Company Terms and Conditions

General Terms and Conditions
These Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the legal
relationship between Sunset Horizon LLC operating the global brand Obynex with company No.
L 22994 and registered at the Lighthouse Trust Nevis Ltd, Suite 1, A.L. Evelyn Ltd Building,
Main Street, Charlestown, Nevis (hereinafter referred to as the “Company”), and the user (a
natural or legal entity) (hereinafter referred to as the “Client”) of obynexbroker.com (hereinafter
referred as the “Website”).


1. The Client confirms that he/she has read, understood and accepted all information,
conditions and terms set out on the Website which are open to be reviewed and can be
examined by the public and which include important legal Information.

2. By accepting this Agreement, the Client agrees and irrevocably accepts the terms and
conditions contained in this Agreement, its annexes and/or appendices as well as other
documentation/information published on the Website, including without limitation the
Privacy Policy, Payment Policy, Withdrawal Policy, Code of Conduct, Order Execution
Policy and Anti-Money Laundering Policy. The Client accepts this Agreement by
registering an Account on the Website and depositing funds. By accepting the
Agreement, and subject to the Company’s final approval, the Client enters into a legal
and binding agreement with the Company.

3. The terms of this Agreement shall be considered accepted unconditionally by the Client
upon the Company’s receipt of an advance payment made by the Client. As soon as the
Company receives the Client's advance payment, every operation made by the Client on
the Trading Platform shall be subject to the terms of this Agreement and other
documentation/information on the Website.

4. The Client hereby acknowledges that each and any Operation, activity, transaction, order
and/or communication performed by him/her on the Trading Platform, including without
limitation through the Account, and the Website, shall be governed by and/or must be
executed in accordance with the terms and conditions of this Agreement and other
documentation/information on the Website.

5. By accepting this current agreement, the Client confirms that he/she is able to receive
information, including amendments to the present Agreement, either via email or through
the Website.


1. Terms


1. Account – means a unique personified account registered in the name of the Client and
which contains all the Client’s transactions/ operations on the Trading Platform (as
defined below) of the Company.

2. Ask – means the higher price in a quote. The price the Client may buy at.

3. Bid – means the lower price in a quote. The price the Client may sell at.

4. Binary Options and/or All or Nothing Options and/or Turbo Options – means
financial instruments where a prediction is made on the direction of the price movement
of an asset at a certain period of the day. The payout is pre-determined as a fixed
amount whether the option expires in the money or if the option expires out of the
money.

5. CFD (contract for difference) – means a tradable contract entered into between the
Client and the Company, who exchange the difference in the value of an Instrument, as
specified on the Trading Platform at the time of opening a Transaction, and the value of
that Instrument at the contract’s end.

6. Digital Option Contract – means a type of derivative instrument where the Client earns
a payout if they correctly predict the price movement of the underlying asset at the time
of the option’s expiry. The prediction can be made as to whether the value of the
underlying asset will fall above or below the strike price at the time of expiration. Should
the option expire at the selected strike price, it will be considered to expire out-of-the
money and will result in the loss of the invested amount.

7. Execution – means the execution of Client order(s) by the Company acting as the
Client's counterparty as per the terms of the present agreement.

8. Financial Instruments – means the Financial Instruments as per paragraph 2.4 below
that are available on the Company’s Trading Platform.

9. KYC documents – means the documents to be provided by the Client, including without
limitation a copy of the passport or ID and utility bill of the Client, in case it is a natural
person and/or certificates showing the management and ownership going all the way up
to the ultimate beneficial owner, in case it is a legal entity, and any other documents the
Company may request upon its sole discretion.

10. Market – means the market on which the Financial Instruments are subject to and/or
traded on, whether this market is organized / regulated or not and whether it is in the
relevant jurisdiction or abroad.

11. Market Maker – means a company which provides BID and ASK prices for financial
instruments.

12. Operations – means actions performed at the Client’s Account, following an order
placed by the Client, connected with but not limited to crediting of funds, return of funds,
opening and closing of trade transactions/positions and/or that relate to financial
instruments.

13. Prices – means the prices offered to the Client for each transaction, which may be
changed without prior notice. Where this is relevant, the “Prices” given through the
Trading Platform include the Spread (see definition below).

14. Services – means the services described in section 2 of this Agreement through the
Trading Platform.

15. Spread – means the difference between the purchase price Ask (rate) and the sale price
Bid (rate) at the same moment. For avoidance of doubt, a predefined spread is for the
purposes of this Agreement assimilated commission.

16. Trading Platform – means an electronic system on the internet that consists of all
programs and technology that present quotes in real-time, allow the
placement/modification/deletion of orders and calculate all mutual obligations of the
Client and the Company.

17. Introducing Broker – means any person (natural person or a legal entity) who wishes to
refer Clients to the Company and has entered into an Introducing Broker Agreement and
has successfully opened an IB Account (as defined in the Introducing Broker
Agreement).

18. Serviced Countries - means any country available for registration on the Company's
Website


2. Subject of the Agreement and Services


1. The subject of the Agreement shall be the provision of Services to the Client by the
Company under the Agreement and through the Trading Platform.

2. The Company shall carry out all transactions as provided in this Agreement on an
execution-only basis, neither managing the account nor advising the Client. The
Company is entitled to execute transactions requested by the Client as provided in this
Agreement, even if the transaction is not beneficial for the Client. The Company is under
no obligation, unless otherwise agreed in this Agreement and/or other
documentation/information on the Website, to monitor or advise the Client on the status
of any transaction, to make margin calls, or to close out any of the Client’s open
positions. Unless otherwise specifically agreed, the Company is not obligated to make
an attempt to execute the Client’s order using quotes more favorable than those offered
through the Trading Platform.

3. The Investment and Ancillary Services which the Company should provide under the
terms of the Agreement are stated below, and the Company will provide them in its
capacity as a market maker under the terms of this Agreement. In addition, the Company
may, at its sole discretion without providing prior notice to the Client, decide to transmit
orders and/or be an intermediary for Clients’ transactions. The Services that the
Company provides in relation to one or more Financial Instruments are the following (the
list below shall not be regarded as exhaustive):

1. Investment services

i. Reception and transmission of orders in relation to one or more Financial
Instruments.
ii. Execution of the orders on behalf of the Clients.
iii. Dealing on Own Account.

