully match Customer's name(s) and surname;
8.3.2.4. the data on the document fully match Customer's personal data in the ID document;
8.3.2.5. the country where the document has been issued is not one of the Restricted Countries;
8.3.3. Selfie with ID – the Customer is obligated to use a solution provided by a Company to allow the Company to collect the Customer’s selfie (photo of a face) and photo or scan of a face on the ID document, where such selfie meets the following requirements:
8.3.3.1. the facial image data (photo of a face) fully matches the photo or scan of a face on the ID document;
8.3.3.2. above the ID document on the photo or scan is the same as provided by the Customer as a Proof of ID.
8.3.4. Wallet Analysis – the Customer’s cryptocurrency wallet is analysed by the Company as regards Restricted Funds and Restricted Persons, as well as other suspicious activity that may indicate money-laundering, terrorism financing or other violations of the law. The checks are performed automatically using the available on-chain data stored on the blockchain network. The Customer is obligated to provide his or her cryptocurrency wallet address at the request of the Company in order to conduct Wallet Analysis.
8.4. The Company may, at its own discretion, decide to apply enhanced CDD Measures, in particular accounting for:
8.4.1. the purpose of a Customer’s Account or relationship with a Customer;
8.4.2. the level of assets to be deposited by a Customer or the size of transactions undertaken;
8.4.3. the regularity or duration of the business relationship with a Customer.
8.5. The enhanced CDD Measures may include in particular the following:
8.5.1. source of funds checks;
8.5.2. source of wealth checks
8.5.3. e-mail verification;
8.5.4. telephone verification;
8.5.5. liveness check;
8.5.6. biometric data check;
8.5.7. live video verification;
8.5.8. questionnaire;
8.5.9. background checks.
9. OTHER SECURITY MEASURES
9.1. The Company reserves the right to, at its sole discretion, implement other security measures in compliance with the applicable law on anti-money laundering or counter terrorism financing, in particular to, where applicable, temporarily or permanently:
9.1.1. refrain from carrying out certain transactions;
9.1.2. lower the monthly withdrawal limit(s) for a Customer;
9.1.3. prohibit a Customer from withdrawing funds;
9.1.4. retain all winnings credited or due to be credited to the Customer’s Account;
9.1.5. retain any funds deposited to the Customer’s Account which are not winnings;
9.1.6. lock the Customer’s Account;
9.1.7. notify competent authorities.
APPENDIX NO. 1 – LIST OF RESTRICTED COUNTRIES
Countries listed below include their territories and dependencies.
Countries on the FATF’s “black list”1:
Democratic People’s Republic of Korea
Iran
Myanmar
Countries on the EU Commission’s list of high-risk third countries2:
Afghanistan
Nigeria
Barbados
Panama
Burkina Faso
Philippines
Cameroon
Senegal
Cayman Islands
South Africa
Democratic Republic of the Congo
South Sudan
Democratic People’s Republic of Korea
Syria
Gibraltar
Tanzania
Haiti
Trinidad and Tobago
Iran
Uganda
Jamaica
United Arab Emirates
Jordan
Vanuatu
Mali
Vietnam
Mozambique
Yemen
Myanmar
Countries deemed prohibited by the Anjouan Offshore Financial Authority:
Austria
Spain
France
Union of Comoros
Germany
United Kingdom
Netherlands
United States of America
Countries deemed prohibited by the Company:
Poland
Prohibited Jurisdictions as defined in the Terms
Belize
1https://www.fatf-gafi.org/en/countries/black-and-grey-lists.html
2Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies