Our Terms of Service
Please read these Terms of Use carefully. By clicking the “Get Started” button or by accessing or using any service made available by us, you agree to be legally bound by these Terms of Use, the Privacy Policy and all terms incorporated by reference in the foregoing.
Summary
We, ARBITRAGE CAPITAL INC (here in after referred to as “EuroArbitrage”, “we” or “us”), summarize below our Terms of Use to give an overview of the key terms that apply to your use of our website and arbitraging services. While we hope this summary section is helpful, you must read the complete Terms of Use below since they provide important information about our services, our respective legal rights and obligations, and the risks involved in arbitraging in cryptographic tokens.
1. APPLICABLE LAWS AND REGULATIONS
Your conduct on the Platform is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority, including, without limitation, all applicable tax, anti-money laundering (“AML”) and counter-terrorist financing (“CTF”) provisions. You agree and understand that by opening an Account and using the Services in any capacity, you shall act in compliance with and be legally bound by these Terms and all applicable laws and regulations, and failure to do so may result in the suspension of your ability to use the Services or the closure of your Account. For the avoidance of doubt, continued use of your Account, and the receipt of all arbitraging fee discounts and rebates, is conditioned on your continued compliance at all times with these Terms and all applicable laws and regulations.
2. ELIGIBILITY
If you are registering to use the Services as an individual, you must be at least 18 years of age, and you must not have previously been suspended or removed from the Platform or any other service or product offered by EuroArbitrage or its affiliate entities, to enter into this Agreement. If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) you are duly authorized by such legal entity to act on its behalf; and (iii) such organization (and any affiliate entity) must not have been previously suspended or removed from the Services or any other service or product offered by EuroArbitrage or its affiliate entities, to enter into this Agreement. By accessing or using the Services, you further represent and warrant that you are not a Restricted Person nor are you a resident of a Restricted Territory (each as defined in Location Restrictions) and you will not be using the Services for any illegal activity including, but not limited to, those Restricted Activities listed under Section 16.
Notwithstanding the foregoing, EuroArbitrage may determine not to make the Services, in whole or in part, available in every market, either in its sole discretion or due to legal or regulatory requirements, depending on your location.
3. REGISTRATION PROCESS; IDENTITY VERIFICATION
When registering your Account, you must provide current, complete, and accurate information for all required elements on the registration page, including your full legal name. You are the only person authorized to use your Account and you may not share your Account credentials with any other person. You also agree to provide us, when registering an Account and on an ongoing basis, with any additional information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including without limitation a copy of your government issued photo ID or evidence of residency such as a lease or utility bill. You permit us to keep a record of such information and authorize us to make any inquiries, directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. In certain circumstances, we may require you to submit additional information about yourself, your business, or your transactions, provide records, and complete other verification steps (such process, “Enhanced Due Diligence”). You represent and warrant that any and all information provided to us pursuant to these Terms or otherwise is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible. Failure to provide such information in a timely fashion may result in the suspension of your ability to use the Services (until you provide such information) or the closure of your Account. We reserve the right to maintain your account registration information after you close your Account for business and regulatory compliance purposes, subject to applicable law and regulation.
4. AML AND CTF COMPLIANCE
Our AML and CTF procedures are guided by all applicable rules and regulations regarding AML and CTF. These standards are designed to prevent the use of the EuroArbitrage platform for money laundering or terrorist financing activities. We take compliance very seriously and it is our policy to take all the necessary steps to prohibit fraudulent transactions, report suspicious activities, and actively engage in the prevention of money laundering and any related acts that facilitate money laundering, terrorist financing or any other financial crimes.
5. INITIAL FUNDING; THIRD PARTY TRANSFERS
In order to fund your Account and begin arbitraging, you must first procure Digital Assets. EuroArbitrage supports deposits and withdrawals with a 24H deposit and withdrawal policy depending on Bitcoins transaction time and/or weather funds are currently in Arbitrage Transactions. You may deposit Bitcoin/Funds that you already own by generating an address within your Account and sending your Bitcoin/Funds to such address, after which they will appear in your balance. The Platform may support various fiat currencies for deposit, withdrawal, and/or arbitraging, using wire transfers, credit cards, or other appropriate methods in the future.
It is your responsibility to ensure you send all Digital Assets, to the correct address provided for that particular Digital Asset. If you send a Digital Asset to an address that does not correspond to that exact Digital Asset (such as an address not associated with your account or the specific Digital Asset sent), such Digital Asset may be lost forever. If you send a Digital Asset from your Account to an external address that does not correspond to that exact Digital Asset, such Digital Asset may be lost forever.
You assume all liability for any losses incurred as a result of sending Digital Assets to an incorrect address (such as an address not associated with your account or an address not associated with the specific Digital Asset). EuroArbitrage is not responsible for any losses or for taking any actions to attempt to recover such Digital Assets. If the funds are recoverable, we may in our sole discretion attempt to recover the funds, but such recovery efforts are in no way guaranteed. Please also be aware that if you attempt to deposit ETH to your Account by sending it via a smart contract, your funds may not be automatically credited, and may take time to recover. Should you encounter any of these issues, you may contact us us to request assistance.
EuroArbitrage makes no representations warranties regarding the amount of time that may be required to complete transfer of your Digital Assets from a third party wallet or other source and have said Digital Assets become available in your Account.
When you elect to transfer Digital Assets from your Arbitraging Account to a third party wallet or other location EuroArbitrage has a 24H withdraw policy. (When sending from your arbitrage account)
7. ATTACKS ON BLOCKCHAIN NETWORKS
EuroArbitrage cannot prevent or mitigate attacks on blockchain networks and has no obligation to engage in activity in relation to such attacks. In the event of an attack, EuroArbitrage reserves the right to take commercially reasonable actions, including, but not limited to, if we confirm that a Digital Asset’s network is compromised or under attack, immediately halting arbitraging, deposits, and withdrawals for such Digital Asset. If such an attack caused the Digital Asset to greatly decrease in value, we may discontinue arbitraging in such Digital Asset entirely.
