📓Terms Of Service
Parties
FIXT operates the Websitehttps://finextree.com/(hereinafter referred to as 'this Website' or 'the Website'), which is a platform dedicated to the transaction of digital assets and the provision of related services (hereinafter referred to as 'the Service'). For the convenience of wording in this Agreement, the Company and the Website are referred to collectively as 'we' or other applicable forms of first person pronouns in this Agreement.
All natural persons or other subjects who log onto this Website shall be users of this Website. For the convenience of wording in this Agreement, the users are referred to as 'you' or any other applicable forms of the second-person pronouns.
For the convenience of wording in this Agreement, you and we are collectively referred to as “both parties”, and individually as “one party”.
Purposes of the Privacy Policy
The Privacy Policy stipulates the types of information of yours that we may collect through your log into this Website, your registration with this Website, and/or use the services we offer, as well as how we shall use and protect the information so collected.
Personal Information We Collect
Overview
Personal information typically means information that identifies or is reasonably capable of identifying an individual, directly or indirectly, and information that relates to, describes, is reasonably capable of being associated with or could reasonably be linked to an identified or reasonably identifiable individual. For the purposes of this Privacy Policy, only the definition of personal information from the applicable law of your legal residence will apply to you and be deemed your “Personal Information.”A. Personal Information we collect from you
We may collect the following categories of Personal Information directly from you:
Identification Information, such as name, email, phone number, postal address, and/or government-issued identity documents;
Commercial Information, such as trading activity, order activity, deposits, withdrawals, account balances;
Financial Information, such as bank account information, routing number;
Correspondence, such as information that you provide to us in correspondence, including account opening and customer support;
Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information, such as images and videos collected for identity verification, audio recordings left on answering machines;
Biometric Information, such as scans of your face geometry extracted from identity documents;
Professional or Employment-related Information, such as job title, source of wealth; and
Institutional Information, such as for institutional customers, we may collect additional information, including: institution’s legal name, Employer Identification Number (“EIN”) or any comparable identification number issued by a government, and proof of legal existence (which may include articles of incorporation, certificate of formation, business license, trust instrument, or other comparable legal document).
Sensitive Personal Information, such as government-issued identification numbers (which may include Social Security Number or equivalent, driver’s license number, passport number).
B. Personal Information we collect automatically
We may collect the following categories of Personal Information automatically through your use of our services:
Online Identifiers, such as IP address; domain name;
Device Information, such as hardware, operating system, browser, screen size; and
Usage Data, such as system activity, internal and external information related to FIXT pages that you visit, clickstream information
Our automatic collection of Personal Information may involve the use of Cookies, described in greater detail below.C. Personal Information we collect from third parties
We may collect and/or verify the following categories of Personal Information about you from Third Parties:
Identification Information, such as name, email, phone number, postal address; ****
Financial Information, such as bank account information, routing number;
Transaction Information, such as public blockchain data (bitcoin, ether, and other Digital Assets are not truly anonymous.
We, and any others who can match your public Digital Asset address to other Personal Information about you, may be able to identify you from a blockchain transaction because, in some circumstances, Personal Information published on a blockchain (such as your Digital Asset address and IP address) can be correlated with Personal Information that we and others may have. Furthermore, by using data analysis techniques on a given blockchain, it may be possible to identify other Personal Information about you;
Credit and Fraud Information, such as credit investigation, credit eligibility, identity or account verification, fraud detection, or as may otherwise be required by applicable law;
Sensitive Personal Information, such as government identification numbers (which may include Social Security Number or equivalent, driver’s license number, passport number); and
Additional Information, as permitted by law or required to comply with legal obligations, which may include criminal records or alleged criminal activity, or information about any person or corporation with whom you have had, currently have, or may have a financial relationship.
Personal Information you provide during the registration process may be retained, even if your registration is left incomplete or abandoned.
How We Use Your Personal Information
The Personal Information we collect and the practices described above are done in an effort to provide you with the best experience possible, protect you from risks related to improper use and fraud, and help us maintain and improve FIXT. We may use your Personal Information to:
A. Provide you with our services. We use your Personal Information to provide you with our services pursuant to the terms of our User Agreement. For example, in order to facilitate fiat transfers into and out of your account, we need to know your financial information.
B. Comply with legal and regulatory requirements. We process your Personal Information as required by applicable laws and regulations. For example, we have identity verification requirements to fulfill our obligations under the anti-money laundering laws of numerous jurisdictions and, as such, we may use an image of an identity document that you provide to help us verify that you are the true owner of the identity document and that the document does not show signs of fraud.
C. Detect and prevent fraud. We process your Personal Information to detect and prevent fraud on your account, which is especially important given the irreversible nature of cryptocurrency transactions.
D. Protect the security and integrity of our services. We use your Personal Information to further our security-first mentality. Maintaining the security of your account and the Exchange requires us to process your Personal Information, including information about your device and your activity on the Exchange, and other relevant information.
E. Provide you with customer support. We process your Personal Information anytime that you reach out to our Customer Support team, such as when there are issues arising from your account.
F. Optimize and enhance our services. We use your Personal Information to understand how our products and Services are being used to help us improve our Services and develop new products.
G. Market our products to you. We may contact you with information about our products and services that we believe may be of interest to you. You may use tools that we provide to opt out of marketing communications from us at any time.
H. With your consent. We may use your Personal Information for additional purposes with your consent.
I. Other business purposes. We may use your Personal Information for additional purposes in the operation of our business, that would be reasonably expected based on context, and as permitted by law or required to comply with our legal obligations.
