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CAPITALISE PRIVACY POLICY

The following statement sets out details of the policy adopted by Capitalise Ltd. (“Capitalise” or “We”) to gather and disseminate information, (the “Privacy Policy”).

The Privacy Policy outlines the types of personal and other data (as defined below) that we gather about people, how we collect and make use of such data, including saving, processing and sharing the data with third parties, etc.

Whenever in this Privacy Policy that we refer to “you” or “yours”’ the intention is to all users who make use of our services (as defined below) and the personal data and other data (as defined below) refers to him or her.

We collect personal data and other data (as defined below) through: (1) websites operated by us and other websites owned or controlled by Capitalise (collectively, the “Websites”); (2) through our social media pages that we control (collectively, our “Social Media Pages”); By using the Services, you agree to the terms and conditions of this Privacy Statement. Please read this Privacy Statement carefully.

Capitalise serves as a Data Controller and in some other cases, also serves as a data processor (depends on the brokers terms\agreement) of Personal Data about you. You are aware that your Personal Data as defined below, may be stored in Capitalise database and that providing the Personal Data is subject to your wish and your consent. However, if you do not provide us with the Personal Data that we request, or prohibit us from collecting such data, we may not be able to provide you with the Services.

Collection of Personal Data and of Other Data

“Personal Data” means data that identifies you as an individual or relates to an identifiable individual. We collect Personal Data, such as:

     - Contact information (Name, IP address, email address, phone number);

     - Demographic data (Regional and language settings);

     - Cookie information, search history, device ID, software and hardware attributes.

“Other Data” means data that does not reveal your specific identity or does not relate to an individual directly. We collect Other Data, such as, browser and device data including data collected through cookies, pixel tags and other technologies, aggregated data relative to your online activity on the platform, and responses to promotional offers and surveys.

In some instances, we may combine Other Data with Personal Data (such as combining your name with your location). If we do, we will treat the combined data as Personal Data as long as it is combined.

If you submit any Personal Data about other people to us or our service providers, you represent that you have the authority to do so and you permit us to use the data in accordance with this Privacy Statement.

How We Collect Personal Data and Other Data:

We collect Personal Data and Other Data in a variety of ways:

    - Online platform. We collect Personal Data when you use our platform or receive our services, communicate with us, or otherwise connect with us or post to social media pages, or sign up for a newsletter or participate in a survey, promotional offer or submit a job application.

    - Other Sources. We may receive Personal Data about you from other third parties. This may include information from your broker, state authorities in order to meet legal requirements, surveys companies and our sub-contractors and services providers, etc.

    - Automatic Information: When you use or interact with our website and/or use any apps that we may make available on our website, we receive and store information generated by your activity and information automatically collected from your browser or mobile device. For example, like many websites, we obtain certain information when your web browser accesses our website including your IP address, browser type, operating system, mobile network data, pages viewed and access times. This information helps us to communicate with our customers and provide them with our Services.

    - Support service. We collect Personal Data when you communicate with our support center over the web, communicate with us by email, or via online chat services or contact customer service. These communications may be recorded for purposes of quality assurance.

    - Aggregated Data. We may aggregate data that we collect and this aggregated data will not personally identify you or any other user.

Use of Personal Data and Other Data:

We use Personal Data and Other Data for one or more of the purposes detailed below:

     - Usage of our platform: We may process information relating to transactions that you enter into with us and/or through brokers' websites ("Transaction Data"). The transaction data may be processed for the purpose of supplying our services, customizing our services to your preferences, and keeping proper records of those transactions.

     - Response to inquiries: We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you and record-keeping.

     - Internal Business Purposes: For our internal business purposes, enhancing the website, improving our services, identifying usage trends and visiting patterns, determining the effectiveness of our promotions, predicating our yield and occupancy, and meeting contractual obligations.

     - Administrative and other communications: To send you important information regarding our platform, changes to our terms, conditions, and policies, or other administrative information.

     - Marketing and promotions: To communicate news and promotions to you regarding Capitalise related services we think may be of interest to you.

     - Safety and security: To maintain your safety and security as well as that of other users, while you use Capitalise's services.

     - Our legal duties: To comply with legal and regulatory requirements or demands in accordance with applicable law, regulations, or other legal process.

     - We may use some or all of the Personal Data and Other Data in order to perform certain statistical calculations, this research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents and business partners.

       However, that none of these calculations shall include any personally identifiable information or details. 

The legal basis for processing your Personal Data is made up of one or more of the following reasons:

    - Your consent.

    - Providing the Services.

    - Compliance with applicable laws, regulations or other legal process.

    - Legitimate Business Interest.

Disclosure of Personal Data and Other Data:

We share Personal Data and Other Data with the following:

    - Brokers, in order to provide better service experience based upon your preferences and strategies;

    - Service Providers and suppliers that assist us in providing services. Examples of such service providers and suppliers are legal advisers, accountants, suppliers of payment services etc.

    - Our marketing and advertisement partners to provide you with more-relevant ads and to encourage you to keep using the platform. These partners will not use your data for any other purpose than our legitimate interest of direct marketing and you will always have the right to object. 

    - We may disclose or transfer your Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Capitalise business and assets (including any bankruptcy or similar proceedings).

We may also disclose Personal Data as we believe to be necessary or appropriate: (a) to comply with  applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities, (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Capitalise , of you or of others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Cross-Border Transfer

    - As a general principal, any data processing is held within European Union (“EU”) and Israel borders including processing by our third parties.

    - Notwithstanding, some information might be held on a cloud which might be held outside the borders of Israel or in the EU. The operator of such services undertakes to comply with the General Data Protection Regulations provisions. In this specific case, be sure that we will verify that appropriate measures have been put in place to ensure that your Personal Data benefits from an adequate level of protection (in particular through standard contractual clauses of the European Commission, the Internal Company Rules or the Data Protection Shield set up between the European Union and the United States).

How You Can Access, Change, or Limit the Use of Your Personal Data

If you reside in the EU the following provisions will apply to you:

    - The right to information on the processing of your Personal Data. We strive to provide you with concise, transparent, understandable and easily accessible information on the conditions for processing your personal data, in clear and simple terms.

    - The right to access, rectify, delete your Personal Data. The right of access allows you to obtain from us confirmation that your Personal Data have or have not been processed as well as the conditions of such processing, and to receive an electronic copy (for any additional copy, we are entitled to demand payment of any reasonable fees based on the administrative costs incurred).

    - The right to obtain from us the rectification of your Personal Data.

    - Subject to the exceptions provided by applicable law, you have the right to ask us to delete your Personal Data, when one of the following grounds applies:

            Your Personal Data are no longer necessary for the purposes for which they were collected or otherwise processed;

            You wish to withdraw your consent on which the processing of your Personal Data was based and there is no other basis justifying such processing;

            You consider and can establish that your Personal Data has been unlawfully processed;

            Your Personal Data must be deleted in accordance with a legal obligation.

            The right to restrict the processing of your Personal Data; The applicable regulations provide that this right may be invoked in certain cases, in particular the following:

            When you dispute the accuracy of your personal data;

            When you consider and can establish that the processing of Personal Data is unlawful but you oppose the deletion of Personal Data and demand instead that the processing be limited;

            When we no longer need your Personal Data but they are still necessary for you to establish, exercise or defend your legal rights;

            When you object to the processing that would be based on the legitimate interest of the controller, during the verification whether the legitimate grounds pursued by the controller prevail over those of the person in question.

    - The right to data portability.

            When the processing is based on your consent or a contract, this right to portability allows you to receive the Personal Data you have provided to us with in a structured, commonly used format, and to transmit this Personal Data to another data controller without us hindering it.

    - The right to withdraw consent.

            When we process your Personal Data on the basis of your consent, this latter may be withdrawn at any time using the means provided for this purpose (procedure indicated below of this Policy). On the other hand, and in accordance with applicable law, the withdrawal of your consent is only valid for the future and cannot therefore call into question the lawfulness of the processing carried out before this withdrawal.

    - The right to decide the fate of your Personal Data after your death

            To organize the fate of your personal post-mortem data through the adoption of general or specific guidelines.  We are committed to respecting these guidelines. In the absence of directives, we recognize the possibility for heirs to exercise certain rights, in particular the right of access, if it is necessary for the settlement of the deceased’s estate; the right to object to the closure of the deceased’s user accounts; and the right to object to the processing of their data.

    - The right to lodge a complaint with a supervisory authority. If, despite our effort to preserve the confidentiality of your personal data, you feel that your rights are not respected, you have the right to lodge a complaint with a supervisory authority. A list of control authorities is available on the European Commission’s website.