2. Ancillary Services
i. Safekeeping and administration of the Financial Instruments for the
Client’s Trading Account, including custodianship and related services
such as cash/collateral management.
ii. Granting credits or loans to one or more financial instruments, where the
firm granting the credit or loan is involved in the transaction.
iii. Foreign exchange services where these are connected to the provision of
the Investment Services.
The Company does not provide investment, tax or trading advice unless
specified as such between the Client and the Company in a separate
agreement. Our services include ‘execution only’ meaning that the
Company will act on your instructions and will not advise you on any
transaction, nor will we monitor your trading decisions to determine if they
are appropriate for you or to help you avoid losses. You should obtain
your own financial, legal, taxation and other professional advice.
3. Financial Instruments (the list below shall not be regarded as exhaustive):
i. Option contracts (i.e. Digital Options and/or Binary Options) in stocks,
commodities, indices and currency pairs;
ii. Financial Contracts for Difference (CFDs) in stocks, currency pairs (FX),
commodities, ETFs, indices and CFDs in cryptocurrencies;
Trading in CFDs and other derivatives does not give you any right,
voting right, title or interest in the underlying instrument of the
Transaction. You understand that you are not entitled to take
delivery and are not entitled to ownership of any underlying
instrument. CFDs and other derivatives are not traded on a
regulated exchange and are not cleared on a central
clearinghouse. These exchange and clearinghouse rules and
protections do not apply. The Company reserves the right to, at its
sole discretion and for all CFD products, impose the following
expiration times: daily/weekly/monthly and/or no expiration at all.
3. General Provisions
1. Subject to the provisions of this Agreement, the Company agrees to provide the Client
with the Services subject to the Client:
a. Being of age of maturity in accordance with the jurisdiction he/she resides in or is
a resident of, is of legal competence and of sound mind.
b. Not residing in any country where distribution or provision of the financial
products or services offered by the Company would be contrary to local laws or
regulations. It is the Client’s responsibility to ascertain the terms of and comply
with any local laws or regulations to which they are subject.
c. Not being a citizen of USA/territories of the US, North Korea, Palestine, Vatican
and/or a resident of either the USA/territories of the US, Canada, Afghanistan,
Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic
of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Iran, Israel, Japan, Mali,
Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, the Russian
Federation, the United Kingdom, Ukraine, Vatican,any country of the European
Economic Area and/or other non-serviced countries.
2. The Company will offer Services to the Client at the absolute discretion of the Company,
subject to the provisions of this Agreement.
3. The Client is prohibited and shall not, under no circumstances, be allowed to execute
any transactions/Operations on the Trading Platform, Website and/or through his/her
Account, that would, as a result, exceed the total balance and/or amount of money
deposited/maintained with his/her Account. Such deposited amounts shall be considered
to have been provided as collateral, either in the form of a lien or otherwise, to the
Company by the Client by which the obligation of the Client to pay any money to the
Company is secured.
4. The Company shall facilitate the execution of trade activities/orders and/or transactions
of the Client, but the Client hereby acknowledges and accepts that the Company shall
not at any time provide any trust services and/or trading consultation or advisory
services to the Client.
5. The Company shall process all transactions/Operations of the Client in accordance with
the terms and conditions of this Agreement and on an execution-only basis. The
Company shall not manage the Client’s Account nor advise the Client in any way.
6. The Company shall process the orders/transactions requested by the Client under this
Agreement, irrespective of whether such orders/transactions may result in not being
beneficial for the Client. The Company is under no obligation, unless otherwise agreed in
this Agreement and/or other documentation/information on the Website, to monitor or
advise the Client on the status of any transaction/order, to make margin calls to the
Client, or to close out any of the Client’s open positions. Unless otherwise specifically
agreed, the Company is not obligated to process or attempt to process the Client’s
order/transaction using quotes more favorable than those offered through the Trading
Platform.
7. The Company shall not be financially liable for any operations conducted by the Client
through the Account and/or on the Trading Platform.
8. Each Client shall be the only authorized user of the Company’s services and of the
corresponding Account. The Client is granted an exclusive and non-assignable right to
the use of and to access the Account, and it is his/her responsibility to ensure that no
other third party, including, without limitation, to any next of kin and/or to members of
his/her immediate family, shall gain access to and/or trade through the Account assigned
to her/him.
9. The Client shall be liable for all orders given through his security information, and any
orders received in this manner by the Company shall be considered to have been given
by the Client. So long as any order is submitted through the Account of a Client, the
Company shall reasonably assume that such orders are submitted by the Client and the
Company shall not be under any obligation to investigate further into the matter. The
Company shall not be liable to and/or does not maintain any legal relations with any third
party other than the Client.
10. If the Client acts on behalf of any third party and/or on behalf of any third party’s name,
the Company shall not accept this person as a Client and shall not be liable before this
person, regardless if such person was identified or not.
11. The Client has the right to cancel his order given to the Company within 3 seconds after
the moment of giving such order to the Company (hereinafter referred to as the
“Cancellation”). The client agrees and understands that the three seconds cancellation
option offered by the Company is applicable and available for the client as long as the
price remains unchanged. Three seconds from the moment of giving the order to the
Company by the Client via the platform, the Company may (but is not obliged to) offer to
buyout the option from the Client and the Client has the right to agree to such offer
(hereinafter referred to as the “Buyout”). The Client is entitled to use such Cancellation
or Buyout option subject to the conditions specified on the platform. Such conditions can
also include the fee charged by the Company. Such a fee is specified on the platform.
The Company is obliged to provide all necessary information as to the conditions of
Cancellation and Buyout, their cost, etc. The Client acknowledges and agrees that the
provision of such information on the platform is sufficient. The Client acknowledges and
agrees that the use of Cancellation or Buyout is very risky to the Client as long as the
cost of Cancellation and/or Buyout depends on the market situation. The Client
acknowledges and agrees that he bears all the risks associated with the use of
Cancellation and/or Buyout.
12. The Client is entitled to use such Cancellation or Buyout option subject to the conditions
specified on the Trading Platform/Website, including without limitation to any fee to be
charged by the Company. The Company shall be obliged to provide all necessary
information as to the conditions of Cancellation and Buyout, including any applicable
costs, etc. The Client acknowledges, accepts and agrees that the provision of such
information on the Trading Platform is sufficient. The Client acknowledges, accepts and
agrees that the use of Cancellation or Buyout option entails large risks for the Client,
especially in the case where the costs associated with Cancellation and/or Buyout,
depend on the market situation. The Client acknowledges, accepts and agrees that
he/she shall bear all risks associated with the use of the Cancellation and/or Buyout
option.
13. It is understood and agreed by the Client that the Company may from time to time, at its
sole discretion, utilize a third party to hold the Client’s funds and/or for the purpose of
receiving payment execution services. These funds will be held in segregated accounts
from such third party’s own funds and will not affect the rights of the Client to such funds.
14. The Company offers internal live chats where clients can share inter alia their trading
ideas and/or express their general thoughts. The client acknowledges and agrees that
the Company’s live chat feature is not and will not constitute a valid and/or accurate
information and/or information addressed to the clients/potential clients and/or in any
way information that is controlled by the Company and/or investment advice, as it is
merely a feature allowing clients to inter alia express their thoughts and ideas between
themselves.
15. Provision of investment advice shall only be carried out by the Company subject to a
separate written agreement with the Client and after assessing the Client’s personal
circumstances. Unless such written agreement has been entered into between the Client
and the Company, the provision of reports, news, opinions, price movement alerts as
displayed in the Company’s trading platform and any other information by the Company
to the Client does not constitute investment advice or investment research.
4. Execution of Orders / Electronic Trading
1. By accepting this Agreement, the Client accepts that he has read and understood all the
provisions of this Agreement and related information on the Website. The Client accepts
and understands that some orders shall be executed by the Company as the
counterparty of the transaction in its capacity of Market Maker and shall act as a
principal and not as an agent on the Client’s behalf for the purpose of the Execution of
orders. The Client is informed that Conflicts of Interest may arise because of this model.
Moreover, the Client further accepts that the Company may transmit some orders and
act as an intermediary for Clients’ transactions. Reception of the order by the Company
shall not constitute acceptance, and acceptance shall only be constituted by the
execution of the order by the Company.
2. The Company shall be obliged to execute the Client's orders sequentially and promptly.
3. The Client acknowledges and accepts a) the risk of mistakes or misinterpretations in the
orders sent through the Trading Platform due to technical or mechanical failures of such
electronic means, b) the risk of any delays or other problems as well as c) the risk that
the orders may be placed by persons unauthorized to use and/or access the Account,
and the Client agrees to indemnify the Company in full for any loss incurred as a result of
acting in accordance with such orders.
4. The Client accepts that during the reception and transmission of his/her order, the
Company shall have no responsibility as to its content and/or to the identity of the person
placing the order, except where there is gross negligence, willful default or fraud by the
Company.
5. The Client acknowledges that the Company will not take action based on the orders
transmitted to the Company for execution by electronic means other than those orders
transmitted using the predetermined electronic means such as the Trading Platform, and
the Company shall have no liability towards the Client for failing to take action based on
such orders.
6. The Client acknowledges and agrees that the Company shall bear no responsibility for
any financial losses and/or technical issues which may arise in the event that an external
trading bot is used when trading; the Client shall use the bot at their own risk;
7. The client acknowledges and agrees that any products or services that may be offered
by the Company may not always be available for purchasing or use for trading purposes,
and it is in the Company's absolute discretion whether it will make these products
available or not to the clients at any time. The Company shall bear no liability, monetary
or otherwise, in relation to this section, including without limitation to not making
available any product at any given time.
8. The client agrees and understands the following in consideration of the below corporate
actions:
a. Where it is publicly available that a specific Company has filled and/or is in the
process of filing for Chapter 11 under US bankruptcy law and/or an equivalent to
Chapter 11 corporate action related to bankruptcy and/or bankruptcy law under
any national legislation/regulations, the Company reserves the right to close any
and all relevant positions in regard to the asset(s) of such Company and suspend
the related asset(s); the client’s position(s) held in the referred asset(s) will be
closed by the Company with the last available price on the platform and the client
will receive a prior notice on this matter. It should be noted that the Company will
not be held liable for any losses incurred to the client in relation to the aforesaid
closure of the position(s) and/or the suspension of the asset(s).
b. In circumstances where the underlying asset offered by the Company might be
subject to split and/or reverse split, the Company may decide to close the client’s
position(s) held in the referred asset with the last available price on the platform
prior to the occurrence of the split and/or reverse split event and the client will
receive a notification in this regard.
9. The Client acknowledges that the Company will have the right, at any time and for any
reason and without justification, at its sole discretion, to refuse to execute orders,
including, without limitation, in the following circumstances:
a. If the execution of the order aims or may aim to manipulate the market price of
the financial instruments (market manipulation);
b. If the execution of the order constitutes or may constitute abusive exploitation of
confidential information (insider trading);
c. If the execution of the order contributes or may contribute to the legalization of
the proceeds of illegal activities (money laundering);
