LAST UPDATE: July 24, 2019

This Terms of Service Agreement ( "Terms" or "Agreement" ) is a contract between you ( "User" , "you" or "your" ) and Aurora Labs S.A. (together with its subsidiaries and affiliates, "Aurora", "we", "us" or "our"), operators of the IDEX digital asset platform (" IDEX" or " Site", currently available at idex.market) that applies to your:

  • use of IDEX to buy or sell digital assets;
  • use of the IDEX Application Programming Interface ( "API" );
  • creation of a non-hosted software wallet for digital assets;
  • running of IDEX staking software ("IdexD"); or
  • use of any other services offered by us (together, the "Services" ).

Please read this document carefully. It contains very important information about the terms of our services. By using our Services, you accept and are bound by the terms below.



Subject to these Terms, Aurora grants you a limited, non-exclusive, non-sublicensable and fully revocable license to access and use the Services during the time that you are in compliance with these Terms.

1. Description of Services

We provide a convenient platform for buying and selling digital assets on the Ethereum network. Users deposit their digital assets to the IDEX smart contract, and, through the Site, authorize Ethereum transactions to buy and sell those assets for other assets on the Ethereum network. Users may use our platform to buy and sell digital assets using the IDEX smart contract. Our Services do not allow Users to buy and sell their assets for anything other than assets on the Ethereum network, i.e., blockchain-based tokens following the ERC-20 standard. That means we do not support the conversion of fiat currency to digital assets, or vice versa.

We charge a transaction fee for both parties involved in the trade and a gas charge to cover the gas expense of dispatching transactions (including withdrawals) to the Ethereum blockchain.

IDEX is a non-custodial platform. This means we do not own, control, or take custody of any digital assets held by Users on the platform. Users maintain custody over their digital assets at all times.

We also allow Users to create their own unhosted software wallets on the Site, currently available at https://idex.market/create.

Finally, we provide Users the option of running the IdexD staking software, which allows Users to run specialized nodes ("Nodes") that execute or manage specific functions related to IDEX. For more details, please visit https://idex.market/staking.

2. Account Registration

By accessing or using the Services or registering for an account with us ( "Account" ), you agree that you have read, understood and accept all of the terms and conditions contained in this Agreement as well as our Privacy Policy. You also represent that you have the legal authority to accept these Terms on behalf of yourself and any party you represent in connection with your use of the Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms "you", and "your" applying to you, that entity, and other users accessing the Services on behalf of that entity.

We may, in our sole and absolute discretion, without liability to you or any third party, refuse to let you open an Account, suspend your Account, consolidate Accounts if you have more than one 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 the failure to positively identify you, by legal/regulatory demand, or your violation of the terms of this Agreement. We may also temporarily suspend access to your Account if a technical problem so requires.

3. Identity Verification

When you access the Services or create an Account, we will ask for your name, physical address, mailing address, date of birth, and other information that will allow us to identify you. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your Account.

You also agree to provide us, when registering an Account and as requested on an ongoing basis, with any additional information we or our service providers 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 authorize us to keep a record of such information and to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and others 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 regulatory agencies or our service providers, and these parties may take action using that information.

4. Security of your Account and Wallet

We are not an insured financial institution. As a result, unlike funds held in most banks or credit unions, amounts displayed through the Services are not insured against loss.

Furthermore, IDEX is a non-custodial platform. As such, we do not know nor have access to the private keys to the digital asset wallets you use in connection with the Services. Therefore, you are exclusively responsible for maintaining the confidentiality and security of your Accounts or devices you use to access the Services. You are also responsible for maintaining the security of the digital asset wallets you utilize in connection with the Services, and for ensuring that no unauthorized person has access to your wallet files, its private keys, or any device that you utilize in connection with the Services.

We will not be liable for any loss or damage arising from your failure to protect your Account or your digital asset wallets.

5. Trading Terms

We provide Users with a platform that allows orders they enter to be connected with the orders of other Users. Orders may be partially filled or may be filled by a number of orders, depending on the trading activity at the time an order is placed.

A transaction on IDEX may fail for several reasons, including without limitation a change in prices, order availability, or technical difficulties experienced by us or Nodes. We make no representation or warrant that any transaction will be executed fully, or at all. We are, under no circumstances, liable for any loss or injury suffered by a failure of a transaction to complete properly or in a timely manner, including dispatching to the Ethereum blockchain. Further, we are in no way responsible for notifying you of a transaction failure, although you are able to see any such failures on the Site. You have full responsibility to determine and inquire into the failure of any transaction which you initiate.