    - If you reside anywhere outside the EU (including Israel) your rights to review, edit or amend Personal Data held in our Databases will be governed applicable Israeli law, including the provisions of the Protection of Privacy Law, 5741-1981.

Security

We implement reasonable administrative, organizational and technical safeguards and security measures to protect Personal Data from unauthorized access, disclosure, destruction or alteration, accidental loss, misuse or damage. We regularly review and monitor such safeguards and security measures.

When disclosure of data to third parties is necessary and authorized, we ensure that these third parties guarantee the same level of data protection as that offered to them by us and requires contractual guarantees so that the data are exclusively processed for the purposes you have previously accepted, and with the required confidentiality and security.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contact Us” section, below.

Retention

To the extent permissible by applicable law, we will retain your Personal Data for such period as necessary to satisfy or to fulfill the following:

    - The purposes for which that Personal Data was provided;

    - An identifiable and ongoing business need, including record keeping;

    - A requirement to retain records that may be relevant to any notified regulatory investigations or active legal proceedings;

    - Comply with any applicable law, regulation, legal process, including, without limitation, court orders and/or compulsory disclosures required by governmental authorities;

    - Fulfill legitimate interests of Capitalise and third parties, such as, defend in cases of legal procedures, etc.

Sensitive Data

Unless specifically requested, we ask that you do not send us, or disclose, on or through the Services or otherwise, to us, any Sensitive Personal Data (e.g., social security numbers, national identification number, data related to racial or ethnic origin, political opinions, religion, ideological or other beliefs, health, biometrics or genetic characteristics, criminal background, trade union membership, or administrative or criminal proceedings and sanctions).

Use of Services by Minors

Capitalise does not knowingly collect Personal Data from any person under the age of 18.

Updates

We are entitled to change and update this Privacy Policy from time to time, at our sole discretion, without having to provide notice. Thereof, Responsibility for becoming familiar with the changes, if any, made by this Privacy Policy rests with you alone.

Cookies

Like many other websites, in order to enhance your experience on our web site, some of our web pages may use “cookies". Cookies, by themselves, do not tell us your personally identifiable information unless you choose to provide this information to us (by, for example, registering for one of our services). However, once you choose to furnish the site with your personally identifiable information, this information may be linked to the data stored in the cookie.

A cookie is a small text file containing small amounts of information which is placed by a website onto a computer or device. Cookies are designed to assist a computer or device to remember something the user has done within that website, for example remembering that the user has logged in, or which buttons have been clicked.

We use cookies to understand site usage and to improve the content and offerings on our sites. We may use cookies to personalize your experience at our web pages and to offer you relevant services as well as interest-based or targeted advertising.

Disabling Cookies. Your browser may give you the ability to control cookies; certain browsers can be set to avoid cookies collection. If you do not agree to the use of cookies please disable them by following the instructions for your browser set out here, Please note that certain features on our website may not work properly. Some cookie organizations provide an automated disabling tool in respect of its cookie(s), see the list of these 3rd party cookies with a link to its automated disabling tool. In other cases you can disable & control them if you want through 3rd party control tools like this.

We may use various types of Cookies:

    - Session Cookies. These Cookies are stored only temporarily during a browsing session and are deleted from your device when you close the browser. We use Session Cookies to support the functionality of the site and to understand your use of the site, for example which       pages you visit, how long you stay on each page, etc.

    - Functional Cookies. We use Functional Cookies to save your settings on the site, we also use Functional Cookies to store data so that you can easily find it the next time you visit. Some Functional Cookies are essential to viewing maps or videos on our site.

    - Persistent Cookies. These Cookies are not deleted when you close your browser but are saved on your device for a fixed period or until you delete them. Each time you visit the site, the server that set the Cookie will recognize the persistent Cookie saved on your device. We and others use persistent Cookies to store your preferences, so that they are available for your next visit, for example if you've already logged in, these cookies will skip the log-in when you visit our site again.

    - Targeting and advertising Cookies. These cookies are used to collect information from you to help us to improve our products and services as well as serve you with targeted advertisements that we believe will be relevant to you. We use targeting cookies on our websites for various marketing initiatives and campaigns. We also may use some Analytics Cookies and Other Technologies to facilitate advertising.