Resolutions concerning deposits, withdrawals and User balances for a Digital Asset that has had its network attacked will be determined on a case-by-case basis by EuroArbitrage in its sole discretion. EuroArbitrage makes no representation and does not warrant the safety of EuroArbitrage and you assume all liability for any lost value or stolen property.
8. Arbitrage Algorithm USE
Subject to your compliance with these Terms and any other agreement which may be in place between you and EuroArbitrage related to your use of the AA, EuroArbitrage hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, to use the AA solely for the purposes of arbitraging on EuroArbitrage. You agree to not use the AA or data provided through the AA for any other commercial purpose.
EuroArbitrage may, at its sole discretion, set limits on the number of AA calls that EuroArbitrage can make, for example, to maintain a safe and secure Arbitraging rate. You acknowledge and agree that if you in any way try to manipulate, interfere, exploit or in any other way have malicious intent regarding our AA EuroArbitrage may moderate your activity or cease offering you access to the AA (or any other AA offered by EuroArbitrage), each in its sole discretion. EuroArbitrage may immediately suspend or terminate your access to the AA without notice if we believe you are in violation of these Terms or any other agreement which may be in place between you and EuroArbitrage related to your use of the AA.
9. ACCOUNT SUSPENSION AND CLOSURE
EuroArbitrage may, in its sole and absolute discretion, without liability to you or any third party, refuse to let you open an Account, suspend your Account, or terminate your Account or your use of one or more of the Services. Such actions may be taken as a result of a number of factors, including without limitation account inactivity, failure to respond to customer support requests, failure to positively identify you, a court order, or your violation of these Terms. We may also temporarily suspend access to your Account, in the event that a technical problem causes system outage or Account errors, until the problem is resolved.
You may terminate this agreement at any time by closing your Account in accordance with these Terms. In order to do so, you should contact us for assistance in closing your Account. You may not close an Account if we determine, in our sole discretion, that such closure is being performed in an effort to evade a legal or regulatory investigation or to avoid paying any amounts otherwise due to EuroArbitrage.
We encourage you to withdraw any remaining balance of Digital Assets prior to issuing a request to close your Account. We reserve the right to restrict or refuse to permit withdrawals from your Account if (i) your Account has otherwise been suspended or closed by us in accordance with these Terms; (ii) to do so would be prohibited by law or court order, or we have determined that the Digital Assets in your Account were obtained fraudulently. Upon closure or suspension of your Account, you authorize EuroArbitrage to cancel or suspend pending transactions.
In the event that you or EuroArbitrage terminates this agreement or your access to the Services, or deactivates or closes your Account, you remain liable for all activity conducted with or in connection with your Account while it was open and for all amounts due in connection with such activity.
10. RISK DISCLOSURES
The following risks associated with Digital Assets and the Services is not exhaustive.
Any decision to buy or sell Digital Assets is the User’s decision and EuroArbitrage will not be liable for any loss suffered on the asset value of Bitcoin.
You accept the risk of arbitraging Digital Assets. In entering into any transaction on EuroArbitrage, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risk underlying your Digital Asset. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any underlying Digital Asset.
Digital Asset transfers and volatility
Digital Assets can be extremely volatile. Digital Assets may have unique features that make them more or less likely to fluctuate in value. Factors beyond EuroArbitrage’s control, such as regulatory activity, market manipulation, or unexplainable price volatility, may affect market liquidity for a particular Digital Asset. Blockchain networks may go offline as a result of bugs, Forks, or other unforeseeable reasons. As a general matter, Users with limited low risk tolerance should not engage in active arbitraging on EuroArbitrage. Speculating on the value of Digital Assets is high risk.
Understanding Digital Assets requires advanced technical knowledge. Digital Assets are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer code in order to appreciate the inherent risks. The listing of a Digital Asset on EuroArbitrage does not indicate EuroArbitrage’s approval or disapproval of the underlying technology regarding any Digital Asset and should not be used as a substitute for your own understanding of the risks specific to each Digital Asset. We provide no warranty as to the suitability of the Digital Asset arbitraged under these Terms and assume no fiduciary duty to Users in connection with such use of the Services.
Users accept all consequences of sending Digital Assets to an address that is not part of the EuroArbitrage platform. Digital Asset transactions may not be reversible. Once you send Digital Assets to an address, you accept the risk that you may lose access to your Digital Assets indefinitely. For example, an address may have been entered incorrectly and the true owner of the address may never be discovered, or an address may belong to an entity that will not return your Digital Assets, or may return your Digital Assets but first requires action on your part, such as verification of your identity.
Supply and value of Digital Assets
The value of Digital Assets may be derived from the continued willingness of market participants to platform Digital Assets for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear.
You acknowledge and agree that Digital Assets and/or EuroArbitrage features available in one jurisdiction may not be available for arbitraging or to access, as applicable, in another.
Blacklisted addresses and forfeited funds
In the event that you send assets to a Blacklisted Address, or receive assets from a Blacklisted Address, EuroArbitrage may freeze such assets and take steps to terminate your Account. Blacklisted Addresses are Addresses that have been or are currently under investigation for fraud, theft or other illegal activity.
In certain circumstances, EuroArbitrage may deem it necessary to report such suspected illegal activity to applicable law enforcement agencies and you may forfeit any rights associated with your assets, including the ability to redeem your assets until the issue is resolved. EuroArbitrage may also be forced to freeze assets in the event that we receive a legal order from a valid government authority requiring us to do so.
Software protocols and operational challenges
The software protocols that underlie Digital Assets are typically open source projects, which means that (i) the development and control of such Digital Assets is outside of EuroArbitrage’s control and (ii) such software protocols are subject to sudden and dramatic changes that might have a significant impact on the availability, usability or value of a given Digital Asset.
You are aware of and accept the risk of operational challenges. EuroArbitrage may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Services. You understand that the Services may experience operational issues that lead to delays or come to a complete stop. You agree not to hold EuroArbitrage accountable for any related delays.
