Time shall be of the essence in respect of all your obligations under these Terms.
You will promptly notify us in writing if any of the above representations and warranties shall materially change or cease to be true and correct.
A person who is not a party to the Terms has no right to enforce any of the Terms against BlockEx
In the Terms:
“Act of Insolvency” means:
“Applicable Regulations” means any laws and rules of a relevant jurisdiction and/or regulatory authority; the rules of the relevant exchange; and all other applicable laws, rules and regulations, customs, procedures, policies, directives relating to countries, markets, Exchanges, market centres, including without limitation rules relating to anti money laundering and client identification in force from time to time.
“Associate” means (in relation to a person):
“Business day” shall be construed as a reference to a day (other than a Saturday or Sunday) on which:
“Confidential Information” means information relating to trading positions, volumes, non-public trading information or other proprietary information which is made available (whether before or after these Terms are agreed) in writing, visual or machine readable form (including by fax and other forms of electronic transmission) or orally for the purpose of considering, negotiating, advising in relation to or furthering the performance of the Terms and also includes any information, analyses, compilations, notes, studies, memoranda or other documents derived from, containing or reflecting such information but excludes information which:
“Customer” means the client of BlockEx in relation to each Transaction, including the Broker’s end users;
“Customer Costs” means:
“Execution Services” means execution and transmission of orders for Transactions.
“Platform” means the internet based electronic trading platform through which we have agreed to provide digital asset trading services.
“Services” means a service provided by us, for example an internet trading service offering clients access to electronic trading facilities for digital assets ;
“Event of Default” means any of the events listed in the Terms;
“Exchange” means any exchange or multilateral trading facility relevant (as determined by BlockEx) for the purposes of the Terms, and includes its clearing house (if any);
“Indebtedness” shall be construed so as to include any obligation (whether present or future, actual or contingent, as principal or surety or otherwise) for the payment or repayment of money;
“Market” means, except where indicated otherwise, any exchange, regulated market or multilateral trading facility.
“Obligations” means obligations present or future, actual or contingent or prospective, owing or which may become owing by you to us under any Transaction or designated by us for these purposes in writing, including margin obligations;
“Party” means you or us;
“Potential Event of Default” means any event which may (with the passage of time, the giving of notice, the making of any determination or any combination of the above) become an Event of Default;
“Terms” means these terms of business including each schedule and/or additional terms notified from time to time by BlockEx in relation to Transactions via the Platform;
“Transaction” means a digital asset transaction made on the Platform or any other transaction which both Parties agree is considered a Transaction for the purposes of these Terms, and any reference in the Terms to “the Terms” includes the terms of any Transaction.
Hierarchy: Any reference to “the Terms” shall be construed as including the schedules attached to these General Terms and Conditions and all additional terms notified to you as applicable to Transactions via the Platform as the same may from time to time be amended, varied, novated or supplemented. We may from time to time send to you additional terms, including in respect of Transactions via the Platform. In the event of any conflict between these General Terms and Conditions of Business and any other contract between you and BlockEx, these Terms shall prevail.
Headings: Headings are for ease of reference only and do not form part of the Terms.
General interpretation: A reference in the Terms to a “Term”, a “Clause” or “Schedule” shall be construed as a reference to, respectively, a term, a clause or schedule of the Terms, unless the context requires otherwise. References in the Terms to any statute or statutory instrument or Applicable Regulations include any modification, amendment, extension or re-enactment thereof. A reference in the Terms to “document” shall be construed to include any electronic document.
These Privacy Terms include a Schedule of specific cases where BlockEx collects and Processes information (including Personal Data) about you. By agreeing to these Privacy Terms you explicitly consent (Opt-In) to the collection and Processing of your information in this way.
For the purpose of the Data Protection Act 1998 (“Act”), We are the data controller.
Words used in these Privacy Terms have the following meanings:
“Account” means your registered account on the Platform.
“Personal data” means any information relating to an identified or identifiable individual, regardless of the media in which it is contained, including, without limitation, name, address, e-mail, telephone number, business contact information, date of birth, social security number, credit or debit card number, bank account number, and any other unique identifier or one or more factors specific to the individual’s physical, physiological, mental, economic, cultural or social identity.
“Privacy and Data Protection Requirements” means all applicable laws, rules, regulations, directives and governmental requirements relating in any way to the privacy, confidentiality, security and protection of Personal Data, including, without limitation, (a) the EU Data Protection Directive 95/46/EC and e-Privacy Directive 2002/58/EC as amended by Directive 2009/136/EC and any relevant national implementing legislation, as well as guidance and recommendations from the competent regulators; (c) applicable laws regulating unsolicited email communications; (d) applicable laws relating to security breach notifications; (e) applicable laws imposing minimum security requirements; (f) applicable laws requiring the secure disposal of records containing certain Personal Data; (g) applicable laws regulating banking secrecy and outsourcing requirements; (h) applicable laws regulating international data transfers and/or on-soil requirements; (i) applicable laws regulating incident reporting and data breach notification requirements, including guidelines and recommendations from the competent Regulators; and/or (j) other similar applicable laws.