    - Analytics Cookies. These cookies collect information about your use of the site, and enable us to improve the way it works. These Cookies give us aggregated information that we use to monitor site performance, count page visits, spot technical errors, see how users reach the Site, and measure the effectiveness of advertising & Targeted ads

The Website uses the following third party cookies:

    - MixPanel

            Capitalise uses Mixpanel, a business analytics service which tracks user interactions with web and mobile applications and provides tools for targeted communication with them.

            General information about Mixpanel and privacy protection at Mixpanel can be found on the following website:             https://mixpanel.com/legal/privacy-policy/

    - Inspectlet

            Capitalise uses Inspectlet which records videos of the website's activity as the visitors use Capitalise's site, allowing Capitalise to track the activity, see mouse movement, scroll, click, and keypress on the site.

            General information about Inspectlet and privacy protection at Inspectlet can be found on the following website:             https://www.inspectlet.com/terms-of-service#privacy

    - Intercom

            Capitalise uses Intercom in order to send targeted messages to onboard and activate users, and also to provide personalized             technical\site support at scale with a collaborative inbox, automation and self-service support.

            General information about Intercom and privacy protection at Intercom can be found on the following website:

            https://www.intercom.com/terms-and-policies#privacy  

    - Google Analytics

            Capitalise uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). By using cookies, Google Analytics collects and stores certain data. By using a browser plugin provided by Google, you can opt out of Google Analytics.

            General information about Google Analytics and privacy protection at Google can be found on the following Google website:             https://support.google.com/analytics/answer/6004245?hl=en

User can prevent the collection of data generated by the cookie regarding User's use of the website by the mentioned above as well as the processing of this data by downloading and installing the add-on available under the following link for User's current web browser: https://tools.google.com/dlpage/gaoptout?hl=en.

If User uses different web browsers on User's computer (e.g. Internet Explorer and Mozilla Firefox), User should download the add-on for each web browser User uses to visit this website.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please contact us at privacy@capitalise.ai.

Terms And Conditions

Capitalise Terms of Use

IMPORTANT: BY USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE

FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND

CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.

1. Acceptance of Terms

The following instrument consists of the terms and conditions governing your ("you" or "user")access to and use of Capitalise Ltd.’s ("Capitalise" or "We") proprietary web and application platform generally known as Capitalise and the content, features and services therein (collectively, the"Services"). These Capitalise TERMS OF USE together with the Capitalise Privacy Policy available at www.Capitalise.ai (the "Terms") constitute a binding agreement between you and Capitalise, and by continuing to use the Services (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.

We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the Services. You should check our Services periodically and review changes to the Terms at the following URL: www.Capitalise.ai . By continuing to use the Services following such modifications, you agree to be bound by such modifications.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE INSECTION 13 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED SECTION 13, YOU AND CAPITALISE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND CAPITALISE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. License

Subject to the terms and conditions set forth herein, Capitalise hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of the Services, only according to the terms of these Terms. The license may be terminated by Capitalise at any time.

3. Limitations on Use

You undertake hereby represent that you are at least eighteen (18) years old. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (ii) transfer,distribute, scrap, copy all or any part of the Services and/or the Capitalise IPR (as defined below)and/or use the Services as a service bureau; (iii) syndicate any part of the Services or refer to the Services by use of framing; (iv) make use of the Services in any jurisdiction where same are illegal or which would subject Capitalise or its affiliates to any registration requirement within such jurisdiction or country; (v) access the Services through or use with the Services any automated or unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Services; (vi) perform any act that destabilizes, interrupts or encumbers the Services or their servers or use “load testers”, that enable sending more calls to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (vii) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof;(viii) create false personas, multiple identities, set up an account on behalf of someone other than yourself or create another account after We have already disabled your account; (ix) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; (x)download or otherwise export or re-export the Services or underlying information or technology (a)into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. and/or Israel has embargoed goods and services; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment,software, hardware and services required for getting access to and using the Services.

4. Ownership of Proprietary Rights

The Services, including without limitation any underlying data, software, platforms, algorithms,technology, application design, any information, logos, trade-names and brands, services, text,application "look and feel" and features, Feedback (defined below) and any enhancements,improvements and derivatives thereof and all Intellectual Property Rights related thereto ("Capitalise IPR") are the property of Capitalise and/or its licensors, as the case may be, who retain all right, title and interest in connection therewith.