The digital assets that are available for purchase through the Services may be subject to high or low transaction volume, liquidity issues, and volatility for potentially extended periods. WE MAY ALSO DELIST AN ASSET FROM TRADING ON IDEX AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTICE.You acknowledge that while we are using commercially reasonable methods to provide trading availability and pricing data to you through our Services, we do not guarantee that the Services will be consistently available. You agree that you assume all risks and potential losses associated with digital assets being delisted, price fluctuations, or differences in actual versus indicated prices.

We operate as a platform provider and generally do not act as principal or counterparty with respect to trades entered into on the platform. Notwithstanding the foregoing, (i) we may act as a counterparty for limited trades made for the purpose of liquidating fees collected on User trades, and (ii) our affiliates or partners may execute trades on the platform.

6. Restricted Activities

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;
  • engage in any trading activity which, in our sole discretion, amounts to or may amount to market abuse including without limitation pumping and dumping, entering fictitious transactions or wash trading, front running, bear raiding or engaging in disorderly market conduct;
  • infringe upon our or any third party’s copyright, patent, trademark, or other intellectual property rights;
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure or that of our Nodes, or detrimentally interfere with, intercept, or expropriate any system, data or information;
  • transmit or upload any material to the Site or to Nodes that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
  • therwise attempt to gain unauthorized access to or use of the Site, the API, other Accounts, Nodes, or computer systems connected to the Site; or
  • engage in any behavior which violates this Agreement or is otherwise deemed unacceptable by us in our sole discretion.

7. Restricted Jurisdictions

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 (i) a resident, national or agent of Crimea, Cuba, Iran, North Korea, Syria or any other country or region to which the United States embargoes goods or imposes similar sanctions ("Restricted Jurisdictions"); (ii) a resident, national or agent of the U.S. states New York and Washington; (iii) a member of any sanctions list or equivalent maintained by the United States government ("Restricted Persons"); or (iv) you intend to transact with any Restricted Jurisdictions or Restricted Persons.

8. Risk Disclosures

Trading digital assets is risky and you should never trade more than they can afford to lose. The following list of risks associated with digital assets and the Services is not exhaustive.

Risks of trading in digital assets

Digital asset prices are highly volatile and trading in digital assets is extremely risky. In addition, factors beyond our control may affect market liquidity for a particular digital asset, such as regulatory activity, market manipulation, the acts or omissions of the issuer of the digital asset, or unexplainable price volatility. We may also determine it is in the best interest of Users to suspend trading in a digital asset for these reasons. By using the Services, you accept the risk of trading digital assets. In entering into any transaction, you represent that you have been, are, and will be solely responsible for making your own independent appraisal into the risks of the transaction and the underlying digital asset.

Our listing of a digital asset does not indicate approval or disapproval of the digital asset’s merits as an investment or a technology. We give no warranty as to the suitability of the digital asset traded under this Agreement and assume no fiduciary duty in our relations with you. You must conduct your own due diligence when determining whether to buy or sell a particular digital asset. If you choose wisely, we will not share in any portion of your gains. Likewise, if you choose poorly, we will not bear any portion of your losses.

No brokering transactions or provision of investment advice

We provide an execution-only service. We do not broker transactions on your behalf, advise on the merits of any particular digital assets, transactions, or associated risks, or provide any other financial, investment or legal advice in connection with the Services. To the extent that we do provide trading data, post market commentary, articles, or make social media posts, the act of doing so is incidental to your relationship with us and such information may not be considered as investment or financial advice and should not be construed as such. ANY DECISION TO BUY OR SELL DIGITAL ASSETS IS SOLELY THE USER’S DECISION AND WE WILL NOT BE LIABLE FOR ANY CONSEQUENT LOSS.

No promise of liquidity

The ability for you to buy or sell digital assets on IDEX is contingent on there being a counterparty willing to buy or sell the same digital asset. We make no promises as to the timing or availability of buying or selling digital assets on the Site. We reserve the right to change, suspend, or discontinue any aspect of the Services at any time and in any jurisdiction, without notice and without liability. This includes, without limitation, the absolute discretion to list and de-list digital assets available for trading at any time. We are not required to provide advance notice of delisting.

You acknowledge and agree that digital assets and/or features available in one jurisdiction may not be available for trading or to access, as applicable, in another.