All Users understand that the technology underlying Digital Assets is subject to change at any time, and such changes may affect your assets stored on our platform. You claim full responsibility for monitoring such technological changes and understanding their consequences for your Digital Assets. Users conduct all arbitraging on their own account and EuroArbitrage does not take any responsibility for any loss or damage incurred as a result of your use of any Services or your failure to understand the risks involved with Digital Assets use generally or your use of our Services.
Compliance
You are responsible for complying with applicable law. You agree that EuroArbitrage is not responsible for determining whether or which laws may apply to your transactions, including but not limited to tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.
Legislative and regulatory changes
Legislative and regulatory changes or actions at the domestic or international level may adversely affect the use, transfer, platform, and value of Digital Assets
11. RIGHT TO CHANGE OR REMOVE FEATURES AND SUSPEND OR DELAY TRANSACTIONS
We reserve the right to change, suspend, or discontinue any aspect of the Services at any time and in any jurisdiction, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any transaction and may limit or suspend your use of one or more Services at any time, in our sole discretion. Suspension of your use of any of the Services will not affect your rights and obligations pursuant to these Terms.
We may, in our sole discretion, decline to process transactions if (i) we believe the transaction is suspicious; (ii) the transaction may involve fraud or misconduct; (iii) it violates applicable laws; or (vi) it violates these Terms. Where permitted by law, we will notify you by the end of the business day if we have suspended processing your transactions and, provide our reasons for doing so and anything you can do to correct any errors leading to the stoppage.
12. FEES
In consideration for the use of the Services, you agree to pay to EuroArbitrage the appropriate fees, which EuroArbitrage may revise or update in its sole discretion from time to time. On request, EuroArbitrage may make available an alternative fee schedule to Users who satisfy certain criteria (such as in relation to arbitraging volume), which are determined by EuroArbitrage in its sole discretion from time to time. You authorize EuroArbitrage to deduct any applicable fees from your Account at the time you make a given transaction. Changes to the Fee Schedule or Alternative Fee Schedule are effective as of the date set forth in any revision and will apply prospectively from that date.
13. PROMOTIONS
EuroArbitrage does not, as a general rule, participate in promotions without an official pronouncement, either on the Site or elsewhere. You shall obtain written approval prior to releasing any statements, written media releases, public announcements and public disclosures, including promotional or marketing materials, relating to EuroArbitrage.
14. SECURITY OF USER INFORMATION
You are responsible for maintaining the confidentiality and security of any and all account names, User IDs, passwords, and any other security feature that you use to access the Services. You are responsible for (i) keeping your email address up to date in your Account profile and (ii) maintaining the confidentiality of your User information and the security of your Account, which includes the enabling of all relevant security features. You agree to notify EuroArbitrage immediately if you become aware of any unauthorized use of the Services or any other breach of security regarding the Services. EuroArbitrage will not be liable for any loss or damage arising from your failure to protect your Account or your User information.
We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. If you question the authenticity of a communication purporting to be from EuroArbitrage, you should login to your Account through the Site, not by clicking links contained in emails.
15. PRIVACY POLICY
We are committed to protecting your personal information and to helping you understand exactly how your personal information is being used. You should carefully read our Privacy Policy, which provides details on how your personal information is collected, stored, protected, and used.
In connection with your use of the Services, you will not:
· violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services;
· provide false, inaccurate, incomplete or misleading information;
· infringe upon EuroArbitrage's or any third party's copyright, patent, trademark, or intellectual property rights;
· engage in any illegal activity, including without limitation illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices;
· distribute unsolicited or unauthorized advertising or promotional material, written media releases, public announcements and public disclosures, junk mail, spam or chain letters;
· use a web crawler or similar technique to access our Services or to extract data;
· reverse engineer or disassemble any aspect of the Site, the API, or the Services in an effort to access any source code, underlying ideas and concepts and algorithms;
· perform any unauthorized vulnerability, penetration or similar testing on the API;
· take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data or information;
· transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
· otherwise attempt to gain unauthorized access to or use of the Site, the API, other EuroArbitrage Accounts, computer systems, or networks connected to the Site, through password mining or any other means;
· transfer any rights granted to you under these Terms;
· engage in any other activity which, in our reasonable opinion, amounts to or may amount to market abuse including without limitation the carrying out of fictitious transactions or wash arbitrages, front running or engaging in disorderly market conduct; or
· engage in any behavior which is unlawful, violates these Terms, or is otherwise deemed unacceptable by EuroArbitrage in its sole discretion.
17. ARBITRAGING TERMS
A transaction on EuroArbitrage may fail for several reasons, including without limitation the change in prices or unanticipated technical difficulties. EuroArbitrage takes full responsibility that any transaction will be executed properly. We are under all circumstances liable for any loss (loss of profit is not loss to customer assets) or injury suffered by a failure of a transaction to complete properly or in a timely manner. Further, we are fully responsible for notifying you of a transaction failure, although you are able to see any such failures on the Site. EuroArbitrage however is not liable for the market volatility of Bitcoin, thus encouraging our users to do their own research before investing in Bitcoin.
We may refuse to execute an Arbitrage, Triangular Arbitrage or Geographical Arbitrage transaction without amount limits or restrictions at any time, in our sole discretion without notice. Specifically, we reserve the right to refuse to process, or the right to cancel or reverse, any transaction, as well as to revoke user’s access from depositing in their address on EuroArbitrage, where we suspect the transaction involves money laundering, terrorist financing, fraud, or any other type of crime or if we suspect the transaction relates to a prohibited use as stated in these Terms. EuroArbitrage reserves the right to halt deposit activity at our sole discretion. A user may change, withdraw, or cancel its authorization to make a geographical arbitrage transaction if the request is filed within 24H prior to the geographical arbitrage transaction execution schedule.
EuroArbitrage may correct, reverse, or cancel any arbitrage impacted by an error in processing a User’s transaction or otherwise. The User’s remedy in the event of an error will be limited to seeking a refund of any amounts charged to the User. EuroArbitrage can guarantee such refunds will always be possible once provided with accurate information.