No transfer or grant of any rights by Capitalise is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Capitalise IPR or otherwise, except for the limited license set forth in Section 2 above.

"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks,service marks, domain names, logos, trade names, trade dress, the right to publicity and good will rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions,continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

5. Your Instructions

5.1 Your Content. You shall have sole responsibility and liability for any instructions you submit to the Services and for your use of the Services ("Your Use"). You acknowledge that nothing prevents or limits Capitalise's or any other user's right to use the same or similar instructions.

5.2 Representations and Warranties. You represent and warrant to Capitalise that: (i) Your Use comply with and will comply with all applicable laws, rules and regulations, the Terms and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights; (ii) you have, and will have at all times, all rights, licenses and consents required for your use of the Services.

6. Your Account

You may be required to open an account on the Services or interface with the Services through an account of a third party trading platform provider. You are solely responsible for any actions performed in the Services under your credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons to suspect that your credentials were discovered by any third party or that there was an unauthorized access to your account you will immediately notify Capitalise and your trading platform provider and modify your login information.
Notwithstanding anything to the contrary herein, if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all right, title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of confidentiality, other than in respect of your personally identifiable information; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.

7. Privacy

Capitalise's privacy practices are governed by Capitalise privacy policy, the most updated copy of which can be found at www.capitalise.ai ("Privacy Policy").

8. Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE CAPITALISE IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION CAPITALISE IPR ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAPITALISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANT ABILITY,NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE SERVICES ARE PROVIDED MERELY AS A TOOL TO BE USED BY YOU. CAPITALISE DOES NOT PROVIDE ANY ADVICE, CONSULTATION, ADVERTISEMENT, OFFER OR SOLICITATION FOR THE PURCHASE OR SALE OF ANY INVESTMENT OR SECURITIES. CAPITALISE  DOES NOT PROVIDE ANY ADVICE OR CONSULTATION REGARDING THE USE OR PURPOSE OF USE OF THE SERVICES AND DOES NOT ENDORSE ANY OUTPUT OF THE SERVICES AND/OR ANY DATA USED THEREWITH, INCLUDING WITHOUT LIMITATION ANY MARKET INDICATION OR RESEARCH RESULTS. WITHOUT DEROGATING FROM THE FOREGOING AND FOLLOWING DISCLAIMERS, CAPITALISE IS NOT A PARTY TO, AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO ANY INVESTMENT OR TRADING ACTIONS OR DECISIONS MADE IN CONNECTION AND/OR AS A RESULT OF USING THE SERVICES. ALL USE OF AND RELIANCE ON THE SERVICES AND THEIR RESULTS SHALL BE SOLELY UNDER YOUR RESPONSIBILITY AND LIABILITY.

CAPITALISE  DOES NOT WARRANT THAT THE CAPITALISE IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE ADVISED TO VERIFY WITH YOUR TRADING PLATFORM PROVIDER THAT ALL OF YOUR INSTRUCTIONS WERE TRANSMITTED SUCCESSFULLY.

CAPITALISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CAPITALISE IPR OR SERVICES INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, ACCURACY, RELIABILITY,AVAILABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM,DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE CAPITALISEIPR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL CAPITALISE AND ITS AFFILIATES, PARTNERS, OFFICERS,DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT,COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE CAPITALISE IPR OR TO ANY ERRORS, INACCURACIES,OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY CAPITALISE . WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE FORE GOING CAPITALISE WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER ANY LEGAL THEORY, CAPITALISE'S AGGREGATE LIABILITY SHALL NOT EXCEED 100$.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.

10. Indemnification

You agree to defend, indemnify and hold Capitalise and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any use of your account and/or Your Use; (ii) any third party claim in respect of Your Use; (iii) any breach of these Terms.

11. Third Party Content

The Services include resources and content provided by third parties or links to third party services("Third Party Content"). Capitalise is not and shall not be liable or responsible for any Third Party Content and does not control its availability. Should you leave the Services via a link or use Third Party Content, you do so at your own risk. In as much as you are redirected to linked sites,applications and content, We recommend you to carefully read and abide by the terms of use and privacy policies of such applications, sites and content.

12. Termination

We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or Capitalise IPR immediately (including without limitations the license set forth in Section 2 above), at our sole discretion without notice. Upon termination you shall immediately cease using the Services and the following Sections shall survive: 1,3, 4, 5.2, 7-14.