No guarantee of continuous access to Services

We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our site may be interfered with by numerous factors outside of our control, including regulatory reasons and issues with the Ethereum network. We will make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete transactions.

9. Taxes

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. We will make any tax withholdings or filings that we are required by law to make, but we are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. We encourage you to speak with your personal tax advisor regarding the tax implications of your use of the Services.

10. Indemnification and Release

Aurora and its subsidiaries, parents, affiliates, service providers, and each of their respective officers, directors, agents, joint venturers, employees or representatives (collectively, the "Released Parties"), are not liable for any damages that may arise out of or in connection with your use of the Services. This includes, but is not limited to, claims, applications, injuries, delays, direct loss, loss of business or profits, business interruption costs, loss of goodwill or business profits, loss of cryptocurrency or digital assets, damage caused by your computer, computer software, systems and programs, and the data thereon or any other direct or indirect, consequential and incidental damages. In addition, the Released Parties are not liable for any losses incurred, either directly or indirectly through your use of the Site or any of its functions and features (collectively, all of the foregoing items shall be referred to herein as "losses"). The Released Parties are hereby released by you from liability for any and all losses. These limitations of liability apply whether the liability or losses are based on negligence, contract, tort, or any other basis, even if the Released Parties had been advised or should have known of the possibility of such losses.

You agree to indemnify and hold the Released Parties harmless from any claim or losses (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, or your violation of any law or regulation.

If you have a dispute with one or more Users, Nodes, issuers of digital assets listed on IDEX or other third parties, you release the Released Parties from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.




12. Governing Law; Venue and Arbitration

You agree to arbitrate any dispute arising from these Terms or your use of the Services. Arbitration prevents you from suing in court or from having a jury trial. You agree to notify each other in writing of any dispute within sixty days of when it arises.

In addition, you agree:

  • To attempt informal resolution prior to any demand for arbitration;
  • That any arbitration will occur in the United States;
  • That any arbitration will be conducted confidentially by a single arbitrator, selected by a third-party arbitration forum;
  • That the state and federal courts in the United States have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration;
  • That the arbitrator has the authority to grant any remedy that would otherwise be available in court; and
  • That the parties shall split the costs and expenses of any arbitration and bear their own legal costs and expenses.

Any dispute between the parties will be governed by these Terms and the laws of the State of Delaware, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

13. Miscellaneous

a. Headings

The heading and explanatory text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

b. Force Majeure

We 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, war, 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.

c. Amendments

We may amend any portion of this Agreement at any time by posting the revised version of this Agreement 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.

d. 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.

e. Waiver and Conflict

The failure of Aurora 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 this Agreement 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 this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties.

f. Third Party Rights

This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and us and any affiliates which each shall be a third party beneficiary of this Agreement, and no other person shall assert any rights as a third party beneficiary hereunder.

If you have any questions about these Terms, please contact us at [email protected].

Privacy Policy

LAST UPDATE: July 24, 2019

Aurora Labs S.A. (“Aurora Labs”, “we”, “our” or “us”) collects information about you from various sources to provide our Site to you, to analyze and improve our Site, and to communicate with you. This Privacy Policy (the “Privacy Policy”) covers our treatment of the personally identifiable information (“Personal Information”) that we gather when you access or use our services, currently offered at idex.market (the “Site”).

From time to time, we may revise or amend this Privacy Policy to reflect changes in law, our personal data collection and use practices, the features on the Site, or advances in technology. This Privacy Policy does not cover the practices of entities we don’t own or control, or people we don’t manage.

1. Who we are

Our Privacy Policy applies to our Site and all services we offer, but excludes any products applications or services that have separate privacy policies which do not incorporate this Privacy Policy. For the purposes of data protection laws of the United States (“US”) and the European Union (“EU”) (“Data Protection Laws”), Aurora Labs is a data controller (i.e., the company who is responsible for, and controls the processing of, your personal data).

2. Information we collect and for what purpose

We gather various types of Personal Information from our users and Site visitors, and we use this Personal Information internally for a variety of purposes, including but not limited to business reasons, marketing, Site maintenance and statistics, and research and product development.