EuroArbitrage provides Users with a platform that allows their transactions to be identified individually for maximum transparency. Transactions will be filed by a number of identifiers under Transactions section within your account, depending on the arbitraging activity at the time. EuroArbitrage’s relationship with you under these Terms is as a arbitraging platform provider only. Affiliates of EuroArbitrage may execute arbitrages on the platform; provided, however, that such affiliates shall not be afforded any priority in arbitrage execution.
The Digital Assets may be subject to high or low transaction volume, liquidity, and volatility at any time for potentially extended periods. These changes may affect transaction fees, EuroArbitrage holds sole responsibility for paying those fees.
18. COMMUNICATIONS
These Terms are provided to you and concluded in English. We will communicate with you in English for all matters related to your use of our Services unless we elect, in our sole discretion, to provide support for other languages.
19. FEEDBACK
You acknowledge and agree that any materials, including without limitation questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our platform or one of our social media accounts, regarding EuroArbitrage or the Services that are provided by you, whether by email, posting to the Site or social channels, or otherwise, are non-confidential and will become the sole property of EuroArbitrage. EuroArbitrage will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
20. OWNERSHIP OF DIGITAL ASSETS
You hereby represent and warrant to us that any Digital Assets used by you in connection with the Services are either owned by you or that you are validly authorized to carry out transactions using such Digital Assets and that all transactions initiated with your Account are for your own Account and not on behalf of any other person or entity.
21. TAXES
You will be able to see a record of your transactions via your Account which you may wish to use for the purposes of making any required tax filings or payments. It is your responsibility to determine what, if any, taxes apply to your activities on the Platform, and to collect, report, and remit the correct tax to the appropriate tax authority. EuroArbitrage is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
22. FORCE MAJEURE
EuroArbitrage shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.
23. AMENDMENTS
We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Services after the initial posting of the revised agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Account.
24. ASSIGNMENT
You may not transfer or assign these Terms or any rights or obligations you have under these Terms without our prior written consent or otherwise and any such attempted assignment shall be void. We reserve the right to freely assign or transfer these Terms and the rights and obligations of these Terms, to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our Services and terminate this agreement by contacting us and requesting to close your account.
25. SURVIVAL
Upon termination of your Account or this agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
26. THIRD PARTY APPLICATIONS
If you grant express permission to a third party to connect to your Account, either through the third party’s product or through EuroArbitrage, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this agreement. Further, you acknowledge and agree that you will not hold EuroArbitrage responsible for, and will indemnify EuroArbitrage from, any liability arising from the actions or inactions of such third party in connection with the permissions you grant.
27. SITE; THIRD PARTY CONTENT
EuroArbitrage strives to provide accurate and reliable information and content on the Site, but such information may not always be correct, complete, or up to date. EuroArbitrage will update the information on the Site as necessary to provide you with the most up to date information, but you should always independently verify such information. The Site may also contain links to third party websites, applications, events or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third-Party Content do not constitute an endorsement by EuroArbitrage of any products or services. EuroArbitrage shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the Site or in any Third-Party Content.
28. LIMITED LICENSE; IP RIGHTS
EuroArbitrage grants you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to these Terms, to access and use the Services solely for approved purposes as determined by EuroArbitrage. Any other use of the Services is expressly prohibited. EuroArbitrage and its licensors reserve all rights in the Services and you agree that these Terms do not grant you any rights in, or licenses to, the Services except for the limited license set forth above.
Except as expressly authorized by EuroArbitrage, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in whole or in part. If you violate any portion of these Terms, your permission to access and use the Services may be terminated pursuant to these Terms. “” “EuroArbitrage” and all logos related to the Services are either trademarks, or registered marks of EuroArbitrage or its licensors. You may not copy, imitate, or use them without EuroArbitrage’s prior written consent. All right, title, and interest in and to the Site, any content thereon, the Services, and any and all technology or content created or derived from any of the foregoing is the exclusive property of EuroArbitrage and its licensors.
29. UNCLAIMED OR ABANDONED PROPERTY
If EuroArbitrage is holding funds in your Account, and we are unable to contact you and have no record of your use of the Services for a prolonged period of time (20 Years), applicable law may require us to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, EuroArbitrage will try to locate you at the address shown in our records, but if EuroArbitrage is unable to locate you, we may be required to deliver any such funds to the applicable jurisdiction as unclaimed property. EuroArbitrage reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
30. LEGAL COMPLIANCE
The Services are subject to all applicable export control restrictions, and, by using the Services, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Services if you are in a prohibited jurisdiction as set forth at Location Restrictions (“Restricted Territories”); you intend to transact with any Restricted Territories or Restricted Persons; if you are located, incorporated or otherwise established in, or a citizen or resident of a jurisdiction where it would be illegal under Applicable Law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services; or the publication or availability of the Services is prohibited or contrary to local law or regulation, or could subject EuroArbitrage to any local registration or licensing requirements.
31. ENTIRE AGREEMENT; THIRD PARTY RIGHTS
The failure of EuroArbitrage to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties.
The headings and any explanatory text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. These Terms, including EuroArbitrage’s policies governing the Services referenced herein, the Privacy Policy, and the Security Policy, constitute the entire agreement between you and EuroArbitrage with respect to the use of the Services.
These Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and EuroArbitrage and other affiliates of EuroArbitrage, which each shall be a third-party beneficiary of these Terms, and no other person shall assert any rights as a third-party beneficiary hereunder. If some future court judgment deems any particular provision of these Terms unenforceable, the rest of the Agreement is still valid.
32. QUESTIONS AND CONTACT INFORMATION
For any questions please send a detailed request to [email protected]
These Terms of Referral are effective as of October 26, 2022.
EuroArbitrage team manages online Algorithm as a service including website located at , EuroArbitrage application(s), application program interface(s), all together or each separately are referred to as the “Algorithm”, and provides online services and technical support.