13. Arbitration, Class Waiver, and Jury Waiver

13.1 Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis ("Disputes"), except that you and Capitalise are not required to arbitrate any dispute for enforcement or infringement of either party's Intellectual Property Rights ("Excluded Disputes"). Any and all Disputes relating to,arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

13.2 Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800- 778-7879. The arbitration will be conducted by a single neutral arbitrator.Any Disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance- based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrat or may be entered in any court of competent jurisdiction.

13.3 Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected,the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

13.4 Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Capitalise. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Capitalise.

13.5 Waiver of Jury Trial. YOU AND CAPITALISE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and Capitalise are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and Capitalise over whether to vacate or enforce an arbitration award,YOU AND CAPITALISE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

13.6 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable,neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 13(12) below.

13.7 Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed,except by written agreement of the parties, pursuant to court order, or unless required by law.Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award,or to seek injunctive or equitable relief.

13.8 Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

13.9 Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Capitalise can force the other to arbitrate. To opt out, you must notify Capitalise in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Capitalise username and the email address you used to set up your Capitalise account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this address: info@capitalise.ai.

13.10 Small Claims Court. Notwithstanding the foregoing, either you or Capitalise may bring an individual action in small claims court.

13.11 Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Capitalise.

13.12 Venue for Excluded Disputes. Excluded Disputes shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein.The parties consent to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa in respect of Excluded Disputes and hereby submit themselves to the jurisdiction of these courts.13.13 U.N. Convention. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court.

14. General

(i) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be sever able from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (ii) You acknowledge and agree that Capitalise has the right, at any time and for any reason, to redesign or modify the Capitalise IPR and other elements of the Services or any part thereof; (iii) these Terms are the entire agreement between you and Capitalise regarding the subject matter herein and these Terms shall not be modified except by a written instrument executed by both parties; (iv) Capitalise may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations here under, to any third party without the prior written consent of Capitalise . Any unauthorized assignment will be void and of no force or effect; (v) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Capitalise any rights, remedies or other benefits under or by reason of these Terms; (vi) Capitalise's failure to enforce any rights granted here under or to take action against you in the event of any breach here under shall not be deemed a waiver by Capitalise as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (vii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (viii) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN ESPECT THEREOF.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: info@capitalise.ai

Last updated August 22, 2017

CAPITALISE CRYPTO PRIVACY POLICY

IMPORTANT: BY USING CAPITALISE CRYPTO's ("COMPANY" OR "WE") ONLINE SERVICES GENERALLY KNOWN AS CAPITALISE CRYPTO (THE "SERVICES") YOU ("YOU") CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND CONSENT THAT ALL PERSONALLY IDENTIFIABLE INFORMATION ("PII") THAT YOU SUBMIT OR THAT IS PROCESSED OR COLLECTED THROUGH THE SERVICES MAY BE PROCESSED BY THE COMPANY AND ITS AFFILIATES IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.

 

We recognize that privacy is important. This policy applies to all of the services, information, tools, features and functionality available on the Services offered by the Company or its subsidiaries or affiliated companies and covers how PII that the Company collects and receives, including in respect of any use of the Services, is treated. If you have any questions about this policy, please feel free to contact us at: info@capitalisecrypto.ai

 

Please also read Capitalise Crypto's Term of Use at: https://www.capitalisecrypto.ai/, which describe the terms under which you use our Services.

 

1.      Information We Collect and How We Use It. In order to provide and improve our Services, we may collect and process PII, including the following types of information:

1.1.   Information You Provide. If you had to open an account on the Services, we ask you for personal information, including: name and email address.

1.2.   Third Parties. We sometimes supplement the information that you provide with information that is received from third parties, such as your trading platform providers. 

1.3.   User Communications. When you send email or other communication to the Company, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services. We may send you push notifications with news and updates in respect of the Services. We may also send you newsletters and promotional communications, you may opt-out of this service at any time by submitting a request at the following link: support@capitalisecrypto.ai .

1.4.   User Information. When you use our Services, we may automatically receive and record information from your device and browser, your  IP address, cookie information, search history, device ID, your regional and language settings and software and hardware attributes. Our systems may automatically record and store technical information regarding the method and nature of your use of the Services, including without limitation which pages of the Services our visitors view and what content they used.  An IP address is a numeric code that identifies your device on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information. The Company uses all of the PII that we collect to understand the usage trends and preferences of our users.