d. If the Client has insufficient funds to cover the purchase of financial instruments
or if there is an insufficient number of financial instruments to cover their sale;
e. If the Client fails to fulfill any of his/her obligations towards the Company under
this Agreement;
f. The Company’s own exposure levels as set out in the Company’s internal
policies have been reached in respect of the Financial Instrument or the
underlying asset of the Financial Instrument the Client wishes to buy/sell. In this
event, the Company reserves the right to limit the size of trades and/or
transactions;
g. If the Client is currently, or at any time becomes, a U.S. Reportable Person, a
citizen of North Korea, Palestine, or Vatican City, or a resident of the United
States, its territories, or any of the following countries or regions: Canada,
Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba,
Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Iran,
Israel, Japan, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan,
Syria, the Russian Federation, the United Kingdom, Ukraine, Vatican City, any
member country of the European Economic Area (EEA), or any other jurisdiction
deemed non-serviced.
10. The Client acknowledges that, at its own discretion, under certain market conditions
and/or depending on the availability of the underlying asset on the relevant market, the
Company may have to close all or a part of the Client’s positions. Including but not
limited to positions where it has reached or surpassed internal exposure levels and/or
where for any reason the underlying asset is unavailable on the relevant market. The
Company undertakes to provide prior notification to the Client in case a position will be
liquidated by the Company.
11. Any such refusal by the Company shall not affect any obligation, which the Client may
have towards the Company.
5. Limitation of Liability
1. The Company does not guarantee uninterrupted service, safe and errors-free, and
immunity from unauthorized access to the trading sites' servers nor disruptions caused
from damages, malfunctions or failures in hardware, software, communications and
systems in the Client's computers and in the Company's suppliers.
2. Supplying services by the Company depends, inter alia, on third parties and the
Company bears no responsibility for any actions or omissions of third parties and bears
no responsibility for any damage and/or loss and/or expense caused to the Client and/or
third party as a result of and/or in relation to any aforesaid action or omission.
3. The Company will bear no responsibility for any damage of any kind allegedly caused to
the Client, which involves force majeure or any such event that the Company has no
control of and which has influenced the accessibility of its trading site.
4. Under no circumstances will the Company or its Agent(s) hold responsibility for direct or
indirect damages of any kind, even if the Company or its Agent(s) had been notified of
the possibility of aforesaid damages.
5. In case a Client registers an Account through an Introducing Broker, referring agents, or
other third parties, it is hereby agreed as follows:
● The Company shall not be responsible or liable for any agreement or
arrangement that may exist between the Client and these persons, or for any
additional costs that may arise as a result of such agreement;
● The Introducing Broker and/or referring agents are not representatives or agents
of the Company, and they do not act on behalf of the Company. In this respect,
they are not authorized to provide any guarantees or any promises regarding the
Company or its services nor provide advice or personal recommendations to the
Client regarding the Client’s Account and/or transactions and the Company shall
accept no responsibility whatsoever for any such advice or recommendations.
6. Settlement of Transactions
1. The Company shall proceed to a settlement of all transactions upon execution of such
transactions.
2. An online statement of Account will be available for printing to the Client on the Trading
Platform of the Company, at all times.
7. Rights, Obligations and Guarantees of the Parties
1. The Client shall be entitled to:
a. Submit with the Company any order requesting the execution of a
transaction/Operation on the Website in accordance with and subject to the terms
and conditions of this Agreement;
b. Request withdrawal of any amounts subject and in accordance with the
Withdrawal Policy, and provided that the Company has no claims against the
Client and/or the Client does not have any outstanding debts to the Company;
c. In the event that the Client has any alleged complaint against the Company
and/or there is any dispute between the Client and the Company, then the Client
can submit his/her complaint, to include all relevant particulars and details, to the
Company at complaints@obynexbroker.com. The Company shall acknowledge
receipt of any such complaint, initiate an internal investigation of the matter and
shall respond to the Client within a reasonable amount of time (i.e. within 3
months from the date of acknowledging receipt of the complaint). The Company
may extend this timeframe if deemed necessary, and in such case, the Company
shall notify the Client accordingly.
d. Unilaterally terminate the Agreement provided that there is no debt outstanding
from the Client to the Company and such termination is made in accordance with
section 16 herein.
2. The Client:
a. Acknowledges that the Account shall be activated upon the deposit of
funds/advance payment into the Account.
b. Warrants that he/she shall at all times be compliant with and honor all terms and
conditions of this Agreement.
c. Warrants that he/she shall ensure that at all times the username and password
issued by the Company in relation to the use of the Service(s) and the Account,
will only be used by him/her and will not be disclosed to any other person;
d. Shall be liable for all orders submitted through his/her security information, and
any orders received in this manner by the Company shall be considered to have
been given by the Client;
e. Hereby accepts the risk of orders placed by unauthorized persons and/or trading
account used by someone without the client’s permission (hereinafter collectively
referred to as ‘’unauthorized access’’ or “hacked account”) and agrees to
indemnify the Company in full for any and all losses, costs and expenses derived
as a result. In this case, the client further agrees and accepts the following:
i. The client shall notify the Company immediately regarding unauthorized
access to his/her trading account;
ii. The Company shall be entitled to block immediately the client’s trading
account and increase the processing time and/or cancel withdraw
requests without prior notification to the Client, and the client will not be
entitled to any profits made during the time the account was unauthorized
accessed;
iii. The client shall provide the Company with any information and/or
documents deemed necessary in order to unblock the trading account.
f. Hereby acknowledges that frequent access and logins to the Account via
different IP addresses from different countries and/or via the use of VPN is an
indication that shall reasonably lead the Company to believe that section 15.4.XI
has been breached.
g. Confirms that any trading strategies and/or investment decisions and/or any
activities performed by him/her through his/her Account and on the Trading
Platform are made having in mind/considered/being aware of all risks involved
and solely on the basis of his/her knowledge and upon his/her sole discretion.
h. Warrants that he/she shall take all necessary steps and action in order not to
disclose any confidential information of the Company, which the Company shall
disclose to and/or make available to the Client from time to time.
i. Accepts any risk, including without limitation any risk of financial loss, that arises
from unauthorized access to and operation of his/her Account by third and/or
unauthorized parties.
j. Shall notify the Company of any changes of his/her contact details and any other
changes of the personal data he/she provided to the Company, within 7 (seven)
calendar days since such changes came into effect.
k. Shall register only 1 (one) Account with the Company. In case that the Client
owns multiple accounts under this brand and any other associated brands, any
transactions/Operations made via such multiple accounts and corresponding
financial results of such transactions/Operations, can be canceled at the absolute
discretion of the Company. All such multiple accounts can be blocked at the
Company’s absolute discretion, and the Company shall be entitled to terminate
this Agreement immediately, close the account and all open positions.
l. Shall indemnify and hold harmless the Company of any claims and/or legal
actions instigated against the Company as a result of disclosure of the Client’s
personal data.
m. Irrevocably accept full responsibility for his/her actions according to current tax
legislation valid at the place of residence/living of the Client regarding any
performed transactions/Operations, including but not limited to revenue/income
tax.
n. Acknowledges that the provision of the Service(s) may involve information being
transported over an open network. Information is therefore transmitted regularly
and without control across borders. The Company shall take reasonable steps to
avoid information being intercepted and read by third parties by utilizing
techniques such as encryption, however it is not always possible to avoid third
party unauthorized access to/view of the Client’s information/personal data. The
Client hereby acknowledges this risk and accepts and consents to this, so long
as he/she is reasonably satisfied that any such unauthorized access/disclosure
was not made intentionally and that the Company took all reasonable measures
and actions in order to prevent such unauthorized access/disclosure.
o. Acknowledges and agrees that the Company has the right to close any
transaction, at its sole and absolute discretion without providing prior notice to the
Client if the underlying asset or contract on which the transaction is based settles
on an expiry date as determined by the relevant financial market, on which the
said asset is traded (such time referred to as 'Closing Time' and the relevant
expiring transaction referred to as an 'Expiring Transaction'). The Company shall
not be obligated to take actions to roll over an open position in an Expiring
Transaction.
p. Acknowledges that the Company prohibits third-party or anonymous payments
into the Client’s Account. Only funds sent from an account held in the Client’s
name and belonging to the Client are acceptable. The Company reserves the
right, at its discretion, if it has identified a third-party or anonymous deposit, to
block the Account. The Client should note that any remaining funds will be
returned to the third-party source via the same payment method, and any profits
accumulated by the Client using third-party or anonymous funds will not be made
available to the Client.
q. Agrees that in case the Company carries out a transaction/Operation on his/her
behalf which is not covered by the balance of his/her Account, the Company shall
have the right to liquidate his/her assets and use the proceeds to cover part or
the total difference.
r. Irrevocably accepts that he/she is solely responsible for any technical
deficiencies that may occur in Client’s connection to the Trading Platform, in
Client's equipment used for receiving the services (including, but not limited to,
personal computer, laptop, mobile phone etc.), and confirms that he/she shall
have no claims whatsoever against the Company for any direct and/or indirect
damages the Client may suffer due to such deficiencies.
s. Acknowledges that the Company has the right to refuse to execute any
transaction/Operation requested by the Client and/or any other action required,
under this Agreement, for as long as it maintains any claims against the Client,
whether these are due, future or contingent and regardless of whether these
arise from the same transaction/Operation from which such obligations arise.
t. Acknowledges that the Company has the right to refuse to execute any
transaction/Operation, place restrictions and/or close the client’s trading accounts
operated by the Company under this brand and any other associated brands.
The Company may exercise this right for reasons including, but not limited to,
fraudulent activities and/or other violations of the Company’s terms and
conditions. Clients acknowledge and agree that such actions by the Company
shall not give rise to any claims or liabilities against the Company.
u. Acknowledges and accepts that this Agreement and/or any materials made
available on the Website may be amended unilaterally, from time to time, by the
Company, and that he/she shall be responsible to check on the Website
frequently in order to ensure that he/she has made himself/herself aware of any
changes effected in such manner. Upon the submission of a request by the Client
of any transaction/Operation, any changes effected to this Agreement and/or to
any materials made available on the Website shall be deemed as acknowledged
and accepted by the Client.
v. If the Company deems that the amendments are material, such amendments will
take effect on the date specified in the notice to the Client and if no date is
specified, then on the date of receipt of the notice.
w. The Client understands and agrees that her/his consent is not necessary for any
change to be effective. Whether the Client does not respond and/or disagrees
with the content of the amendments implemented in the Company’s Terms and
Conditions, this will be considered as an acceptance by the Client of the contents
of the amendment and of the amended Terms and Conditions. Further, any order
of the Client to execute a transaction(s) following the receipt of the notice and/or
login into his Account, shall be deemed as acceptance by the Client of the
contents of the amendment and of the Agreement as amended.
x. The Client understands that it is his/her sole responsibility to remain up-to-date
with all changes. The applicable version shall be the latest version uploaded on
the Company’s website, and in the event of a dispute, the latest version shall
prevail.
y. In case the Client does not agree with the amendments, the Client shall be
entitled to terminate this Agreement in accordance with the Duration and
Termination of the Agreement section herein included.
3. The Client hereby warrants and represents to the Company that he/she:
a. Is not residing in any country where distribution or provision of financial products
or services offered by the Company would be contrary to local law or regulations.
b. Is responsible for ascertaining the terms of, and shall comply with, any and all
applicable local laws and/or regulations to which he/she is subject to.
c. Has the legal capacity/competence, is of sound mind and has reached the age of
maturity in the country which he is resident or citizen;
d. Is not a citizen of USA/territories of the US, North Korea, Palestine, Vatican
and/or a resident of either the USA/territories of the US, Canada, Afghanistan,
Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic
of the Congo, Eritrea, Ethiopia, Gibraltar, Iran, Israel, Japan, Mali, Myanmar,
North Korea, Palestine, South Sudan, Sudan, Syria, the Russian Federation, the
United Kingdom, Ukraine, Vatican, any country of the European Economic Area
and/or other non-serviced countries
e. Is not under any legal disability with respect to, and is not subject to any laws or
regulations which prevents his/her performance of this Agreement or any contract
or transaction contemplated by this Agreement.
f. The Client acts as principal and not as an authorized representative / attorney or
trustee of any third party.
g. The monetary funds and/or financial instruments and other assets delivered for
any purpose by the Client to the Company are not connected directly or indirectly
to any illegal and/or criminal activities and/or terrorism.
h. The monetary funds and/or financial instruments and other assets delivered for
any purpose by the Client to the Company, shall belong exclusively to the Client
and at all times be free from any charge, lien, pledge or encumbrance, unless the
Client has otherwise disclosed to the Company in writing.
i. The financial instruments, information and/or legal documents, which the Client
delivers to the Company are authentic, valid and free of any defect, and they
shall have the legal effect which they contend to have.
j. The Client certifies that he has provided accurate, complete and true information
about himself upon registration and will maintain the accuracy of the provided
information by promptly updating any registration information that may have
changed. Failure to do so may result in Account closure, Account limitations
and/or voiding of any transactions.
k. The Client will provide KYC documents to the Company within a period not
exceeding 7 days from the moment of depositing funds.
l. The Client confirms that the purpose and reason for registering and operating an
Account is to trade, on his/her personal/own behalf, in any financial instruments
and to take advantage of the Services offered by the Company. The Client
warrants that should the reason for operating an Account change, he/she will
inform the Company immediately.
m. The Client warrants and/or shall repeat the above warranties at all times,
including, without limitation, during and/or upon the execution of any
transaction/Operation and/or trade, through the Account and the provision of the
Services.
4. The Company shall be entitled to:
a. Modify the size of the value of the Company’s financial obligations to the Client
with changes of the appropriate entry of the trade operations register in case of
violation of one or several provisions of the Agreement herein by the Client.
b. The Company reserves the right to change, add or set as default the option
payments rate, return rate, the possibility of adjusting the return rate, the
possibility of acquiring the option type, the minimum and/or the maximum option
amount, the possible expiration periods for one, several or all of the assets. The
company shall be entitled to limit the maximum amount of purchased options for
1 (one) minute, 1 (one) hour, 1 (one) calendar day.
c. Contact the Client with any question concerning the Agreement herein, including,
in order to clarify the Client's intentions regarding his/her actions through the
Account.
d. Unilaterally modify and/or amend and/or restate the terms and conditions of this
Agreement and/or the material made available on the Website. The Company
shall notify the Client of any such changes through the Website and/or by the
delivery of an email to the Client.
e. Modify the size of the value of the Company’s financial obligations to the Client, if
fulfillment of Operations on the Trading Platform does not comply with conditions
of the Agreement herein.
f. Engage third parties with a view to cooperating in order to facilitate and/or
enhance any and/or the provision of the Services under this Agreement.
g. With regard to any matters and/or obligations that are not covered by this
Agreement, the Company shall act accordingly upon its own discretion, but at all
times in accordance with business custom and existing practices within the line of
the Services.
h. The Company reserves the right to request additional supporting documents
and/or information during the verification of the Client’s Trading Account and on
an ongoing basis during the business relationship if such information is
necessary so as the Company may efficiently offer its services to the Client. In
case the Client fails to provide the Company with any additional supporting
documents including, inter alia, up-to-date verification documents, within the
specified timeframe, the Company shall be entitled to terminate this Agreement
immediately, close the account and all open positions.
5. Obligations of the Company:
a. Subject to the provisions of this Agreement and the Company being reasonably
satisfied that the Client is compliant with the terms and conditions of this
Agreement and/or has not in any way breached any terms of this Agreement, the
Company shall offer the Services through the Website;
b. To fulfill the provisions of the Agreement herein.
8. Indemnity and Liability
1. The Client shall indemnify and keep indemnified the Company and its directors, officers,
employees or representatives against all direct or indirect liabilities (including without
limitation all losses, damages, claims, costs or expenses), incurred by the Company or
any other third party in respect to any act or omission by the Client in the performance of
his/her obligations under this Agreement and/or the liquidation of any financial
instruments of the Client in settlement of any claims with the Company, unless such
liabilities result from gross negligence, willful default or fraud by the Company. This
indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost or
liability incurred by the Client in relation to this Agreement, unless such loss, expense,
cost or liability is a result of gross negligence, willful default or fraud by the Company.
Notwithstanding the provisions of section 8.1 above, the Company shall have no liability
to the Client whether in tort (including negligence), breach of statutory duty, or otherwise,
for any loss of profit, or for any indirect or consequential loss arising under and/or in
connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value
of the financial instruments of the Client could have been increased or for any decrease
in the value of the financial instruments of the Client, regardless of the cause, unless
such loss is directly due to gross negligence, willful default or fraud on the part of the
Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of
facts, error in judgment or any act done or which the Company has omitted to do,
whenever caused, unless such act or omission resulted from gross negligence, willful
default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any
counterparty, bank, custodian or other third party which acts on behalf of the Client or
with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client
hereby agrees and acknowledges that:
1. under certain market conditions at the time of execution and/or depending on the
risk management framework of the third-party market maker, the Company may
have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant
invested funds to the Client’s trading account balance. The Company undertakes
to provide adequate notification to the Client in such a case.
2. Should the aforementioned occur, the Client will have no right, claim or demand
from the Company and undertakes to indemnify the Company for any damage
caused by the Company's aforesaid action.
9. Personal Data
1. By accepting the terms and conditions of this Agreement, the Client irrevocably consents
to the collection and processing of his/her personal data/information by the Company
without the use of automatic controls, as the same are provided by him/her to the
Company. The term personal data for the purposes of this Agreement shall mean: the
Name, Surname, Patronymic, gender, address, phone number, e-mail, IP address of the
Client, Cookies and information that relate to the provision of Services to the Client (for
example, the Client’s trading story).
2. The Client shall be obliged to provide correct, accurate and complete personal
data/information as requested by the Company.
3. The purpose of collecting and processing the personal data is to comply with applicable
regulating legislation requirements, including without limitation anti-money laundering
regulations, as well as for any and all purposes in relation to this Agreement, including
without limitation to enable the Company to discharge its obligations towards the Client.
4. The Client acknowledges and consents to that, for the purposes described in the section
directly above, the Company shall be entitled to collect, record, systematize, accumulate,
store, adjust (update, change), extract, use, transfer (disseminate, provide, access),
anonymize, block, delete, destroy such personal data and/or perform any other actions
according to the current regulating legislation.
5. The Client acknowledges and consents to the Company storing, maintaining and
processing his/her personal data in the manner as described in this Agreement during
the term of the Agreement and for a minimum of 7 years following any termination of the
Agreement.
6. The Client hereby acknowledges, accepts, agrees and consents to the disclosure of
personal data by the Company to third parties and their representatives, solely for the
purposes of the Agreement, including without limitation in order to facilitate
processing/execution of the Client’s orders/Operations, provided that at all times (i) the
amount of personal data to be disclosed to any such third party is proportionate and/or
limited solely to facilitate to the actions as described above, and (ii) the Company shall
ensure that such third party shall treat the personal data in accordance with applicable
laws and regulations.
7. The Company shall not be entitled to make available the personal data in public and/or
disclose such personal data for any other purposes, subject to disclosure required under
applicable laws and regulations.
8. During processing of the personal data, the Company shall take necessary legal,
organizational and technical measures to protect such personal data from unauthorized
or accidental access, destruction, change, blocking, copying, provision, and
dissemination as well as from any other illegal actions.
10. Assignment
1. The Agreement shall be personal to the Client, and the Client shall not be entitled to
assign or transfer any of his/her rights or obligations under this Agreement.
2. The Company may at any time assign or transfer any of its rights or obligations under
this Agreement to a third party. The Company shall notify the Client of any such
assignment.
11. Risk Statement
The Client hereby confirms to have read, understood and hereby accepts the risk statement
relating to the use of Services on the Website, as the same is available electronically via the
Website.
By accepting this Agreement, the Client accepts that the Client has read and understood the
information contained in this Agreement and the Company’s general description of the nature
and risks of different Financial Instruments and/or Service(s) which can be found in our Risk
Disclosure.
12. One-Click Trading Terms and Conditions
1. One-Click Trading mode allows you to perform trading operations on the platform with
only one click on the Buy/Call or Sell/Put buttons, without any additional confirmations.
2. Opting in for the One-Click Trading mode means that you acknowledge that you have
read and understood the following terms and conditions, and you agree to be bound
hereby.
3. Your current version of the platform enables you to choose between the following modes
for order submission. You agree that you will be bound by the procedures and conditions
specified herein with respect to each such mode.
● There are several steps you have to follow when using the default mode for the
submission of orders. Using the default mode, you first invoke the instruments
menu and choose the assets you want to trade. Then you select all parameters
depending on the instrument you have chosen and confirm your order
submission by clicking either Buy/Call or Sell/Put buttons depending on the
particular order type selected and your trading intentions. Using the default
mode, a confirmation window will appear, and you will have to confirm your
intentions and the trade details in order to confirm the transaction. Your order will
not be submitted until you have completed the aforementioned procedure.
● The One-Click Trading mode for order submission (“One-click trading”) is a
one-step process. You will be submitting orders when you single-click either
Buy/Call or Sell/Put buttons.
4. There will be no subsequent confirmation prompt for you to click; hence you should
ensure beforehand that all parameters are set based on your trading intentions. You will
not be able to withdraw your order once you click the Buy/Call or Sell/Put buttons (with
the exemption of a 3-second cancellation period for binary options) and only certain
parameters such as stop loss and take profit orders for CFDs can be modified after
having opened a trade. Under normal market conditions and system performance, a
market order will be promptly filled after submission, and you will have entered into a
binding transaction.
5. You can activate or deactivate One-Click Trading mode in the settings of the platform.
One-Click Trading can be activated or deactivated for one or several instruments in the
settings.
6. By selecting the One-Click Trading mode, you understand that your orders will be
submitted by clicking the Buy/Call or Sell/Put button, without any further order
confirmation. You agree to accept all risks associated with the use of the order
submission mode you have chosen, including, without limitation, the risk of errors,