EuroArbitrage team is represented by Arbitrage Partners Ag, a limited liability company incorporated under the laws of Switzerland with registration code CHE-102.859.169 and registered address at Obere Plessurstrasse 36, c/o Avv. Dr. Luca Tenchio, 7000 Chur, Switzerland, (“EuroArbitrage”, “we”, “us” or “our”).
These Terms of Referral (“Referral Terms”) govern your, (“you” or the “Client”), actions in promoting the proliferation of the Algorithm within the circle of undetermined as well as acquainted persons.
In matters not regulated in the Referral Terms, the provisions of the Client Terms of Use shall apply. In the event of a conflict between the Referral Terms and the Client Terms of Use, the provisions of the Referral Terms shall apply. EuroArbitrage is entitled to change the Referral Terms in accordance with its Terms of Use.
BY CREATING AND / OR SHARING THE REFERRAL LINK YOU ACCEPT THE PROVISIONS OF AND ACKNOWLEDGE BEING BOUND BY THE REFERRAL TERMS.
1. DEFINITIONS
Any capitalized terms used and not defined in the Referral Terms shall have the meaning given to them in the Client Terms of Use.
1.1
“Referrer” is a natural person or legal entity with the Client Account of the Algorithm, that is not banned, blocked or subjected to any sanctions or limitations and who has accepted the Referral Terms and thus has expressed the intention to participate in referral program of EuroArbitrage by attracting new clients using the Referral Link or Promo Code. In case of a legal entity, a manual approval by EuroArbitrage is required prior to becoming the Referrer.
1.2
“Referral Link” is an automatically generated hyperlink to the Algorithm registration scenario, personalized exclusively for the Referrer to share with potential clients for attracting new Qualified Clients.
1.3
“Promo Code” is an automatically generated code personalized exclusively for the Referrer to share with potential clients for attracting new Qualified Clients under specific conditions.
1.4
“Referrer Account” means a separately displayed account which becomes available to the Referrer upon acceptance of the Referral Terms and receiving funds related to your Referral Link. Funds on the Referrer Account are accounted in the equivalent of the US Dollar and accrued in accordance with Section 3 of the Referral Terms.
1.5
“Qualified Client” means a natural person and or a legal entity who has (a) successfully registered on the Algorithm using the Referral Link or Promo Code under the Client Account settings, (b) became part of our Arbitraging Algorithm in acceptable cryptocurrency (USDT, BTC or other listed) or in fiat currency (the latter is applicable only in case the Referrer is a legal entity), and (c) is not the Referrer herself.
2. OBLIGATIONS of the Referrer
2.1.
To become the Referrer, you are obligated to:
2.1.1.
be a registered Client of the Algorithm with the Client Account. Your profile on the Algorithm shall be completely filled and contain all the requested data including contact details;
2.1.2.
proceed verification procedure (AML/KYC compliance if applicable);
2.1.3.
in case you are acting on behalf of a legal entity, apply to become the Referrer by contacting EuroArbitrage and receiving the respective approval from EuroArbitrage;
2.1.4.
solicit and obtain the Referral Link in the special section of the Algorithm named “Invite Friends”.
2.2.
The Referrer may involve any person from the circle of acquainted persons to become the Qualified Client of the Algorithm, in any way possible and in any manner not contrary by the law, making sure that such persons:
2.2.1.
are of sufficient legal age to use the Algorithm;
2.2.2.
are not under the control of, or reside in, a jurisdiction that explicitly prohibits the use of similar Algorithm as the Algorithm;
2.2.3.
are aware that usage of the Algorithm is up to their own discretion and under their own responsibility.
2.3.
The Referrer shall have no authority and shall not:
2.3.1.
enter into or conclude any agreements (including preliminary or verbal agreements) with any persons on behalf of EuroArbitrage;
2.3.2.
introduce yourself as an employee or partner of EuroArbitrage;
2.3.3.
enter into any collusion with other existing or potential Clients of the Algorithm in order to gain any illegal benefit from the Referral Terms or benefits offered hereunder;
2.3.4.
make any statement or give any warranty or guarantee in respect of the Algorithm;
2.3.5.
reduce, harm or diminish the reputation, image and prestige of EuroArbitrage and/or the Algorithm;
2.3.6.
use any intellectual property of EuroArbitrage in contrary to the license provided under the Client Terms of Use.
2.4.
Any new client attracted by the Referrer to the Algorithm is considered to be the Qualified Client of the Algorithm only if he/she had followed the Referral Link provided by the Referrer for registering the Client Account, and joined the Algorithm in acceptable cryptocurrency (USDT, BTC or other listed) or in fiat currency (the latter is applicable only in case the Referrer is a legal entity).
3. PAYMENT TERMS
3.1.
Payment terms for a natural person as the Referrer. EuroArbitrage will pay the Referrer a fee that is calculated as a percentage of the net amount (meaning, sum without VAT) of any successful and subsequently not refunded or reversed cryptocurrency payment (for the purposes of this Section
3.1 “original payment”) for the deposit made by the subsequent Qualified Client, who is accepted by EuroArbitrage to use the Algorithm:
3.1.1.
Level 1 Qualified Client means the Qualified Client attracted by the Referrer and is subjected to 25% fee;
3.1.2.
Level 2 Qualified Client means the Qualified Client attracted by the Referrer's Qualified Client and is subjected to 15% fee;
3.1.3.
Level 3 Qualified Client means the Qualified Client attracted by the Qualified Client of the Referrer's Qualified Client and is subjected to 10% fee;
3.2.
Payment terms for a legal entity as the Referrer. EuroArbitrage will pay the Referrer a fee that is calculated as a percentage of the net amount (meaning, sum without VAT) of any successful and subsequently not refunded or reversed cryptocurrency or fiat payment (for the purposes of this Section 3.2 “original payment”) for the deposit made by the Qualified Client. The percentage is agreed between the Referrer and EuroArbitrage upon EuroArbitrage approves the legal person’s application to become the Referrer.
3.3.