  • Information you provide – when you interact with our Site you may voluntarily provide us with Personal Information, such as your name (including business entity name), date of birth, postal address, email address, phone number, physical location and trading activity. You may provide this Personal Information to us when you contact us, create an account with us, inquire about careers with us, or request information about our Site. You may provide this Personal Information to us directly or through third-party identity verification services or social media. We may also request and collect additional documentation to support and verify the Personal Information you provide, including: identification documents such as passports, drivers’ licenses or national identification cards; official letters and statements proving place of residence; and self-portrait photographs.
  • Information Automatically Collected – we may also automatically collect other technical information about your use and interaction with our Site, which may be collected through cookies, web beacons and other similar technology as described in Section 5 (how we use cookies and other tracking technology to collect information). We may collect and review blockchain analytics information relating to blockchain addresses you provide and your interaction with the Ethereum network.
  • Do Not Track – our Site does not respond to Do Not Track signals communicated by your browser.

3. How we collect information

To the extent permissible under applicable Data Protection Laws, we collect information about you and any other party whose details you provide to us when you:

  • Access or use our Site;
  • Create an account with our Site;
  • Complete online forms (including call back requests), take part in surveys, post on any forums, download information such as white papers or other publications or participate in any other interactive areas that appear within our Site;
  • Interact with us using social media;
  • Provide your contact details to us when registering to use or access any services we make available or when you update those details; and
  • Contact us or otherwise connect with us, online or offline.

We will also collect your information where you only partially complete and/or abandon any information inputted into our Site and/or other online forms and may use this information to contact you to remind you to complete any outstanding information and/or for marketing purposes.

We may also collect information from your devices (including mobile devices) and applications you or your users use to access and use our Site (for example, we may collect the device identification number and type, location information and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your Internet Protocol (IP) address, your browsing history and your web log information) and we will ask for your permission before we do so. We may do this using cookies or similar technologies (as described in Section 5 below).

If you intend to give us Personal Information about someone else, you are responsible for ensuring that you comply with any obligation and consent obligations under applicable Data Protections Laws. Insofar as required by applicable Data Protection Laws, you must ensure that beforehand you have their explicit consent to do so and that you explain to them how we collect, use, disclose and retain their Personal Information, or direct them to read our Privacy Policy.

4. How we use your information

To the extent permissible under Data Protection Laws, we use your information to:

  • Provide any information or services that you have requested or ordered;
  • Compare information for accuracy and to verify it with third parties;
  • Provide, maintain, protect and improve our Site;
  • Manage, monitor, and administer your use of the Site and provide an enhanced, personal, user experience;
  • Manage our relationship with you (for example, customer services and technical support activities);
  • Undertake internal testing of our Site or systems to test and improve their security and performance (in these circumstances, we would de-identify any information used for such testing purposes);
  • Provide you with any information that we are required to send you to comply with our regulatory or legal obligations;
  • Comply with applicable Know Your Customer and Anti-Money Laundering regulations;
  • Detect, prevent, investigate or remediate, crime, illegal or prohibited activities or to otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);
  • Contact you to see if you would like to take part in our customer research (for example, feedback on your use of our applications, products and services);
  • Monitor, carry out statistical analysis and benchmarking (provided that in such circumstances it is on an aggregated basis which will not be linked back to you or any living individual);
  • Deliver advertising, marketing (including in-product messaging) or information which may be useful to you; and
  • Deliver joint content and services with third parties with whom you have a separate relationship (for example, social media providers).

In addition to the commercial uses listed above, we may be required to provide any and all of your Personal Information to governmental authorities as necessary to comply with the law. To the extent required by Data Protection Laws, or where we have a legitimate and lawful purpose for doing so, we retain information about you after your withdrawal of funds from the Site, the closure of your account, if your application for an account is declined or if you decide not to proceed with the application.

Our Site may contain technology that enables us to:

  • Check specific information from your device or systems directly relevant to your use of the websites, applications or Site against our records to make sure the Site services are being used in accordance with our end-user agreements and to troubleshoot any problems;
  • Obtain information relating to any technical errors or other issues with our Site;
  • Collect information about how you use the features of our Site; and
  • Gather statistical information about the operating system and environment from which you access our Site.

In addition to the purposes described in this section 4, we may also use information we gather to deliver targeted and interest-based advertising, marketing (including in-product messaging) or information to you which may be useful, based on your use of the Site or any other information we have about you (depending on the Site, you may able to configure these features to suit your preferences). To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. You may adjust your ad preferences through your social media settings. You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.

5. How we use cookies and other tracking technology to collect information

Cookies are small text files which are transferred from our Site and stored on your device. We use cookies to provide personalized service, and to help make our Site easier for you to access. Our cookies may be; 1) temporary session cookies (cookies that identify and track users within our Site that are deleted when you close your browser or leave your session in the application or service); or, 2) persistent cookies (cookies that enable our Site to “remember” who you are and to remember your preferences within our Site and which will stay on your computer or device after you close your browser or leave your session in the applicable Service).