How We Share Your Personal Information
We will not share your Personal Information with third parties, except as described below:
A. Service Providers. We may share your Personal Information with third-party service providers for business or commercial purposes. Your Personal Information may be shared so that they can provide us with services, including identity verification, fraud detection and prevention, credit verification, security threat detection, payment processing, customer support, data analytics, Information Technology, advertising, marketing, data processing, network infrastructure, storage, transaction monitoring, and tax reporting. We share your Personal Information with these service providers only so that they can provide us with services, and we prohibit our service providers from using or disclosing your Personal Information for any other purpose. Our third-party service providers are subject to strict confidentiality obligations.
B. Affiliates. We may share your Personal Information with our affiliates for the purposes outlined above, and as it is necessary to provide you with our Services.
C. Legal Obligations. We may be required or in good faith and in our sole discretion believe it is necessary to share your Personal Information with law enforcement, government agencies, regulators or third parties to comply with legal or regulatory requirements, or to preserve our rights or to protect against fraud or other illegal activity.
D. Corporate Transactions. We may disclose Personal Information in the event of a proposed or consummated merger, acquisition, reorganization, asset sale, or similar corporate transaction, or in the event of a bankruptcy or dissolution.
E. Professional Advisors. We may share your Personal Information with our professional advisors, including legal, accounting, or other consulting services for purposes of audits or to comply with our legal obligations.
F. Consent. We may share or disclose your information with your consent.
G. Other business purposes. We may share or disclose your Personal Information for other business purposes as permitted by law.
If we decide to modify the purposes for which your Personal Information is collected, used, or shared, or our practices relating to your Personal Information, we will amend this Privacy Policy as described below.
Disclaimers
All forms of investments carry risks, including the risk of losing all of the invested amount. Such activities may not be suitable for everyone.This is an overseas investment. As overseas investments carry additional financial, regulatory and legal risks, investors are advised to do the necessary checks and research on the investment beforehand.
RISK WARNING
As with any asset, the value of Digital Assets can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in Digital Assets. You should therefore consider whether trading or holding Digital Assets is suitable for you in light of your financial circumstances.
Further information on the risks associated with using the FIXT Services is set out in our Risk Warning, which may be updated from time to time. You should read the Risk Warning carefully, however it does not explain all of the risks that may arise, or how such risks relate to your personal circumstances.
It is important that you fully understand the risks involved before making a decision to use the FIXT Services.
Liability
Our Liability. Our liability, and the liability of the FIXT Affiliates, to you or any third parties in any circumstance is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by our breach of these terms, and shall in no event exceed the amount of fees paid by you to FIXT in the 12 months preceding the event giving rise to the Loss. Such sum shall be paid by us to you in full and final settlement and satisfaction of ours and any FIXT Affiliate’s entire liability for any and all losses and claims, howsoever arising, from the relevant breach. You acknowledge and agree that neither FIXT or any FIXT Affiliate is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.
Limitations on liability. Notwithstanding any other clause in these Terms, in no event will we or any FIXT Affiliate be responsible or liable to you or any other person or entity for:
any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs arising out of or in connection with these Terms, including but not limited to:
any risk identified in the Risk Warning, as updated from time to time;
the operation of the protocols underlying any Digital Asset, their functionality, security, or availability
whether Backed Digital Assets hold their value as against any asset, or if the issuer of the Backed Digital Asset holds sufficient reserves in relation to any Backed Digital Asset
any action or inaction in accordance with these Terms
any inaccuracy, defect or omission of Digital Assets price data, any error or delay in the transmission of such data, and interruption in any such data
regular or unscheduled maintenance we carry out including any service interruption and change resulting from such maintenance
the theft of a device enabled to access and use FIXT Services
other users’ actions, omissions or breaches of these Terms, and any damage caused by actions of any other third parties
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
in the event that your hardware fails, is damaged or destroyed or any records or data stored on your hardware are corrupted or lost for any reason
for your use of the internet to connect to the FIXT Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced
any termination, suspension, hold or restriction of access to any FIXT Account or FIXT Services, including your inability to withdraw Digital Assets, issue Instructions or enter into Transactions during the period of any suspension, hold or restriction, in accordance with these Terms or any Product Terms
us being unable to contact you using the contact information you provided
our reliance on any Instruction sent from your FIXT Account, or the Email Accounts
our refusal or delay in acting upon any Instruction
any breach of security of your Email Account or a Security Breach
losses caused to you by third party fraud or scams that involve FIXT only as the recipient of your Fiat Currency or Digital Assets, and/or the conversion of Fiat Currency to Digital Assets, and/or the transfer of Digital Assets away from our platform at your request
any losses arising or in connection with new offerings of Digital Assets, initial coin offerings (ICOs), or the decision to list or not list Digital Assets on the Platform
the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the FIXT Services or for delays or omissions of the FIXT Services, or for the failure of any connection or communication service to provide or maintain your access to the FIXT Services, or for any interruption in or disruption of your access or any erroneous communications between us, regardless of cause
any Transactions, Instructions, or operations effected by you or purported to be effected by you through your Email Account or FIXT Account
any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with our Sites, the Platform, your FIXT Account, the FIXT Services, these Terms, the Product Terms, the Privacy Notice and/or any agreement entered into pursuant to, or in connection with, these Terms or otherwise
Incorrect profit amount due to system defect
When a system defect is confirmed, the amount resulting from the problem may be recovered without notice.
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