General payment terms. EuroArbitrage shall pay the Referrer a fee for the original payment in cryptocurrency – USDT. EuroArbitrage may require that the Referrer sends EuroArbitrage an invoice for the fee, in which case the Referrer shall not be entitled to the fee, unless it has sent EuroArbitrage an invoice for the fee.
3.4.
The Referrer’s fee is credited by EuroArbitrage to the Referrer Account each month in proportion to the payments made by the Qualified Client (meaning that if the Qualified Client made one deposit in the liquid pool, the Referrer’s fee payments shall be made in proportion each month, taking into account the success of the investment) in the amount converted from original cryptocurrency to US Dollars equivalent at the rate of EuroArbitrage and at the moment of such credit transaction processing.
3.5.
EuroArbitrage is not obliged to:
3.5.1.
transfer to the Referrer Account any fee for any original payment that was made in whatever currency that is not subjected to conditions of the Referral Terms;
3.5.2.
transfer to the Referrer the funds accumulated on the Referrer Account in whatever currency, except acceptable cryptocurrency on request of the Referrer but on final approval of EuroArbitrage.
3.6.
With the funds on the Referrer Account, you may choose either to:
3.6.1.
credit the funds to the Client Account at your request.
3.6.2.
withdraw the funds at your request to your external wallet. The withdrawal may be subject to limitations presented to you within the Algorithm prior to withdrawal (for example, we may apply a minimal withdrawal amount and limit the types of external wallets the withdrawal can be subjected to).
3.7.
The Referrer shall be responsible for the reporting, collection, remittance and payment of any or all taxes, charges, levies, assessments and other fees of any kind imposed by governmental or other authority in respect to the fees credited to the Referrer Account as well as the Client Account and/or transferred to your external wallet.
4. Sanctions compliance
4.1.
By accessing and using EuroArbitrage’ services, you represent and warrant that you:
4.1.1.
have not been included in any trade embargos or economic sanctions lists, including but not limited to:
(a) Restrictive measures of the European Union
(b) Sanctions of the United Nations
(c) Sanctions of the Government of Switzerland
(d) the list of specially designated nationals maintained by Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury
(e) the denied persons or entity list of the U.S. Department of Commerce
(f) Lists of subjects to Financial Sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI),
4.1.2.
your use and access of EuroArbitrage services does not violate or circumvent international sanctions and restrictive measures established by the European Union, United Nations, United States of America, United Kingdom or other international sanctions applicable, and
4.1.3.
are not from any of the following comprehensively sanctioned countries or geographical regions (this list is subject to change from time to time):
(a) Belarus
(b) Burma (Myanmar)
(c) Cote d’Ivoire
(d) Crimea (Region of Ukraine)
(e) Cuba
(f) Democratic Republic of the Congo
(g) Donetsk (Region of Ukraine)
(h) Iran
(i) Iraq
(j) Liberia (Former Regime of Charles Taylor)
(k) Libya
(l) Luhansk (Region of Ukraine)
(m) Nicaragua
(n) North Korea
(o) Russian Federation
(p) Sierra Leone
(q) Somalia
(r) Sudan
(s) Syria
(t) Venezuela
(u) Yemen
(v) Zimbabwe.
4.2.
We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in our sole discretion, the provision of EuroArbitrage services in certain countries or regions, including those not listed in Section 4.1.2.
4.3
If you become subject to international sanctions, you are obliged to immediately stop using our services and notify us.
4.4.
Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of EuroArbitrage’ services to you as well as to terminate this Agreement in case:
4.4.1.
you become a subject of international sanctions,
4.4.2.
providing services to you is considered a violation or circumvention of international sanctions,
4.4.3.
you are according to our assessment related to a territory, area of activity, transaction or person subject to international sanctions, or
4.4.4.
we apply our right referred to in Section 4.2.
1. The purpose of this Privacy Policy is to inform you and provide you with an understanding of how EuroArbitrage Platform (“EuroArbitrage” or “we” or “us” or “our”) handles, collects, uses, discloses and deals with personal data about you (“User”) that you give us, that we receive through third parties or that is in our possession. Further, this Privacy Policy governs the manner in which EuroArbitrage collects, uses, maintains and/or discloses personal data collected from Users of the EuroArbitrage website (“Site”). To provide you with our Services, we might need (and sometimes obliged by the law) to collect your personal data.
2. We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
3. This privacy policy applies to the Site and all Services offered by EuroArbitrage.
Personally, identifiable information
4. We may collect personally identifiable information from Users in a variety of ways, including, but not limited to, when Users visit our Site, register on the Site, place an order, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. When interacting with us on the Site, Users can always refuse to supply personal data to us, except that it may prevent them from engaging in certain Site related activities or transactions.
Non-personally identifiable information
5. We may collect non-personally identifiable information about Users when they interact with our Site.
What Information Do We Collect?
6. “Personal data” used in this Privacy Policy is to mean data, whether
true or not, about an individual who can be identified from that data, or
from that data and other information to which an organization has or is
likely to have access. EuroArbitrage collects information about you when you use
our websites (including the Site) and other online products and services
and throughout other interactions and services you have with us. Personal
data which we may collect include:
1. Name
2. Home Address
3. Contact Information
4. Transactional Information
5. Usage and Preferences
6. Identification number
7. Bank Account Number
We will collect your personal data in accordance with the legislative purpose of the DPA.
7. We may also collect and store certain information automatically when you visit the Site. Examples include the internet protocol (IP) address used to connect your computer or device to the internet, connection information such as browser type and version, your operating system and platform, a unique reference number linked to the data you enter on our system, login details, the full URL clickstream to, through and from the Site (including date and time), cookie number and your activity on our Site, including the pages you visited, the searches you made and, if relevant, the products/services you purchased.
8. We may receive information about you from third parties if you use any websites or social media platforms operated by third parties (for example, Facebook, Instagram, Twitter etc.) and, if such functionality is available, you have chosen to link your profile on the Site with your profile on those other websites or social media platforms.