We use the following different types of cookies:

  • Strictly necessary cookies - these cookies are needed for our Site to function properly, for example, these cookies allow you to access secure areas of our Site.
  • Performance cookies and analytics technologies - these non-identifying cookies collect statistics about how visitors interact with our Site, for instance which functionality visitors use most often, and if they get error messages from areas of the websites, applications or Site.
  • Functionality cookies - these cookies allow our Site to remember choices you make (such as your username, language or region) and allow us to provide enhanced personalized features.
  • Targeting or advertising cookies - these cookies are used to deliver adverts tailored to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. They are usually placed by advertising networks with our permission.
  • Web beacons and parameter tracking – we use cookies and similar software known as web beacons to count users who visit our Site after clicking through from our advertisements on other websites or in emails. These web beacons collect limited information which does not identify particular individuals. It is not possible to refuse the use of web beacons. However, because they are used in conjunction with cookies, you can effectively disable them by setting your browser to restrict or block cookies.
  • IP Address and traffic data – we keep a record of traffic data which is logged automatically by our servers, such as your IP address, device information, the website that you visited before ours and the website you visit after leaving our Site. We also collect some site, application and service statistics such as access rates, page hits and page views. We are not able to identify any individual from traffic data or site statistics.
  • Google Analytics – Google Analytics uses cookies to help the Site analyze how visitors use our services. The information generated by the cookie will be transmitted to, and stored by, Google, on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site by compiling reports on website activity for website operators and providing other reports relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. To find out more, see “How Google uses data when you use our partners’ sites or apps,” (located at www.google.com/policies/privacy/partners, or any other URL Google may provide from time to time).
  • Intercom - we use third-party analytics services to help understand your usage of our services. In particular, we provide a limited amount of your information (such as sign-up date and some personal information like your email address) to Intercom, Inc. (“Intercom”) and utilize Intercom to collect data for analytics purposes when you visit our website or use our product. As a data processor acting on our behalf, Intercom analyzes your use of our website and/or product and tracks our relationship by way of cookies and similar technologies so that we can improve our service to you. For more information on Intercom’s use of cookies, please visit https://www.intercom.com/terms-and-policies#cookie-policy. We may also use Intercom as a medium for communications, either through email, or through messages within our product(s). The Intercom Messenger Apps and Apps in Inbox products may also provide you with access to other third party applications such as Stripe. You should consult these third parties’ privacy notices for further information on their use of your personal data. As part of our service agreements, Intercom collects publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience. For more information on the privacy practices of Intercom, please visit https://www.intercom.com/terms-and-policies#privacy. Intercom’s services are governed by Intercom’s terms of use which can be found at https://www.intercom.com/terms-and-policies#terms.

If necessary to comply with applicable law, we will ask for your consent to use cookies on your device.  Once your consent has been provided, this message will not appear again when you revisit.  If you, or another user of your computer, wish to withdraw your consent at any time, you can do so by altering your browser settings. You can find more information about cookies at: www.allaboutcookies.org and http://www.youronlinechoices.com/uk/.

6. How we use mobile data

We may obtain information through mobile applications that you install on your mobile devices to access and use our Site. These mobile applications may be our own mobile applications or those belonging to third parties. Where the mobile application belongs to a third party, you must read their privacy policy as it will apply to your use of that third-party mobile application. We are not responsible for such third-party mobile applications and their use of your Personal Information.

7. How we share your information

We intend to keep your data and information confidential, in compliance with our legal obligations. We may share your information with, where permitted by applicable law:

  • Our corporate family, affiliates and subsidiaries;
  • Our service providers and agents (including their sub-contractors) or third parties which process information on our behalf (e.g. internet service and platform providers, payment processing providers and those organizations we engage to help us send communications to you);
  • Partners, including system implementers, resellers, value-added resellers, independent software vendors and developers;
  • Third parties used to facilitate payment transactions, for example clearing houses, clearing systems, financial institutions and transaction beneficiaries;
  • Third parties where you have a relationship with that third party and you have consented to us sending information (for example social media sites or other third-party application providers);
  • Third parties for marketing purposes;
  • Third party credit reference and fraud prevention agencies;
  • Third parties to enforce our legal rights and satisfy our legal obligations, including without limitation any reporting or disclosure obligations under applicable law or regulations or subpoena, court order or other judicial or administrative process, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property, or the rights, property or safety of others;
  • Third parties to comply with the rules, regulations and guidelines of the payment networks in which transactions are processed;
  • Our professional advisors and auditors for the purpose of seeking professional advice or to meet our audit responsibilities;
  • Third parties to transfer information and/or assets in the event of a joint venture, collaboration, financing, merger, acquisition, sale, bankruptcy filing, change of legal form or other corporate restructuring;
  • Another organization to whom we may transfer our agreement with you; and
  • Third parties for any other purpose permitted under applicable law and regulation or agreed to in this Privacy Policy or disclosed at the time the information is collected.