omissions or mistakes made in submitting any order.
7. You agree to fully indemnify and hold harmless the Company from any and all losses,
costs and expenses that may incur as a result of any such errors, omissions or mistakes
by you or any other person trading on your behalf.
8. If you accept the One-Click Trading terms and conditions, tick the “buy in one click”
option when opening trades on the platform. If you do not accept the conditions, do not
tick the box and do not use the One-Click Trading function.
13. Charges and Fees
1. The Company shall be entitled to receive a fee from the Client regarding the Service(s),
provided by the Company.
2. The Company may pay a fee/commission to the Introducing Broker, referring agents, or
other third parties based on a written agreement. This fee/commission is related to the
frequency/volume of transactions and/or other parameters. All applicable fees or charges
can be found on the Company’s Website (General Fees). The Company has the right to
amend its fees and charges from time to time.
3. Ongoing trading fees, including inter alia swaps, shall be charged and deducted from the
Client’s account balance. In case the Client does not maintain enough funds in his/her
balance, the relevant position subject to swap will be closed by the Company.
4. The Client agrees that any amounts sent by the Client will be deposited to the Account
at the value on the date of the payment received and net of any charges / fees charged
by the bank or any other intermediary involved in such transaction process and/or in any
other case, the Client shall authorize the Company to withdraw the fee by way of transfer
from the Client’s Account.
14. Governing Law
1. The terms and conditions of this Agreement as well as any matters pertaining to this
agreement, including without limitation to matters of interpretation and/or disputes, shall
be governed by the laws of Saint Kitts and Nevis.
2. The Company and the Clients irrevocably submit to the jurisdiction of the courts of Saint
Kitts and Nevis.
3. The Company shall be entitled to use the interpreter's services during the court trial in
case of dealing with a disputable situation according to the legislation of Saint Kitts and
Nevis.
15. Duration and Termination of the Agreement
1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and
makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its
translation in any other language, the text of the Agreement in English as a whole shall
prevail, as well as the English version/text of any other documentation/information
published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
A. Each Party shall be entitled to terminate this Agreement at any time by giving to
the other Party 15 (fifteen) days written notice. During the 15 days notice, the
Company may limit the services available to the Client; however, access will be
granted in order for the Client to withdraw any remaining balance.
B. The Company shall be entitled to terminate this Agreement immediately, close all
open positions, block the Client’s account, and return any remaining funds (if
applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a
resolution is approved, or any measures of bankruptcy or winding up of the Client
are taken.
iii. The Client violates, or the Company has reasonable grounds to believe that the
Client violated, any of the Client’s obligations under and/or terms of, this
Agreement and/or is in breach of any of the warranties and representations made
by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable
grounds to believe that the Client has not reached the age of maturity in the
country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable
grounds to believe that the Client became a citizen of the USA/territories of the
US, North Korea, Palestine, Vatican and/or a resident of either the USA/territories
of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island,
Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar,
Iran, Israel, Japan, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan,
Syria, the Russian Federation, the United Kingdom, Ukraine, Vatican,any country
of the European Economic Area and/or other non-serviced countries.
vi. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent
scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gained an
unfair advantage, over and/or to the detriment of (i) other clients of the
Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or
negligently and/or otherwise concealed and/or not disclosed in advance
by the Client to the Company and/or for which the Company had known in
advance, it would have not consented and/or it would not have authorized
the use of such information by the Client for the purposes of this
Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or
abusing the market and/or the Company’s trading systems and/or
deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the
Agreement.
vii. The Client being guilty, or the Company has suspicions that the Client is guilty of
malicious conduct or gross negligence or fraud or of using fraudulent means or
was involved in a fraud scheme in relation to the performance of this Agreement.
viii. The termination is required under applicable law.
ix. In case the Client receives 2 warnings regarding verbal abuse against employees
of the Company.
x. If the Client didn’t provide to the Company his KYC documents within 14 days
from the moment of acceptance of this Agreement, constituting, thus, his/her
Account as an unverified Account.
xi. In case the Client uses and/or there are indications that lead the Company to
reasonably believe that the Client uses different IP addresses from different
countries and/or VPN and/or VPS during the course of executing any
transactions and/or trades through the Trading Account and/or the provision of
the Services. Whether the Client has provided notice to the Company for any
change to its IP address and/or of the use of VPN and/or VPS is irrelevant.
xii. The Client has initiated a chargeback in relation to the funds held in the Client’s
Account. In case the Company identifies that the Client created any additional
trading account(s) following the chargeback dispute, the Company shall be
entitled to, without giving prior notice, terminate the Agreement immediately,
close all open positions, block the account(s), and return any remaining own
funds (if applicable) excluding profits.
xiii. Where the Company identifies that the Client is involved and/or is using a
high-frequency trading software with the purpose of manipulating the Company’s
systems and/or trading platform and/or has illegally and/or improperly and/or
maliciously and/or knowingly gained an unfair advantage over and/or to the
detriment of other clients of the Company and/or the Company and/or this
high-frequency trading software is designed to abuse the Company’s systems
and/or trading platform.
xiv. Where the Company identifies that the Client’s funds and/or payment account(s)
have been used to fund a third-party account, and it has reasonable suspicion
that the Client and/or third party is circumventing any of the clauses of the
present Agreement by doing so and/or is acting in collaboration with a third party
circumventing any of the clauses of this Agreement.
xv. The client is and/or has been convicted of a criminal offence and/or is cautioned
and/or charged by the police or other competent authority with a criminal offence.
5. In case of termination of this Agreement for a reason indicated in clause 15.4.B, of this
Agreement, the Company shall have no liability towards the Client and no obligation to
pay any of the profits generated by trading (if any); Furthermore, it is up to the
Company’s sole discretion to decide if any deposited funds will be paid to the Client.
6. In case of termination of this Agreement for a reason indicated in sections 15.4.A of this
Agreement, the Company shall have either to wire to the Client the remaining balance or
to give to the Client the opportunity to withdraw his/her remaining balance.
16. Terms and Conditions for 1-Click Service
1. The Client shall agree to make a deposit to his/her Account to use the Company
Services or any other additional services ordered by the Client on the Website as well as
all additional expenses (if necessary), including but not limited to any taxes, duties, etc.
The Client shall be completely responsible for timely depositing the funds into his/her
Account. Provider of payment services shall ensure only fulfillment of payment in the
amount defined by the Site and shall not be liable for payment of the above-mentioned
additional amounts by the Website’s Client.
2. The payment is considered to be processed and cannot be returned after clicking the
“Payment” button. By clicking the “Payment” button, the Client shall agree that he/she
cannot return the payment or require its recall. Additionally, by accepting the terms and
conditions herein contained, the Client as the owner of the payment card confirms that
he/she shall be entitled to use the Services offered on the Website.
3. By accepting the terms and conditions of this Agreement and depositing funds to the
Account, the Client agrees to use the Website’s Services and accepts that the
processing of any of the Client’s payment shall be executed by a provider of payment
services, being a third party to this Agreement (the “Provider”), and the Client further
acknowledges and accepts that no legal right exists for return of already purchased
Services or other options of payment cancellation. In case if the Client is willing to refuse
from using the 1-Click service for the next purchase of the Service, the Client can refuse
from 1-Click service using the Account on the Website.
4. Note that 1-click deposits (recurring payments) are not processed as 3-D secure
transactions, the client needs to enable the 3-D secure function if he would like the
payments to be processed as 3-D secure.
5. The Provider shall not be in any case liable for the refusal/impossibility to process the
data connected with the payment card of the Client, or for the refusal connected with
failure to obtain permission from the issue bank to process payment using the payment
card of the Client. The Provider shall not be in any case liable for the quality, amount,
and price of any service, offered to the Client or purchased by the Client of the Website
using the payment card of the Client. Paying for any Services of the Website, the Client
first of all shall be obliged to fulfill the rules of using the Website. We are asking to
consider that only the Client as the owner of the payment card shall be liable for timely
payment of any service ordered via the Website and for all additional expenses/fees
connected with this payment. The Provider shall only be the performer of payment in the
amount specified by the Website and shall not be in any case liable for any pricing,
general prices and/or total sums.
6. In case of the situation connected with the Client’s dissent with the terms mentioned
above and/or any other reasons, we are asking the Client to promptly refuse from
making a payment and to directly address the administrator/support of the Website if
necessary.
Annex 1 – General Terms
Technical Regulation
1. The Client’s Responsibility
1. The Client acknowledges that these General Terms are an integral part of this
Agreement.
2. It is the Client's responsibility to verify that all transactions and Service(s) received are
not contradictory to any applicable law and to undertake any other legal duty emanating
from the use of the Website at the Client’s sole option, discretion and risk, and the Client
is solely responsible for ascertaining whether it is legal in the Client's jurisdiction and/or
place of residence. The Client holds sole liability for all transactions in his Trading
Account, including all card transactions or other means of deposit and withdrawal
transactions (as stated below). The Client acknowledges that the Company reserves the
right to accept or decline any deposit and/or funding and/or withdrawal request by the
Client depending on the payment method that the Client chooses (which includes but is
not limited to the third party financial institution from which the Client wishes to
deposit/withdraw funds with the Company (Third-Party Institutions)), and the Company
may suggest to the Client an alternative for its request. It is important to note that the
Company does not have and cannot in any way have any, control over such Third-Party
Institutions and any transactions made by the Client through the Platform using such
institutions, and it is hereby acknowledged and agreed that the Company shall bear no
liability, monetary or otherwise, in relation to any loss of funds incurred by the Client
pursuant to any actions or omissions of Third-Party Institutions.
3. The Client is responsible for securing his/her Username and Password for his Trading
Account. The Client holds sole responsibility for any damage caused due to any act or
omission of the Client causing inappropriate or irregular use of the Client Trading
Account.
4. It is clearly stated and agreed by the Client that the Client bears sole responsibility for
any decision made and/or to be made by the Client relying on the content of the Website
and no claim and/or suit of any kind will arise to that effect against the Company and/or
its directors and/or employees and/or functionaries and/or Agents (the Company and/or
its Agents). The Company and/or its Agents will hold no responsibility for loss of profits
due to and/or related to the Website, Transactions carried out by the Client, Services and
the General Terms of use or any other damages, including special damages and/or
indirect damages or circumstantial damages caused, except in the event of malicious
acts made by the Company.
5. Without limitation of the aforesaid and only in the event of definitive judgment by court or
other authorized legal institution resolving that the Company and/or its Agent(s) hold
liability towards the Client or third party, the Company's liability, in any event, will be
limited to the amount of money deposited and/or transferred by the Client to the Trading
Account in respect of the transaction which caused the liability of the Company and/or its
Agent(s) (if such was caused).
6. No Trading Account will be approved without the completion of the Company’s
compliance procedures, including the identification and verification of the Account.
2. Risks
1. The value of the Financial Instruments offered by the Company may increase or
decrease. The Client acknowledges that they fully understand the risks involved in