Cookies
9. We may use cookies to identify you from other users on the Site.
10. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device.
11. You can block or deactivate cookies in your browser settings.
12. We use log-in cookies in order to remember you when you have logged in for a seamless experience.
13. We use session cookies to track your movements from page to page and in order to store your selected inputs so you are not constantly asked for the same information.
14. This Site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the Site and ways that we can improve your experience. These cookies may track things such as how long you spend on the Site and the pages that you visit so we can continue to produce engaging content.
15. By continuing to use the Site, you are agreeing to the use of cookies on the Site as outlined above. However, please note that we have no control over the cookies used by third parties.
Purposes for Collection, Use, Disclosure and Processing of Your Personal Data
16. EuroArbitrage will/may collect, use, disclose and/or process your personal data for one or more of the following purposes:
(a)administering, facilitating, processing and/or dealing in any matters relating to your use or access of the Site, including identifying you for login to the Site, our portals and other online services provided by or on behalf of us;
(b)monitoring, processing and/or tracking your use of the Site in order to provide you with a seamless experience, facilitating or administering your use of the Site, and/or to assist us in improving your experience in using the Site;
(c)assessing and processing your request for the purchase of and/or subscription to our products and/or services;
(d)registering you as a customer of EuroArbitrage and/or to deal with, process and/or administer the account that you may open with us, whether a membership account or otherwise, including to facilitate your transactions or activities on the Site, or your transactions or activities with us;
(e)administering, facilitating, processing and/or dealing with your relationship with us, any transactions or activities carried out by you on the Site or with us. This includes processing your application, orders and payment transactions; implementing transactions and the supply of products and/or services to you that you have requested;
(f)carrying out your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf including responding to your enquiries and complaints; or responding to or dealing with your interactions with us;
(g)contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for the purposes of administering and/or managing your use of the Site, your membership and/or account with us, your relationship with us or any transactions made by you with us. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(h)providing services to you as our account holder, as our customer, or when requested by you; dealing with or administering your participation in contests, gamification, social events organized by us;
(i)understanding your interests, concerns and preferences;
(j)identifying you and assisting you in your use of our products, services and website services;
(k)for marketing purpose and in this regard, we would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, contests, services and/or events (including those of third party organizations with which EuroArbitrage may collaborate with) that EuroArbitrage (including its affiliates/related corporations) or such third party organizations may be selling, marketing, offering, organizing, involved in or promoting, whether such products, services and/or events exist now or are created in the future:
(i)by way of postal mail, electronic transmission to your email address(es), and/or through other modes of communication that is not the 3 DNC Modes, in compliance with applicable local data protection law (i.e. the DPA). You may opt out of this or withdraw from this at any time by sending an email to our Data Protection Officer. For the avoidance of doubt, the application of or your acceptance of or your consent to, this Privacy Policy, constitutes your consent to this subparagraph (i);
(ii)if you have separately expressly consented to one or more of the following 3 DNC Modes, by way of the 3 modes of communications of voice calls, text messages or faxes (the “3 DNC Modes”) to your telephone number, in compliance with the requirements of applicable local data protection law (i.e. the DPA); and/or
(iii)Notwithstanding (ii) above, regardless that you have not separately provided express consent as aforementioned in (ii) above, EuroArbitrage reserves its right to send a specified fax message and/or a specified text message (i.e. a marketing fax message or marketing text message) to your American telephone number, to which EuroArbitrage reserves the right for final interpretation;
(l)carrying out due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations (whether American or foreign country) applicable to us or our affiliates/associated companies, the requirements or guidelines of governmental authorities (whether American or foreign country) which we determine are applicable to us or our affiliates/associated companies, and/or our risk management procedures that may be required by law (whether American or foreign country) or that may have been put in place by us or our affiliates/associated companies;
(m)to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with conflict of interests; or dealing with and/or investigating complaints;
(n)complying with or as required by any applicable law, court order, order of a regulatory body, governmental or regulatory requirements, of any jurisdiction applicable to us or our affiliates/associated companies, including meeting the requirements to make disclosure under the requirements of any law binding on us or our affiliates/associated companies, and/or for the purposes of any guidelines issued by regulatory or other authorities (whether of American or elsewhere), with which we or our affiliates/associated companies are expected to comply;
(o)complying with or as required by any request or direction of any governmental authority (whether American or foreign country) which we are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (whether American or foreign country). For the avoidance of doubt, this means that we may/will disclose your personal data to such parties upon their request or direction;
(p)conducting research (including customer research), surveys, market surveys, analysis and/or development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities, or to improve our understanding of your interests, concerns and preferences, in order to enhance any continued interaction between yourself and us connected or in relation to the Site, or improve any of our products or services;
(q)storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside American;
(r)facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of EuroArbitrage or that of its affiliates/related corporations;
(s)to create reports with respect to our transactions with you, and/or producing statistics and research of such transactions for internal and/or statutory reporting and/or record-keeping requirements;
(t)dealing with and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves EuroArbitrage as a participant or involves only a related corporation or affiliated company of EuroArbitrage as a participant or involves EuroArbitrage and/or any one or more of EuroArbitrage's related corporations or affiliated companies as participant(s), and there may be other third party organisations who are participants in such transaction. “business asset transaction” means the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation;
(u)Anonymization of your personal data. In this regard, you acknowledge that personal data that has been anonymized is no longer personal data and the requirements of applicable local data protection law (i.e. the DPA) would no longer apply to such anonymized data;
(v)EuroArbitrage LLC (as the operating entity of "EuroArbitrage Platform") EuroArbitrage
LLC's reporting purposes, including but not limited to reporting the
operating performance of EuroArbitrage platform; including internal and/or
statutory reports for EuroArbitrage or its affiliates/related companies and/or
recordkeeping requirements to produce statistics and research; and/or
(the purposes set out above shall be collectively referred to as the “Purposes”).