“Process” or “Processing”, when used in reference to information, means any operation or set of operations which is performed upon information, whether or not by automatic means such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction of such data.
BlockEx maintains a comprehensive written information security program that complies with all Privacy and Data Protection Requirements and includes technical, physical, and administrative/organizational safeguards designed to (a) ensure the security and confidentiality of Personal Data, (b) protect against any anticipated threats or hazards to the security and integrity of Personal Data, (c) protect against any actual or suspected unauthorized Processing, loss, or acquisition of any Personal Data, (d) ensure the proper disposal of Personal Data, and (e) regularly test or otherwise monitor the effectiveness of the safeguards and (f) regularly test or otherwise monitor the effectiveness of the foregoing measures.
We may collect and Process the following data about you:
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Account will be available on and through your profile on the Platform. You have the ability to disable the connection between your Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Platform. BlockEx is not responsible in any way for any of your social media content and your relationship with the third party service provider associated with your third-party accounts is governed solely by your agreement(s) with such third-party service provider.
When you visit our Platform our web server sends a cookie to your device (depending on how you access the Platform). A number of cookies we use last only for the duration of your web session and expire when you close your Platform. These are known as session cookies. Other cookies are used to remember you when you return to the Platform and will last for longer. These are known as persistent cookies.
Unless we are under a duty to disclose or share your Personal Data in order to comply with a court order or other legal or regulatory requirement, BlockEx will keep any Personal Data stored in cookies confidential and will not share it with any third party.
You can delete cookies at any time, and cookies will not collect any information when you are not accessing BlockEx’s website or mobile application. For more information about cookies and how to set your internet browser to reject cookies, visit www.allaboutcookies.org.
We use information held about you in the following ways:
• Information you give to us. We will use this information:
• Information we collect about you. BlockEx may gather basic details such as your name, email, phone number, postal address, payment method and details, products requested, and feedback records. We will use this information in conjunction with other Personal Data:
If you register, request further information or contact us we may keep a record of that correspondence and incorporate information it contains into our databases, which we will keep secure in accordance with the requirements of the Act
• Other Collection & Use of Personal data. By using the Platform you will be explicitly consenting to following Personal Data may also be collected and used for the following purposes:
We may record the type of device that you use, including the model, operating system, software, language, serial number, motion information and mobile network information. We will use this in conjunction with other information described in this statement to provide product updates and to help improve our safety features.
With your explicit consent, your telephone calls and correspondence with us may be recorded or monitored for training, quality control or other similar purposes. By communicating with BlockEx, you consent to this information being shared with us.
Access information may be gathered when you use our services, including device IP addresses, access dates and times, system activity including app malfunction or pages viewed, browser type and the third-party sites or service you were using before using our service.
The majority of mobile platforms have different permission system settings for the data that you choose to share with BlockEx If you download BlockEx applications, an iOS platform will request permission to access data and allow you to consent to or deny access. Android devices will notify you of the permissions that BlockEx wishes to obtain. Your use of BlockEx services in this instance will constitute consent.
We may share your Personal Data with any group company, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
We may disclose your Personal Data to third parties:
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be Processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the Processing of your payment details and the provision of support services. By submitting your Personal Data, you agree to this transfer, storing or Processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Privacy Terms.
To the extent BlockEx is receiving Personal data of residents of the European Economic Area or Switzerland and BlockEx will cause such data to be transferred to a third country, this will only be made pursuant to either (a) an intragroup agreement executed by and among BlockEx and its group companies, which agreement is in accordance with the Standard Contractual Clauses issued by the European Commission Directorate-General Justice pursuant to Commission Decisions C(2010)593, C(2004)5721 and 2001/497/EC or (b) BlockEx’s internal rules, after such rules are approved by the required European data protection regulators and become effective and binding on BlockEx entities.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to withdraw your consent to the Processing of your Personal Data at any time or to restrict the type or the manner in which we Process your Personal Data. We will promptly comply with your requests, subject to our legal and regulatory obligations and any pre-existing contractual obligations to you or third parties.
You have the right to ask us not to Process your Personal Data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such Processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Our Platform may, from time to time, contain links to and from our partner networks, advertisers and affiliates. If you follow a link to any of these, please note that such partners have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these other apps and sites.
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
Any changes we may make to these Privacy Terms in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to these Privacy Terms.
Questions, comments and requests regarding these Privacy Terms are welcomed and should be addressed to firstname.lastname@example.org.