1.5.   Aggregate and Analytical Data.In an ongoing effort to better understand trends, statistics and serve the customers of the Services, we often conduct research on our customer demographics, interests and behavior based on the PII and other information provided to us, including your trade instructions. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

2.      Cookies. In order to provide an efficient service, e.g.: remember your registration and login details; remember your settings preferences and provide you a quality service when contacting us, we may collect the data described herein by using temporary cookies that remain on your device for a limited period of time. We may also use persistent cookies that remain on your device until manually removed, in order to manage and maintain the services and record your use of the Services. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to and stored on your device. Cookies do not damage your device. Most browsers or devices may allow you to block cookies block cookies but you may not be able to use some features on the Services if you block them. You may set most browsers to notify you if you receive a cookie (this enables you to decide if you want to accept it or not). We may also use web beacons via the Services to collect information. Web beacons or "gifs", are electronic images that may be used in our Services or in our emails. We use Web beacons to deliver cookies, count visits and to tell if an email has been opened and acted upon.

3.      Links. Links to other services, sites and applications may be provided by the Company as a convenience to our users. The Company is not responsible for the privacy practices or the content of other sites and applications and you visit them at your own risk. This privacy statement applies solely to PII collected by us.

4.      Children. If you are a child under the age of 18, please do not use our Services. The Company will not knowingly contact or engage with children under the age of 18. If you have reason to believe that a child has provided us with their PII, please contact us at the address given above and we will endeavor to delete that PII from our databases.

5.      Information Sharing.  The Company may share PII in the following circumstances: (a) as required for the provision, maintenance and improvement of the Services, including sharing information with your trading platform providers; (b) if we become involved in a reorganization, merger, consolidation, acquisition, or any form of sale of some or all of our assets; and/or (c) to satisfy applicable law or prevention of fraud or harm or to enforce applicable agreements and/or their terms, including investigation of potential violations thereof. 

6.      Information Security. We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of PII. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security. We keep your PII only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.

7.      Data Integrity, Accessing and Updating Personal Information. The Company processes PII only for the purposes for which it was collected and in accordance with this policy or any applicable service agreements. We review our data collection, storage and processing practices to ensure that we only collect, store and process the PII needed to provide or improve our Services. We take reasonable steps to ensure that the PII we process is accurate, complete, and current, but we depend on our users to update or correct their PII whenever necessary. Nothing in this policy is interpreted as an obligation to store information, and we may, at our own discretion, delete or avoid from recording and storing any and all information.

Upon receipt of your written request and enough information to permit us to identify your PII, we will, if required by law, disclose to you the PII we hold about you. Upon your request, we will also correct, amend or delete any PII that is inaccurate.  We do not charge for complying with a correction request, however, for all other requests, we may charge a small fee to cover its costs. Requests to delete PII are subject to any applicable legal and ethical reporting or document retention obligations imposed on the Company. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required.

8.      Enforcement. The Company regularly reviews its compliance with this policy. Please feel free to direct any questions or concerns regarding this policy or our treatment of PII by contacting us as provided above. When we receive formal written complaints it is the Company's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of PII that cannot be resolved between the Company and an individual.

9.      Changes to This Privacy Policy. The Company may update this policy. We will notify you about significant changes in the way we treat PII by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Services. We encourage you to periodically review this policy for the latest information about our privacy practices.

10.   Consent To Processing. By providing any PII to us pursuant to this policy, all users, including, without limitation, users in the United States, Israel and member states of the European Union, fully understand and unambiguously consent to this policy and to the collection and processing of such PII abroad. The server on which the Services are hosted and/or through which the Services are processed may be outside the country from which you access the Services and may be outside your country of residence. Some of the uses and disclosures mentioned in this policy may involve the transfer of your PII to various countries around the world that may have different levels of privacy protection than your country. By submitting your PII through the Services, you consent, acknowledge, and agree that we may collect, use, transfer, and disclose your PII as described in this policy. If you do not consent to the terms of this policy, please do not use the Services.

11.   Questions.If you have any questions about this policy or concerns about the way we process your PII, please contact us at support@capitalisecrypto.ai. If you wish to delete all information regarding your use of the Services, please contact us at: support@capitalisecrypto.ai.

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