trading CFDs (and other similar products), including, but not limited to, the risk of loss of
all funds.
2. CFD Trading does not give you any right to the underlying instrument of the Transaction.
This means that you do not have any interests in, or the right to purchase, any
underlying shares in relation to such instruments because the CFDs represent a notional
value only.
3. Virtual currencies are complex and high-risk products, and their prices fluctuate widely;
as such, they entail the risk of losing the entire invested capital. Trading cryptocurrencies
may result in significant loss over a short period of time. Clients should not trade in
virtual currencies in case they do not have the necessary knowledge and expertise in
these products.
4. The Client acknowledges that he has read, understood and accepted the Company’s risk
disclosure information found on the Company’s Website.
3. Financial Information
1. The Company should not be held responsible for any losses that the Client may incur (or
to a third party) due to reliance on inaccurate or erroneous financial information on the
Website.
2. The Client should verify the accuracy and reliability of the information on the Website
and its appropriateness in comparison with other dependable information sources. The
Company will not be held responsible for any allegedly caused claim, cost, loss or
damage of any kind as a result of information offered on the Website or due to
information sources used by the Website.
3. The Client approves and accepts that any oral information given to him/her in respect of
his Trading Account might be partial and unverified. The Client accepts sole risk and
responsibility for any reliance on the aforementioned information. The Company does
not give any warranty that pricing or other information supplied by it through its trading
software or any other form is correct or that it reflects current market conditions.
4. Processing of Trade Requests and Orders
A. The processing of a Client’s request and/or order shall be carried out as follows:
1. Following submission of a request/order, such request/order shall undergo a
correctness test on the Trading Platform;
2. The request/order shall be sent from the Trading Platform to the server;
3. The request/order shall undergo a correctness test by the server;
4. The server shall then forward the results of the correctness test to the Trading
Platform;
5. In case that the connection between the trading platform and the server is
correct, the trading platform will receive the results of processing of the Client
request or order by the Company.
B. The time of the process may vary and depends on the quality of the communication
between the Trading Platform and the server of the Company, as well as on the market
conditions. In normal market conditions, the time of the process usually varies between
0–4 seconds. In market conditions that differ from normal, the time of Client
request/order processing can be higher than that.
C. The server of the Company may refuse the Client’s request/order in the following cases:
1. If the Client sends the request before the first quote on the Trading Platform on
the market opening.
2. If there is not enough funds in the Client’s account for opening a new position;
3. If the Client sends the request/order before the opening of the trading session;
4. When market conditions differ from normal, such as there is significant volatility
or instability in the markets, or the industry as a whole, preventing us from
providing our services in an orderly manner, including any instances where we
are unable to receive data and/or we receive incorrect data from our service
providers.
5. When using the trading platform, it is allowed to use only one tab of the browser.
In case of using several tabs of the browser, the results of trade can be corrected
and/or canceled.
5. Quotes
1. The Client acknowledges that the only reliable source of quote flow information is the
main server for customer requests. The quotes on the Trading Platform cannot serve as
a reliable source of information about the real quotes flow, as in the case of unstable
connection between the Trading Platform and the server part of the quotes from the flow
may not reach the Trading Platform.
2. The graphs displayed on the Trading Platform are indicative. Thus, the Company does
not guarantee that the transaction will be made at the same prices specified on the
graphs in the Trading Platform at the time of submission of the other customer
transactions.
3. The price displayed on the Trading Platform is formed by the formula (Bid+Ask)/2.
4. Non-market quote – the price on the Trading Platform which does not correspond to the
price on the market at this moment of time (hereinafter referred to as the “Non-market
price”).
5. In case that the Company executed the Client’s request/order for Non-market quote, the
following shall be imposed on the Company’s duty:
a. In case of position closing – correction of the financial result between incorrect
closing of the position and closing according to real market price corresponding to
the closing moment of transaction according to Non-market price.
b. In case of position opening – the Company reserves the right to cancel the financial
result regarding such position.
6. Copyright
1. Obynex is a global brand, which in your jurisdiction is operated by Sunset Horizon LLC a
company registered at Lighthouse Trust Nevis Ltd, Suite 1, A.L. Evelyn Ltd Building,
Main Street, Charlestown, Nevis (hereinafter “We” or “Company”). We are the controller
and responsible for the data of the Client disclosed to us in order to register for a Trading
Account, Demo Account and/or to make use of any other services offered by us through
the website (hereinafter “Website”) (this term shall at all times include Website’s desktop
and mobile versions).
2. The Company is the owner of all intellectual property rights on and throughout the
Website as well as the material on it, including any copyright, database rights and
trademarks. Any such right not belonging to the Company belongs to third parties and is
protected by copyright laws and treaties around the world. All such rights are reserved.
3. All copyright, database rights, trademarks and any other intellectual property rights in the
content of and/or throughout the Website, belong to the Company or a third party,
including without limitation to licensors and vendors of the Company. The material and
content on the Website (in whatever form it exists), may or may not be identified by a
symbol, and they include, but are not limited to designs, photographs, graphics,
drawings, text, etc. The lack of any such symbol should not be understood as meaning
that the name, term or data is not the intellectual property of either the Company or any
third party or any licensor of the Company.
4. Obynex (in word or stylized forms) has been registered internationally.
5. The use of the word Obynex and/or any trademark or intellectual property rights of the
Company (as referred to in this paragraph 6.1), without the Company’s express and
written pre-approval, is strictly prohibited in all ways. Such prohibited acts, include but
are not limited to copying, duplicating, presenting in public, altering, advertising,
broadcasting, transferring, selling, or delivering trademarks or any intellectual property
rights, in whole or in part to any third parties, distributing, including by publishing on the
Internet, or making any commercial use of the trademarks/intellectual property rights, in
whole or in part.
6. Any reference, presentation and/or use on the Website of trademarks and/or any
intellectual property rights which are not owned by the Company but are owned by other
third parties (Third-Party IP) is fair since their usage is limited to (a) descriptive and
informative purposes and at no time as part of the Company’s Services, and (b) the
minimum necessary. Such Third-Party IP is on the Website only for informative
purposes, to provide a simple description of the service/goods of the particular third party
and of the use of such service/goods by the Company within the context and for the
purpose of performing its obligations under this Agreement for the provision of the
Services.
7. For the sake of clarity, it is noted that the mere description of the Third-Party IP is not of
a commercial nature and is only a description without which it is impossible to uniquely
identify them, is not an advertisement for goods and/or services of the third parties or the
Services of the Company, and does not imply a comparison between the goods and/or
services of any third parties and the Company.
8. The Company and the owners of the Third-Party IP (excluding official licensors, partners,
vendors) are not affiliated in any way, and/or are not partners, or sponsors to each other,
they are not bound by licensing, marketing, and/or any other agreements or mutual
obligations, unless this is expressly stated on the Website.
9. Unless explicitly stated otherwise, any material and/or message, including without
limitation, idea, knowledge, technique, marketing plan, information, questions, answers,
suggestions, emails and comments (hereinafter – “Information”) delivered to the
Company shall not be considered the Client's confidential or proprietary right of. Consent
to the Agreement will be considered as authorization to the Company to use the entire
Clients' Information (excluding Clients' Information designated for personal
identification), at the absolute and sole discretion of the Company without requirement of
any additional permission from the Client and/or the payment of any compensation due
to such use.
10. The Client undertakes that any notice, message or any other material supplied by the
Client shall be appropriate and shall not harm other persons including their proprietary
rights. The Client shall refrain from uploading or sending any illegal and/or harmful
and/or disturbing to other Clients material, and is strictly forbidden from taking any
action, which might damage the Company.
7. Content and Third Parties’ Websites
1. The Website might include general information, news, comments, quotes and other
information related to financial markets and/or advertising. Some information is supplied
to the Website by unaffiliated companies.
2. The Company does not provide investment research. All news, comments, quotes and
other information related to financial markets published by the Company are of a
promotional/marketing nature only.
3. The Company does not prepare, edit or promote the information/links and/or other
information provided by unaffiliated companies.
4. The Company will not be liable for the content of any third-party websites or the actions
or omissions of their proprietors, nor for the contents of third-party advertisements and
sponsorship on those websites. The hyperlinks to other websites are provided for
information purposes only. Any Client and/or potential client uses any such links at
his/her own risk.
8. Processing of Client Orders to Open Positions
1. If the amount of available funds is sufficient to open a position – the position will be
opened.
2. If the size of the available funds is insufficient to open a position – the position will not be
opened.
3. The Client’s order to open a position is processed, and the position is opened only after
the corresponding entry in the server log file. Each new position is assigned with a serial
number.
9. Processing of Client Orders to Close Positions
Closing of a trading position occurs at the current price at the trading server at the moment of
closing of the trading operation.
10. OTC Assets
1. OTC Asset or “over the counter” is an asset that is traded out of the regular market
(hereinafter referred to as the “Asset”).
2. The Asset’s price is formed from data for trade requests and orders of the Clients,
received by the Company.
3. The Client acknowledges that by making trade requests and orders on such Asset,
he/she understands the essence of the work of such an Asset and the pricing algorithm
of the Asset.
4. The Client acknowledges that by making trade requests and orders on such Asset,
he/she admits that the only reliable source of quoting information is the main server for
the trade orders of the Clients.
11. Fraud
In the event that the Company has reasonable suspicion to believe and/or comes to its attention
that the Client has acted fraudulently with regard to the subject matter of the Agreement,
including without limitation to the following occurrences:
1. Fraud associated with credit card transactions and other ways to fill a balance that does
not belong to the Client;
2. Fraud associated with the use of software for false trading results;
3. Fraud associated with errors and system failures for false trading results
The Company shall be entitled to block the Client's account without prior notice and without the
possibility of further money withdrawal, and/or entitled to unilaterally terminate the Agreement in
the extrajudicial procedure.
12. Benefits
The Company may provide benefits to clients, including but not limited to, VIP status,
tournaments and/or other privileges (“Benefits”), at its absolute discretion and subject to fulfilling
the required conditions.
The Client acknowledges and accepts:
1. The Company reserves the right, without prior notification, to amend or cancel any of the
Benefits provided at any time for any reason;
2. Conditions are subject to change at any time and may vary depending on each region;
3. It is prohibited to abuse any of the privileges provided by the Company (e.g. creating
multiple trading accounts to claim these Benefits);
4. The client may submit a request to support@obynexbroker.com to stop receiving such
Benefits at any time.
13. Foreign Exchange
1. For any conversion required to be effected from one currency to another for the
execution of any order, the Company is entitled at its absolute discretion to debit the
Client’s Trading Account with the equivalent amount of the transaction in the currency in
which the Client holds the Trading Account.
2. For the execution of payments when the currency of the trading account is different from
the processing currency of the payment, the Company shall convert from one currency
to another for each transaction, based on the exchange rate at the time of conversion
(including the currency conversion fee specified in the General Fees Policy).
3. The Client acknowledges and agrees that he shall undertake all risks deriving from any
such conversion and, in particular, the risk of loss which may be incurred as a result of
the fluctuation in the exchange rates.