17. EuroArbitrage may/will need to disclose your personal data to third parties, whether located within or outside America, for one or more of the above Purposes, as such third parties, would be processing your personal data for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we may/are permitted to disclose your personal data to such third parties (whether located within or outside America) for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your personal data for one or more of the above Purposes. Without limiting the generality of the foregoing or of paragraph 17, such third parties include:
(a)our associated or affiliated organizations or related corporations;
(b)any of our agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centers; and
(c)third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes.
18. You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by emailing us at [email protected] . We will process your request [within a reasonable time] from such a request for withdrawal of consent being made, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request, unless an exception under the law or a provision in the law permits us to. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal, including us being unable to perform the transactions requested by you in the Site.
19. We may collect, use, disclose or process your personal data for other purposes that do not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of your personal data without your consent is permitted by the DPA or by law.
20. We may/will also be collecting from sources other than yourself, personal data about you, for one or more of the above Purposes, and thereafter using, disclosing and/or processing such personal data for one or more of the above Purposes. We may combine information we receive from other sources with information you give to us and information we collect about you. We may use this information and the combined information for the Purposes set out above (depending on the types of information we receive).
How we protect your personal data
21. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal data, user name, password, transaction information and data stored on our Site.
22. Sensitive and private data platform between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is functioning in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.
23. We will put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any other legal or business purposes.
Sharing your personal information
24. We do not sell, trade, or rent users’ personally identifiable information to others. We may share generic aggregated demographic information not linked to any personally identifiable information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Rights
25. You have the right to ask us not to use your personal data for marketing purposes. Please let us know if you want to withdraw your consent by emailing us at [email protected].
26. You have the right to access and/or correct any personal data that we hold about you, subject to exceptions under the law. This right can be exercised at any time by emailing us at [email protected]. We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. With respect to your access request, we may charge a fee in order to process it.
27. For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested.
28. For a request to correct personal data, once we have sufficient information from you to deal with the request, we will correct your personal data within 30 days. Where we are unable to do so within the said 30 days, we will notify you of the soonest practicable time within which we can make the correction. We will send the corrected personal data to every other organization to which the personal data was disclosed by us within a year before the date the correction was made, unless that other organization does not need the corrected personal data for any legal or business purpose.
29. We hold and deal with your data in accordance with the DPA.
Complaint Process
30. If you have any complaint or grievance regarding about how we are handling your personal data or about how we are complying with the DPA (when in force), we welcome you to contact us with your complaint or grievance.
31. Please contact us with your complaint or grievance by emailing us at [email protected].
32. Where you are sending an email in which you are submitting a complaint, your indication at the subject header that it is a DPA complaint would assist us in attending to your complaint speedily by passing it on to the relevant staff in our organization to handle. For example, you could insert the subject header as “DPA Complaint”.
33. We will certainly strive to deal with any complaint or grievance that you may have speedily and fairly.
Changes to this privacy policy
34. EuroArbitrage has the discretion to update this privacy policy at any time. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
35. By using this Site, you signify your acceptance of this policy and Terms of Use. If you do not agree to this policy, please do not use our Site.
General
36. Your consent that is given pursuant to this Privacy Policy is additional to and does not supersede any other consents that you had provided to EuroArbitrage with regard to processing of your personal data.
37. For the avoidance of doubt, in the event that American data protection law permits an organization such as us to collect, use or disclose your personal data without your consent, such permission granted by the law shall continue to apply.
If you have any queries on this Privacy Policy or any other queries in relation to how we may manage, protect and/or process your personal data, please do not hesitate to contact our Data Protection Officer at [email protected] .
EuroArbitrage does not onboard or provide services to the accounts of corporate entities that are either located in, established in, or are residents of Cuba, China, Ecuador, Russian Federation, Syria, Iran, North Korea. EuroArbitrage also does not onboard any users from Cuba, China, Ecuador, Russian Federation, Syria, Iran, North Korea or non-professional investors from Hong Kong.
EuroArbitrage furthermore, does not onboard or provide services to the personal accounts of current residents that are from Cuba, China, Ecuador, Russian Federation, Syria, Iran, North Korea. There may also in certain situations be partial restrictions within other jurisdictions also, potentially including but not limited to Hong Kong.
Security policy
EuroArbitrage values the work done by security researchers in improving the security of our products and service offerings. We are committed to working with this community to verify, reproduce, and respond to legitimate reported vulnerabilities.
Responsible Disclosure Guidelines
We will investigate legitimate reports and make every effort to quickly correct any vulnerability. To encourage responsible reporting, we will not take legal action against you nor ask law enforcement to investigate you provided you comply with the following Responsible Disclosure Guidelines:
· Provide details of the vulnerability, including information needed to reproduce and validate the vulnerability and a Proof of Concept (POC).
· Make a good faith effort to avoid privacy violations, destruction of data, and interruption or degradation of our services.
· Do not modify or access data that does not belong to you.
· Do not attempt any significant theft.
· Give EuroArbitrage a reasonable time to correct the issue before making any information public.
If you suspect that your EuroArbitrage account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and or EuroArbitrage (together a “Security Breach”), you must notify EuroArbitrage Support as soon as possible at [email protected] and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take steps that we reasonably require you to do so, to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into consideration in our determination of the appropriate resolution of the matter.
Regulation
EuroArbitrage Derivatives follows an extensive audit program, which includes but is not limited to the following audits:
- Anti Money Laundering (AML): Annually, we conduct a full analysis and review of our OFAC (Office of Foreign Assets Control) procedures and AML processes, strategy, policy, controls and related technologies.
- Digital Asset Custody: Because we custody digital assets on behalf of our
clients. Cooperative Review Agency conducts an annual review of how we hold
digital assets from a security and key controls perspective.
- Penetration Testing: We contact with independent outside vendors to
perform at-least-annual penetration tests that evaluate the effectiveness
of our existing security controls.
- Vulnerability Scans: We run regular systems vulnerability scans on at
least a quarterly basis, and more frequently where possible.
- Key Controls: We conduct key controls tests at regular intervals to assess
the effectiveness of the oversight mechanisms related to our key internal
processes.
