Terms of Use of TradingMotion Website and Privacy Policy
1. OBJECT.
The present General Conditions (hereinafter the General Conditions) regulate the conditions of use of TradingMotion online tools, in the address www.tradingmotion.com (hereinafter the WEBSITE), or embedded as a white label in websites of banks or brokers offering TradingMotion products to its customers (hereinafter LABELS), which in every case the holder is Trading Motion SL (hereinafter TRADINGMOTION), established in Madrid, Paseo Castellana 93, 10th floor.
The main activity of TRADINGMOTION is the development of technology to execute transactions in financial markets. In some cases the technology can be commercialized as an Information Technology service to financial institutions, and in other cases can serve as a means to obtain customers for financial institutions where TRADINGMOTION is an agent.
The mere use of the WEBSITE, attributes to anyone who uses it the status of User (USER onwards), who acknowledges and accepts without reservation or exception, every one of the General Conditions set out herein.
2. LAW AND APPLICABLE JURISDICTION.
In general, relationship between TRADINGMOTION and their customers, resulting from the provision of the services contained on this WEBSITE, are subject to Spanish legislation and jurisdiction.
3. USER RIGHTS AND OBLIGATIONS.
Through the address set in www.tradingmotion.com or any of its BRANDS, any user can access the information on the WEBSITE.
The conditions of access to the WEBSITE are subject to the laws in force at all times and to the principles of good faith and lawful use by the USER, expressly and specifically prohibiting any action that may undermine or damage the website or third parties.
The User commits to make proper, diligent, honest and correct use of any information or content accessed either through the TRADINGMOTION website, or others previously provided by TRADINGMOTION, and all under the principles of good faith and respecting the law at all times.
4. TRADINGMOTION RIGHTS AND OBLIGATIONS.
TRADINGMOTION is solely liable for the services provided by it and its contents directly originated by the web and identified with the corresponding copyright.
TRADINGMOTION is committed to the adoption of means and measures necessary to ensure the safety and privacy in communications.
TRADINGMOTION is not liable for any damage that may be caused to the customer or a third party as a result of interferences, omissions, interruptions, or disconnections in the operation and access to the Internet, or any failure in the network or computer or telematic systems used.
TRADINGMOTION is not responsible for:
i) delays in the execution of queries and/or operations that originate as a cause of fails, overloads or deficiencies of the Network;
ii) damages the client may suffer as a result of errors in information from suppliers other than TRADINGMOTION even if it has been received by the service governed by this User Agreement;
iii) damages that may be caused by illegal interference of third parties and so-called computer viruses.
5. TRADINGMOTION PLATFORM USE UNDER A WHITE LABEL
TRADINGMOTION provides Financial Institutions a platform (hereinafter PLATFORM) for procurement and execution of Automated Trading Systems (hereinafter ATS), which can be offered by these entities to their own customers (hereinafter END USER).
An ATS is defined as a set of rules that have been programmed to process real-time data broadcast by the markets, making mathematical calculations on them, and generating buy and sell signals for financial instruments.
TRADINGMOTION provides through its PLATFORM an execution service for automated trading systems. This means that the END USER may instruct through the PLATFORM that his account is to be automatically operated following the buy and sell signals generated by one or more ATS.
The instructions the client may give through the platform are:
- Activation of an ATS
- Change the multiplier of an ATS
- Disabling an ATS
The conditions of use of these three functions, although they can be provided in an Internet domain owned by TRADINGMOTION (eg http://financialentity.tradingmotion.com), are regulated directly between the financial entity and the END USER.
6. INTELLECTUAL PROPERTY.
The customer expressly acknowledges that the intellectual property of the domain, trademark, information and data contained in this service, or those it can connect to, are exclusively property of TRADINGMOTION. TRADINGMOTION reserves the rights of reproduction, modification, adaptation, maintenance, correction, transfer, sale, rental, lending and any other rights of intellectual property available on the contents of the service applications.
The pages able to connect through TRADINGMOTION service may not be copied, modified or altered, nor may these pages be associated to other Internet sites, Infovía or telematics service or similar system.
7. SAFETY.
Access to transactional services and those which involve capturing personal data are held in a secure environment using a high level of protection for customer data.
8. PRIVACY POLICY.
The treatment of the data provided voluntarily via this website conforms to the standards established by the Spanish Agency for Data Protection, and the provisions of the Law of Services of the Information Society and Electronic Commerce.
DATA PROTECTION
In compliance with the provisions of Law 15/1999 on Protection of Personal Data, we inform you that the personal information you voluntarily provide to us via the e-mail address, mailing address, or Web forms, will be added to a file of TRADINGMOTION responsibility.
Furthermore, you expressly authorize TRADINGMOTION the processing of this data, in order to contact you by your request, or for the management and performance of the obligations of the services requested by you. TRADINGMOTION may transfer your contact information to the developers of the systems that you have activated and commercial agents of entities where TRADINGMOTION platform is marketed as BRANDS.
TRADINGMOTION is not responsible for the accuracy of the information provided by you, for which you are responsible.
We inform that TRADINGMOTION has security measures applied under RD 1720/2007 "Regulation of security measures" dependent on the levels of the data in its files.
Exercise your rights: You may exercise your rights of access, rectification, cancellation and opposition regarding the personal data contained in the mentioned file by addressing its holder at the address indicated. TRADINGMOTION SL, Paseo de la Castellana 93, 10th Floor, 28046 Madrid, or by sending an e-mail to the following address: soporte@tradingmotion.com.