Privacy Policy

Privacy Policy

Obynex respects your privacy and is committed to protecting and respecting your personal data.
This privacy policy aims to give you information on how we collect and process any personal
data i.e. information about a Client (as defined below) who is a natural person on the basis of
which that Client can be identified (hereinafter the data) in accordance with the applicable data
protection legislation and best practice.
We strive to create the most secure infrastructure of any broker in the world. In this privacy
policy we would like to tell why you can trust us with your data and rest assured that your data is
safe.
It is important that you read this privacy policy together with any other privacy policy we may
provide on specific occasions when we are collecting or processing your data about you so that
you are fully aware of how and why we are using your data.
In this Privacy Policy, unless the context otherwise requires, expressions defined herein shall
have the meaning ascribed to them in the Terms & Conditions.
Please note that this Privacy Policy is addressed to current and prospective Clients. If you are
an employee of Sunset Horizon, contractor or a third-party service provider, your personal
information will be used in connection with your employment contract, your contractual
relationship or in accordance with our separate policies which are available by contacting us at
the contact details listed in the section OUR CONTACT DETAILS below.
If you are participating in our affiliate program and/or introducing broker program, we will
process the data provided under our agreement with you to exercise our rights and perform our
obligations under or in connection with the relevant agreement and the term Client in this
Privacy Policy shall be read to include the term affiliate and/or introducing broker (as
applicable).
1. WHO WE ARE
Obynex is a brand operated by Sunset Horizon LLC, is a company registered in St. Kitts and
Nevis with company registration number L 22994 and having its registered address at
Lighthouse Trust Nevis Ltd, Suite 1, A.L. Evelyn Ltd Building, Main Street, Charlestown, Nevis
(hereinafter “Sunset Horizon” and/or “Company”) . Sunset Horizon is the controller and
responsible for the data of the Client disclosed to us in order to register for a Trading Account,
Demo Account and/or to make use of any other services offered by Sunset Horizon through the
website (hereinafter “Website”) (this term shall at all times include Website’s desktop and mobile
versions).
This Privacy Policy is issued on behalf of Sunset Horizon the company responsible for collecting
and/or processing your data when you use the Trading Platform through the Website, either for
a Trading Account or a Demo Account (or their mobile/desktop versions) (hereinafter
the Service(s)). In Sunset Horizon we respect your privacy and we are committed to protect
your data, which we collect, use and/or have access to.
The Company takes measures to implement advanced data protection policies and procedures
and to update them from time to time for the purpose of safeguarding the Client's data and the
Client’s account. Your data is protected by the legal, administrative and technical measures that
we take to ensure the privacy, integrity and accessibility of data. To prevent security incidents
with your data, we use a mixed organizational and technical approach based on the results of
annual risk assessment.
The Company shall not divulge any private information of its Clients and former Clients unless
the Client approves in writing such disclosure or unless such disclosure is required under
applicable law or is required in order to verify the Client's identity or it is required for Sunset
Horizon to perform its contractual obligations under any agreement concluded with the Client.
The Clients' information is processed only by the employees of the Company and/or trusted
third parties which provide specific support services, dealing with the specific Client's Accounts
and necessary for the provision of our services. All such information shall be stored on
electronic and physical storage media according to applicable law.
2. DATA USAGE
1. We may collect, use, store and transfer different kinds of data about you which we have
grouped together as follows:
● Identity Data includes first name, last name, and patronymic (if available), date of birth
gender, passport, ID, Driver’s number, and copy of photo.
● Contact Data includes billing address, email address and telephone numbers.
● Financial Data includes bank account, payment card details and tax identification
number (including but not limited to social security number, income tax identification
number, national insurance number).
● Transaction Data includes details about the transactions performed by you, details
about payments, withdrawals, exchanges, trading history, profit, balance, deposited and
withdrawal amount methods, and any other details in relation to the services you have
made use of through our Website.
● Technical Data includes internet protocol (IP) address, your login data, browser type
and version, time zone setting and location, browser plug-in type and versions, operating
system and platform, and other technologies on the devices you use to access the
Website and use of cookies stored on your device.
● Profile Data includes your Client’s account details, username and password,
transactions made by you, your interests, preferences, feedback and/or information
received through your interaction with us within the course of providing our services and
survey responses.
● Usage Data includes information about how you use the Website, products and
services, registration date, account category, trading cluster, number of complaints,
number of requests filed and IP history.
● Marketing and Communication Data includes your preferences in receiving marketing
from us and your communication preferences.
● Special Categories of Data/ ‘Sensitive’ Data includes details about your religious
belief, annual income, biometric data and/or criminal convictions and offenses.
● Conformity Data includes details about your education, employment status, trading
experience, self-assessment test.
● Banking Data includes details of the number of payment wallets and/or information of
your bank card, including information of the issuing bank, card number, cardholder
name, card expiration date, payment system, card validation code (CVV2 / CVC2), and
photos of both sides of the bank card.
● Data in KYC (Know your customer) includes identity document information, including
copies of recently dated Utility Bills, Identity Card, Passport, and/or Driver’s License.
● Economic Profile Data includes details on occupation, purpose of investment, annual
income, net wealth, expected annual amount of investment and sources of funds.
● Location Data includes details on your actual location when interacting with our Website
(for example, a set of parameters that determine regional settings of your interface,
namely residency country, time zone, and the interface language)
● Audio Data includes full voice recordings of calls that you receive from us or make to us.
(the above collectively referred to as Personal Data)
2. Aggregated Data includes statistical or demographic data for any purpose. Such data can be
derived from your data but may not be considered personal data in law as it will not directly or
indirectly reveal your identity. An example of such Aggregated Data could be that we aggregate
your Usage Data to calculate the percentage of users accessing a specific website feature
and/or services/product preference.
Notwithstanding the above, if Sunset Horizon combines Aggregate Data with data in a way that
the end result can in any way identify the data subject, Sunset Horizon shall treat such
combined data as data which will be treated as per the provisions herein contained.
Processing of your data is carried out by Sunset Horizon following the principles of lawfulness,
fairness, transparency, and always adhering to the intended purpose of data processing, the
principle of data minimization, accuracy, limited data storage, data integrity, confidentiality and
accountability.
In general Sunset Horizon collects and process the Personal Data, for any of the following
reasons:
1. To perform its contract with you,
2. To comply with its legal obligations including without limitation to applicable anti-money
laundering and terrorist financing laws and regulations (hereby referred to as
Money-Laundering Law), and/or
3. To safeguard its legitimate interest
The Client acknowledges that all or part of the data concerning the Client's account and related
transactions will be stored by the Sunset Horizon and may be used by the Company in case of
dispute between the Client and the Company.
The Client is responsible for updating any data provided to us in case of any change. Although
we will strive to keep your data up to date and review and inspect any information provided by
you, we may not be able to always do so without your help. The Client acknowledges that
Sunset Horizon holds neither commitment nor responsibility to the Client due to any aforesaid
review or inspection of information.
3. HOW IS YOU PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct Interactions. You will provide to us your Identity, Contact and Financial Data online
through the Website and/or by filling in online forms and/or by corresponding with us by emails
or otherwise. Data may be submitted to us by you when you wish to:
1. Register for a Trading Account;
2. Register for a Demo Account;
3. Subscribe to our publications and ongoing updates;
4. Request marketing and promotions to be sent to you;
5. Enter a competition, promotion or survey; and/or
6. Give us feedback or contact us.
We require to collect the above data in order that we are able to (i) provide our services
efficiently, (ii) to comply with our ongoing legal obligations, including, inter alia, to prevent fraud
and money laundering acts.
If you fail to provide the data when requested we may not be able to perform the contract we
have or are trying to enter into with you (for example, to provide you with our services). In this
case, we may have to cancel a service you have with us but we will notify you if this is the case
at the time. It is important that the data we hold about you is accurate and current. Please keep
us informed if your data changes during your relationship with us.
Automated Technologies or Interactions. When using our services, your device automatically
transmits to us its technical characteristics. Locale (a set of parameters that determine regional
settings of your interface, namely, residence country, time zone and the interface language) is
used for the purpose of providing you with the best possible service within our platform. Using
the information about IP address, cookies files, information about browser and operating system
used, the date and time of access to the site, and the requested pages addresses allows us to
provide you with the optimal operation on our web application, mobile and/or desktop versions
of our application and monitor your behavior for the purpose of improving the efficiency and
usability of our Services. We use web analytics tools to track performance of our website and
marketing source of users by cookies in order to optimize our marketing costs and provide users
with better experience. You may at any time request that we refrain from any such transmissions
(to the degree this is possible and subject to any of our legal obligations) by sending your
request to the support team using our details in the OUR CONTACT DETAILS below using the
registered email address you disclosed and registered with us through your Account. We will
address your request within 30 business days.
About Cookies:
A cookie is a small amount of data that often includes a unique identifier that is sent to your
computer or device browser from a website's computer and is stored on your device's hard drive
for tracking site usage. A website may send its own cookie to your browser if your browser's
preferences allow it, but, to protect your privacy, your browser only permits a website to access
the cookies it has already sent to you, not the cookies sent to you by other websites. Many
websites do this whenever a user visits their website in order to track online traffic flows. When
you visit our Website, our system automatically collects information about your visit, such as
your Technical Data, including inter alia to, your browser type, your IP address and the referring
website.
Cookies stored may determine the path the Client took on our site and used to anonymously
identify repeat users of the website and what pages were most popular for Clients. However, the
Company protects the Client’s privacy by not storing the Client’s names, personal details,
emails, etc. Using cookies is an industry standard and is currently used by most major websites.
Stored cookies allow the Website to be more user-friendly and efficient for Clients by allowing
Sunset Horizon to learn what information is more valued by Clients versus what isn’t. You can
set your browser not to save any cookies of this website and you may also delete cookies
automatically or manually. However, please note that by doing so you may not be able to use all
the provided functions of our website in full.
Please see our Cookie Policy for further details.
4. PURPOSE FOR WHICH WE WILL USE YOUR DATA AND ON WHAT LEGAL BASIS
1. We process the aforementioned data in compliance with the applicable legislation as amended
from time to time in order to (i) be able to perform our contractual obligations towards the Client
and offer them the best possible service, (ii) provide our Services efficiently, (iii) comply with our
legal obligations, including, inter alia, to prevent fraud and money laundering acts, and (iv)
protect our legitimate interests and your vital interests.
2. We process all data based on the following legal basis:
1. For compliance with our legal obligations;
2. For the performance of our contractual obligations towards the Client;
3. For the purposes of safeguarding our legitimate interests and your interests and
fundamental rights do not override those interests; and/or
4. On the basis of your consent.
3. Indicatively we set out below, a description of all the ways we plan to use your data and which of
the legal bases we rely on to do so. We have also identified what our legitimate interests are
where appropriate. Note that we may process the data for more than one lawful ground
depending on the specific purpose for which we are using your data.
- PURPOSE ACTIVITY TYPE OF DATA
LAWFUL BASIS FOR PROCESSING
INCLUDING BASIS OF LEGITIMATE
INTEREST
a
.
1. To accept to register you as a Client
2. To notify you about changes to our
terms or privacy policy
3. To communicate with you and
provide you with secure identifications,
authentication and support services
4. To confirm you are at age of
majority as recognized and declared
by the laws of your jurisdiction
1. Identity Data
2. Profile Data
3. Contact Data
4. Data in KYC
5. Financial Data
6. Economic
Profile Data
1. Necessary to perform our contract
with you
2. Necessary to comply with our legal
obligations
b
.
1. To perform our Scoring Processing
under which a Client is scored on a
scale basis with regard to the level of
risk he is to Sunset Horizon
1. Banking Data
2. Economic
Profile Data
1. Necessary to perform our contract
with you
2. Necessary to comply with our legal
obligations
c.
1. To confirm the information provided
by You under (a) above in relation to
your location. 1. Location Data
1. Necessary to perform our contract
with you
2. Necessary to comply with our legal
obligations
d
.
1. To secure authentication,
identification and support services via
social networks protocols and use the
links to your accounts in social
networks for these purposes. 1. Technical Data
1. Necessary to perform our contract
with you
2. Necessary to comply with our legal
obligations
e
.
1. To process and deliver your
transactions and requests (Deposits;
Trades; Withdrawals)
2. Manage payments, fees and
charges;
3. To collect and recover money owed
to us.
1. Banking Data
2. Transaction
Data
1. Necessary to perform our contract
with you
2. Necessary for our legitimate interest
(recover charges owed to us, make a
withdrawal in case of breach of our
contract)
f.
1. To administer and protect our
business and Website (including
troubleshooting, data analysis, testing,
system maintenance, support,
reporting and hosting of data)
1. Identity Data
2. Contact Data
3. Technical Data
1. Performance of our contract with
you
2. Necessary to comply with our legal
obligations
3. Necessary for our legitimate
interests (take reasonable steps to
confirm that you do not use any ways
to manipulate our platform & for
running our business, provision of
administration and IT services,
network security, to prevent fraud)
g
.
1. To deliver relevant Website content
and advertisements to you and
measure or understand the
effectiveness of the advertising we
serve to you
2. To provide you with an optimal
operation on our web application,
mobile and/or desktop versions of our
application and monitor your behavior
for the purpose of improving the
efficiency and usability of our services.
1. Identity Data
2. Contact Data
3. Profile Data
4. Usage Data
Technical Data
5. Marketing and
Communication
Data
1. Necessary to perform our contract
with you
2. Necessary for our legitimate
interests (to study how customers use
our products/services, to develop
them, to grow our business)
h
.
1. to study how customers use our
products/services, to develop them, to
grow our business and to inform our
marketing strategy;
2. statutory limitations
1. Transaction
Data
1. Necessary for our legitimate
interests (including statutory limitations
provisions by applicable laws)
i.
1. To inform you about any of the
following:
— new services and/or products we
may offer;
— Any new development and/or
features of the current
products/services we offer
1. Identity Data
2. Profile Data
3. Contact Data
4. Technical Data
5. Usage Data
6. Transactions
7. Marketing and
Communication
Data
1. Necessary to perform our contract
with you
2. Necessary for our legitimate
interests (to study how customers use
our products/services, to develop our
products/services and grow our
business)
j.
1. To send direct marketing of our
services to you always within the
boundaries of our legitimate interests.
2. To send to you newsletters,
push-messages and calls to keep you
in touch with our new feature and new
development of the current
products/services we offer, news and
events and the efficient provision of
the full scope of our services.
Please note that we will never use
1. Identity Data
2. Profile Data
3. Contact Data
4. Data that may
be provided by
you during your
activity at the
Website.
Marketing and
Communication
Data
1. Necessary to perform our contract
with you
2. Necessary for our legitimate
interests (to provide effective and
personalized customer services to you
and to update you in relation to our
services that are available to you.
your data to communicate to you
and/or promote any third party
marketing material.
k.
1. To allow us to provide you with the
optimal operation on our Website,
mobile and desktop versions of our
application and monitor your behavior
for the purpose of improving the
efficiency and usability of our
Services.
2. To use analytics tools to track
performance of the Website and
marketing source of our Clients in
order to optimize our marketing costs
and provide you with better
experience.
1. Location Data
2. Technical Data
3. Usage Data
4. Marketing and
Communication
Data
1. Necessary to perform our contract
with you
2. Necessary for our legitimate
interests (to provide effective and
personalized customer services to you
and to update you in relation to our
services that are available to you).
l.
1. to allow us to monitor and train our
employees for your benefit
2. to safeguard your or our interests in
case of a dispute
3. to take steps for fraud prevention
4. to improve the services provided to
you Audio Data
1. Necessary to perform our contract
with you
2. Necessary to comply with our legal
obligations
3. Necessary for our legitimate
interests
m
.
1. To confirm that your annual income
corresponds with your employment
status
2. To confirm that you have no criminal
history. Sensitive Data
1. Necessary to comply with our legal
obligations
2. Necessary to protect your vital
interests.
4. If you are an existing Client of the Website where we have a legitimate interest in
communicating with you, or if you have given us your consent we will collect and process your
personal data to communicate with you in case of support and/or sending newsletters,
push-messages and calls to keep you in touch with our new features, news and events and the
efficient provision of the full scope of our services. We will also use your data to send you
marketing information regarding our services that we believe may be of interest to you via email
or otherwise.