If you follow a link from our Site to another site or service, this Privacy Policy will no longer apply. We are not responsible for the information handling practices of third-party sites or Site and we encourage you to read the privacy notices appearing on those sites or Site.

8. Legal basis for processing in the EU

In the EU, we collect your personal data for the following purposes:

  • Where necessary to perform any contract we enter into, or have entered into, with you to provide services or access to our Site;
  • Where necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
  • Where we need to comply with a legal or regulatory obligation in the EU.

If you require details about the specific legal basis we are relying on to process your personal data please contact us at [email protected].

9. How we store and protect your information

We will endeavor to keep your information secure by taking appropriate technical and organizational measures against its unauthorized or unlawful processing and against its accidental loss, destruction or damage. We will take commercially reasonable steps to protect your Personal Information but we cannot guarantee the security of your information which is transmitted to our Site or to other website, applications and Site via an internet or similar connection.

For individuals based in the EU or Switzerland, we store personal data for as long as necessary to fulfil the purposes for which we collect the data (see above under "Information we collect and for what purpose"), except if required otherwise by Data Protection Laws. Please note that we may transfer information, including Personal Information, to a country and jurisdiction that does not have the same Data Protection Laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which we or our parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

If you believe your account has been compromised, please contact us at [email protected].

10. Your choices

a. Personal Information

You may provide us with instructions on what to do with your Personal Information. Users have choices and control over their Personal Information. Where we need to collect Personal Information and you fail to provide that data when requested, we may have to close your account and/or block your access to the Site. Since your choices and instructions may result in loss of access to the Site and services, please review your options carefully.

b. Other information

If you have any questions about your Personal Information, our use of this Personal Information, or your rights when it comes to any of the foregoing, contact us at [email protected].

c. Your rights in respect to your Personal Information if you are located in the EU or Switzerland

If you are located in the EU or Switzerland, you have the following rights in respect to the Personal Information that we hold:

  • Right of access – the right to obtain access to your personal data;
  • Right to rectification – the right to obtain rectification of your Personal Information without undue delay where the data is inaccurate or incomplete;
  • Right to erasure – the right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the data is no longer necessary in relation to the purposes for which it was collected or processed;
  • Right to restriction – the right to restrict data processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data;
  • Right to portability – the right to portability allows you to move, copy or transfer Personal Information easily from one organization to another; and,
  • Right to object – you have a right to object to data processing based on legitimate interests and direct marketing.
  • Right to withdraw consent – you have a right to withdraw your consent to our processing your data. If you exercise this right, we may not be able to provide services to you.

If you wish to exercise one of these rights, please contact us at [email protected] and we will respond within 30 days of the request. If you request access to your personal data, we will provide all information to you by email in addition to context regarding data use. If you request erasure of your personal data, we will respond with a confirmation of erasure by email within 30 days of the request. If your request is deemed unfounded and/or excessive, under the GDPR we retain the right to refuse to respond to the request or to charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. If we refuse to respond, or charge a reasonable fee, we will provide our reasons for doing so. If you are not satisfied with the reasons, you may complain to the relevant supervisory authority, the Information Commissioners Office.

If you feel your Personal Information has been inappropriately handled, you can lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

d. Other Choices

In addition, the browser you use may provide the ability to control cookies or other types of local data storage. We does not control these choices, or default settings, which are offered by makers of your browser.

11. Changes to our privacy policy

We may change our Privacy Policy from time to time. We will update this Privacy Policy on our website, so please try to read it when you visit the website (the ‘last modified’ reference tells you when we last updated our Privacy Policy).

12. Further Information

If you have any queries about how we treat your information, the contents of this notice, your rights under local law, how to update your records or how to obtain a copy of the information that we hold about you, please email us at [email protected], subject line: “Data protection officer” in the subject header.

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