5. Our Website is not intended for children and we do not knowingly collect data relating to
children. As we do not allow users under the age of 18 to use our services, we need to obtain
your birth date in order to confirm the Clients’ age checks.
5. OPTING OUT
If you do not want to receive any marketing newsletters or transmit your data to the third-parties
for marketing purposes, you can configure your preferences. Such configuring can be done
when (i) opening an account or (ii) when receiving such advertising content or (iii) by logging in
and going to My Account > Personal Details > Notification Settings. You may also send to the
Company, at any time, an email to support@obynexbroker.com using the registered email
address you disclosed and registered with us through your Account asking the Company to
cease from sending such advertising content or sending your data to the third-parties for
marketing purposes. The aforesaid mark removal and/or e-mail received by Sunset Horizon will
oblige us to cease sending advertisement content to you within 7 (seven) business days.
6. DISCLOSURE OF DATA
We may share your data with the parties for the purposes set out above.
We require all Sunset Horizon affiliated and/or related companies and any third parties
processing data on our behalf to respect your data and to treat it in accordance with the
provisions of the General Data Protection Regulation and applicable local legislation as
amended from time to time. We take all reasonable steps so that our third-party service
providers do not use your personal data for their own purposes and only permit them to process
your data for specific purposes and in accordance with our instructions.
In general, your data is used by the processors of the Sunset Horizon.
In addition, a transfer of your data to another legal entity may occur as part of a transfer of our
business or parts thereof in the form of a reorganization, sale of assets, consolidation, merger or
similar.
With regard to the transfer of data to recipients outside the related and/or affiliated entities of the
Company, we note that we strive to maintain discretion with respect to client related matters and
assessments of which we acquire knowledge. We may disclose data that concerns you only if (i)
we are legally required to do so; (ii) if required when you expressly order us to process a
transaction or any other service and (iii) it is required for the provision of our services under our
contractual relationship and/or (iv) protection of our legitimate interests and applicable
legislation as amended from time to time.
External Third Parties. Your data is shared with third party organizations/entities including but
not limited to:
A. Service Providers. We may share your data with our trusted third party service providers,
who, on our behalf, operate, maintain, and/or support our IT systems and IT infrastructure, our
websites, manage our payment solutions, perform statistical analysis, marketing and advertising
purposes, sending newsletters, provide customer support and perform other important services
for us.
B. Other Sunset Horizon affiliates/ related companies. We may also disclose your data to
other Sunset Horizon affiliates and/or related companies in order for them to provide us with the
relevant services.
C. State authorities. The Client's details that are provided and/or that will be provided by the
Client during his/her activity on the site may be disclosed by the Company to official authorities.
The Company will make such disclosure only if required to be disclosed by the Company by
applicable law or court order and to the minimum required extent.
D. Other disclosures. In addition to where you have consented to a disclosure of the data or
where disclosure is necessary to achieve the purpose(s) for which, it was collected, data may
also be disclosed in special situations, where we have reason to believe that doing so is
necessary to identify, contact or bring legal action against anyone damaging, injuring, or
interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who
could be harmed by such activities, or otherwise where necessary for the establishment,
exercise or defense of legal claims.
Where reasonably possible, management shall ensure that third parties collecting, storing or
processing personal information on behalf of the Company have:
a. Signed agreements to protect personal information consistent with this Privacy Policy and
information security practices or implemented measures as prescribed by applicable laws;
b. Signed non-disclosure agreements or confidentiality agreements which includes privacy
clauses in the contract; and
c. Established procedures to meet the terms of their agreement with third parties to protect
personal information.
Remedial action shall be taken in response to misuse or unauthorized disclosure of personal
information by a third party collecting, storing or processing personal information on behalf of
Sunset Horizon.
If you want to obtain further information on any data transfers mentioned above please
contact us using the registered email address you disclosed and registered with us
through your Account through the points of contact listed in the Section OUR CONTACT
DETAILS below.
7. DATA RETENTION
We store your data for as long as reasonably necessary to fulfill the purposes we collected it for,
including for the purposes of satisfying any legal, tax, accounting or reporting requirements. We
may retain your personal data for a longer period in the event of a complaint or if we reasonably
believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for your data, we consider the amount, nature and
sensitivity of the data, the potential risk of harm from unauthorized use or disclosure of your
data, the purposes for which we process your data and whether we can achieve those purposes
through other means, and the applicable legal, tax, accounting and other requirements.
We shall keep your data (including call recordings) during our contractual relationship and for a
minimum period of 7 (seven) years from the date of termination of the Platform/Service used by
the Client.
In general, all other data is stored for a period of 30 (thirty) business days after the date of
termination of the provision of our services unless there is any other legal reason to keep it.
At the expiration of the data retention period the data is erased by irreversible destruction and
we also inform all third parties, to whom the data was transferred, regarding such erasure and
request implementation of similar actions on their part.
8. YOUR RIGHTS AND HOW TO WITHDRAW CONSENTS AND UNSUBSCRIBE
We ask you to provide us with true, accurate and updated information on your identity and not
misrepresent yourself to be another individual or legal entity. Any changes in your identifying
details shall be notified to the Company immediately and in any case no later than the 7th day
from the date of such changes. If your data is incorrect or incomplete, please contact our
support services at the contact details listed in the section OUR CONTACT DETAILS below in
order to change your data.
Under certain circumstances, you have rights in accordance with applicable legislation and our
policies as amended from time to time. Some of the rights are rather complex and include
exemptions, thus we strongly advise you to contact us (at the contact details listed in the section
OUR CONTACT DETAILS below). You can find a summary of your rights below in this section.
A. The right to access. You have a right to obtain the confirmation as to whether or not your
data is being processed by us. In addition, you have a right to obtain more detailed information
about the data kept and the processing undertaken by us and under certain circumstances the
right to receive a copy of this data. In order to access and view your data without downloading it,
please go to the 'Access my data' in your personal cabinet, by logging onto your Account, go
to Personal Data and at the bottom of the page you can proceed with your request by selection
- Access my Data. In addition, you have a right to obtain more detailed information about the
data kept and the processing undertaken by us and under certain circumstances the right to
receive a copy of this data.
B. The right to rectification. You have the right to have inaccurate data about you rectified,
and, taking into account the purpose of the processing, to have incomplete data completed.
C. The right to erasure. This enables you to ask us to delete or remove personal data where
there is no good reason for us continuing to process it. In order to Delete your Account and all of
the personal data currently stored in our system you can do so, by logging into your Account go
to – Personal Data section and then Account Settings and at the Bottom of the Page you can
proceed with your request by selecting- Terminate Account – Delete My Account and all of its
data. Please note however that we may not always be able to comply with your request of
erasure for specific legal reasons which will be notified to you, if applicable, at the time of your
request. In case if you want to obtain complete erasure of your data (to apply the “right to be
forgotten”), please note that we may not always be able to comply with your request of erasure
for specific legal reasons which will be notified to you, if applicable, at the time of your request.
D. The right to restriction of processing. You have the right to request the restriction of
processing of your personal data (a) if it is not accurate;(b) where processing may be unlawful
but you do not want us to erase your data; (c) where you need us to hold the data even if we no
longer require it; or (d) where you may have objected to our use of your data but we need to
verify whether we have overriding legitimate grounds to use it.
E. The right to data portability. To the extent the legal basis for the processing is your
consent, and such processing is carried out by automated means, you have the right to receive
your data in a structured, commonly used and machine-readable format. However, this right
does not apply where it would adversely affect the rights and freedoms of others and/or in case
it may be technically impossible to do so.
F. The right to object. Subject to the legal basis on which the processing activity is based, you
may object to processing of your personal data. Please note that in some cases, we may have
compelling legitimate grounds to process your information which we need to comply with.
G. The right to withdraw consent. To the extent that the legal basis for the processing is your
consent, you have the right to withdraw from that consent at any time. This may apply to
marketing purposes and/or with regards to the transfer of your data to third parties. In case you
withdraw from a consent given, then we will cease to process your data, unless and to the
extent the continued processing is permitted or required according to the applicable data
regulation or other applicable laws and regulations. The withdrawal from your consent will in no
event affect the lawfulness of processing based on consent before its withdrawal.
H. The right to complain to the data protection supervisory authority. We do our best to
ensure that we protect your data, keep you informed about how we process your data and
comply with the applicable data protection regulation. In case you are not satisfied with the
processing and protection of your data or the information you have received from us, then we
urge you to inform us in order for us to improve. Please also do not hesitate to contact us, if you
want to make use of your rights.
If you want to exercise any of your rights mentioned above and/or obtain more information
regarding your rights and/or our policies and procedures please contact us through the points of
contact listed in the Section OUR CONTACT DETAILS below. Please also provide us with
relevant information to take care of your request, including your full name and email address so
that we can identify you. We will respond to your request without undue delay.
We may need to request specific information from you to help us confirm your identity and
ensure your right to access your data (or to exercise any of your other rights). This is a security
measure to ensure that personal data is not disclosed to any person who has no right to receive
it. We may also contact you to ask you further information in relation to your request to speed up
our response.
We try to respond to all legitimate requests within one month. Occasionally it could take longer
than a month if your request is particularly complex or you have made a number of requests. In
this case, we will notify you and keep you updated.
We may charge you a reasonable administrative fee for any unreasonable or excessive
requests we may receive, and for any additional copies of the data you may request.
9. DATA SECURITY
We have put in place appropriate security measures to prevent your data from being
accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we
limit access to your data to those employees, agents, contractors and other third parties who
have a business need to know. They will only process your data on our instructions and they are
subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data breach and will notify you of a
breach where we are legally required to do so.
Your help is always valuable in ensuring that your data is kept safe. Upon registration to the
Website (or its mobile version), the Client will be asked to choose a username and password to
be used by the Client on each future login and for the performance of transactions and use of
the Company's Services. In order to protect the Client's privacy and operation with the Website
sharing registration details (including without limitation, username and password) by the Client
with other persons or business entities is strictly prohibited. The Company shall not be held
responsible for any damage or loss caused to the Client due to improper use (including
prohibited and unprotected use) or storage of such username and password, including any such
use made by a third party, and whether or not known to or authorized by the Client.
Any use of the Website with the Client's username and password is Client's sole responsibility.
The Company shall not be held responsible for any such use, including for validation that Client
is actually operating in his/her account.
The Client is obliged to forthwith notify the Company's client service of any suspicion for
unauthorized use of the Client’s account. You may contact us at any time through the points of
contact listed in the Section OUR CONTACT DETAILS below.
Encryption of your data in transit. Encryption provides a high level of security and privacy for
your data. When you enter your data in our platform we use strong encryption technologies
(such as Transport Layer Security) to protect your data during transmission from your devices to
our servers.
For providing more trust and security we use digital EV (Extended Validation) Certificates issued
by trusted Certificate Authorities. You can see the ‘Green Bar’ in the supported browser versions
which confirms what all transmitted data is secure.
Protection of your data in our infrastructure. We make it a priority to develop services that
are secure "by default". The "default" security of our services means that all new services and
features are designed with strict security requirements in mind before we even begin
development. This is the key to guaranteed protection and privacy of all data that our services
handle and store, once the service or new feature is released.
To secure your data, we use the pseudonymisation which allows most of our services to operate
without using your actual data. Instead of that, our services use a system ID that can't be traced
back to identify you.
The Company is always vigilant about the security of your data stored in our infrastructure.
Because of that we locate all our equipment which is used for your data processing in secure
data centers. Network access to this equipment is isolated from the Internet. We use network
segmentation for isolation of services which need different levels of security from each other. In
addition, we restrict logical access to your data for our employees on a "need to know" basis.
So, only the personnel that really require access to your data for the purpose of providing you
with our best service, will have access to it.
Threats protection. Our Company is highly knowledgeable about modern threats to data
security and privacy, and we are well prepared to combat them. All events that occur in our
infrastructure are continuously monitored, analyzed and responded to, which allows us to
ensure proper protection of your data, keeping it safe from threats, vulnerabilities, and the
effects of malware.
In the event of a failure that affects the accessibility of your data, we have data backup and
recovery procedures in place that will help us restore your data in a short time. To guarantee
quick recovery, we use high availability mode enabled for most critical databases which allows
us to minimize downtime.
Employee awareness of data security. Our employees may handle your data in order to
provide you with first-class service. To guarantee the security and confidentiality of your data,
we monitor all employees’ actions with access to your data in our systems and grant access
strictly on a "need to know" basis: only employees who need access will receive it. We hold
regular training sessions to make sure that each employee understands the principles that the
Company follows to achieve robust data security and privacy.
If you choose not to give your personal information. In the context of our business
relationship we may need to collect data by law, or under the terms of a contract we have with
you. Without this data, we are, in principle, not in a position to close or execute a contract with
you.
If you choose not to give us this data, it may delay or prevent us from meeting our obligations. It
may also mean that we cannot perform services needed to run your accounts or policies.
To what extent we carry automated decision-making and profiling. In establishing and
carrying out a business relationship, we generally do not use automated decision-making. If we
use this procedure in individual cases, we will inform you of this separately. In some cases, we
may proceed with profiling in order to evaluate certain personal aspects. We shall inform you
accordingly in case we perform any profiling. In general, any data collection that is optional
would be made clear at the point of collection.
10. OUR CONTACT DETAILS
If you have any questions about this privacy policy, including requests relating to the data,
please contact our support team using the details set out below.
The entity responsible for your data processing is Sunset Horizon LLC and you can contact us
using the details set out below.
Address: Lighthouse Trust Nevis Ltd, Suite 1, A.L. Evelyn Ltd Building, Main Street,
Charlestown, Nevis
Email: support@obynexbroker.com
To enable us to process your request, please contact us using the registered email address you
disclosed and registered with us through your Account. We may require that you provide us with
proof of your identity, such as by providing us with a copy of a valid form of identification. This is
to ensure that we appropriately protect the personal data we hold from unauthorized access
requests and comply with our security obligations.
If you have any questions, or want more details about how we use your data, you may contact
us at the above contact details and we will be happy to provide you with further details.
11. LINKS TO OTHER WEBSITES
We may provide links to third party websites in our Website. These linked websites are not
under our control, and we therefore cannot accept responsibility or liability for the conduct of
third parties linked to our websites, including without limitation to the collection or disclosure of
your data. Before disclosing your data on any other website, we encourage you to examine the
terms and conditions of using that website and its privacy policies.
12. CHANGES TO THIS PRIVACY POLICY
1. This Privacy Policy was last updated 28.04.2025. We reserve the right, at our discretion, to add,
modify or remove portions of this Privacy Policy in the future to ensure that the information
herein provides relevant and adequate information about our collecting and processing of your
data.
2. This privacy policy may be supplemented by other information received from the Sunset Horizon
group and other terms and conditions applicable to the Website or which you have agreed to as
part of your interaction with us.
3. In case of updates, we will post the revised Privacy Policy on our website. Changes will take
effect as soon as the revised version is made available on our website. Your comments and
feedback are always welcome. You may contact us at any time through the points of contact
listed in the Section OUR CONTACT DETAILS above.

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